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Home My WebLink AboutLand Use Case.602 E Hyman Ave.0002.2013.AHPC THE CITE' QF ASPEN City of Aspen Community Development Department CASE NUMBER 0002.2013.AHPC PARCEL ID NUMBERS 2737.182.12.003 PROJECTS ADDRESS 602 E HYMAN AVE PLANNER AMY SIMON CASE DESCRIPTION CONCEPTUAL REVIEW HPC DESIGNATION REPRESENTATIVE SUNNY VANN 970-925-6958 DATE OF FINAL ACTION 11/29/2013 CLOSED BY ANGELA SCOREY ON: 12/05/13 273 7f $Z 12003 v00Z• 20(-2- A*PL P rmt " File EdJ eee� Na gate Rewis fav Tab HfIp Fti"3�a"s kei Fe¢Swmtr hiai.P,dm�s udm'rd< gBa, ':N,z6 NtF}E w�ar.Fz�kIS SEemat Farr&Is a FUD#41Flaha ,k.Hstoe.Lrd.s. Perth#.F32201.,.PC Aw t MP '� Fematln's°�tmn : Wu Z Poled � StaNS Fanan, ,�praa2d � FCR SFECIAL REIAI_, P^01,FMr1,HP,DESIG ABINJ �1ss�°Anal Soaad d1` twJJ 2c o%S pod w y :<[q? i IaS a `E-i t SP_-tt LC^. Fr. k CAiEL_HUNT 1FP FIiST OF iC C Eye 2 d'l5?9 S Addres Ella.T."?:241 rprmerisapplicant? �',Coadadorisapplicanl? mt mmm EE EUIDIAG*:H LLC F n me D}l E.L HMAT 101 EM ST —s RE 40"T, N%ill 415iFl iC&;F386 ddira A TY''Jrd tender Ladmme Festnam i pma -'wdm I 7 3 3 ApenGatlS�sene�eege�s 1d1 4'77 c�2 lay . RECEPTION#: 602126, 08/01/2013 at 10:19:30 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE Janice K. Vos Caudill, Pitkin County, CO ORDINANCE #10 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE,LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-12-003 WHEREAS, the applicant, EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects, submitted an application on January 11, 2013, pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark designation negotiation for the property located 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owner and representative met with the Historic Preservation Commission on February 27, 2013; and WHEREAS, at their regular meeting on February 27, 2013, the HPC considered the designation and proposed development, and found that 602 E. Hyman Avenue is a "Best" example of the Modern style in Aspen. HPC recommended City Council approval of Historic Landmark Designation; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Section 26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;" and WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, Ordinance#10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 1 of 4 WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado, subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby accepts the following incentive, granted by HPC. 1. Waiver of the three parking spaces and the cash-in-lieu payment generated by the proposed remodel; and Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following fmal approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Ordinance#10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 2 of 4 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Litigation 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 6: Severability 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: Public Hearing A public hearing on the ordinance shall be held on the 13th day of May, 2013 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Ordinance#10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1 I th day of March, 2013. Michael C. Ireland, yor ATTEST: Kathryn Ko City Clerk FINALLY,adopted, passed and approved this ? day of sh9 ,. 013. Michael C. Ireland, Ma r ATTEST: Kathryn Koch,J' ty Clerk � APPROVED AS TO FORM: James R. True, City Attorney Ordinance#10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 4 of 4 Ad Name: 8978161 A NoT Customer: Aspen LEGALS\ City of ORDINANCE x10,2013 PUBLIC HEARING ` / Y Ortlinance x10,Series of 2D13.was adopted on first reading at the City Council meeting March 11, Your account number: 1013028 2013. This ordinance.if adopted will approve A- pen Modern negotiations for historic tlesignation of 602 E.Hyman. The public hearing on this ordi- nance is scheduled for March 18,2013,at 5 PM, PROOF OF PUBLICATION To see halt. entire text,go to the city's legal notice website htebsit ww.aspenpitkin.com/Depariments/Clerk/Le- gal-Notices/ t you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. Published in the Aspen Times Weekly on March 14,2013. (8978161 J STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN 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 every number of said daily newspaper for the period of I consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 3/14/2013 and that the last publication of said notice was in the issue of said newspaper dated 3114/2013. In witness whereof,I have here unto set my hand this 03/18/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 03/18/2013. Mary E-Borkenhagen,Notary Public 114y,Commission expires:September 12,2015 ` 41"�gORK�� T4.9.':9m PUeL __ 0, F,'�"Froinc M'N MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: Second Reading of Ordinance #10, Series of 2013, AspenModern negotiation for historic designation of 602 E. Hyman Avenue, Public Hearing continued from March 19, 2013 DATE: May 13, 2013 SUMMARY: 602 E. Hyman Avenue, at the corner of Hyman and Hunter Streets, was constructed in at least four phases, starting in 1960. The initial xd F ' development was a one story, concrete block commercial/retail space. Additions/alterations occurred in 1964, 1966 and 1968. A substantial portion of the existing structure . z was designed and/or remodeled by Ellie Brickham during the 1966 modifications. Ellie Brickham is Aspen's first known female architect, arriving in town in 1951. Ms. Brickham was a close family friend to the owners of 602 E. Hyman in the 1960s, and also designed their family home orb McSkimming Road. Ms. Brickham designed the recently landmarked building immediately to the east, the offices of Charles Curmiffe Architects. The subject property was in the same ownership for approximately 50 years, until 2012, when it was sold. The purchaser pursued and received P&Z approval for a remodel and third floor addition. After further study of the feasibility of the project, it was decided to revise the approach, landmark designating through the AspenModern program. The applicant proposes an interior remodel, an addition at the rear of the building for a garage, staircase and elevator, and minor alterations to other facades and the roof of the building. HPC has granted Conceptual design approval, including a parking waiver and reduction of the on-site utility/trash/recycle area. Council has the opportunity to Call-up HPC's decision at this meeting. Second Reading of Ordinance#10, Series of 2013 602 E.Hyman Page 1 of 6 While AspenModern permits negotiation of special preservation incentives, in this case nothing other than standard landmark benefits are requested by the applicant. HPC recommends Council support designation. APPLICANT: EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects. PARCEL ID: 2737-182-12-003. ADDRESS: 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO. ZONING: C-1, Commercial. HISTORic DESIGNATION AspenModern Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two of the criteria a-d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and Second Reading of Ordinance#10, Series of 2013 602 E.Hyman Page 2 of 6 e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Response: This is one of the few Ellie Brickham designed buildings that remains in Aspen. The building is part of a set of 1960s/1970s era landmarks that have r been designated in the 500s to 700s blocks of East Hyman Avenue including " two buildings designed by Tom Benton, �I two designed by Robin Molny, and the 610 E. Hyman building by Ellie Brickham. These structures were built during the period that the Aspen Post Office existed at Hyman and Spring Streets, a circumstance that may have contributed to a construction boom in the area. Pictures at right show the building in the late 60s and mid 70s. Some features of the building that have been changed, for instance the historic black and white color scheme, are expected to be restored by the applicant as part of the HPC approval. There is relatively little documentation of the subject building. Ellie Brickham's drawings have not been preserved. The best information that has been located are building permits and photos from the Assessor's archives. Second Reading of Ordinance#10, Series of 2013 602 E.Hyman Page 3 of 6 Ellie Brickham (1923- 2008) moved to Aspen in 1951 after attending the University of z a Colorado's School of Architecture from 1941-1944. A- Construction was a s family business, and , her motivation to become a designer ' uw � began as a child. According to the research paper, "Aspen's Twentieth- . Century Architecture: ` Modernism 1945- Figure 4: Creating the scraffito wall at the Aspen Institute, from left- Ellie Brickham, Masato Nakagawa, Herbert Bayer, and Fritz Benedict, Courtesy 1975:„ Ferenc Berko Photography. "Early in her career, Brickham worked in Fritz Benedict's office and collaborated on projects with both Benedict and Bayer, participating in work going on at the , Aspen Institute. Like Benedict, she had a strong interest in passive solar techniques. During her time in that offices and, later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, including houses for several Music , Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 433 Bleeker Street- demolished) and the Patricia Moore Building (1962, 610 E. Hyman Avenue). In Pitkin County, she designed r numerous homes in Pitkin Green and Starwood, on Red Mountain, including her own house (1955), with south and west walls made completely of glass. Her works, ”; which total at least sixty in the Aspen area, are generally characterized by spare, simple forms and minimal detailing. Brickham's projects focus on an "impeccable sense of proportion and feeling of lightness," Brickham reviewing plans with clients 1973. according to a 1977 Aspen Times article." ' HPC presented an Honor Award to Ellie Brickham in 2001, in recognition of her influence on the built environment in Aspen. Second Reading of Ordinance#10, Series of 2013 602 E.Hyman Page 4 of 6 Staff finds that historic designation criteria a and c are met. Relatively few of the noted postwar properties are commercial structures. It is important to carefully consider preservation opportunities for this small collection of highly visible downtown structures. The second component of designation is scoring the physical integrity of the building. Staff s score sheet is attached as Exhibit A. Staff scored the building as a "Best" example of AspenModern, with 17 out of 20 points. Staff finds that designation criterion e is met. HISTORIC PRESERVATION The Community Development Director shall confer with the Historic Preservation Commission, at a public meeting, regarding the proposed land use application or building permit and the nature of the property. The property owner shall be provided notice of this meeting. The Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, shall provide Council with an assessment of the property's conformance with the designation criteria of Section 26.415.030.C.1. When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a "good, better, or best" example of Aspen's 201h century historic resources, referencing the scoring sheets and matrix adopted by City Council. Staff Response: The existing building contains office space in the basement and main floor, and two residential units on the upper floor, one of which is a "bandit unit" that was former commercial space to which a kitchen and bathroom were added in the past without proper approvals. As part of this project, the "bandit unit" will be absorbed into the larger existing unit, eliminating the zoning violation. The applicant plans an interior remodel, an addition at the rear of the building for a garage, staircase and elevator, and alterations to other facades and the roof of the building. Overall, the project complies with all the dimensional requirements that were in place for the zone district at the time of application. (After the application was filed, code amendments adopted by Council went into effect, limiting height to 28' and prohibiting all residential development in this zone district.) The net livable area of the second floor residential unit is larger than allowed by zoning, unless the owner purchases and lands a TDR on the site, which is their intention. As a proposed landmark, HPC has purview over design review for the property. Second Reading of Ordinance#10,Series of 2013 602 E.Hyman Page 5 of 6 The applicant requests no special incentives through AspenModern, beyond those available to all landmarks in Section 26.415.110 of the Municipal Code. The only benefit requested of HPC was a parking waiver/parking fee waiver. The proposed project does not trigger additional parking requirements, however the rear addition, which encloses one parking space and creates appropriate circulation/existing and accessibility for this mixed use building displaces 3 existing parking spots. The options for creating additional parking along the alley are greatly restricted by two large trees at the rear of the site. To grant variances, HPC must find that the review standards of Section 26.415.110.0 of the Municipal Code are met. They require that: 1. The parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. HPC found it appropriate to waive the 3 displaced parking spaces, thereby eliminating the need to pay a $90,000 cash-in-lieu fee. This was considered a reasonable preservation incentive, consistent with approvals that have been granted to other landmarked properties. As part of their review process, HPC also accepted an alternative design for the required on-site utility/trash/recycling area. HPC accepted a plan endorsed by the Environmental Health Department. The reduction is available for all properties and was not granted as a preservation incentive. STAFF RECOMMENDATION: Staff and HPC recommend Council support the proposed AspenModern landmark designation of 602 E. Hyman Avenue, finding that the designation review criteria are met. RECOMMENDED MOTION: "I move to adopt Ordinance#10, Series of 2013." CITY MANAGER COMMENTS: EXHIBITS: Ordinance#10, Series of 2013 Exhibit A: Integrity Score Sheet Exhibit B: Draft HPC Resolution#5, Series of 2013 Exhibit C: Application Exhibit D: Existing conditions Exhibit E: Proposed remodel Second Reading of Ordinance#10, Series of 2013 602 E.Hyman Page 6 of 6 ORDINANCE #10 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE,LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-12-003 WHEREAS, the applicant, EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects, submitted an application on January 11, 2013, pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark designation negotiation for the property located 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owner and representative met with the Historic Preservation Commission on February 27, 2013; and WHEREAS, at their regular meeting on February 27, 2013, the HPC considered the designation and proposed development, and found that 602 E. Hyman Avenue is a "Best" example of the Modern style in Aspen. HPC recommended City Council approval of Historic Landmark Designation; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Section 26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;" and WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, Ordinance#10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 1 of 4 WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado, subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby accepts the following incentive, granted by HPC. 1. Waiver of the three parking spaces and the cash-in-lieu payment generated by the proposed remodel; and Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Ordinance#10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 2 of 4 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 610 E. Hyman Avenue, Lot M, Block 99, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Litigation 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 6: Severability 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. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: Public Hearin A public hearing on the ordinance shall be held on the 18th day of March, 2013 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Ordinance#10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 th day of March, 2013. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY, adopted, passed and approved this day of , 2013. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney Ordinance #10, Series of 2013 602 E. Hyman, AspenModern Negotation Page 4 of 4 U - p `sluiod le;ol 1� d 1 L`a,✓ 1 -spue f3moos `smod f � s g uegj ssel pewee Rpedoid aqj 11 y abed }xau ay} o}enupoo `sluiod aaow ao g paujea Apadoid aul 11 r � -sanlIuaoui 10 paeMe aqJ 10 : led se paalnbai eq Aew uol}eao}sad Ar n. aiAIS leuoljewalul/snegneg se Aj!lenb 01 aouap!na leolsAgd jo olydeaBojogd uBnojgl a6pa low pue `apej6 `sgwef nnopulnn je pe}ap ou paluauanoop Apealo ao juesaad jo lewlulw q}!nn'gloows aae saoepns `pazlpiepuel.s aaq Ea `sajn}eat Buiuilap as oeaeuo m pue painjoelnuew Allelau96 aae sleu9jeW (L 0� aLIJ;o g aney Isnw Buippq y sjoa.}a anlJeaooap uey}aaylea s}uawala -s�uaooe jo uoi}lsadwoo eqj o}peonpai sl 6ullle}aa (g . aol pasn aae saoloo AJBW'Jd 'saoloo lejInau lleM ule�no a se saeadde 6uizel6 6uisn `oljewoauoouow aae sawauoS (p L to `filejuozuoy ao Alleorpan jayjla`aoe}jns juawuoalnua peen au}ul sjols se pa}ewl aae snnopul/A (g leinleu aqj of uopauuoo lensin a nnolle 1egl 6ulzel6}o seaae pue `adeospuel ayj op puajxa s;uawala jo luawa6ueaje Ieoljlawwlsy (t, ' fetal s}uawale Ilene`spaeApnoo}o asn aqj pezlseydwa aae Ononil a.tnjeu o}pa}oeuuoo aae s6u!plln8(6 scull IeIuozlaou `nnol pue 6uol We suoiljodoad (E -xoq .lad julod � uolllsodwoo -anal sl juewalels ata;olul auo sloaJlp;eta;anlo leanaoaalqoae Auols albuls Allensn`s}oo.t lel_� Jayjo Jo `Juawala uaaaos paaanalljueo a uolJenala �� XOq �loau� `Ilene ayj ul plop e fq pe�jew Allensn $l fulu3 (g pue weld ul gloq `swjojoplawoa6 aldwls 4 ales lauoolauialul/snagnIeg aqj jo sainjaai buiu0lali jajaaaego INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. LOCATION OF i ON • The building is in its original location. 2 paints ' The building has been shifted on the original parcel, but maintains its origina alignment and/or proximity to the street. 1 point The property is located within the geographical area surrounded by Castle 71p nt Creek, the Roaring Fork River and Aspen Mountain. The property is outside of the geographical area surround by Castle Creek, the Raoring Fork River and Aspen Mountain. 1/2 point The form of the building (footprint, roof and wall planes) are unaltered from 3 paints the original design. a.) The form of the building has been altered but less than 25% of the original walls have been removed, OR b.),The alterations to the form all occur at the rear of the subject building, OR 2 points 1 (.),The form of the building has been altered but the addition is less than 50% o,f.the size of the original building, OR A.,),There is a roof top addition that is less than 50% of the footprint of the roof. MATERIALS Exterior The original exterior materials of the building are still in place, with the (t]2Ep oints exception of normal maintenance and repairs. 5 % of the exterior materials have been replaced, but the replacements 1 point "match the original condition. Windows . . The.original windows and doors of the building are still in place, with the points exception of normal maintenance and repairs. 50 of the original windows and doors have been replaced, but the 1 point replacements match the original condition. eBest: • to 20 points Integrity Score (this page) maximum of 10 points: Better: 12 ' to points Character Defining Features Score (first page) maxi- Good: 11 up to 12 points mum of 10 points:. Not ' ' ' points HISTORIC ASSESSMENT SCORE: —, I �f A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE ASPENMODERN HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE,LOTS K AND L,BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO,AND APPROVING CONCEPTUAL MAJOR DEVELOPMENT, CONCEPTUAL COMMERCIAL DESIGN STANDARD REVIEW, PARKING WAIVER AND SPECIAL REVIEW FOR UTILITY/TRASH/RECYCLING AREA RESOLUTION 95, SERIES OF 2013 PARCEL ID: 2737-182-12-003 WHEREAS, the applicant, EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects. has requested that the property located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado be considered for voluntary historic designation through the AspenModem negotiation as described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, the applicant also requested approval for Conceptual Major Development, Conceptual Commercial Design Review, a Parking waiver, and a reduction in the required utility/trash/recycling area; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, HPC may grant reductions to the Utility/Trash/Recycling area based on the review standards of Section 26.575.060; and RECEPTION#: 597708, 03/14/2013 at 10:36:37 AM, 602 E. Hyman Avenue-As enModern 1 OF 3, R $21.00 Doc Code RESOLUTION HPC solution#5,Series of 2013 Janice K.Vos Caudill, Pitkin County, CO WHEREAS, HPC may grant parking variances based on the review standards of Section 26.415.110.0 and Section 26.515.040; and WHEREAS, Amy Guthrie, in her staff report to HPC dated February 27, 2013, performed an analysis of the application based on the standards. The staff recommendation was that the property should be designated a landmark as it meets the criteria for designation and the integrity score qualifies as the "best" category of historic resources. Staff recommended that the design review be continued for restudy of some aspects of the proposal; and WHEREAS, at their regular meeting on February 27, 2013, the Historic Preservation Commission considered the application during a duly noticed public hearing, including the staff recommendation, and public comments, and found the project to be consistent with the review criteria, with conditions, by a vote of 4 to 1. NOW,THEREFORE,BE IT RESOLVED: That HPC hereby finds that the property located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado meets the designation criteria of Land Use Code Section 26.415.025 and 030. HPC hereby approves Conceptual Major Development, Conceptual Commercial Design Review, Parking Waiver and Special Review for Utility/Trash/Recycling Area with the following conditions: 1. HPC finds that 602 East Hyman Avenue meets designation criteria a, c, and e, listed in §26.415.030.C.1 2. HPC finds that 602 East Hyman Avenue is a"best" example of Modern architecture. 3. HPC hereby accepts the proposed utility/trash/recycling area, with the condition that it be designed to allow the dumpster to be turned parallel to the alley for emptying. The applicant must identify options that would also allow the dumpster and recycle bins to be attached to the fence to prevent wildlife from knocking them over 4. HPC hereby waives the on-site parking requirement and cash-in-lieu fee for three parking spaces required by the redevelopment application. 5. For Final HPC review, restudy the new deck and stairs on the south fagade of the building. 6. For Final HPC review, restudy the proposed rooftop monitors. 7. For Final HPC review, lower the proposed hot tub to the main roof deck. 8. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30)days prior to the expiration date. 602 E.Hyman Avenue—Aspenklodern HPC Resolution 45,Series of 2013 APPROVED BY THE COMMISSION at its regular meeting on the 27th day of February, 2013. Ann Mullins,Chair Approved as to Form: Deb ie Quinn,Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 602 E.Hyman Avenue—Aspen-Modern HPC Resolution#5, Series of 2013 AN APPLICATION FOR HISTORIC DESIGNATION AND CONCEPTUAL DESIGN REVIEW FOR 602 EAST HYMAN AVENUE Submitted by; EB Building Aspen, LLC c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 January 12, 2013 Prepared by: VANN ASSOCIATES, LLC Planning Consultants P.O. Box 4827 Basalt, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS PLANNER SURVEYOR Sunny Vann Jason R. Neil, L.S. 37935 Vann Associates, LLC Peak Surveying, Inc. P.O. Box 4827 P.O. Box 1746 Basalt, CO 81621 Rifle, CO 81650 (970) 925-6958 (970) 625-1954 ARCHITECT CIVIL ENGINEER Dylan Johns Yancy Nichol, P.E. Zone 4 Architects, LLC Sopris Engineering, LLC P.O. Box 2508 502 Main Street, Suite A3 Aspen, CO 81612 Carbondale, CO 81623 (970) 429-8470 (970) 704-0311 i i 1. INTRODUCTION The following application requests historic designation of the existing commer- cial/residential building located at 602 East Hyman Avenue pursuant to the City's 4 AspenModern regulations (see Pre-Application Conference Summary, Exhibit 1, Appendix A, attached hereto). Historic Preservation Commission ("HPC") conceptual major development and commercial design review approval are requested to permit a modest expansion of the building's existing free market residential unit, and to construct a new stairway, elevator and enclosed garage at the rear of the building. Special review approval for the building's proposed trash/utility/recycle area, and two administrative growth management quota system ("GMQS") approvals are also requested. The application is submitted pursuant to Sections 26.415.025.C., 26.415.030.C., 26.415.070.D., 26.412.020, 26.575.060, and 26.470.060.3. and 4. of the Aspen Land Use Regulations (the "Regulations") by EB Building Aspen, LLC (hereinafter "Applicant"), the owner of the property (see Title Insurance Policy, Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, 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 4, 5, 6 and 7, respectively. Please note that conceptual commercial design review approval, and special review approval for the building's trash/utility/recycle areas, were granted to the Applicant by the Planning and Zoning Commission ("P&Z") for the construction of a third floor, residential addition to the existing building on June 19, 2012 (see Resolution No. 12, Exhibit 8, Appendix A). An application for GMQS and subdivision approval for the proposed addition was submitted to the Community Development Department 1 ("COMDEV") on October 15, 2012, As Section 26.304.030.F. of the Regulations prohibits COMDEV from accepting and reviewing more than one development application for a given property, the Applicant hereby vacates the pending GMQS/subdiv- ision application concurrent with the submission of this application (see Exhibit 9, Appendix A). 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. 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. II. PROJECT SITE The project site is legally described as Lots K and L, Block 99, City and Townsite of Aspen, and is located at the northeast corner of East Hyman Avenue and South Hunter Street. As the Improvement Survey on the following page illustrates, Lots K and L contain 6,002 square feet of "Lot Area" and are zoned C-1, Commercial. Improvements to the property consist of a two-story, concrete block building with a second floor deck and a partial basement; two landscaped courtyards fronting on Hyman 2 Avenue; and a paved parking area located adjacent to the alley at the rear of the property. The parking area contains six conforming spaces. A decorative metal fence encloses the southwest courtyard., A wooden fence extends from the rear of the building to the alley along the project site's western property line. An electric transformer is located adjacent to the alley at the northwest corner of the property. Two small roofs located above the building's Hyman Avenue and Hunter Street entrances encroach into the adjacent street right-of-ways. Existing vegetation consists primarily of three large spruce trees which are located within the southwest courtyard and at the rear of the building behind the wooden fence. A small aspen tree and various ornamental trees and shrubs are located in the two courtyard areas. A site plan, floor plans, elevations and photographs of the existing building are provided on the following pages. As the existing floor plans illustrate, the building's basement and ground floor are presently devoted to office use, and contain approximately 1,653 and 2,175 square feet of net leasable area, respectively. A two-bedroom, free market dwelling unit containing approximately 1,531 square feet of net livable area and approximately 720 square feet of additional net leasable commercial area, which is presently used for office purposes, are located on the building's second floor. In total, the building contains approximately 4,548 square feet of commercial net leasable area. The building's existing floor area totals approximately 5,351 square feet. Approximately 401 square feet of the second floor office area contains a kitchen- ette which was apparently added without the benefit of required approvals, and which has been used from time to time as a so-called "Bandit" residential unit (see Affidavit, Exhibit 1, Appendix B). The two-bedroom, free market residential unit has existed since the building was constructed, and has historically been occupied by both non-residents and working residents of the community. As a result, the expansion of the unit is subject 4 to the requirements of Section 26.470.070.5 of the Regulations, "Demolition or Redevelopment of Multi-Family Housing" Existing development in the immediate site area includes the Victorian Square office building, which is located on the south side of Hyman 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 Vectra Bank building, which is located at the northwest corner of Hyman and Hunter; and an existing mixed-use building located across the alley at the rear of the property. An additional mixed-use building is located adjacent to and immediately east of the project site. The character of the immediate site area can be described as a mixed-use neighborhood containing a variety of commercial, office and residential land uses. As the attached Engineering Report prepared by Sopris Engineering, LLC indicates (see Exhibit 2, Appendix B), the existing building is served by all required utilities. Domestic water is currently provided via a one inch service line that connects to a main line located in Hyman Avenue. Sanitary sewer service is provided via a four inch line that connects to an existing main located in the alley at the rear of the property. Natural gas service to the building is also provided from an existing line in the alley, the meter for which is located in the vicinity of the northernmost spruce tree and the adjacent fence. Electric service is provided from the existing transformer located at the northwest corner of the property. Telephone service is provided from an existing pedestal located adjacent to the electric transformer. Stormwater runoff from the property's impervious surfaces currently discharges to the existing landscaped areas and the alley. The project site lies within the City's "Court House View Plane No. 1", a designated Environmentally Sensitive Area. As the Improvement Survey illustrates, however, the view plane intersects the northeast corner of project site's rear property line 11 i at an elevation that does not impact or otherwise limit the height of the Applicant's proposed development. 111. PROPOSED DEVELOPMENT The Applicant proposes to expand the building's existing two-bedroom, free market residential unit to include the adjacent commercial area and an existing stairway that provides access to the second floor from the property's central courtyard. A modest, two-story addition to the rear of the building containing a one-car, enclosed garage and a common elevator and stairway assembly that will provide convenient access to all building levels is also proposed. In connection therewith, the Applicant proposes to historically designate the building consistent with the Regulations' AspenModern guidelines (see Consent to Negotiation Period, Exhibit 1, Appendix Q. The proposed expansion has been designed in compliance with the applicable requirements of the C-1 zone district, and is exempt from affordable housing mitigation requirements pursuant to Sections 26.710.150.D.12,e. and 26.470.060.3. and 4. of the Regulations. The expanded residential unit will contain approximately 2,461 square feet of net livable area. As the unit exceeds the C-1 zone district's 2,000 square foot net livable area limitation, the Applicant will provide one "Transferrable Development Right Certificate"at building permit to accommodate the unit's additional net livable area. The kitchen in the existing "Bandit" residential unit will be removed and the space incorporated in the expanded residential unit. The removal of the Bandit unit is exempt from the Regulations' multi-family replacement requirements pursuant to Section 26.470.070.5.8.d), As the following proposed site plan, floor plans and elevations illustrate, the ground level of the proposed addition will contain a new entry vestibule, and the 12 proposed elevator, stairway and garage. The building's recycling bins will be relocated behind a new fence to be installed along Hunter Street which will screen the bins and parking area from the neighboring sidewalk. The fence will also enclose the existing electric transformer. The building's existing dumpster will be relocated to a more accessible location adjacent to the alley and the proposed garage. The second floor addition is devoted primarily to common access/circula- tion elements. Approximately 111 square feet of the building's existing net leasable commercial area, however, will be relocated to the new second floor addition. The existing deck which protrudes over the courtyard at the southwest corner of the property will be retained but reduced in size. The exterior stair that provides access thereto, will be removed to enhance the courtyard's appearance and functionality. The existing stair will be replaced with a new exterior stair to be constructed in the central courtyard. The replacement stair is required to meet International Building Code requirements and will provide secondary access to the building's basement commercial space and the second floor, free market residential unit. The Applicant proposes to raise the height of a portion of the existing second floor roof approximately four feet to enhance the residential unit's livability, and to allow more abundant light to enter therein. The floor to ceiling height within the unit is presently approximately 7.5 feet measured to the bottom of its exposed ceiling beams. As the proposed roof plan illustrates, however, the raised portion of the roof has been setback from the building's perimeter walls to minimize its visibility from the adjacent streetscape. The maximum height of the expanded building will be approximately twenty-six feet, measured to the top of the new elevator/stairway assembly. As the area takeoffs on the following pages illustrate, The expanded building will contain a total floor area of approximately 6,184 square feet. The free market f 19 residential unit and the above grade commercial areas will contain approximately 2,999 and 2,815 square feet, respectively, inclusive of their pro-rata share of the building's non-unit space, The building's net leasable commercial area will total approximately 3,997 square feet. As presently envisioned, no modification to its existing fenestration is proposed, The existing building's ground floor painted concrete block and second floor stucco finishes will be retained. Building materials for the proposed addition will also consist of concrete block and stucco. More detailed information with respect to building materials and proposed finishes will be provided in the Applicant's final HPC/commercial design review application. The building's commercial net leasable area will require the provision of four off- street parking spaces (i.e., 3,997 Sq. Ft. - 1,000 = 4.0 Spaces), While no on-site parking is required for residential uses in a mixed-use building in the C-1 zone district, the proposed one-car garage will be reserved for the free market unit. As the proposed site plan illustrates, one additional space, which has been designed to meet ADA accessibility requirements, will be provided adjacent to the garage. Only one additional space can be provided given existing grade conditions and ADA access requirements. To address this issue, the Applicant requests that the HPC reduce the proposed development's commercial parking requirement to one space and that the payment-in-lieu fee for the parking reduction be waived as provided for in Section 26.415.110.D. of the Regulations. Should HPC fail to reduce the on-site parking requirement and/or waive the required payment-in-lieu thereof, the Applicant will pay the applicable fee. A payment-in-lieu of providing on-site parking is expressly permitted in the C-1 zone E district pursuant to Section 26.515.030. Pursuant to Section 26.575.030.B. of the Regulations, mixed-use developments within the C-1 zone district are required to provide public amenity space in an amount 23 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 HPC 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 1,500 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 1,040 square feet, or 17 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. The two existing courtyards will comprise the majority of the project's public amenity space, both of which abut the adjacent sidewalks. An additional area of public amenity space will be created at the rear of the site and adjacent to the Hunter Street sidewalk as a result of the relocation of the fence that presently blocks the view of this area, and the relocation of the existing dumpster/trash bins to more screened locations. The proposed public amenity areas will be open to the sky; accessible to the public; and, with the exception of the existing courtyard at the southeast corner of the property, level with the sidewalk. The existing landscaping within the courtyards will be improved and the additional Hunter Street public amenity area will be landscaped, plans for which will be submitted with the Applicant's final HPC/commercial design review application. The project site's public amenity space will increase as a result of the removal of the stair which currently abuts the existing second floor residential unit, and the relocation of the existing fence which abuts the sidewalk at the rear of the property. As 24 the proposed public amenity space plan illustrates, the removal of the stair and relocation of the fence will increase the project site's public amenity space to approximately 1,262 square feet, or 21 percent. No variance from the applicable public amenity space requirement, therefore, will be required. The Applicant's prior conceptual commercial design review application was approved subject to several conditions. Two of the conditions pertained to the building's public amenity space and the height of its third floor addition, and were to be addressed at final commercial design review. Conditions to be addressed in connection with the GMQS/subdivision application required: 1)the removal of a wall separating the recycling bins from the alley, 2) the provision of accessible sidewalks adjacent to the property, 3) compliance with the City's Urban Runoff Management Plan, and 4) lifecycle planning for the property's existing spruce trees. While the P&Z's conceptual conditions pertained to the Applicant's three-story development proposal, the three conditions that were to be addressed as part of GMQS/subdivision application are relevant to this application. As the proposed site plan illustrates, the wall which previously separated the recycling bins from the alley has been removed. With respect to the sidewalks, Sopris Engineering has designed a "bulb-out" within the Hyman Avenue/Hunter Street rights-of-way that will allow the installation of ADA compliant ramps. The proposed bulb-out, which is depicted on the site plan and addressed in detail in the attached Engineering Report, eliminates the need to regrade the existing sidewalks, and will not adversely impact the adjacent spruce trees. The impact of lowering the sidewalks on the trees was a specific concern identified by the Parks Department during conceptual commercial design review and is addressed in detail in the attached Tree Resource Evaluation prepared by Aspen Tree Service, Inc. (see Exhibit 2, Appendix Q. The Tree Resource Evaluation essentially 26 concludes that the three existing spruce trees "...are in overall poor health, and ... are not likely to be viable on the site for more than 5-10 more years with or without development impacts, " The poor condition of the trees notwithstanding, the Applicant would like to retain the trees for as long as reasonably possible. The proposed accessible sidewalk solution and the elimination of the third floor addition will eliminate the most significant adverse impact to the trees, and implementation of the recommendations contained in the Tree Resource Evaluation will hopefully contribute to their lifespan. The Applicant will provide a Tree Protection Plan at building permit submission as recommended in the evaluation. Should removal of one or more of the trees be required in the future based on the arborist's recommendation, the Applicant will apply for a tree removal permit and comply with the City's applicable mitigation requirements. The Engineering Report also addresses compliance with the City's Urban Runoff Management Plan, a detailed plan for which will be submitted with the Applicant's building permit application. The proposed development complies with all of the dimensional requirements of the C-1, Commercial, zone district. The height of the proposed rooftop addition is less than the maximum allowed, while the project's pedestrian amenity space exceeds the minimum required. The project's total cumulative floor area is also 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 be met via a combination of on-site spaces and, in the event required, a cash-in-lieu payment. The project's development data, and its compliance with the C-1 zone district's dimensional requirements, is summarized in Table 1, on the following page. 28 1 Table 1 Development Data Lots K and L, Block 99, Aspen Townsite 1, Existing Zoning C-1, Commercial 2. Existing Lot Size (Sq. Ft.)' 6,002 3. Existing Lot Area for Density/Floor Area 6,002 Purposes (Sq. Ft.) 4. Existing Development Office/Residential Floor Area (Sq. Ft.)' 5,351 Basement -- Ground Floor 2,870 Second Floor 2,481 Net Leasable Area (Sq. Ft.)' 4,548 Basement 1,653 Ground Floor 2,175 Second Floor Net Livable Area (Sq. Ft.) 1,531 Second Floor 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) 28 10. Maximum Proposed Height (Feet)' 26 11, Minimum Required Pedestrian Amenity Space 29 Percent 17 Area (Sq. Ft.) 1,040 12, Proposed Pedestrian Amenity Space Percent 21 Area (Sq. Ft.) 1,262 13, Maximum Allowable Cumulative Floor 15,005 Area @ 2.5:1 (Sq. Ft.) Commercial Uses @ 1.5:1 9,003 Free Market Residential @ 0.5:1 3,001 14. Proposed Cumulative Floor Area (Sq. Ft.) 6,184, Commercial Uses 2,815 Free Market Residential 2,999 15. Proposed Floor Area Ratio 1.03:1 16. Maximum Allowable Free Market Residential 2,000 Net Livable Area (Sq. Ft.y 17. Proposed Net Livable Area (Sq. Ft.)' 2,461 18, Proposed Net Leasable CommerciaV 3,997 Area (Sq. Ft.) 19. Minimum Required Parking Spaces 4 Commercial Uses @ 1 Space/1,000' 4 Sq. Ft. Net Leasable Area Free Market Residential No Requirement 20. Proposed Parking Commercial Uses 1 Free Market Residential 1 ' Per the Improvement Survey Plat prepared by Peak Surveying, Inc. dated August 15, 2012. 30 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 26.575.020.1. 5 Calculated pursuant to Section 26.575.020.J. 6 Measured to the top of the new elevator/stairway assembly. ' 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. $ Pursuant to Section 26.515.030, may be met via a payment-in-lieu. HPC may reduce the applicable parking requirement and waive all or part of the permitted payment-in-lieu thereof. As discussed previously, all required utilities are available in the immediate site area and are either adequate or may be easily upgraded to serve the proposed develop- ment. All utility extensions will be located underground, and appropriate easements will be dedicated to the various public utilities in the event required. IV. REVIEW REQUIREMENTS The proposed development requires City Council approval to historically designate the 602 East Hyman property, and HPC conceptual major development/commercial design review and special review approval for the proposed addition to the existing building located thereon. Two administrative GMQS approvals are also required. Each of the these review and approval requirements is addressed below. A. Historic Designation The existing building is currently included on the City's AspenModern Map. As a result, it is eligible for consideration for inclusion in the Aspen Inventory of 31 Historic Landmark Sites and Structures. The designation of AspenModern properties to the inventory is subject to compliance with Section 26.415.030.C. In order to be designated as an example of AspenModern architecture, this section of the Regulations states in part that "... an individual building, site structure or object .,. must have a demonstrated quality of significance". The specific review criteria to be used in determining "quality of significance" are as follows. At least two of the criteria 1. through 4., and criteria 5. must be met. 1 . The property is related to an event, pattern or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; 2. The property is related to people who have made a contribu- tion to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; 3. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; 4. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history,architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the City as perceived by members of the community; and 5. The property or district possesses an appropriate degree of integrity of location, setting, design, materials,workmanship and association given its age. According to the City's Historic Preservation Officer, the City's building permit records suggest that a one-story, concrete block building was constructed on the southwest corner of the site in 1950 and occupied by a furniture store. The building is 32 4 i believed to have contained approximately 1,128 square feet, was possibly own- er/contractor designed, and was most likely somewhat nondescript in its appearance. A ground floor addition is believed to have been added in approximately 1964, and a plate glass window was installed on the building's south facade. In 1966, noted local architect Eleanor "Ellie" Brickham designed a two- story addition for the western portion of the property, and her architectural "aesthetic" appears to have been carried over to the adjacent one-story portion of the building. In 1968, a second floor was added above the original structure which emulated the 1966 two-story addition. Ms. Brickham's name however does not appear on the 1968 addition's building permit. Pictures of the 1966 and 1969 additions are included in the Pre-Application Conference Summary (see Exhibit 1, Appendix A). The City's historic preservation program includes official context papers about the Post WWII architectural styles that have influenced the City, including Modernism. The AspenModern context paper describes Modernism as a style of architecture that began in the 20th century as a result of a clear philosophical shift in design, practices and attitudes. Ellie Brickham is listed therein as an "Architect of Note" who completed significant works in Aspen and is considered to have left an imprint of the philosophies of the Modernist period on the town. The following information regarding Ellie Brickham is found in the City's AspenModern context paper. "Ellie Brickham (1923-2008) moved to Aspen in 1951 after attending the University of Colorado's School of Architect from 1941-1944. Construc- tion was a family business, and her motivation to become a designer began as a child. She was attracted by the skiing, but found herself the only female architect in until Ellen Harland arrived in 1958. Early in her career, Brickham worked in Fritz Benedict's office and collaborated on projects with both Benedict and Bayer, participating in work going on at the Aspen Institute. Like Benedict, she had a strong interest in passive solar techniques. During her time in that office and, 33 later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, including houses for several Music Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 422 Bleeker Street-demolished) and the Patricia Moore Building (1963, 610 E. Hyman Avenue). In Pitkin County, she designed numerous homes in pitkin Green and Starwood, on Red mountain, including her own house (1955), with south and west walls made completely of glass. Her works, which total at least sixty in the Aspen area, are generally characterized by spare, simple forms and minimal detailing, Brickham's projects focus on an "impeccable sense of proportion and feeling of lightness" according to a 1977 Aspen Times article. " While Ellie Brickham apparently did not design the entire 602 East Hyman building, its architectural character is heavily tied to her. Again, according to the City's Historic Preservation Officer, "It is a very good representation of 1960's architecture in the downtown, and is in the heart of the collection of modernist buildings in the 500 through 700 blocks of East Hyman Avenue, including the Mason and Morse, Benton Studio, the Patricia Moore gallery, the Crandall building, and the Aspen Athletic Club". As discussed in the AspenModern context paper, Ellie Brickham was a significant practitioner of Aspen's Modernist architectural movement, having contributed numerous examples of Modernist architecture to the City's built environment. Portions of the existing 602 East Hyman building are attributable to her and its architecture is indicative of the Modernist aesthetic that contributed to Aspen's history, Her contributions were further recognized in 2001 by the HPC who presented her with a "Preservation Honor Award". In addition, the existing building represents a physical design that embodies the distinctive characteristics of the Modernist design philosophy, and possesses an appropriate degree of integrity of location, setting, design, materials, and association given its age. As presently envisioned, the majority of the building's exterior will be retained in essentially its current configuration. The Applicant's proposed changes to the 34 building are limited primarily to a modest addition adjacent to the alley which is required primarily for accessibility purposes, and an increase in a portion of the building's second floor ceiling height. 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HYMAN AVENUE,LOTS K AND L,BLOCK 99,CITY AND TOWNSITE OF ASPEN, COLORADO Resolution No.27,Series of 2013 WHEREAS, EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects, submitted an application pursuant to Aspen Municipal Code Section 26.415.025.0, AspenModern Properties, to voluntarily participate in a ninety-day negotiation period for historic preservation of 602 E. Hyman Avenue, Lots K&L, Block 99,City and Townsite of Aspen, Colorado; and WHEREAS, pursuant to Section 26.415.025.0.1, the ninety-day AspenModem negotiation commenced on January 11, 2013 and expires on April 11, 2013; and WHEREAS, due to travel delays that have affected the applicant, Council is asked to allow a 50 day extension to May 13, 2013 so that the applicant is able to attend the hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: The 602 E. Hyman Avenue landmark negotiation period established by Aspen Municipal Code Section 26.415.025.0 is hereby extended to May 31, 2013. APPROVED by the Aspen City Council at its regular meeting on March 18, 2013. Approved as to form: ames R. True, City Attorney Attest: Mayor: Kathryn K , City Clerk Michael C. Ireland, Nfayor A Reuular Meeting Aspen City Council March 18, 2013 Councilman Johnson moved to adopt the consent calendar as amended; seconded by Councilman Frisch. The consent calendar is: Resolution#25, 2013 - Burlingame Phase IIA(i) Construction Contracts Minutes - February 25, 2013 Resolution#27, 2013 —Extending Negotiating Period for 602 E. Hyman AspenModern to 5/13 Councilman Frisch brought up the cost of insurance at $383,000 in the Burlingame construction contracts and is the insurance outsourced or dealt with by staff. Chris Everson, asset management, said this is outsourced to the same finn through which the city gets its insurance coverage. The policy for the construction project is customized; this is an owner controlled policy. The city is saving about $600,000 by doing an owner-controlled policy, which covers all the activity on site including the sub-contractors. The budget was $350,000 and the contract came at $383,000, some of which will continue into 2014 as the budget also covers construction into 2014. Councilman Frisch said there are several references "is easily covered by contingency" and asked the update on the contingency. Everson reminded Council $700,000 was budgeted for contingency as there was some savings carried forward which makes the contingency over$900,000. Everson assured Council staff is paying close attention to all the contracts; there are line item by line item savings. All in favor, motion carried. ORDINANCE #11, SERIES OF 2013 — 605/675 S. Alps Road, Moses Lot Split PUD Amendment Councilman Johnson moved to read Ordinance#11, Series of 2013; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 11 (SERIES OF 2013) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A PUD-OTHER AMENDMENT AND SUBDIVISION-OTHER AMENDMENT FOR LOTS 1 AND 2 OF THE MOSES LOT SPLIT SUBDIVISION, COMMONLY DESCRIBED AS 605 AND 675 S. ALPS ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO Jennifer Phelan, community development department, told Council this is a two lot subdivision on S. Alps road. The applicant requests to amend the floor area allocation pennitted on each lot without changing the overall cap. P&Z recommends approval of the PUD. This will allow for the trail easement to meet the 20' standard. The applicant has agreed to annex that portion of their property that is outside the city boundaries. 3 Regular Meeting Aspen City Council March 18, 2013 Councilman Skadron said there is a TDR being extinguished; this property abuts undisturbed areas, what is the possible future development density. Ms. Phelan said the applicant is offering to land a TDR without increasing the overall floor area for the subdivision in order to create some extra community value. Councilman Skadron asked how lot 2 will affect the visual aesthetic of this area. Ms. Phelan said there are steep slopes above this property; this will rearrange the configuration of the lots and the allowable floor area and will lessen the development on the steep slope area. Councilman Skadron moved to adopt Ordinance #1 1, Series of 2013, on first reading; seconded by Councilman Frisch. Roll call vote; Frisch, yes; Skadron, yes; Johnson, yes; Mayor Pro Tem Torre yes. Motion carried_ ORDINANCE #8, SERIES OF 2013 —Approving Annexation of South Portion of Lot 1, Moses Lot Split Councilman Johnson moved to read Ordinance#8, Series of 2013; seconded by Councilman Frisch. All in favor, motion carried. ORDINANCE NO. 8 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO, APPROVING THE ANNEXATION OF PROPERTY COMMONLY KNOWN AS THE SOUTH PORTION OF LOT 1, MOSES LOT SPLIT TO THE CITY OF ASPEN, COLORADO Debbie Quinn, assistant city attorney, noted this annexation ordinance is in connection with the land use application just discussed and will give the city jurisdiction over the entire property. Councilman Johnson moved to adopt Ordinance#8, Series of 2013,on first reading; seconded by Councilman Skadron. Roll call vote; Skadron, yes; Johnston,yes; Frisch, yes; Mayor Pro Tem Torre,yes. Motion carried. ORDINANCE #10, SERIES OF 2013 —Aspen Modern Negotiation for Historic Designation of 602 E. Hyman Mayor Pro Teen Torre moved to continue Ordinance #10, Series of 2013, to May 13, 2013; seconded by Councilman Frisch. All in favor, motion carried. RESOLUTION #26, SERIES OF 2013 —Code Amendment- Trash, Utility, Recycle Area Jessica Garrow, community development department, told Council this is a proposal to clean up and rearrange and move the trash and recycle into the solid waste chapter, which is managed by the environmental health department. Applicants are required to provide trash and recycling 4 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PRO <5�_ Z `7j�` "T • y5 • ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: /8 ,20/3' STATE OF COLORADO ) ) ss. County of Pitkin ) I, ��A (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of-the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) /Y Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(3 0) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. �f 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'. -r aysior to the public hearing on such amendments. y✓yv r , xg ture The fo e o' g"Affidavit of Notice"was owle ed before me this day of t1 , 20 , by a M A t �P`•.NE�SO aQTq.igpoo WITNESS MY HAND AND OFFICIAL SEAL • My mission expires: too 0 IN UB IF, COti��P N tary Public My Commission Expires 09r"13 ATTACHMENTS AS APPLICABLE: • COPY OFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CER TIFICA TION OF MINERAL ESTAE 0WNERSNOTICE AS REQUIRED BY C.R.S. §24--65.5-103.3 PUBLIC NOTICE RE: 602 E. HYMAN AVENUE - ASPENMODERN NEGOTIATION FOR VOLUNTARY LANDMARK DESIGNATION NOTICE IS HEREBY GIVEN that a public hearing wilt be held on Monday, March 18, 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 EB Building Aspen, LLC,c/o Cristin D. Adam, Esq., Unity Hunt, Inc., 1601 Elm Street, Suite 4000, Dallas, TX, 75201, related to the property located at 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO, Parcel ID #2737-182-12-003. The applicant proposes voluntary landmark designation. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen, CO,(970)429.2758 or amy.guthrie @cityofaspen.com. s/Michael Ireland,Mayor Aspen City Council Published in the Aspen Times on February 28,2013 City of Aspen Account Easy Peel®Labels i ♦ l Bend along line to i� i AVEV® sleo® Use Avery®Template 5160 CD Feed Paper expose pop-up Edge*10 204 SOUTH GALENA STREET LLC 308 HUNTER LLC 4 SKIERS LP SHERMAN&HOWARD LLC 490 WILLIAMS ST 1108 NORFLEET DR 201 N MILL ST#201 DENVER, CO 80218 NASHVILLE,TN 372201412 ASPEN,CO 81611 514 AH LLC 517 EAST HOPKINS AVENUE LLC 520 EAST COOPER PTNRS LLC 514 E HYMAN AVE 517 E HOPKINS AVE 402 MIDLAND PARK ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 610 EAST HYMAN LLC 530 HOPKINS LLC 630 EAST HYMAN LLC 530112 E HOPKINS CIO CHARLES CUNNIFFE 532 E HOPKINS AVE ASPEN,CO 81611 610 E HYMAN AVE ASPEN,CO 81511 ASPEN,CO 81611 633 SPRING 11 LLC 635 E HOPKINS LLC ALPINE BANK ASPEN 418 E COOPER AVE#207 532 E HOPKINS ATTN ERIN WIENCEK ASPEN,CO 81611 ASPEN,CO 81611 PO BOX 10000 GLENWOOD SPRINGS,CO 81602 ARCADES ASSOCIATES LTD LLC ASPEN ART MUSEUM ASPEN BLOCK 99 LLC 503 E HYMAN STA A 590 N MILL ST 532 E HOPKINS AVE ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN CORE VENTURES LLC ASPEN PLAZA LLC AUSTIN LAWRENCE CONNER LLC 4'18 PO BOX 1709 E COOPER AVE#207 532 E HOPKINS AVE ASPEN,CO 81611 C/O STEVE MARCUS ASPEN,CO 81611 ASPEN,CO 81612 AVP PROPERTIES LLC BASS CAHN 601 LLC BATTLE GERALD LIVING TRUST 630 E HYMAN AVE#25 PO BOX 4060 HIXON BURT LIVING TRUST ASPEN,CO 81611 ASPEN,CO 81612 PO BOX 2847 NEWPORT BEACH,CA 92659 BAUM ROBERT E BERN FAMILY ASPEN PROPERTY LLC BG SPRING LLC PO BOX 1518 65 FIRST NECK LN 300 S SPRING ST#202 STOCKBRIDGE,MA 01262 SOUTHAMPTON,NY 11968 ASPEN,CO 81611 BIG HOPKINS LLC BISCHOFF JOHN C BOOGIES BUILDING OF ASPEN LLC 421 N BEVERLY DR#300 502 S VIA GOLONDRINA C10 LEONARD WEINGLASS BEVERLY HILLS,CA 90210 TUCSON,AZ 85716-5843 534 E COOPER AVE ASPEN,CO 81611 BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224 CHATEAU ASPEN CONDO ASSOC 10509 HUNTING CREST LN 210 S GALENA ST#21 630 E COOPER AVE VIENNA,VA 22192 ASPEN,CO 81611 ASPEN,CO 81611 ttiquettes faciles 6 peter ; Reptiez A la hachure afin de ; www.avery.com ; Utilisez le gabarit AVERY'v 5160® lens de l l ,,.Sens,d ,,. reveler le rebord Pop trq"" 1-800-GO-AVERY Easy Peel@ Labels A Bend along line to i [� ANERW 51600 Use Avery®Template 51600 , Feed Paper �� expose Pop-up EdgeTw j l�s 1 CHATEAU ASPEN UNIT 21-A LLC CICUREL CARY CITY OF ASPEN 421 ASPEN AIRPORT BUSINESS CTR 2615 N LAKEWOOD ATTN FINANCE DEPT STE G CHICAGO, IL 60614 130 S GALENA ST ASPEN,CO 816113551 ASPEN,CO 81611 CJAR LLC COOPER STREET DEVELOPMENT LLC DUNN JUDITH A REV LIV TRUST 2514 LAKE MEAD DR C/O PYRAMID PROPERTY ADVISORS 8051 LOCKLIN LN LAFAYETTE,CO 80026 418 E COOPER AVE#207 COMMERCE TOWNSHIP,MI 48382 ASPEN,CO 81611 EDGETTE JAMES J&PATRICIA ERGAS VENESSA BLAIR&CLAUDE EXELCEDAR INC 20% 19900 BEACH RD STE 801 PO BOX 4316 534 E HYMAN AVE JUPITER ISLAND,FL 33469 ASPEN,CO 81612 ASPEN,CO 81611 FERRY JAMES H III FITZGERALD FAMILY PARTNERSHIP LTD FURNGULF LTD BOX 167 C/O PITKIN COUNTY DRY GOODS LLC A COLO JOINT VENTURE GLENCOE, IL 60022-0167 520 E COOPER 616 E HYMAN AVE ASPEN,CO 81611 ASPEN,CO 81611 GELD LLC GOFEN ETHEL CARO TRUSTEE GONE WEST LLC C/O LOWELL MEYER 455 CITY FRONT PLAZA 401 W CENTER PO BOX 1247 CHICAGO, IL 60611 SEARCY,AR 721451406 ASPEN,CO 81612-1247 GOODING SEAN A 80%&RICHARD L GREENWAY COMPANY INC GROSFELD ASPEN PROP PART LLC 20% 666 TRAVIS ST#100 10880 WILSHIRE BLVD#2222 C/0 PARAGON RANCH INC SHREVEPORT, LA 71101 LOS ANGELES,CA 90024 620 E HYMAN AVE#1E ASPEN,CO 81611 HIMAN LLC HOPKINS DEV LLC HORSEFINS LLC PO BOX 6159 345 PARK AVE 33RD FLR 601 E HOPKINS AVE SWANBOURNE WA 6010 NEW YORK,NY 10154 ASPEN,CO 81611 AUSTRALIA, HUNTER PLAZA ASSOCIATES LLP JARDEN CORPORATION JENNE LLP 205 S MILL ST#301A 2381 EXECUTIVE CENTER DR 1510 WINDSOR RD ASPEN, CO 81611 BOCA RATON,FL 33431 AUSTIN,TX 77402 JOSHUA&CO REAL ESTATE HOLDINGS JOYCE EDWARD LCT LP LLC 1310 RITCHIE CT TENNESSEE LIMITED PARTNERSHIP 300 S HUNTER ST CHICAGO,IL 60610 PO BOX 101444 ASPEN,CO 81611 NASHVILLE,TN 37224-1444 LUCKYSTAR LLC MALLARD ENTERPRISES LP MARTELL BARBARA PO BOX 7755 317 SIDNEY BAKER S#400 702 E HYMAN AVE ASPEN, CO 81612 KERRVILLE,TX 78028 ASPEN,CO 81611 tiquettes faciles a peter A Repliez b la hachure afin de ; www.avery.com Utilisex le gabarit AVERYD 5160® ; ,�„e�o,„e„� r�v�ler 1e rebord Pop-upeC 1-800-GO-AVERY Easy Pee!®Labels i ♦ �� Bend along line to 1 �`} AVERY i Use AveryO Template 51600 Feed Paper �� expose Pop-up Edge"m ®s16Q 1 MATTHEWS ZACHARY MCMURRAY WILLIAM&HELEN MORRIS ROBERT P PO BOX 10582 29 MIDDLE HEAD RD 600 E HOPKINS AVE STE 304 ASPEN,CO 81612 MOSMAN NSW 2088 ASPEN,CO 81611 AUSTRALIA, MYSKO BOHDAN D NATTERER HELEN NIELSON COL STEVE&CAROL D 615 E HOPKINS 67 BAYPOINT ORES 501 S FAIRFAX ASPEN,CO 81611 OTTAWA ONTARIO ALEXANDRIA,VA 22314 CANADA K2G6R1, NONNIE LLC OBERHOLTZER JORDAN OLITSKY TAMAR&STEPHEN PO BOX 565 PO BOX 10582 PO BOX 514 ASPEN,CO 81612 ASPEN,CO 81612 GWYNEDD VALLEY,PA 19437 P&L PROPERTIES LLC PITKIN CENTER CONDO OWNERS PITKIN COUNTY BANK 80% 101 S 3RD ST#360 ASSOC 534 E HYMAN AVE GRAND JUNCTION,CO 81501 517 W NORTH ST ASPEN,CO 81611 ASPEN,CO 81611 QTIP MARITAL TRUST 1/2 REUSS GARRETT REVOLUTION PARTNERS LLC 40 E BOTH ST#PH 26A PO BOX 5000 PO BOX 1247 NEW YORK,NY 10075 SNOWMASS VILLAGE,CO 81615 ASPEN,CO 81612 ROTHBLUM PHILIP 1/2 RUST TRUST RUTLEDGE REYNIE 40 E 80TH ST#PH 26A 9401 WILSHIRE BLVD#760 51 COUNTRY CLUB CIR NEW YORK, NY 10075 BEVERLY HILLS,CA 90212 SEARCY,AR 72143 SCHNITZER KENNETH L&LISA L SHUMATE MARK SILVER DIP EQUITY VENTURE LLC 2100 MCKINNEY AVE#1760 BLDG 421 G ABC 2100 MCKINNEY STE 1760 DALLAS,TX 75201 ASPEN,CO 81611 DALLAS,TX 75201 SJA ASSOCIATES LLC STERLING TRUST COMP STEWART TITLE CO 418 E COOPER AVE#207 2091 MANDEVILLE CYN RD PO BOX 936 ASPEN,CO 81611 LOS ANGELES,CA 90049 TAYLORSVILLE,NC 28681 SUITE 300 OFFICE LLC TENNESSEE THREE TENNESSEE THREE RENTALS 567 SAN NICOLAS DR PENTHOUSE PO BOX 101444 C/O J H COBLE NEWPORT BEACH,CA 92660 NASHVILLE,TN 37224-1444 5033 OLD HICKORY BLVD NASHVILLE,TN 37218-4020 THOMPSON ROSS&LYNETTE TOMKWS FAMILY TRUST TREUER CHRISTIN L 1502 GREYSTONE DR 520 E COOPER AVE#209 981 E BRIARWOOD CIR N CARBONDALE,CO 81623 ASPEN,CO 81611 LITTLETON,CO 80122 Etiquettes faclles a peter ; A Repllez 6 la hachure afin de ; vuww.avery com Utilisez!e gabarit AVERYO 5160'M Sens de r4v6ler le rebord Pop-upuc 1-800-GO-AVERY � �F.n.r.n...o.,r Easy Peel(O Labels ♦ Bend along line to 1 IlA�1 A�/ERYp 5160® i Us r e Avery®Template 51600 Peed Pape expose Pop-up EdgeTM j L�rt' j VICTORIAN SQUARE LLC WAVO PROPERTIES LP WEIDEL LAWRENCE W 418 E COOPER AVE#207 512 112 E GRAND AVE#200 PO BOX 1007 ASPEN,CO 81611 DES MOINES,IA 50309-1942 MONROE,GA 30655 WF SWEARINGEN LLC WISE JOSEPH WM SNOWMASS LLC 380 FOREST HILL RD 1320 HODGES ST 500 FIFTH AVE#2440 MACON,GA 31210 RALEIGH,NC 27604-1414 NEW YORK,NY 10110 WOLF LAWRENCE G TRUSTEE WOODS FRANK J III WRIGHT CHRISTOPHER N 22750 WOODWARD AVE#204 51027 HWY 6&24 STE 100 13 BRAMLEY RD FERNDALE,MI 48220 GLENWOOD SPRINGS,CO 81601 LONDON W10 6SP UK, YERAMIAN CHARLES REV TRUST PO BOX 12347 ASPEN,CO 81612 Etiquettes faciles 4 peter ; A Repliez a la hachure afin de ; www.avery.com Sens de i rhAm.-+ reveler le rebord Pop-up"'� � 1-800-GO-AVERY Utillsez le gabarit AVERY"5160® ; AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060(E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: CepZ 4Y►�+'1'y M�Ves , Aspen,CO SCHEDULED PUBLIC HEARING DATE: A"-J14 1e ,20j STATE OF COLORADO ) ss. County of Pitkin ) I, `byLf'kVQ J6NW S (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E)of the Aspen Land Use Code in the following manner: Publication of'notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15)days prior to the public hearing on the 2 6 day of f"#V;-tytY , 20 lam, 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as --required in Section-263 __o f_ 04:035,- Neighborhood Outreach. A copy- outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Uvsner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty (30)days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ature The foregoing "Affidavit of Notice"was acknowledged before me this day of 2013, by v MATTHEW MOSCHET WITNESS MY HAND AND OFFICIAL SEAL NOTARY IPUBUC My commission ex ' s: o? l��A q STATE OF COLORADO MY COMMISSION EXPIRES 021&2014 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S X24-65.5-103.3 z� R ;yy .a1V` R ♦ff� v _ we �o \tiy , � r ,J x`43. � T°;" 3^' � ,•y�' i �i. * Pik �.,.yam• 4 �,3 �• 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. J Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of --, 20 & bye, RE:602 E/Hiy�A NBA SPENMODERN GOTIA ON FOR RY LANDMARK �(� WITNESS MY HAND AND OFFICIAL SEAL NOTICE iS HEREBY GIVEN that a public lic hears g ►'�'•:.�Pz/�j will be held on Mat 5:0 p.m.before the Aspen • °••`A meeting to beg Hall,130 S. m'• `� � City Council,Council Chambers,CnY application sub- p/�� My commission expires: r Galena St.,Aspen,to consider LLCPP�o Cristin D. BONNIE L. mitted by ER Buddin g Aspinc.,1601 Elm Street, Adam,Esq-,UnIs.Hunt, related to the prop- AECHnER; '1 Suite 4000,Dallas,TX,75201, Lot K&L, ' erty located at 602 E Hyman Avenue, G3 i'l r7 r-e- Cit and Townsite of Aspen,CO,Parcel Block 99, Y applicant proposes ID#2737-162-12'003. The app Notary Public voluntary landmark designation. For further infor- �!•••t,,,,yea• 1V Ul mation,contact Amy Guthrie at the City of Aspen C F COO Community Development Department,130 S. Ga- lena St.,Aspen,CO,(970)429.2758 or amy.guth- ne @cityofaspen.com. ?.Lim Fu;*o 10!3012013 sl Michael Ireland,Mayor Aspen City Council 28b20 ed[8942006 en Time Weekly on February -- 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 t AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: !00 Z 1_): :� n VA-V`'Q ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20 STATE OF COLORADO ) } ss. County of Pitkin ) I, Am,e� ► SG ��1 (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: l / v Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 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) MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: First Reading of Ordinance #_, Series of 2013, AspenModern negotiation for historic designation of 602 E. Hyman Avenue Notice of HPC approval of Conceptual Major Development, Conceptual Commercial Design Review, Parking Waiver, and Special Review for Utility/Trash/Recycling Area at 602 E. Hyman through HPC Resolution #5, Series of 2012 DATE: March 13, 2013 SUMMARY: 602 E. Hyman Avenue, at the corner of Hyman . and Hunter Streets, was constructed in at least k ` four phases, starting in 1960. The initial development was a one story, concrete block commercial/retail space. Additions/alterations , occurred in 1964, 1966 and 1968. A substantial portion of the existing structure was designed and/or remodeled by Ellie �. Brickham during the 1966 modifications. Ellie Brickham is Aspen's first known female architect, arriving in town in 1951. Ms. Brickham was a close family friend to the . owners of 602 E. Hyman in the 1960s, and also ,: �° ... _..gib .,.... ;.... designed their family home on McSkimming ` Road. Ms. Brickham designed the recently landmarked building immediately to the east, the offices of Charles Cunniffe Architects. The subject property was in the same ownership for approximately 50 years, until 2012, when it was sold. The purchaser pursued and received P&Z approval for a remodel and third floor addition. After further study of the feasibility of the project, it was decided to revise the approach, landmark designating through the AspenModern program. The applicant proposes an interior remodel, an addition at the rear of the building for a garage, staircase and elevator, and minor alterations to other facades and the roof of the building. HPC has granted Conceptual design approval, including a parking waiver and First Reading of Ordinance#_,Series of 2013 602 E. Hyman Page 1 of 7 reduction of the on-site utility/trash/recycle area. Council has the opportunity to Call-up HPC's decision at this meeting. While AspenModern permits negotiation of special preservation incentives, in this case nothing other than standard landmark benefits are requested by the applicant. HPC recommends Council support designation. APPLICANT: EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects. PARCEL ID: 2737-182-12-003. ADDRESS: 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO. ZONING: C-1, Commercial. HISToRic DESIGNATION AspenModern Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two of the criteria a-d, and criterion e described below: a. The property is related to an event, pattern, or trend that has made, a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, First Reading of Ordinance#_, Series of 2013 602 E.Hyman Page 2 of 7 o . Q architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Response: This is one of the few Ellie Brickham designed buildings that remains in Aspen. The building is part of a set of 1960s/1970s era landmarks that have been designated in the 500s to 700s blocks of East Hyman Avenue, including two buildings designed by Tom Benton, two designed by Robin Molny, and the 610 E. Hyman building by Ellie Brickham. These structures were built during the period that the Aspen Post Office existed at Hyman and Spring Streets, a circumstance that may have g contributed to a construction boom in the area. Pictures at right show the building in the late 60s and mid 70s. Some features of the building that have been changed, for instance the historic black and white color scheme, are expected to be restored by the applicant. First Reading of Ordinance# Series of 2013 602 E.Hyman Page 3 of 7 There is relatively little documentation of the subject building. Ellie Brickham's drawings have not been preserved. The best information that has been located are building permits and photos from the Assessor's archives. Ellie Brickham (1923- 2008) moved to Aspen in 1951 after attending the University of Colorado's School of Architecture from 1941-1944. Construction was a family business, and x. her motivation tov' # become a designer began as a child. According to the research paper, "Aspen's Twentieth- Century Architecture: z` ' Modernism 1945- Figure 4: Creating the scraffito wall at the Aspen Institute, from left- Ellie 1975:" Brickham, Masato Nakagawa, Herbert Bayer, and Fritz Benedict, Courtesy Ferenc Berko Photography. "Early in her career, Brickham worked in Fritz Benedict's office and collaborated on projects with both Benedict and Bayer, participating in work going on at the $ 4 Aspen Institute. Like Benedict, she had a strong interest ° k in passive solar techniques. During her time in that office LL and, later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, including houses for several Music Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 433 Bleeker Street demolished) and the Patricia Moore Building (1962, 610 E. Hyman Avenue). In Pitkin County, she designed numerous homes in Pitkin Green and Starwood, on Red yam ' Mountain, including er own house 1955 with south ' g ( )� and west walls made completely of glass. Her works, which total at least sixty in the Aspen area, are generally ! t characterized by spare, simple forms and minimal detailing. Brickham's projects focus on an "impeccable sense of proportion and feeling of lightness," Brickham reviewing plans with clients 1973. according to a 1977 Aspen Times article." ' First Reading of Ordinance#_,Series of 2013 602 E.Hyman Page 4 of 7 I HPC presented an Honor Award to Ellie Brickham in 2001, in recognition of her influence on the built environment in Aspen. Staff finds that historic designation criteria a and c are met. Relatively few of the noted postwar properties are commercial structures. It is important to carefully consider preservation opportunities for this small collection of highly visible downtown structures. The second component of designation is scoring the physical integrity of the building. Staff's score sheet is attached as Exhibit A. Staff scored the building as a "Best" example of AspenModern, with 17 out of 20 points. Staff finds that designation criterion e is met. HISTORIC PRESERVATION The Community Development Director shall confer with the Historic Preservation Commission, at a public meeting, regarding the proposed land use application or building permit and the nature of the property. The property owner shall be provided notice of this meeting. The Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, shall provide Council with an assessment of the property's conformance with the designation criteria of Section 26.415.030.0.1. When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a "good, better, or best" example of Aspen's 20th century historic resources, referencing the scoring sheets and matrix adopted by City Council. Staff Response: The existing building contains office space in the basement and main floor, and two residential units on the upper floor, one of which is a "bandit unit" that was former commercial space to which a kitchen and bathroom were added in the past without proper approvals. As part of this project, the "bandit unit" will be absorbed into the larger existing unit, eliminating the zoning violation. The applicant plans an interior remodel, an addition at the rear of the building for a garage, staircase and elevator, and alterations to other facades and the roof of the building. Overall, the project complies with all the dimensional requirements that were in place for the zone district at the time of application. (After the application was filed, code amendments adopted by Council went into effect, limiting height to 28' and prohibiting all residential development in this zone district.) The net livable area of the First Reading of Ordinance#_,Series of 2013 602 E.Hyman Page 5 of 7 second floor residential unit is larger than allowed by zoning, unless the owner purchases and lands a TDR on the site, which is their intention. As a proposed landmark, HPC has purview over design review for the property. The applicant requests no special incentives through AspenModern, beyond those available to all landmarks in Section 26.415.110 of the Municipal Code. The only benefit requested of HPC was a parking waiver/parking fee waiver. The proposed project does not trigger additional parking requirements, however the rear addition, which encloses one parking space and creates appropriate circulation/existing and accessibility for this mixed use building displaces 3 existing parking spots. The options for creating additional parking along the alley are greatly restricted by two large trees at the rear of the site. To grant variances, HPC must find that the review standards of Section 26.415.110.0 of the Municipal Code are met. They require that: 1. The parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. HPC found it appropriate to waive the 3 displaced parking spaces, thereby eliminating the need to pay a $90,000 cash-in-lieu fee. This was considered a reasonable preservation incentive, consistent with approvals that have been granted to other landmarked properties. As part of their review process, HPC also accepted an alternative design for the required on-site utility/trash/recycling area. HPC accepted a plan endorsed by the Environmental Health Department. The reduction is available for all properties and was not granted as a preservation incentive. COUNCIL CALL-UP On February 27th, the Historic Preservation Commission approved Conceptual Major Development, Conceptual Commercial Design Review, Parking Waiver, and Special Review for Utility/Trash/Recycling Area for 602 E. Hyman. Planning staff recommended continuation of the design review to restudy certain alterations to the building, however HPC approved the design with restudy to be accomplished as part of the Final review application. The board approved the project by a vote of 4-1. First Reading of Ordinance#_, Series of 2013 602 E.Hyman Page 6 of 7 The HPC approval is represented in their resolution, Exhibit A, and the drawings at Exhibit E. Call-up is not a public hearing, but notification of the HPC approval must be placed on City Council's agenda within 30 days. City Council has the option of exercising the Call Up provisions outlined in Section 26.412.040(B) within 15 days of notification on the regular agenda. If Council wishes to Call-up the design review aspects of this project, this may take place at the March 18th Second Reading regarding AspenModern designation. If City Council does not exercise the Call Up provision, the HPC Resolution shall stand, and the applicant will move forward to the Final design review hearing. STAFF RECOMMENDATION: Staff and HPC recommend Council support the proposed AspenModern landmark designation of 602 E. Hyman Avenue, finding that the designation review criteria are met. With regard to Call-up, staff recommends the HPC Conceptual approval be upheld. RECOMMENDED MOTION: "I move to approve Ordinance No._, Series of 2013 on First Reading." CITY MANAGER COMMENTS: EXHIBITS: Ordinance# , Series of 2013 Exhibit A: Integrity Score Sheet Exhibit B: Draft, HPC Resolution #5, Series of 2013 Exhibit C: Application Exhibit D: Existing conditions Exhibit E: Proposed remodel First Reading of Ordinance# Series of 2013 602 E.Hyman Page 7 of 7 ORDINANCE # (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING ASPENMODERN HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE,LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-12-003 WHEREAS, the applicant, EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects, submitted an application on January 11, 2013, pursuant to Aspen Municipal Code Section 26.415.025(C), AspenModern Properties, to voluntarily participate in a ninety-day landmark designation negotiation for the property located 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO; and WHEREAS, Municipal Code Section 26.415.025.C(1)(b) states that, during the negotiation period, "the Community Development Director shall confer with the Historic Preservation Commission, during a public meeting, regarding the proposed building permit and the nature of the property. The property owner shall be provided notice of this meeting;" and WHEREAS, the property owner and representative met with the Historic Preservation Commission on February 27, 2013; and WHEREAS, at their regular meeting on February 27, 2013, the HPC considered the designation and proposed development, and found that 602 E. Hyman Avenue is a "Best" example of the Modern style in Aspen. HPC recommended City Council approval of Historic Landmark Designation; and WHEREAS, Section 26.415.025.C(1)(d), states that, during the negotiation period, "council may negotiate directly with the property owner or may choose to direct the Community Development Director, or other City staff as necessary, to negotiate with the property owner to reach a mutually acceptable agreement for the designation of the property"; and WHEREAS, Section 26.415.025.C(1)d establishes that "as part of the mutually acceptable agreement, the City Council may, at its sole discretion, approve any land use entitlement or fee waiver permitted by the Municipal Code and may award any approval that is assigned to another Board or Commission, including variations;" and WHEREAS, the Community Development Department performed an analysis of the application for Landmark Designation and found that the review standards are met; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, Ordinance # Series of 2013 602 E. Hyman, AspenModern Negotation Page 1 of 4 WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,AS FOLLOWS: Section 1: Historic Landmark Designation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves Historic Designation for 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado, subject to the conditions described herein. Upon the effective date of this ordinance, the City Clerk shall record with the real estate records of the Clerk and Recorder of the County, a certified copy of this ordinance. The location of the historic landmark property designated by this ordinance shall be indicated on the official maps of the City that are maintained by the Community Development Department. Section 2: Aspen Modern Negotiation Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby accepts the following incentive, granted by HPC. 1. Waiver of the three parking spaces and the cash-in-lieu payment generated by the proposed remodel; and Section 3: Vested Rights The development approvals granted herein shall constitute a site-specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of§ 26.104.050, Void Permits. Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval by the Historic Preservation Commission, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to § 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Ordinance #_, Series of 2013 602 E. Hyman, AspenModern Negotation Page 2 of 4 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 610 E. Hyman Avenue,Lot M, Block 99, City and Townsite of Aspen. Nothing in this approval shall exempt the Development Order from subsequent reviews and approvals required by this Ordinance of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this Ordinance. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 4: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Historic Preservation Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: Litigation 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 6: Severability 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. The City Clerk is directed, upon the adoption of this ordinance,to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: Public Hearin A public hearing on the ordinance shall be held on the 18th day of March, 2013 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. Ordinance #_, Series of 2013 602 E. Hyman, AspenModern Negotation Page 3 of 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11th day of March, 2013. Michael C. Ireland,Mayor ATTEST: Kathryn Koch, City Clerk FINALLY,adopted,passed and approved this_day of , 2013. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney Ordinance#_, Series of 2013 602 E. Hyman, AspenModern Negotation Page 4 of 4 p�, - sluiod PIOLL ,1 AA my �i C..,.. ..ua" vw�q'- dar'.w,•^..a ,u..w�mM_ a.,.:.YM°thew ��vY{°�,. a1c�,Ji+ wqi° t,.5 .4 iS..i 'M•^'!Z„�:*r+'Pd -1�,y1' ,� ,4+� W spua Oupoos Gsluiod r g uegj ssel pauiea Aliadoid 941 11 -abed jxau age ol anus}uoo `slulod aaow ao g pauiee kpadoid age I . , •q r , � � ,. -sanIIuaoui 10 paeMe 9gj10 �� ar �Y a �� 'y,.Y` h }ham l � 1 � #_ Y '^ °�' g.•:]..��•d w .k$b �i 4 -an,.� •� lied se paalnbai aq Aew uoijeao}sail -elAIS leuoi}euialul/snegneg se Aplenb 01 aouapina leoisAgd jo olgdei6o}ogd gbnojgl a6pa jooi pue `apej6 `sgwef mopuim le Ile;ap ou pajuawnoop Apealo ao juesaid ao lewlulw gllM`q;oows aie saoeiins `pezlpiepue;s aaglia Gsainjeel 6uluijap aajoeaego pue pain;oe}nuew Alleaaua6 aae slel.ia;eVq (L 01, age;o g aneg }snug 6uipl!nq y s;oa.}a anl;eaooap ueg;Jaq;ea s;uawala -s;ueooe jo uoilpodwoo aq;o;paonpai si 6ullle;aa (g . ao;.pasn We saoloo tiewlid •sioloo lea;neu lleM welino a se saeadde 6uizel6 6ulsn `ol;ewoagoouow aae sawagoS (pL ao `AIIe;uozlaoq ao 411e01}a9n Jaq;la`eoepns ;uawuoalnue [IBM aq;ul s;ols se pa;eaa;aae sMopuym (g lein;eu aq;o;uol;oauuoo lensln a Molie;eq; 6ulze16 p sewe pue 'adeospuel ag;o;ul pua;xa s;uawala jo;uewa6ueaae leou;awwAsy (t, ;eq;s;uawala item`spjeA:pnoo;o asn aq; pazlsegdwe aae g6noaq;aan;eu o;pa;oauuoo aae s6u!pl!n8(6 said e;uozuo Mo ue Buo aae suol odoa I l q ` I p ! � d (E 'xoq aad juslod � uol;lsodwoo 'anil SI luewalels aq;o;ul auo s;oaalp;eq;anlo lein;oa;lgoae Ajo;s albuls(llensn`slowjeld Q S! XOq joaqo aaq;o ao `;uawala U99JOS paaanall;ueo a UOI;enala N`IIeM aq;ul plop a!q peg jaw lllensn sl AJ;u3 (g pue weld ul q;oq `swao}ola;awo96 aldwlS (L ales lauoejauaajul/snagneg aqj jo sainjaa j 6uluije(] jajoaaago INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. LOCATION OF ON • The building is in its original location. 2 points ` The building has been shifted on the original parcel, but maintains its origina alignment and/or proximity to the street. 1 point The property is located within the geographical area surrounded by Castle 1 point Creek, the Roaring Fork River and Aspen Mountain. The property is outside of the geographical area surround by Castle Creek, the Raoring Fork River and Aspen Mountain. 1/2 point The form of the building (footprint, roof and wall planes) are unaltered from 3 paints the original design. a.) The form of the building has been altered but less than 25% of the original walls have been removed, OR ..,).The alterations to the form all occur at the rear of the subject building, OR 2 points c.),The form of the building has been altered but the addition is less than 50%(--_____,) of the size of the original building, OR d, )-.There is a roof top addition that is less than 50% of the footprint of the roof. MATERIALS Exterior T-he original exterior materials of the building are still in place, with the 2 points 1 exception of normal maintenance and repairs. 50% of the exterior materials have been replaced, but the replacements 1 point match the original condition. doors Windows and The.original windows and doors of the building are still in place, with the poi nt5 exception of normal maintenance and repairs. 5041 of the original windows and doors have been replaced, but the 1 point "replacements match the original condition. Best: 15 • to 20 points Integrity Score (this page) maximum of 10 points: U Bette r: 12 up to 15 points Character Defining Features Score (first page) maxi- _, j i Good: ' to point mum of 10 points:. Not = ' ' ' points HISTORIC ASSESSMENT SCORE: — -- i.; A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECOMMENDING THE ASPEN CITY COUNCIL APPROVE ASPENMODERN HISTORIC LANDMARK DESIGNATION FOR THE PROPERTY LOCATED AT 602 E. HYMAN AVENUE,LOTS K AND L,BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO,AND APPROVING CONCEPTUAL MAJOR DEVELOPMENT, CONCEPTUAL COMMERCIAL DESIGN STANDARD REVIEW,PARKING WAIVER AND SPECIAL REVIEW FOR UTILITY/TRASH/RECYCLING AREA RESOLUTION #5, SERIES OF 2013 PARCEL ID: 2737-182-12-003 WHEREAS, the applicant,EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects. has requested that the property located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado be considered for voluntary historic designation through the AspenModern negotiation as described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, the applicant also requested approval for Conceptual Major Development, Conceptual Commercial Design Review, a Parking waiver, and a reduction in the required utility/trashlrecycling area; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;"and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections, The UPC 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 Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny;and WHEREAS, HPC may grant reductions to the Utility/Trash/Recycling area based on the review standards of Section 26.575.060; and 602 E.Hyman Avenue—AspenModern HPC Resolution#5,Series of 2013 WHEREAS, HPC may grant parking variances based on the review standards of Section 26.415.110.0 and Section 26.515.040; and WHEREAS, Amy Guthrie, in her staff report to HPC dated February 27, 2013, performed an analysis of the application based on the standards. The staff recommendation was that the property should be designated a landmark as it meets the criteria for designation and the integrity score qualifies as the "best" category of historic resources. Staff recommended that the design review be continued for restudy of some aspects of the proposal; and WHEREAS, at their regular meeting on February 27, 2013, the Historic Preservation Commission considered the application during a duly noticed public hearing, including the staff recommendation, and public comments, and found the project to be consistent with the review criteria, with conditions, by a vote of 4 to 1. NOW,THEREFORE,BE IT RESOLVED: That HPC hereby f nds'that the property located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado meets the designation criteria of Land Use Code Section 26.415.025 and 030. HPC hereby approves Conceptual Major Development, Conceptual Commercial Design Review, Parking Waiver and Special Review for Utility/Trash/Recycling Area with the following conditions: 1. HPC finds that 602 East Hyman Avenue meets designation criteria a, c, and e, listed in §26.415.030.C.1 2. HPC finds that 602 East Hyman Avenue is a"best"example of Modern architecture. 3. HPC hereby accepts the proposed utility/trash/recycling area, with the condition that it be designed to allow the dumpster to be turned parallel to the alley for emptying. The applicant must identify options that would also allow the dumpster and recycle bins to be attached to the fence to prevent wildlife from knocking them over 4. HPC hereby waives the on-site parking requirement and cash-in-lieu fee for three parking spaces required by the redevelopment application. 5. For Final HPC review, restudy the new deck and stairs on the south fagade of the building. 6. For Final HPC review,restudy the proposed rooftop monitors. 7. For Final HPC review, lower the proposed hot tub to the main roof deck. 8. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 602 E.Hyman Avenue—AspenModern HPC Resolution#5,Series of 2013 APPROVED BY THE COMMISSION at its regular meeting on the 27th day of February, 2013. Ann Mullins,Chair i Approved as to Form: Debbie Quinn,Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk 602 E.Hyman Avenue—AspenModern HPC Resolution#5,Series of 2013 AN APPLICATION FOR HISTORIC DESIGNATION AND CONCEPTUAL DESIGN REVIEW FOR 602 EAST HYMAN AVENUE Submitted by: EB Building Aspen, LLC c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 January 12, 2013 Prepared by: VANN ASSOCIATES, LLC Planning Consultants P.O. Box 4827 Basalt, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS PLANNER SURVEYOR Sunny Vann Jason R. Neil, L.S. 37935 Vann Associates, LLC Peak Surveying, Inc. P.O. Box 4827 P.O. Box 1746 Basalt, CO 81621 Rifle, CO 81650 (970) 925-6958 (970) 625-1954 ARCHITECT CIVIL ENGINEER Dylan Johns Yancy Nichol, P.E. Zone 4 Architects, LLC Sopris Engineering, LLC P.O. Box 2508 502 Main Street, Suite A3 Aspen, CO 81612 Carbondale, CO 81623 (970) 429-8470 (970) 704-0311 i I. INTRODUCTION The following application requests historic designation of the existing commer- cial/residential building located at 602 East Hyman Avenue pursuant to the City's AspenModern regulations (see Pre-Application Conference Summary, Exhibit 1, Appendix A, attached hereto). Historic Preservation Commission ("HPC") conceptual major development and commercial design review approval are requested to permit a modest expansion of the building's existing free market residential unit, and to construct a new stairway, elevator and enclosed garage at the rear of the building. Special review approval for the building's proposed trash/utility/recycle area, and two administrative growth management quota system ("GMQS") approvals are also requested. The application is submitted pursuant to Sections 26.415.025.C., 26.415.030.C., 26.415.070.D., 26.412.020, 26.575.060, and 26.470.060.3. and 4. of the Aspen Land Use Regulations (the "Regulations") by EB Building Aspen, LLC (hereinafter "Applicant"), the owner of the property (see Title Insurance Policy, Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, 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 4, 5, 6 and 7, respectively. Please note that conceptual commercial design review approval, and special review approval for the building's trash/utility/recycle areas, were granted to the Applicant by the Planning and Zoning Commission ("P&Z") for the construction of a third floor, residential addition to the existing building on June 19, 2012 (see Resolution No. 12, Exhibit 8, Appendix A). An application for GMQS and subdivision approval for the proposed addition was submitted to the Community Development Department 1 ("COMDEV") on October 15, 2012, As Section 26.304.030.F. of the Regulations prohibits COMDEV from accepting and reviewing more than one development application for a given property, the Applicant hereby vacates the pending GMQS/subdiv- ision application concurrent with the submission of this application (see Exhibit 9, Appendix A). 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. 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. il. PROJECT SITE The project site is legally described as Lots K and L, Block 99, City and Townsite of Aspen, and is located at the northeast corner of East Hyman Avenue and South Hunter Street. As the Improvement Survey on the following page illustrates, Lots K and L contain 6,002 square feet of "Lot Area" and are zoned C-1, Commercial. Improvements to the property consist of a two-story, concrete block building with a second floor deck and a partial basement; two landscaped courtyards fronting on Hyman 2 0 Avenue; and a paved parking area located adjacent to the alley at the rear of the property. The parking area contains six conforming spaces. A decorative metal fence encloses the southwest courtyard. A wooden fence extends from the rear of the building to the alley along the project site's western property line. An electric transformer is located adjacent to the alley at the northwest corner of the property. Two small roofs located above the building's Hyman Avenue and Hunter Street entrances encroach into the adjacent street right-of-ways. Existing vegetation consists primarily of three large spruce trees which are located within the southwest courtyard and at the rear of the building behind the wooden fence. A small aspen tree and various ornamental trees and shrubs are located in the two courtyard areas. A site plan, floor plans, elevations and photographs of the existing building are provided on the following pages. As the existing floor plans illustrate, the building's basement and ground floor are presently devoted to office use, and contain approximately 1,653 and 2,175 square feet of net leasable area, respectively. A two-bedroom, free market dwelling unit containing approximately 1,531 square feet of net livable area and approximately 720 square feet of additional net leasable commercial area, which is presently used for office purposes, are located on the building's second floor. In total, the building contains approximately 4,548 square feet of commercial net leasable area. The building's existing floor area totals approximately 5,351 square feet. Approximately 401 square feet of the second floor office area contains a kitchen- ette which was apparently added without the benefit of required approvals, and which has been used from time to time as a so-called "Bandit" residential unit (see Affidavit, Exhibit 1, Appendix B). The two-bedroom, free market residential unit has existed since the building was constructed, and has historically been occupied by both non-residents and working residents of the community. As a result, the expansion of the unit is subject 4 to the requirements of Section 26.470.070.5 of the Regulations, "Demolition or Redevelopment of Multi-Family Housing". Existing development in the immediate site area includes the Victorian Square office building, which is located on the south side of Hyman 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 Vectra Bank building, which is located at the northwest corner of Hyman and Hunter; and an existing mixed-use building located across the alley at the rear of the property. An additional mixed-use building is located adjacent to and immediately east of the project site. The character of the immediate site area can be described as a mixed-use neighborhood containing a variety of commercial, office and residential land uses. As the attached Engineering Report prepared by Sopris Engineering, LLC indicates (see Exhibit 2, Appendix B), the existing building is served by all required utilities. Domestic water is currently provided via a one inch service line that connects to a main line located in Hyman Avenue. Sanitary sewer service is provided via a four inch line that connects to an existing main located in the alley at the rear of the property. Natural gas service to the building is also provided from an existing line in the alley, the meter for which is located in the vicinity of the northernmost spruce tree and the adjacent fence. Electric service is provided from the existing transformer located at the northwest corner of the property. Telephone service is provided from an existing pedestal located adjacent to the electric transformer. Stormwater runoff from the property's impervious surfaces currently discharges to the existing landscaped areas and the alley. The project site lies within the City's "Court House View Plane No. 1", a designated Environmentally Sensitive Area. As the Improvement Survey illustrates, however, the view plane intersects the northeast corner of project site's rear property line 11 at an elevation that does not impact or otherwise limit the height of the Applicant's proposed development. III. PROPOSED DEVELOPMENT The Applicant proposes to expand the building's existing two-bedroom, free market residential unit to include the adjacent commercial area and an existing stairway that provides access to the second floor from the property's central courtyard. A modest, two-story addition to the rear of the building containing a one-car, enclosed garage and a common elevator and stairway assembly that will provide convenient access to all building levels is also proposed. In connection therewith, the Applicant proposes to historically designate the building consistent with the Regulations' AspenModern guidelines (see Consent to Negotiation Period, Exhibit 1, Appendix Q. The proposed expansion has been designed in compliance with the applicable requirements of the C-1 zone district, and is exempt from affordable housing mitigation requirements pursuant to Sections 26.710.150.D.12.e. and 26.470.060.3. and 4. of the Regulations. The expanded residential unit will contain approximately 2,461 square feet of net livable area. As the unit exceeds the C-1 zone district's 2,000 square foot net livable area limitation, the Applicant will provide one "Transferrable Development Right Certificate" at building permit to accommodate the unit's additional net livable area. The kitchen in the existing "Bandit" residential unit will be removed and the space incorporated in the expanded residential unit. The removal of the Bandit unit is exempt from the Regulations' multi-family replacement requirements pursuant to Section 26.470.070.5.8.d). As the following proposed site plan, floor plans and elevations illustrate, the ground level of the proposed addition will contain a new entry vestibule, and the 12 proposed elevator, stairway and garage. The building's recycling bins will be relocated behind a new fence to be installed along Hunter Street which will screen the bins and parking area from the neighboring sidewalk. The fence will also enclose the existing electric transformer. The building's existing dumpster will be relocated to a more accessible location adjacent to the alley and the proposed garage. The second floor addition is devoted primarily to common access/circula- tion elements. Approximately 111 square feet of the building's existing net leasable commercial area, however, will be relocated to the new second floor addition. The existing deck which protrudes over the courtyard at the southwest corner of the property will be retained but reduced in size. The exterior stair that provides access thereto, will be removed to enhance the courtyard's appearance and functionality. The existing stair will be replaced with a new exterior stair to be constructed in the central courtyard. The replacement stair is required to meet International Building Code requirements and will provide secondary access to the building's basement commercial space and the second floor, free market residential unit. The Applicant proposes to raise the height of a portion of the existing second floor roof approximately four feet to enhance the residential unit's livability, and to allow more abundant light to enter therein. The floor to ceiling height within the unit is presently approximately 7.5 feet measured to the bottom of its exposed ceiling beams. As the proposed roof plan illustrates, however, the raised portion of the roof has been setback from the building's perimeter walls to minimize its visibility from the adjacent streetscape. The maximum height of the expanded building will be approximately twenty-six feet, measured to the top of the new elevator/stairway assembly. As the area takeoffs on the following pages illustrate, The expanded building will contain a total floor area of approximately 6,184 square feet. The free market 19 residential unit and the above grade commercial areas will contain approximately 2,999 and 2,815 square feet, respectively, inclusive of their pro-rata share of the building's non-unit space. The building's net leasable commercial area will total approximately 3,997 square feet. As presently envisioned, no modification to its existing fenestration is proposed. The existing building's ground floor painted concrete block and second floor stucco finishes will be retained. Building materials for the proposed addition will also consist of concrete block and stucco. More detailed information with respect to building materials and proposed finishes will be provided in the Applicant's final HPC/commercial design review application. The building's commercial net leasable area will require the provision of four off- street parking spaces (i.e., 3,997 Sq. Ft. _ 1,000 = 4.0 Spaces). While no on-site parking is required for residential uses in a mixed-use building in the C-1 zone district, the proposed one-car garage will be reserved for the free market unit. As the proposed site plan illustrates, one additional space, which has been designed to meet ADA accessibility requirements, will be provided adjacent to the garage. Only one additional space can be provided given existing grade conditions and ADA access requirements. To address this issue, the Applicant requests that the HPC reduce the proposed development's commercial parking requirement to one space and that the payment-in-lieu fee for the parking reduction be waived as provided for in Section 26.415.110.D. of the Regulations. Should HPC fail to reduce the on-site parking requirement and/or waive the required payment-in-lieu thereof, the Applicant will pay the applicable fee. A payment-in-lieu of providing on-site parking is expressly permitted in the C-1 zone district pursuant to Section 26.515.030. Pursuant to Section 26.575.030.B. of the Regulations, mixed-use developments within the C-1 zone district are required to provide public amenity space in an amount 23 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 HPC 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 1,500 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 1,040 square feet, or 17 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. The two existing courtyards will comprise the majority of the project's public amenity space, both of which abut the adjacent sidewalks. An additional area of public amenity space will be created at the rear of the site and adjacent to the Hunter Street sidewalk as a result of the relocation of the fence that presently blocks the view of this area, and the relocation of the existing dumpster/trash bins to more screened locations. The proposed public amenity areas will be open to the sky; accessible to the public; and, with the exception of the existing courtyard at the southeast corner of the property, level with the sidewalk. The existing landscaping within the courtyards will be improved and the additional Hunter Street public amenity area will be landscaped, plans for which will be submitted with the Applicant's final HPC/commercial design review application. The project site's public amenity space will increase as a result of the removal of the stair which currently abuts the existing second floor residential unit, and the relocation of the existing fence which abuts the sidewalk at the rear of the property. As 24 the proposed public amenity space plan illustrates, the removal of the stair and relocation of the fence will increase the project site's public amenity space to approximately 1,262 square feet, or 21 percent. No variance from the applicable public amenity space requirement, therefore, will be required. The Applicant's prior conceptual commercial design review application was approved subject to several conditions. Two of the conditions pertained to the building's public amenity space and the height of its third floor addition, and were to be addressed at final commercial design review. Conditions to be addressed in connection with the GMQS/subdivision application required: 1) the removal of a wall separating the recycling bins from the alley, 2) the provision of accessible sidewalks adjacent to the property, 3) compliance with the City's Urban Runoff Management Plan, and 4) lifecycle planning for the property's existing spruce trees. While the P&Z's conceptual conditions pertained to the Applicant's three-story development proposal, the three conditions that were to be addressed as part of GMQS/subdivision application are relevant to this application. As the proposed site plan illustrates, the wall which previously separated the recycling bins from the alley has been removed. With respect to the sidewalks, Sopris Engineering has designed a "bulb-out" within the Hyman Avenue/Hunter Street rights-of-way that will allow the installation of ADA compliant ramps. The proposed bulb-out, which is depicted on the site plan and addressed in detail in the attached Engineering Report, eliminates the need to regrade the existing sidewalks, and will not adversely impact the adjacent spruce trees. The impact of lowering the sidewalks on the trees was a specific concern identified by the Parks Department during conceptual commercial design review and is addressed in detail in the attached Tree Resource Evaluation prepared by Aspen Tree Service, Inc. (see Exhibit 2, Appendix Q. The Tree Resource Evaluation essentially 26 concludes that the three existing spruce trees "...are in overall poor health, and ... are not likely to be viable on the site for more than 5-10 more years with or without development impacts. " The poor condition of the trees notwithstanding, the Applicant would like to retain the trees for as long as reasonably possible. The proposed accessible sidewalk solution and the elimination of the third floor addition will eliminate the most significant adverse impact to the trees, and implementation of the recommendations contained in the Tree Resource Evaluation will hopefully contribute to their lifespan. The Applicant will provide a Tree Protection Plan at building permit submission as recommended in the evaluation. Should removal of one or more of the trees be required in the future based on the arborist's recommendation, the Applicant will apply for a tree removal permit and comply with the City's applicable mitigation requirements. The Engineering Report also addresses compliance with the City's Urban Runoff Management Plan, a detailed plan for which will be submitted with the Applicant's building permit application. The proposed development complies with all of the dimensional requirements of the C-1, Commercial, zone district. The height of the proposed rooftop addition is less than the maximum allowed, while the project's pedestrian amenity space exceeds the minimum required. The project's total cumulative floor area is also 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 be met via a combination of on-site spaces and, in the event required, a cash-in-lieu payment. The project's development data, and its compliance with the C-1 zone district's dimensional requirements, is summarized in Table 1, on the following page. 28 Table 1 Development Data Lots K and L, Block 99, Aspen Townsite 1. Existing Zoning C-1, Commercial 2. Existing Lot Size (Sq. Ft.)' 6,002 3. Existing Lot Area for Density/Floor Area 6,002 Purposes (Sq. FLY 4. Existing Development Office/Residential Floor Area (Sq. Ft.)' 5,351 Basement -- Ground Floor 2,870 Second Floor 2,481 Net Leasable Area (Sq. Ft.) 4,548 Basement 1,653 Ground Floor 2,175 Second Floor Net Livable Area (Sq. Ft.)5 1,531 Second Floor 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) 28 10. Maximum Proposed Height (Feet)' 26 11. Minimum Required Pedestrian Amenity Space 29 Percent 17 Area (Sq. Ft.) 1,040 12. Proposed Pedestrian Amenity Space Percent 21 Area (Sq. Ft.) 1,262 13. Maximum Allowable Cumulative Floor 15,005 Area @ 2.5:1 (Sq. Ft.) Commercial Uses @ 1.5:1 9,003 Free Market Residential @ 0.5:1 3,001 14. Proposed Cumulative Floor Area (Sq. Ft.) 6,184 Commercial Uses 2,815 Free Market Residential 2,999 15. Proposed Floor Area Ratio 1.03:1 16. Maximum Allowable Free Market Residential 2,000 Net Livable Area (Sq. Ft.)' 17. Proposed Net Livable Area (Sq. Ft.) 2,461 18. Proposed Net Leasable Commercial4 3,997 Area (Sq. Ft.) 19. Minimum Required Parking Spaces 4 Commercial Uses @ 1 Space/1,0008 4 Sq. Ft. Net Leasable Area Free Market Residential No Requirement 20. Proposed Parking Commercial Uses 1 Free Market Residential 1 ' Per the Improvement Survey Plat prepared by Peak Surveying, Inc. dated August 15, 2012. 30 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. 6 Measured to the top of the new elevator/stairway assembly. 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. 8 Pursuant to Section 26.515.030, may be met via a payment-in-lieu. HPC may reduce the applicable parking requirement and waive all or part of the permitted payment-in-lieu thereof. As discussed previously, all required utilities are available in the immediate site area and are either adequate or may be easily upgraded to serve the proposed develop- ment. All utility extensions will be located underground, and appropriate easements will be dedicated to the various public utilities in the event required. IV. REVIEW REQUIREMENTS The proposed development requires City Council approval to historically designate the 602 East Hyman property, and HPC conceptual major development/commercial design review and special review approval for the proposed addition to the existing building located thereon. Two administrative GMQS approvals are also required. Each of the these review and approval requirements is addressed below. A. Historic Designation The existing building is currently included on the City's AspenModern Map. As a result, it is eligible for consideration for inclusion in the Aspen Inventory of 31 Historic Landmark Sites and Structures. The designation of AspenModern properties to the inventory is subject to compliance with Section 26.415.030.C. In order to be designated as an example of AspenModern architecture, this section of the Regulations states in part that "... an individual building, site structure or object ... must have a demonstrated quality of significance". The specific review criteria to be used in determining "quality of significance" are as follows. At least two of the criteria 1. through 4., and criteria 5. must be met. 1. The property is related to an event, pattern or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; 2. The property is related to people who have made a contribu- tion to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; 3. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; 4. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the City as perceived by members of the community; and 5. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association given its age. According to the City's Historic Preservation Officer, the City's building permit records suggest that a one-story, concrete block building was constructed on the southwest corner of the site in 1950 and occupied by a furniture store. The building is 32 believed to have contained approximately 1,128 square feet, was possibly own- er/contractor designed, and was most likely somewhat nondescript in its appearance. A ground floor addition is believed to have been added in approximately 1964, and a plate glass window was installed on the building's south facade. In 1966, noted local architect Eleanor "Ellie" Brickham designed a two- story addition for the western portion of the property, and her architectural "aesthetic" appears to have been carried over to the adjacent one-story portion of the building. In 1968, a second floor was added above the original structure which emulated the 1966 two-story addition. Ms. Brickham's name however does not appear on the 1968 addition's building permit. Pictures of the 1966 and 1969 additions are included in the Pre-Application Conference Summary (see Exhibit 1, Appendix A). The City's historic preservation program includes official context papers about the Post WWII architectural styles that have influenced the City, including Modernism. The AspenModern context paper describes Modernism as a style of architecture that began in the 20th century as a result of a clear philosophical shift in design, practices and attitudes. Ellie Brickham is listed therein as an "Architect of Note" who completed significant works in Aspen and is considered to have left an imprint of the philosophies of the Modernist period on the town. The following information regarding Ellie Brickham is found in the City's AspenModern context paper. "Ellie Brickham (1923-2008) moved to Aspen in 1951 after attending the University of Colorado's School of Architect from 1941-1944. Construc- tion was a family business, and her motivation to become a designer began as a child. She was attracted by the skiing, but found herself the only female architect in until Ellen Harland arrived in 1958. Early in her career, Brickham worked in Fritz Benedict's office and collaborated on projects with both Benedict and Bayer, participating in work going on at the Aspen Institute. Like Benedict, she had a strong interest in passive solar techniques. During her time in that office and, 33 later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, including houses for several Music Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 422 Bleeker Street-demolished) and the Patricia Moore Building (1963, 610 E. Hyman Avenue). In Pitkin County, she designed numerous homes in pitkin Green and Starwood, on Red mountain, including her own house (1955), with south and west walls made completely of glass. Her works, which total at least sixty in the Aspen area, are generally characterized by spare, simple forms and minimal detailing, Brickham's projects focus on an "impeccable sense of proportion and feeling of lightness" according to a 1977 Aspen Times article. " While Ellie Brickham apparently did not design the entire 602 East Hyman building, its architectural character is heavily tied to her. Again, according to the City's Historic Preservation Officer, "It is a very good representation of 1960's architecture in the downtown, and is in the heart of the collection of modernist buildings in the 500 through 700 blocks of East Hyman Avenue, including the Mason and Morse, Benton Studio, the Patricia Moore gallery, the Crandall building, and the Aspen Athletic Club". As discussed in the AspenModern context paper, Ellie Brickham was a significant practitioner of Aspen's Modernist architectural movement, having contributed numerous examples of Modernist architecture to the City's built environment. Portions of the existing 602 East Hyman building are attributable to her and its architecture is indicative of the Modernist aesthetic that contributed to Aspen's history. Her contributions were further recognized in 2001 by the HPC who presented her with a "Preservation Honor Award". In addition, the existing building represents a physical design that embodies the distinctive characteristics of the Modernist design philosophy, and possesses an appropriate degree of integrity of location, setting, design, materials, and association given its age. As presently envisioned, the majority of the building's exterior will be retained in essentially its current configuration. The Applicant's proposed changes to the 34 building are limited primarily to a modest addition adjacent to the alley which is required primarily for accessibility purposes, and an increase in a portion of the building's second floor ceiling height. Based on the above, we believe that the proposed historic designation complies with review criteria 1., 3. and 5. IMPROVEMENT & TOPOGRAPHIC SURVEY LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO MR, 1 mg X ms`s -�. 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HYMAN AVENUE,LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN, COLORADO, AND APPROVING CONCEPTUAL MAJOR DEVELOPMENT, CONCEPTUAL COMMERCIAL DESIGN STANDARD REVIEW, PARKING WAIVER AND SPECIAL REVIEW FOR UTILITY/TRASH/RECYCLING AREA RESOLUTION #5, SERIES OF 2013 PARCEL ID: 2737-182-12-003 WHEREAS, the applicant, EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects. has requested that the property located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado be considered for voluntary historic designation through the AspenModern negotiation as described at Section 26.415.025 and Section 26.415.030 of the Municipal Code; and WHEREAS, the applicant also requested approval for Conceptual Major Development, Conceptual Commercial Design Review, a Parking waiver, and a reduction in the required utility/trash/recycling area; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Conceptual Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for Conceptual Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the Commercial, Lodging, and Historic District Objectives and Guidelines per Section 26.412.040 of the Municipal Code, The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, HPC may grant reductions to the Utility/Trash/Recycling area based on the review standards of Section 26.575.060; and RECEPTION#: 597708, 03/14/2013 at 10:36:37 AM, 1 :3 3, R $21.00 Doc Code RESOLUTION 602 E. Hyman Avenue—AspenModern Janice K. Vos Caudill, Pitkin County, CO HPC Resolution#5,Series of 2013 WHEREAS, HPC may grant parking variances based on the review standards of Section 26.415.110.0 and Section 26.515.040; and WHEREAS, Amy Guthrie, in her staff report to HPC dated February 27, 2013, performed an analysis of the application based on the standards. The staff recommendation was that the property should be designated a landmark as it meets the criteria for designation and the integrity score qualifies as the "best" category of historic resources. Staff recommended that the design review be continued for restudy of some aspects of the proposal; and WHEREAS, at their regular meeting on February 27, 2013, the Historic Preservation Commission considered the application during a duly noticed public hearing, including the staff recommendation, and public comments, and found the project to be consistent with the review criteria, with conditions, by a vote of 4 to 1. NOW,THEREFORE, BE IT RESOLVED: That HPC hereby finds that the property located at 602 E. Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, Colorado meets the designation criteria of Land Use Code Section 26.415.025 and 030. HPC hereby approves Conceptual Major Development, Conceptual Commercial Design Review, Parking Waiver and Special Review for Utility/Trash/Recycling Area with the following conditions: 1. HPC finds that 602 East Hyman Avenue meets designation criteria a, c, and e, listed in §26.415.030.0.1 2. HPC finds that 602 East Hyman Avenue is a"best"example of Modern architecture. 3. HPC hereby accepts the proposed utility/trash/recycling area, with the condition that it be designed to allow the dumpster to be turned parallel to the alley for emptying. The applicant must identify options that would also allow the dumpster and recycle bins to be attached to the fence to prevent wildlife from knocking them over 4. HPC hereby waives the on-site parking requirement and cash-in-lieu fee for three parking spaces required by the redevelopment application. 5. For Final HPC review, restudy the new deck and stairs on the south fagade of the building. 6. For Final HPC review, restudy the proposed rooftop monitors. 7. For Final HPC review, lower the proposed hot tub to the main roof deck. 8. A development application for a Final Development Plan shall be submitted within one (1) year of the date of approval of a Conceptual Development Plan. Failure to file such an application within this time period shall render null and void the approval of the Conceptual Development Plan. The Historic Preservation Commission may, at its sole discretion and for good cause shown, grant a one-time extension of the expiration date for a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. 602 F. Hyman Avenue—AspenModern HPC Resolution#5, Series of 2013 APPROVED BY THE COMMISSION at its regular meeting on the 27th day of February, 2013. A Ann Mullins, Chair Approved as to Form: Deb ie Quinn, Assistant City Attorney ATTEST: Kathy Strlckland, Chief Deputy Clerk 602 E. Hyman Avenue—AspenModern HPC Resolution#5, Series of 2013 MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Guthrie,Historic Preservation Officer RE: 602 E. Hyman Avenue— AspenModern Negotiation for Voluntary Landmark Designation, Conceptual Major Development and Conceptual Commercial Design Review, Parking Waiver, Special Review for Utility/Trash/Recycling Area DATE: SUMMARY: 602 E. Hyman Avenue, at the corner of Hyman Syr • and Hunter Streets, was constructed in at least a� four P hases startin g in 1960. The initial use was a one story, concrete block , commercial/retail space. Additions/alterations occurred in 1964, 1966 and 1968. L. ' A substantial portion of the existing structure was designed and/or remodeled by Ellie Brickham during the 1966 modifications. Ellie Brickham is Aspen's first known female architect, arriving in town in 1951. Ms. Brickham was a close family friend to the owners of 602 E. Hyman in the 1960s, and also _ designed their family home on McSkimming Road. Ms. Brickham designed the recently landmarked building immediately to the east, the offices of Charles Cunniffe Architects. The subject property was in the same ownership for approximately 50 years, until 2012, when it was sold. The purchaser pursued and received P&Z approval for a remodel and third floor addition. After further study of the feasibility of the project, it was decided to revise the approach, landmark designating and preserving the existing structure with a small addition along the alley. The proposal falls under HPC purview through the AspenModern program. The applicant proposes an interior remodel, an addition at the rear of the building for a garage, staircase and elevator, and alterations to other facades and the roof of the building. HPC is asked to conduct design review, and to consider a waiver of on-site parking and associated cash-in-lieu fees, along with a reduction of the on-site utility/trash/recycle area. HPC is also asked to make a recommendation to Council regarding the historic significance of 610 E. Hyman. HPC Review 02.27.13 602 E.Hyman Page 1 of 13 • While AspenModern permits negotiation of special preservation incentives, in this case, nothing other than standard landmark benefits are requested by the applicant. APPLICANT: EB Building Aspen, LLC, represented by Vann Associates and Zone 4 Architects. PARCEL ID: 2737-182-12-003. ADDRESS: 602 E Hyman Avenue, Lot K&L, Block 99, City and Townsite of Aspen, CO. ZONING: C-1, Commercial. 1 AspenModern Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures as an example of AspenModern, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The quality of significance of properties shall be evaluated according to criteria described below. When designating a historic district, the majority of the contributing resources in the district must meet at least two of the criteria a-d, and criterion a described below: a. The property is related to an event, pattern, or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; b. The property is related to people who have made a contribution to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; c. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; d. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the city as perceived by members of the community, and HPC Review 02.27.13 602 E.Hyman Page 2 of 13 e. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association, given its age. The City Council shall adopt and make available to the public score sheets and other devices which shall be used by the Council and Historic Preservation Commission to apply this criterion. Staff Response: This is one of the few Ellie Brickham designed buildings that remains in Aspen. The building is part of a set of 1960s/1970s era landmarks that have been designated in the 500s to 700s blocks of East Hyman Avenue, including two buildings designed by Tom Benton, two designed by Robin Molny, and the 610 E. Hyman building by Ellie Brickham. These structures were built during the period that the Aspen Post Office existed at Hyman and Spring Streets, a circumstance that may have contributed to a construction boom in the area. The attached application describes some of the history of this building, starting on page 32. There is relatively little documentation. Ellie Brickham's drawings have not been preserved. The best information that has been located are building permits and photos from the Assessor's archives, inserted throughout this memo. Ellie Brickham (1923- 2008) moved to Aspen in 1951 after attending the University of Colorado's School of Architecture from 1941-1944. r Construction was a family business, and , her motivation to become a designer began as a child. According to the research paper, "Aspen's Twentieth- Century Architecture: Modernism 1945- Figure 4: Creating the scraffito wall at the Aspen Institute,from left- Ellie M odor Brickham, Masato Nakagawa, Herbert Bayer, and Fritz Benedict, Courtesy Ferenc Berko Photography. "Early in her career, Brickham worked in Fritz Benedict's office and collaborated on projects with both Benedict and Bayer, participating in work going on at the Aspen Institute. Like Benedict, she had a strong interest in passive solar techniques. During her time in that office and, later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, HPC Review 02.27.13 602 E.Hyman Page 3 of 13 including houses for several Music Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 433 Bleeker Street-demolished) and the Patricia Moore Building (1962, 610 E. Hyman Avenue). In Pitkin County, she designed numerous homes in Pitkin Green and Starwood, on Red Mountain, including her own house (1955), with south and west walls made completely of glass. Her works, which total at least sixty in the Aspen area, are generally characterized by spare, simple forms and minimal detailing. Brickham's projects focus on an "impeccable sense of proportion and feeling of lightness," according to a 1977 Aspen Times article." HPC presented an Honor Award to Ellie Brickham � � in 2001, in recognition of her influence on the built ' " environment in Aspen. a � Staff finds that historic designation criteria a and c are met. Relatively few of the noted postwar properties are commercial structures. It is important to carefully consider preservation . opportunities for this small collection of highly 4" visible downtown structures. The second component of designation is scoring the physical integrity of the building. Staff's score sheet is attached as Exhibit B. z��w Staff scored the building as a"Better/Best" example ' of AspenModern, with 17 out of 20 points. A fewer 3 elements of this building have been altered through recent remodels. Opportunities for restoration are recommended below. Staff finds that designation criterion e is met. Brickham, reviewing plans with clients, 1973. HISTORIC PRESERVATION BENEFITS The Community Development Director shall confer with the Historic Preservation Commission, at a public meeting, regarding the proposed land use application or building permit and the nature of the property. The property owner shall be provided notice of this meeting. The Historic Preservation Commission, using context papers and integrity scoring sheets for the property under consideration, shall provide Council with an HPC Review 02.27.13 602 E.Hyman Page 4 of 13 assessment of the property's conformance with the designation criteria of Section 26.415.030.C.1. When any benefits that are not included in Section 26.415.110 are requested by the property owner, HPC shall also evaluate how the designation, and any development that is concurrently proposed, meets the policy objectives for the historic preservation program, as stated at Section 26.415.010, Purpose and Intent. As an additional measure of the appropriateness of designation and benefits, HPC shall determine whether the subject property is a "good, better, or best" example of Aspen's 201h century historic resources, referencing the scoring sheets and matrix adopted by City Council. Staff Response: The applicant requests no special incentives through AspenModern, beyond those available to all landmarks in Section 26.415.110 of the Municipal Code. No negotiation is required. The only benefit requested of HPC is a parking waiver/parking fee waiver. The expansion of the free market residential unit does not trigger additional parking requirements. The proposed project reduces the amount of net leasable commercial space on the site, but 3 of the 4 necessary on-site spaces are displaced by the new addition along the alley. To grant variances, HPC must find that the review standards of Section 26.415.110.0 of the Municipal Code are met. They require that: 1. The parking reduction and waiver of payment-in-lieu fees may be approved upon a finding by the HPC that it will enhance or mitigate an adverse impact on the historic significance or architectural character of a designated historic property, an adjoining designated property or a historic district. Staff Response: The applicant has the right to provide a cash-in-lieu payment of $30,000 per space instead of providing on-site parking. HPC is asked to waiver the requirement for the three spaces, thereby waiving the requirement to pay a fee. When paid, the cash in lieu fee is used for parking and transportation related construction or improvements. In other recent AspenModern projects, Council has required the cash payment, however this is the only financial incentive requested by this project. Staff recommends HPC consider the waiver to assist with preservation costs. CONCEFIVAL R DEVELOPMENT AND CONIMERCIAt, DESIGN The procedure for a Major Development Review, at the Conceptual level, is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections HPC Review 02.27.13 602 E.Hyman Page 5 of 13 This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or deny. Major Development is a two-step process requiring approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan. Approval of a Conceptual Development Plan shall be binding upon HPC in regards to the location and form of the envelope of the structure(s) and/or addition(s) as depicted in the Conceptual Plan application including its height, scale, massing and proportions. No changes will be made to this aspect of the proposed development by the HPC as part of their review of the Final Development Plan unless agreed to by the applicant. Staff Response: Conceptual review focuses on the height, scale, massing and proportions of a proposal. A list of the relevant HPC design guidelines is attached as "Exhibit A." The City has an adopted set of guidelines, "Commercial, Lodging and Historic District Design Objectives" which are in addition to the HPC design guidelines. Development on this site is affected by the chapter that addresses what is known as the "Commercial Character Area." All of the Conceptual level guidelines address setback and height issues that are not generally applicable to a remodel, as opposed to all new construction. Staff finds that no additional review is needed at this time. The existing building contains office space in the basement and main floor, and two residential units on the upper floor, one of which is a "bandit unit" that was former commercial space to which a kitchen and bathroom were added in the past without proper approvals. As part of this project, the "bandit unit" will be absorbed into the larger existing unit, eliminating the zoning violation. The current proposal is an interior remodel (not within HPC's purview), an addition at the rear of the building for a garage, staircase and elevator, and alterations to other facades and the roof of the building. Overall, the project complies with all the dimensional requirements that were in place for the zone district at the time of application. (After the application was filed, code amendments adopted by Council went into effect, limiting height to 28' and prohibiting all residential development in this zone district.) The net livable area of the second floor residential unit is larger than allowed by zoning, unless the owner purchases and lands a TDR on the site, which is their intention. The property is presently slightly under the required on-site public amenity space, but the amount of public amenity will be increased through some reconfiguration of courtyards along the perimeter of the site. The Parks Department and Engineering Departments HPC Review 02.27.13 602 E.Hyman Page 6 of 13 i 0 have been working with the applicant at length to review the status of three large conifer tress on the site, which are already in declining health, and to design a new sidewalk along the property that includes corner ramps to address the substantial grade change between Hyman/Hunter and the subject property. There are at least three opportunities to complete restoration work on the building, which should be discussed as part of this review. First, a roof overhang near the existing deck on the southwest does not appear to be original and should ideally ' be removed if non-historic. A very important characteristic of the building which has been lost is the original black and white color scheme, with black used to accentuate doors, windows, columns and trim. While HPC does not typically review color, this is an important aspect of the Modernist character of the building. 4 � 7S Top left, 1975. Top right, 2007. Bottom right, 1967-prior to second floor addition at front of building. UPC Review 02.27.13 602 E.Hyman Page 7 of 13 0 0 A third, more minor area to possibly address is the relocation of existing meters off of the original structure and onto a more obscure location on the new construction. With regard to changes proposed to the existing building, staff has concerns with a few proposed elements. Obviously with the proposal to landmark the structure, alterations that eliminate or change original features should be avoided. The building currently has a second floor deck on the southwest corner of the site. Staff does not know the construction date of the deck. A staircase to the ground was added recently. The proposal is to reduce the deck slightly, remove the stair, and build a new stair and deck on the southeast fagade. Staff does not support the addition of a new deck on a primary elevation of the building. This was not part of the Brickham design and should be avoided as it affects the vertical proportion of that fagade and affects the relationship between the subject building and 610 E. Hyman, to the east. A proposed staircase to the basement level in this area is not objectionable. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. • A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. • An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. ❑ An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. ❑ An addition that covers historically significant features is inappropriate. Because of low ceiling heights on the upper floor (7'8"), roof pop ups with clerestory windows on the sides are proposed. These "monitors" are over 4' tall. Although the proposal is below the height limit, the height of these features may be excessive and will be visible from many locations. The applicant should restudy the monitors. Lower profile skylights should also be discussed. A hot tub is proposed on top of one of the monitors, which staff finds to be inappropriate. A hot tub may be located on the surface of the main roof, in a screened location. 7.3 Minimize the visual impacts of skylights and other rooftop devices. • Flat skylights that are flush with the roof plane may be considered only in an obscure location on a historic structure. Locating a skylight or a solar panel on a front roof plane is not allowed. • A skylight or solar panel should not interrupt the plane of a historic roof. It should be positioned below the ridgeline. HPC Review 02.27.13 602 E.Hyman Page 8 of 13 Finally, staff is concerned with the fact that the proposed rear addition entirely destroys a fagade of the Brickham designed addition. Existing Brickham alley facade .................. 0 IL ......... Proposed alley faVade, removing Brickham design --- -=-----==---- - - --- -- - ------ - --- ;--_-----__=-—-—----- -—-—-—-—-—-—-—-— -—- ---------- ---- 14 -— -—-—-—- -—- MI T HPC Review 02.27.13 602 E.Hyman Page 9 of 13 This is a difficult issue because the proposed addition is placed in the appropriate location, at the back of the structure, and the rear fagade is typically consider secondary, or less "sacred"than the street facing facades. That said, the landmark designation is tied to Ellie Brickham's work, and the addition removes a fagade that represents her work. At the 610 E. Hyman project, which had some similar issues, a courtyard between the back of the original building and the start of the new construction preserves some of the original fagade. Staff recommends restudy that in some manner moves the addition more entirely towards the northwest or north east corner, creates a more minimal attachment between the new and old construction, or otherwise protects or exposes views to more of the Brickham alley fagade. The guideline in question is: 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. ❑ For example, loss or alteration of architectural details, cornices and eavelines should be avoided. UTILITY, DELIVERY AND TRASH SERVICE PROVISION Section 26.575.060 of the Municipal Code requires this property to have an area parallel to the alley dedicated to the service needs of the building. This area is to be 20 feet long and 10 feet deep. The area cannot also be used as a parking space. The current trash storage system is somewhat informal. Expanding the building demands that the standard be properly addressed. The applicant proposes a different configuration than exactly required by the standard. In order to vary the dimensions, the HPC must find that the following standards are met: 1. There is a demonstration that, given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. 2. Access to the utility/trash/recycle service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. HPC Review 02.27.13 602 E.Hyman Page 10 of 13 Staff Response: After receiving feedback from the Environmental Health Department regarding the proposed Utility/Trash/Recycling shown in the original proposal (HPC's bound application), a revision was provided in the 11"x 17" supplemental drawings. The enclosure is smaller than technically required (approximately half the code requirement), however, the Environmental Health Department finds that adequate trash and recycling bins are accommodated. Environmental Health requires that there be enough space to turn the dumpster parallel to the alley to empty it and they have requested that the applicant look into options that would allow the dumpster and recycle bins to be attached to the fence to prevent wildlife from knocking them over. These will be conditions of approval. STAFF RECOMMENDATION: Staff is supportive of the proposal for voluntary landmark designation. The 602 E. Hyman building represents Ellie Brickham as an architect and is indicative of post-war commercial development in Aspen in the 1970s. Staff recommends continuation of this proposal in order to restudy restoration opportunities described in this memo, the new deck on the south fagade of the building, the proposed rooftop monitors, and the further preservation of the existing north fagade of the building. An AspenModern negotiation period between the applicant and the City is limited to a 90 day duration. Council can grant extensions and will likely have to as a result of the proposed continuation. The applicant is welcome to submit revisions in response to the staff comments by noon on Tuesday, February 26t". Staff will provide the revisions, and a staff recommendation to HPC that day. EXHIBITS: Exhibit A: Design Guidelines Exhibit B: Integrity Score Sheet Exhibit C: Referral comments from City Departments Exhibit D: Application "Exhibit A: Relevant HPC Design Guidelines for 602 E. Hyman , Conceptual Review" 7.1 Preserve the original form of a roof. ❑ Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the roof as seen from the street. ❑ Retain and repair roof detailing. 7.3 Minimize the visual impacts of skylights and other rooftop devices. ❑ Flat skylights that are flush with the roof plane may be considered only in an obscure location on a historic structure. Locating a skylight or a solar panel on a front roof plane is not allowed. HPC Review 02.27.13 602 E.Hyman Page 11 of 13 ❑ A skylight or solar panel should not interrupt the plane of a historic roof. It should be positioned below the ridgeline. 7.6 When planning a rooftop addition, preserve the overall appearance of the original roof. ❑ An addition should not interrupt the original ridgeline. See also: Chapter 10, Guidelines for Building Additions 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. ❑ A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. ❑ An addition that seeks to imply an earlier period than that of the primary building also is inappropriate. ❑ An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. ❑ An addition that covers historically significant features is inappropriate. 10.4 Design a new addition to be recognized as a product of its own time. ❑ An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. ❑ A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. 10.6 Design an addition to be compatible in size and scale with the main building. ❑ An addition that is lower than or similar to the height of the primary building is preferred. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the historic building. ❑ A 1-story connector is preferred. ❑ The connector should be a minimum of 10 feet long between the addition and the primary building. ❑ The connector also should be proportional to the primary building. 10.8 Place an addition at the rear of a building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. ❑ Locating an addition at the front of a structure is inappropriate. ❑ Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. HPC Review 02.27.13 602 E.Hyman Page 12 of 13 ❑ Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. 10.9 Roof forms should be similar to those of the historic building. ❑ Typically, gable, hip and shed roofs are appropriate. ❑ Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. ❑ For example, loss or alteration of architectural details, cornices and eavelines should be avoided. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. ❑ The new materials should be either similar or subordinate to the original materials. HPC Review 02.27.13 602 E.Hyman Page 13 of 13 l INTEGRITY SCORING If a statement is true, circle the number of points associated with that true statement. LOCATION OF ON • The building is in its original location. 2 points` The building has been shifted on the original parcel, but maintains its original 1 nt alignment and/or proximity to the street. poi The property is located within the geographical area surrounded by Castle 1 point Creek, the Roaring Fork River and Aspen Mountain. !�J The property is outside of the geographical area surround by Castle Creek, the 1/2 point Raoring Fork River and Aspen Mountain. The form of the building (footprint, roof and wall planes) are unaltered from 3 points the original design. a;.) The form of the building has been altered but less than 25% of the original walls have been removed, OR b.) The alterations to the form all occur at the rear of the subject building, OR 2 points c,.) The form of the building has been altered but the addition is less than 50/ of the size of the original building, OR d.) There is a rooftop addition that is less than 50% of the footprint of the roof. MATERIALS Exterior materials The original exterior materials of the building are still in place, with the 2 poi nts exception of normal maintenance and repairs. 50% of the exterior materials have been replaced, but the replacements 1 point match the original condition. Windows doors The original windows and doors of the building are still in place, with the 2 points exception of normal maintenance and repairs. 50% of the original windows and doors have been replaced, but the 1 point replacements match the original condition. Best: 15 • to 20 points Integrity Score (this page) maximum of 10 points: Better: 12 ' to points Character Defining Features Score (first page) maxi- • • • to 12 points mum of 10 points: Not • ' points HISTORIC ASSESSMENT SCORE: —�----. N - p slulod lelol . s� e spua 6ulaoos 'sluiod -: 1,17 . ......... r g uegj ssal pauaea A:pedoid eqj jl -abed lxau aul of anuiluoo `sluiod — " s aaow ao g pauaea kpadoid aqj 11 � a -sanlJuaoul 10 paenne auj Jo � w = .. w fed se paalnbaa aq Aeua uoljeaojsa�j -alAIS leuoijeuaajuj/snegne8 se Apenb 01 aouapina leoisAqd jo oigdei6ologd y6noayl a6pa}ooi pue `apea6 `sgwef nnopuinn le llejap ou pa�uawnoop Apealo ao juasaid ao lewlulw ylinn `gIoouas aae saoepns `pazipiepueis JGgj!G `sainjea; buiuilap aa}oeieyo pue painjoelnuew Alleaaua6 aae sleuajeW Q p au} 10 g anew Isnua 6uiplinq y S1091ja ani}eaooap uegj aayjea sJuauaala -sluaooe jo uoilisodwoo aql of peonpaa si 6ulliejaa (g . aol pasn aae saoloo Aieuaud -saoloo leainau Venn uie}ano a se sieedde 6uizel6 6uisn `olleuaoayoououa we sauaayos {p ao `AIlejuozuoy ao Alleoi}Pan aayjia `aoepns Juauauoainua Hem ay1 ui SIols se p91e9a} aae SnnopuiM (q lean}eu aye o; uoijoauuoo lensin a nnolle}eye � sJuauaala}o Juauaa6uea.ae leoiaIauaua�(sy (t7 6uizel6 jo seeie pue `adeospuel aqj olui pualxa jegj s;uawale Venn `spaeA:pnoo jo asn aqj peziseydwe aae y6noau} ain}eu of pajoauuoo aae s6uiplln8(6 Saul e}uoziao nno ue 6uo aae suoi odoa .I I u ` I p I .� d (C -xoq aad }uiod � uoi}isodwoo 'anal si juawalels aye olui auo sloaaip leyl anlo leanjoaliyoae Aaols albuls Allensn `s}ooi lel� (Z aayJo ao `Juauaala uaaaoS paaanalijueo a uogenala �I XOq �1�auo `IleM aqj ul plop e �(q pa�jew Allensn si �AU3 (g I pue ueid ui y}oq `suaaol oialauao96 aldualg aIAIS jeuoijauaajuj/snegna8 aqj jo sainjaai buiuije(i aajoaaauo Memorandum Date: January 28, 2013 To: Amy Guthrie, City of Aspen Planning From: Brian Flynn, Parks Department Re: 602 E Hyman ------------------------------------------------------------------------------------------------------------ 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. Parks is concerned with any improvements to the sidewalk area. The applicant has expressed interested, and is supported by Parks, in saving the larger spruce trees planted within the Hunter street courtyards. Changes in elevation On Hunter and Hyman will have impacts to the success of these trees. Current plans show two ADA ramps designed within a street bulb out. Parks supports this proposed concept since it removes any conflicts with the existing trees. Tree Permit: Per City Code 13.20 an approved tree permit will be required before any tree is removed or impacted under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of 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 2) In order to address tree protection the project should design and receive approval from the Parks Department a construction phasing plan for site improvements. For example; a) keeping existing hard surfaces in place to the very end of the project can provide additional root protection zones and provide storage for the project, tearing it up early in the project will require protection fencing and loss of space. b) air spading the existing and newly exposed soil areas and supplementing new organic materials will help stimulate root growth. 3) Specific and specialized excavation and construction techniques will be required for the development and installation of the access ramp located next one of the large spruce trees. Air spading the area in order to identify specific root zones and areas that prohibited excavation will be critical. The design and construction is required to meet all codes but must comply with tree and root protection requirements. 4) The site plan details a gas line access point and connection under the drip line of an existing tree. Excavation for this line will not be permitted based on root zone protection. The applicant will need to explore alternative techniques for making this connection. Public Court Yards/Street Facing Amenity: The applicant indicates a desire to keep the existing trees on site and will need to coordinate proposed court yard improvements and construction methods with the Parks Department. Parks will need to evaluate materials, excavation and impacts before approving work within the drip line of the existing trees. 1) Prior to building permit submittal, Parks requests that the applicant meet with the Parks Department and review concepts for the improvements in order to better understand and prevent impacts to the existing trees. 2) Parks cannot support any improvements that include excavation, plantings of materials greater than small annual plantings within a designated space. 3) Bio Retention areas are not compatible with the desire to save and protect existing trees. Bio-retention areas require excavation and soil amendments in order to facilitate drainage. These improvements if proposed within the courtyards will impact root zones critical to the trees long term health. MEMORANDUM TO: Amy Guthrie FROM: Cindy Christensen, APCHA Operations Manager DATE: February 6, 2013 RE: 602 E. Hyman Redevelopment ISSUE: The applicant is requesting approval to expand the building's existing two-bedroom, free market residential unit, add a two-story addition to the rear of the building to contain a one-car garage and a common elevator/stairway. The applicant is also proposing a historic designation consistent with the AspenModern guidelines. BACKGROUND: The expanded residential unit will contain approximately 2,461 square feet of net livable area. DISCUSSION: Pursuant to Section 26.470.060.4, if the development increases both floor area and net livable space/lodge units, and generates more than 4 employees, an administrative approval cannot be done. The proposed development does not increase both floor are and net leasable space. RECOMMENDATION: Per staff's review and the request for the historic designation, no employee mitigation is required for the proposed redevelopment. 601 E.Hyman(aka Victorian Square)Redevelopment Page 1 DRC 2-6-13 ACSD Requirements-602 E. 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. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). 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. Amy Guthrie From: Ashley Perl Sent: Thursday, February 21, 2013 11:21 AM To: Amy Guthrie Cc: Jessica Garrow Subject: 602 Hyman I just met with Dylan regarding the trash area at 602 Hyman.The space allotment is adequate and the orientation will work too. I asked that there be enough space to turn the dumpster parallel to the alley to empty it and also requested they look into options that would allow the dumpster and recycle bins to be attached to the fence to prevent wildlife from knocking them over. If those two conditions are met, the proposed plan gets approval from Environmental Health. Ashley Cantrell Perl City of Aspen Environmental Health Department 130 South Galena Street Aspen, CO 81611 (970)429-1798 $ign',up for the free monthly ZGreen newsletter here. 1 From: Ashley Perl Sent: Wednesday, February 06, 2013 9:07 AM To: Amy Guthrie Subject: Comments on 602 E Hyman Hi Amy, won't be able to make the DRC meeting today, so here are my comments on 602 E Hyman. No exact dimensions are given for the proposed trash enclosure, but my measurements show me that the enclosure measures about Oft. x 3ft.This is not large enough to accommodate a dumpster.The drawing shows two items being stored in the enclosure, but it appears that it will not be large enough to accommodate a trash bin, let alone other types of storage. If this enclosure were large enough to accommodate a dumpster(at least 7ft. x7ft), I think the enclosure is a good idea,given that it is bear proof. Storing the recycling bins against the wall, as shown in the application, will work if the area meets the following two requirements: - Is large enough to fit four (4) recycling toters. Each toter measures 2.5ft x 3ft, so four of them require at least 12 linear feet of space against the proposed fence. - Clips or other devices are installed on the fence to hold the bins against the fence to avoid the bins wandering into the parking space and being moved by animals. Thanks, Ashley Cantrell Perl City of Aspen Environmental Health Department 130 South Galena Street Aspen, CO 81611 (970) 429-1798 Z, 0 N.'' E- ---------- ------------------ ---- - ; EXJS IX STRGCONTOURSSHOWNFOR REFER TO PURPOSESONLY. REFER RG CIVILFORPROOSED GRApNG ELEVATIONS. ARCHITECTS' L L C 01 NEW LANDSCAPE AREA _--- RE.COIL DLM _ ALLEY P,O. BOX "2508 PROPERTY BOUNDARY :P2 ASPEN CO 81612 NEW 2 YARD PSTER p•s r.o-) re??. 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N E eL A R C H I T E C T S L L C. a2 DI P.O. BOX 2508 ASPEN CO 81512 V W NN.ZONE4ARCHITECTS.COM it NEW PARAPET G NEW TPO OR SIMILAR ROOF E DN J TOP OF ELEVATOR BNAFT UP Lu S NEW STAIR Q xN 0 W` NEW]'-0'' GLASS W U/ GUARDRAILS J Q NEW ROOFTOP DECK n/ J Z NEW EtS N TUB OT 1� E OUTLINE OF r NEW UPPER ROOF W C t1 C�O 6 G Z >-co Q= I ZQZI , OUNE OF 5 W W n1 VAULTEDCENNG BELOW J CD w NEW CLERESTORY O 4i WINDOWS KLOW ]t0 N a to it I I �♦�1 m—Q •// m O E s r Q W t0 ' .—NE OF W � 6 I NEIGHBORING BUI-NG E N d CAURTYARD O $ ;I I� BELOW � P N 9 r p 'I —OUTLINE OF NEW co ;I II NEW UPPER ROOF € —CLERESTORY [ WINDOWS BELOW Z I C Y f f 5 Ob E: 02 of BY REVISIONS DATE C M HPC APPUCAM 1126.12 [0[5 02 REVISEO HPCAPP Ot.11.1] T {{b ' 03 MENDED HPC APP.BZ1].1] G� r6 I i U a E Drawn by: Z4A =d HISTORIC DESIGNATION e. PROPOSE D ROOF PLAN �T� BRI ARYIO 1 2013 PROPOSED THIRD/ji _ ROOF LEVEL `p FLOOR PLANS _ - 3 A302 t fa 2 - a: IIEGEND Z O N E TOTAL FLOOR AREAS TOTAL D �Q � FLOOR AREA SOFT. , COMMERCIAL FLOOR AREA 4 NONLNIT AREA COMMERCIAL FLOOR AREA 2756250. . A". u=.vun.u+w RESIDENTIAL IFREEl ARKET)FLOOR AREA _3000.0 S0FT. a�enxi.noxwwm ` A.o m::uiuoec.uw �i;.. FREE MARKET RESIDENTIAL FLOOR AREA DE.K.R. ARCHITECTS L L C. GARAGEFLOORAREA ❑ OVERHANG AREA P.O. B ox 2508 ASPEN CO 81612 VWV VV.ZONE4ARCHITECTS.COM °s s I FLOOR ARE0. 2,916.94 sqR I E—wcwOEOVER—G) OVERHANG AREA: 0.0 sqR FLOOR AREA'. 2954.94sgR COMMERCIAL FLOOR AREA 1,866.53 sqR € Does nor—LUDE O0-RARCS OR sG FT.E—FTC E— E 215.79 sqR FLOOR AREA: 59.1 sq M1 Q FREE MARKET RESIDENTIAL 2603.57 cq R OVERHANG AREA W EXTERIOR DECK/STAIR AREA: 314.62 sqR or THC>ffi.�w IEOwt:R ttve�a�EMPr FLOOOR U+�Ew IIET BE COUwreo. O 3 EXTERIOR LANDING ABOVE COMMERCIAL FLOOR AREA: 2.444.37 s M1 NON-UNITAREA: 256.00 sq R COUNTED AS PECK ON ROOF R LEV COMMERCIAL FLOOR AREA 'L EzENPr) d 95.02 sq M1 NON-UNITAREA: 395.69 sqR A Q Q Q Q DECK 59.59 cqR Q QpQpQ 0 W NON-UNITAREA: 220.35 sqR V GARAGEAREA: 339.58 sqR J Q I � JZ� Y 0o Z4Z� o Waco I — ---- t' 0 0 00 0000 0000 Z arco o 1i o0 0 0 0 � o o f a (LI e o"doo o0 0 0000 0 Al In Q o, oo o r �FV i 000000000000 00000000 . , _ to F 0 0 0 0X14 o .D o d/ESTABtAF� ROOM o d,0000000 ROOM = pW2 + -- Jcoa W to e I I a W LV — fi N O co a e i e I � I E I J 1 I S COURTYARD I i 3e COURTYARD :J I 3@ I €� BY REVISIONS DATE — — 01 HPCAPPUGTION 1126.12 L € 02 REVSEDHPCAPP 01.11.13 F 0 AENDEDHPC APP. H 5� Drawn by: Z4A o8 HIST APPLICATION ATION N 13 FEBRUARY,2013 3' j z SCALE:1/8' _ ,D LEVEL FLOOR AREA �]� FIRST LEVEL FLOOR AREA �� LOWER LEVEL FLOOR AREA j SECOND /�/ �, \ _ .0• 1'-0" f� �-- '—J PROPOSED FLOOR 3 i AREA N aF Ii g_ d .r A303a P H i i I rGENQ Z O N E TOTAL FLOOR AREAS TOTAL e ® FLOOR AREA�rmioonaxwruun wFxn.wm� 6153.7 SO.FT. COMMERCIAL FLOOR AREA 4 � NON-UNIT AREA 2766.25O.FT. COMMERCIAL FLOOR AREA mcwmn.ax wxwmm RESIDENTIAL(FREEaMARKET)FLOOR AREA 3000.0 SOFT. nrcworar�.n wxmuxn woxw roan oa.wo •. �.. FREE MARKET RESIDENTIAL FLOOR AREA DECK AREA A R C H I T E C T S L L C GARAGE FLOOR AREA OVERHANOAREA P.O. B O X 2508 ASPEN CO 81 612 1MN W.ZON E4ARCHITECTS.COM °s q5 3 c J W p w O � z ROOF DECK AREA. 174.62 6q R W JQ JZ, r zQ� wig Z NIA a Q z � �yV = a LU MOO W e �— m—Q U) mt Q w0 s d N a I I O r — I I I I I I I I I I a I I I I 1 I I I I E I � I I 3a I s 1 BY REVISIONS DATE I 01 HPCAPPIICAT10N1126.12 €s6 02 REVISED HPC APP 01.11.11 � 03 AMENCED HPC FP.02.1].13 A :a Ti Wg i Drawn by: Z4A oa N HISTORIC DESIGNATION e- w APPLICATIONS 13 FEBRUARY,2013 ROOF LEVEL AREA g 1 J SCALE-116" = 1.1- PROPOSED FLOOR AREA e y€ 9 A303b5 H N' W: i Z O . N E LEGEND END TOTAL NEf AREAS TOTAL NET LEASABLE AREA(COMMERCIAL) 3951.9 SO.Ff. d� ® NET LEASABLE AREA RESIDENTIAL(FREE MARKET)NET LIVABLE AREA 2446.7 B.F T (COMMERCIAL) NET LIVABLEAREA (FREE MARKET) A R C H I T E C T S L L C. P.O. BOX 2508 ASPEN CO 81612 VJ VW.ZONE4ARCHITECTS.COM i; NET LIVABLE AREA 2.446.71 sq II NET LEASABLE AREA, 2,229.74 sq R NET LEASABLEAREA:1.642.85 W R I S� PREE Mna�T READENTIUJ 'comm_ ICA—CIAL) W ? i I NET LEASABLE AREA: 79.27 sq It Q W ryoMMERCUy GARAGE O D I Z g I W 3 W U JQ JZ� ; I � ZQ� s LU Fr �� —� — ` t STAIR M7 a r d SSARCl STAIR Q Q=0 5 ENV t �- HALL p1 w w VESTIBULE FI ELEV. T� Z W Z i co a mECri m to Q Q wm W — to N `s - O 4 N i CD a CC a s I � I S COURTYARD COURTYARD r BY REVISIONS DATE _ at HPC APPLICATION 1126.12 �S EEde EVISEDHPCAPP 01.11.13 At£a 03 AME—DNPC-0213.13 Gt :E E a s N HISTORIC DESIGNATION eg APPLICATION }E 13 FEBRUARY,SECOND LEVEL NET LIVABLE/ LEASABLE AREA i%2'/ FIRST LEVEL NET LIVABLE/ LEASABLE AREA L SCALE 1/8" _ ,-0 PROPOSED NET i3 "E SCALE:118 1 B 1 � LOWER LEVEL NET LIVABLE LEASABLE AREA �b LIVABLE LEASABLE AREA E A303c4 b Z O . N E EXTERIOR SIDING LEGEND ��EXIGnNG NEIGHBORING, --- ILdN� BU G Qt PAINTED CONCRETE MASONRY UNIT(CMU) 1 RING 610H W PROPOSE D T HIRD ROOF FA GDE d BEYOND NEW UPPER ROOFS WnH _ CLERESTORY WINDOWS O SNCCO SIDNG NEW 3'S HIGH GUSS GUARDRAIL BEYOND 25'HEIGHT OMIT ------------------------ -___----- ------ -- - - ARCHITECTS _ NEIGHBORING BUILDING OB PAINTED WOOD SIDING L L C. 610 HVIAAN FRONT FACADE P.O. BOX 2508 _ ASPEN CO 81612 T.O�UPPPER ROOF WVVW.ZONE4ARCHITECTS.COM [E=: T.C.PARAPET ______—___—_-------------------------- _ T.O�ROOF �/i F11 F1 2 3 NEW STAIR AND DECK C C T.O� FF.SECOND LEVEL y a J € � NEW 3-6'GUARDP,NL W s EXISTING COURTYARD GRADE Q w >; BEYOND TO REMAIN EXISTING GRADE TO REMAIN O Z T.OhF.F.FIRST LEVEL C w , 1 W V> I ` CONCRETE FOUNDATION Q Y BELOW I I I I 2r � I Q I r L _ ___ EL+91'-BAS _ - _ —_—---- -- - _ __—_— __ _ _____ T.O.F.F.BASEMENT LEVEL Z a` O O2; PROPOSED SOUTH ELEVATION 0 �, } ZaZ � 2 C) co �oQ a I-- m to NEW3F— GI-ASS _ S GUARDRAILS 26'HEIGHT LIMR N 6 NEW UPPER ROOFS WITH CLERESTORYWNDOWS ____ ___ __ _____ _ _ _ ______________ oIo O --- -- - - 10 L EL+123'-11 7N" —-—-— —-— —-—-—-—-—-— —-— -T.O.UPPPER ROOF 2 ___—___ ____.y . __ O CNI —_—_____—_—_—_ T.O.ELEVATOR � € . �� _---------------- ---- --- - —"---- - -------_-------- T.DfPARAPET Ili _—_ _—_—_____ _____—__ _—_—_____ ____ __—_—_—_____—___—_-J-___ -+EL+119'5 3/d" W T.O.ROOF B S I � l ELEVATOR SHAFT / \ RESIDENTIAL - � s / EL.G4 109'-11 GE T.O. RA ROOF PARAPET 35 .L EL* 0212' F• - -—-— � TAO.F.1F9'-.SECOND LEVEL E €G BY REVISIONS DATE APPUCATION 11.26.12 d€$ 02 EVISED HPCAPP 01.11.13 FS COMMERdAL \ / D3 AMENIXII HPCAro.02.13.13 P� E _ # ___— _______—_—_—_— __ I___— T 0 --_QRST LEVEL ae r - T —_ - —_— ----_-- ---- - I E77HT.O. 1_ f GARAGE F.F. �`°,�, EXI6TNG GMDE TO REMNN O GARA DTBWn by: Z4A €E RAM— NEWSTEEL STAIRAND COMMERCIAL �Fn Ea - LA - EA6n-GRADE HISTORIC DESIGNATION a. _ APPLICATION I6 4 — STNRBEYOND _ _ _ _ _ _ _ - o —— IL .11 L EL-91'-0 12' 13 FEBRUARY,2013 �b o C T�MENL LEVEL 3 - ------------------ e o 3e PROPOSED =€ w €° 0 ELEVATIONS .; s s / PROPOSED EAST ELEVATION/SECTION A304 g_ 5� H �� Z O . N E EXTERIOR SIDING LEGEND FASTING NEIGHBORING I BUILDING tO PAINTED CONCRETE MASONRY UNIT(GMUI NEIGHBORING BUILDING 810 HYMAN PROPOSED HEIGHT NEW]'B HIGH - GLASSGUARDRAILBEYOND. O2 STUCCO SIDING REFER TO PROPOSED EAST ELEVATION I SECTION FOR HEIGHT LIMIT CONFORMANCE 2 28-HEIGHT UNIT A R C H I T E C T S —————————————— — O3 PAINTED WOOD SIDING L L C. i EL*123'-11 3M' — ——— —_—_—_—_—_—_—_—_— ———— ———— _ T—T O.UPPER ROOF P.0• BOX 2508 _______ FL+1z3•�3u^ ASPEN CO 81612 —-—- -—-— - — T.a�ELEVAATOR WvWV.ZONE4ARCHITECTS.COM _—'T.O.PARAPET —_---_—_--- _---_---_---_--_ �—Yi1`T E TE L..OOa..R1O0 OF_—_—_—_—_ _—_—_—_—_ GARAGE/4R" OOF PARAPET — —-—-— —-—-—- F2ND LEVEL e C c D D J _� NEW RAMP fr (GUARDRAIL NOT DE%CTED FOR CLARITY) Q W D EASING GRADE O �EL. 7 10�-0 Z L __ _ _ _— — _ _— ——. F'F'FIRST LEVEL C Lu _—_ —_ _—_ — —LEL+97�Li (�- J� -- --—-—-—- — --'T.O,GARAGE F.F. o Lr___-- --- -__ - _ __ J L CONCRETE FOUNMTON POSED FIN BELOW r S PROPOSED GRADE BEYOND Q r S l EL+91'-712" W G — —_—_—_—_ _—_—_—_—_—_—_—_—_—_—I T.O.F.F.BASEMENT LEVEL 7 a _—_—_—_—_—_—_—_—_—_— L N>- i ^/ PROPOSED NORTH ELEVATION rn �OL SCA .' LEW 1'-0" = OWW good o REFER GUARDRAILBEYOND. REFERTO PROPOSED Lu O E ION OR HEIGHT UMI T C ONFORM ANCE i !'HEIGHT UMIT W — � a TOPOFELEVATORSHAFTAND NEW UPPER LEVEL ROOF N b STAIR BEYOND WITH CLERESTORY WINDOWS G 28'HEIGHT UMIT——— ______ __ _ ____— __ _______— _________ _—__—_ la ------ --- N ELf I23'A 314"i —_--—-—-—- 1FL+123'-1130 O T Op ELEVATORF-— T.O.UPPER ROOF EEL: T.PARAPET a 2 }F.L!1L2 i3L4 — _—_—_—_—_—_—_—_—_—_—_—_—_---_— —_— FM �L= T.C. 6i 2 O ROOF / 4 GARAGE BEYOND \ �� b —-_—_—_—_—_—_—_— —_—_—_—_—_ _—_ "T.O.F.F.SECOND LEVEL BY REVISIONS DATE DD // GI MPCAPPUCATONt126.12 E$ / / G2 EVISEOHPCAPP 01.11.iJ S� 03 AMENDED MPC APP. \ \ `EL ioo--o-- T T.O.F.F.FIRST LEVEL a I S., — I EASING GRADE TO REMAIN €' - - EASING GRADE AT _——_—— — ——�— ————— ————, I FINISH GRADE BEYOND DTBWD q': Z4A E6 o FACADE BEYOND I S I CONCRETE FOUNWION BELOW HISTORIC DESIGNATION g• APPLICATION 13 FEBRUARY.2013 — — — — — — — — — — — — — — — — — — — _ i T2MENT LEVEL ie PROPOSED =� ¢ PROPOSED WEST ELEVATION ELEVATIONS Q€ SCALE:3/16"= 1'4' A305s 53 w �• Z ON E ' I ARCHITECTS L L C. P.O. BOX 2508 ASPEN CO 81 612 Wu1 W.ZONE4ARCHrTECTS.COM d it Lu a z4s..k �A �q3 - eA1"` cta a ' � € a w fi�R Z b F i! 3 �� .d '+'1 .�. i• �,gx F3 R= s � �r��l�� .'M�.� ' s "�sli :e �t S z $t 1 ui J a E x'i k Z P' � c x ='ex, I d�oo � a �ffitns.e�'}5 e�-k' ftN kA tRf� g i L4 l�q i F h4�+ Q i � Ills S t 4 S Z_ : O t" fit W good E C to m r , 0 ` h� �#Y7 -'A3�.� c h 4 e � � W� s W _ x 4 �� 4 F i y O k,� °3 S�a 1 s '�2f�x y �s� r��?# ' W to NOTE:PROPOSED SITE WORK HAS NOT BEEN ILLUSTRATED. s I ALLEY PERSPECTIVE -VIEW TOWARDS SOUTHEAST 3n �e €c BYJ REVISIONS I DATE 3g Ot MPC APPIIUTION 1126.12 E3S 02 —SEDH APP 01.11.13 03 AMENDED MPC PP.02.13.13 !t 8� N E Drawn hy: Z4A od HISTORIC DESIGNATION ni APPLICATION R 13 FEBRUARY,2013 a PERSPECTIVES e rE A306 _ RECEIVED Z O . N E -tp13 ')_013 CITY OF ASPEN COMMUNITY DEVELOPMENT I ARCHITECTS u.c February 13, 2013 HAND DELIVERED Ms.Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Amended Historic Designation Application 602 East Hyman Avenue—EB Building Aspen,LLC Dear Ms. Guthrie: This letter and additional material represents an amendment to the original application for voluntary historic designation approval for the existing building located at 602 East Hyman Avenue in the City of Aspen, dated January 11, 2013. The documents within this package illustrate the following revisions: • Per Community Development staff request, the location of the 2 cubic yard trash dumpster has been relocated to the northwest corner of the property next to the recycling bins. • Per Building Department staff direction,the first level commercial space has been revised at the west end of the Vestibule in order to allow emergency egress within the vestibule in order to conform to IBC requirements. • The residential (second level)floor plan has been developed. An exterior door at the Master Bedroom has been added as well as a sliding door to replace the existing exterior door at the Sitting Room. Additional windows have been added for natural ventilation, illumination, and emergency egress required by code.The pop-up roof massing has also been adjusted to relate to the interior plan. • The alley perspective has been updated per the revisions above. • Due to the first level commercial and second level residential floor plan revisions,the floor areas and net leasable/livable areas have been updated accordingly: • Total Building Floor Area has been updated to 6153.7s.f. This is a decrease from the previous 6183.5 s.f. • Total Commercial Floor Area has been updated to 2788.2 s.f. This is a decrease from the previous 2814.6 s.f. • Total Residential Floor Area has been updated to 3000.0 s.f. This is an increase from the previous 2998.5 s.f. • Total Net Leasable Area (Commercial) has been updated to 3951.9 s.f. This is a decrease from the previous 3997.3 s.f. • Total Net Livable Area(Residential)has been updated to 2446.7 s.f. This is a decrease from the previous 2460.5 s.f. Should you have any questions, or require additional information; please feel free to contact our office at 429-8470. Sincerely, Dylan Johns, Principal Zone 4 Architects EXHIBIT AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE COD ADDRESS OF PROPERTY: &0z f'4S T H y wl AA) ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: :EE13?_VAvLY z.' ,20133 STATE OF COLORADO ) ) ss. County of Pitkin ) I, -TD yt_ (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. C Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15)days prior to the public hearing on the $ day of FMUAWY , 2013 , 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. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text 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. S' atur The foregoing"Affidavit of Notice"was acknowledged before me this I1" day of I 74A&4" , 20]3_, by Mk cAm d\,y%S MATTHEW MOSCHET WITNESS MY HAND AND OFFICIAL SEAL (VOTARY PUBUC My Comm'ssion ex it 6��Itsa /&p 14 STATE OF COLORADO MY COMMISSION EXPIRES 02-1 6-2014 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE 0WNERSAND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. X24-65.5-103.3 500'E ,A ,, t , y �1 t tl A.' " -�-- is y On Led# 10 II. - IMUMMA WAS 4 om-W 1 � AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY:4r� �. ' �/ ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: 2013 STATE OF COLORADO ) ss. County of Pitkin ) I, d- �/Al o' (name,please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing on the _day of , 20 and including the date and time o 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 co y of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested,to affected mineral estate owners by at least thirty(30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended,whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days pri r to the public hearing on such amendments. oregoing"Affidavit of No i "was owledg e before me this 2 day of I ,by WITNESS MY HAND AND OFFICIAL SEAL r • My c fission expir �O cS� ) \G O �'9TF OF iVly Commission Expires 0&'2512013 Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICA TION • 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: 602 E. HYMAN AVENUE - ASPENMODERN NEGOTIATION FOR VOLUNTARY LANDMARK DESIGNATION, CONCEPTUAL MAJOR DEVELOPMENT AND CONCEPTUAL COMMERCIAL DESIGN REVIEW, PARKING WAIVER, AND SPECIAL REVIEW FOR UTILITY/TRASH/RECYCLING AREA NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, February 27, 2013, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission(HPC), Council Chambers, City Hall, 130 S. Galena St.,Aspen,to consider an application submitted by EB Building Aspen, LLC, c/o Cristin D. Adam, Esq., Unity Hunt, Inc., 1601 Elm Street, Suite 4000, Dallas, TX, 75201, related to the property located at 602 E Hyman Avenue, Lot K&L, Block 99, City and Towntise of Aspen, CO. The applicant proposes voluntary landmark designation, an interior remodel, an addition at the rear of the building for a garage, staircase and elevator, and minor alterations to other facades and the roof of the building. HPC is asked to make a recommendation to Council regarding landmark designation, and will conduct design review. HPC will consider a waiver of on-site parking and cash-in-lieu fees and a reduction of the on-site utility/trash/recycle area. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2758 or amy.guthrie @cityofaspen.com. Ann Mullins,Chair Aspen Historic Preservation Commission Published in the Aspen Times on February 7,2013 City of Aspen Account VANN ASSOCIATES, LLC Planning Consultants February 13, 2013 HAND DELIVERED Ms. Amy Guthrie Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 602 East Hyman Avenue/Neighborhood Outreach Summary Dear Ms. Guthrie: The neighborhood outreach requirements of Section 26.304.035 of the Aspen Land Use Regulations were met via the provision of enhanced public information as provided for in Section 26.304.035.C.3. The HPC public notice mailing included a more detailed description of the proposed development prepared by the project architect. Proposed building elevations and perspectives were enclosed therewith. A copy of the enhanced information that accompanied the public notice is attached hereto. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, iASSOCIA , LLC nn A d:AoldcAbus\city.ltr\ltr58912.ag2 P.O. Box 4827 • Basalt,Colorado 81621 970/925-6958 Fax 970/920-9310 vannassociates @comcast.net Z 0 N E r i L c7i ARCHITECTS LLC February 8, 2013 Good day, Enclosed you will find a public notice and images from a Aspen Modem Negotiation for Voluntary Landmark Designation, Conceptual Major Development and Conceptual Commercial Design Review, Parking Waiver, and Special Review for UtilitylTrash/Recycling Area application for 602 East Hyman Avenue that is scheduled to be reviewed by the Aspen Historic Preservation Commission on Wednesday, February 27, 2013. This application replaces a previously approved conceptual design review application which sought to renovate the existing building and add a Yd story to it. That application has been voluntarily withdrawn by the property owner in favor of this one. The property is situated on the Northeast corner of East Hyman Avenue & Hunter Street and the proposal entails performing interior renovations, adding a garage, staircase, and elevator at the rear of the building, making minor alterations to other facades, and raising some areas of the roof by a few feet to provide clerestory windows. A small portion of the roof will have decking surface applied to it and a spa with glass or visually diminutive railings surrounding it. All roof elements will be setback from the street facing fagade. The utilities and trash facilities will be updated to more closely meet current City requirements. The design seeks to improve the pedestrian experience on the Hunter Street edge of the property by removing the existing fence and adding some landscaping and on site drainage elements. Onsite parking will be provided and any parking required in excess of the available area on site will be mitigated by cash-in-lieu. Removal of the large spruce trees along Hunter Avenue is not being considered as part of this application. No variances for height, setbacks, or floor area are being requested. If you have any questions, please feel free to contact Dylan Johns or Bill Pollock at Zone 4 Architects at(970) 429-8470 Z O N E EXTERIOR SIDING LEGEND I d�- (D PAINTED CONCRETE MASONRY UNIT(CMU)•• 7 r O STUCCO SIDING O3 PAINTED WOOD SIDING ARCHITECTS ue NEW 3'-B"HIGH GLASS GUARDRAILS —j28 HEIGHT LIMIT NEW UPPER ROOFS WITH-- CLERESTORY WINDOWS _ _ _ __ __ _ ___ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ of Z ''. . /4" --'---'-�--'—'—'--_ — — __— -1RO OF Tp+UI23 T.O.ELEVATOR T.O.PARAPET _ —_—_—_—___—_—_____. Y E7L 6+.RO3/4" I` r ELEVATOR SHAFT / \ I F �I RESIDENTIAL � p i I I^ i E +1 9'-1134 J A�- A RO F PARAF I i T.O.G RAGE 0 i + A EL 09-2 /2 Tom- O.F1 F.SECO NO LEVEL COMMERCIAL _ yl i _—____________ -—_— ,� L -- _ T� O.F .FIRST 'EL F- _ - __— --- — — — -- __ T.O�GARAGE F., E%18TING GRADE TO REMAIN i FINISH GRADE NEW srEEL STAIR AND COMMERCIAL LANDING - EXISTING GRADE - STAIR BEYOND • L �—— T-- MENT LEVEL O.F�.F BASE AE71/2" —— — — — — — — — — — — —— — — — — - - I I O o1 602 E. HYMAN AVE. REMODEL HISTORIC DESIGNATION APPLICATION PROPOSED EAST ELEVATION/SECTION N.T.S. 02.08.2013 ZZ O N EN E EXTERIOR SIDING LEGEND Ivr l 1O PAINTED CONCRETE MASONRY UNIT(CMU). 2O STUCCO SIDING 3O PAINTED WOOD SIDING ARCHITECTS «c EXISTING NEIGHBORING_ ULL5 NG� NEIGHBORING BUILDING 610 HYMAN PROPOSED THIRD FLOOR FACADE BEYOND NEW UPPER ROOFS WITH CLERESTORY WINDOWS NEW 3 6"HIGH GLASS GUARDRAIL BEYOND 26'HEIGHT LIMIT — — — — — — — — — — — — — — — — — — —— — — — — — — — — — — — — — — — — — — NEIGHBORING BUILDING 610 HYMAN FRONT FACADE —_ _—_—_ — _.—_—_—_J_—._— _ _ +123'-1 T.O.UPPPER ROOF _ O+P1 0'i" D O T ARAPET L.+119'-5 14" T.O.ROOF j 2 _ _ 3 i I„ H41 III, NEW STAIR AND DECK _ _u__ _— — .r 10. 1 ,. SECOND LEVEL I NEW X-6"GUARDRAIL ESTINGCOURTYARD GRADE 8;r" DTOREMAIN EXISTING GRADE TO REMAIN T.O.F.F.FIRST LEVEL I j I I 1 F- CONCRETE FOUNDATION I BELOW I j I I I I - - - - - - - - - - - -- .O�F EM r1---------- - .. _ --- j FT 6.± ENT LEVEL - - - -6721602 E. HYMAN AVE. REMODEL HISTORIC DESIGNATION APPLICATION PROPOSED SOUTH ELEVATION N.T.S. 02.08.2013 Z O N E EXTERIOR SIDING LEGEND L 1O PAINTED CONCRETE MASONRY UNIT(CMU). r - 2O STUCCO SIDING 3O PAINTED WOOD SIDING ARCHITECTS ue NEW'-6'HIGH GLASS GUARDRAIL BEYOND. REFER TO PROPOSED EAST ELEVATION I SECTION FOR HEIGHT LIMIT CONFORMANCE — TOP OF ELEVATOR SHAFT AND — — — —————— — ——— —— - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - — — Z — — — — — —--28'HEIGHT LIMIT STAIR BEYOND NEW UPPER LEVEI: 28'HEIGHT LIMIT — } — WITH CLERESTOF IWS TT 123 11 3/4 T.O.ELEVATOR� T.O.UPPER ROOF __ T.O.PARAPET _ A 1 '33/4" T.o ROOF I T�O.ROOF GARAGE BEYOND ---------- ------PENN 011111111! L EL.0 I m 1/2" T.O+F.F.SECOND LEVEL t i . I � i - - - - - =T � � u 7 Z 7 _ L 1 =T EQ—_—___—___ _ _ .L I r — — _ _ T O F F.FIRST 'L - --- -- - --- - 1_. I EXISTING GRADE TO REMAIN � I FINISH GRADE BEYOND EXISTING GRADE AT — — — — — — — — — — — — — — — — — — — — — — —1 FACADE BEYOND ( = CONCRETE FOUNDATION BELOi I I ______—__ __________—_____ . B—___—_ T OFF AMENT LEVE 03 602 E. HYMAN AVE. REMODEL I HISTORIC DESIGNATION APPLICATION PROPOSED WEST ELEVATION N.T.S. 02.08.2013 Z O N E EXTERIOR SIDING LEGEND I Id�_ tO PAINTED CONCRETE MASONRY UNIT(CMU).- 2O STUCCO SIDING 3O PAINTED WOOD SIDING ARCHITECTS «e EXISTING NEIGHBORING A r N NEIGHBORING BUILDING 610 HYMAN PROPOSED HEIGHT NEW 3'-8"HIGH GLASS GUARDRAIL BEYOND, REFER TO PROPOSED EAST ELEVATION/SECTION FOR HEIGHT LIMIT CONFORMANCE 2 28'HEIGHT LIMIT ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ __ _ _ _ _ _ _ AEL 123'-113/4" _ __ ___ _ _ _ _ _ _ __ _ _ _ _ _ _ _ - �-_-_-_-_-_-_-_-_ _ T-gyp UPPER ROOF ___... __..._.__ ___._-_ _.- -� A EL+123'-8 3/4" _-_-_ -_-_-___- -_-_-_-_-_-_-_-_-_- - T-q O.ELEVATOR _ EL+120'-1" T.O.PARAPET A EL+119'-5 3/4" -_-_- _-___-_ _-_ _-___-___-_-_-_-_ _-_-_-_-___- -_- - T.O.ROOF i i i _ i i i 3 I � - I '-I mil 1 I _ AEL 109'-113/4" L O.GARAGE ROOF PARAPET -_-_- - -_-_-_-_-_-_ _-_-_ _� ,I _-_-_-_ _- _- __ - AEL 109'-2112'• '- T.O�F F SECOND LEVEL � I l _ - �' = 11 i NEW RAMP I i I L � (GUARDRAIL NOT DEPICTED FOR CLARITY) v EXISTING GRADE --- - - --�=1 - - -1 -- - - - - - T-Q O.P.P.FIRBT LEVEL _-`-_-_-_-_-_-_-_ - - T� O.OgRAGE F.F. J CONCRETE FOUNDATION BELOW PROPOSED FINISH GRADE BEYOND -}-___-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-----_---_-_-__ .L EL+91'-7112'. � -, T-y O.F.F.BASEMENT LEVEL 04 602 E. HYMAN AVE. REMODEL HISTORIC DESIGNATION APPLICATION PROPOSED NORTH ELEVATION N.T.S. 02.08.2013 Z O N E ei �J ARCHITECTS tr uc � Is:a 'f,'• li S < � < (T5]602 E. HYMAN AVE. REMODEL HISTORIC DESIGNATION APPLICATION COURTYARD PERSPECTIVE OF MASSING-VIEW TOWARDS NORTHWEST N.T.S. 02.08.2013 Z O N E P ARCHITECTS uC -;-rjo a 06 602 E. HYMAN AVE. REMODEL HISTORIC DESIGNATION APPLICATION CORNER PERSPECTIVE OF MASSING-VIEW TOWARDS NORTHEAST N.T.S. 02.08.2013 Z ON E ARCHITECTS ue { 1 113 y.r NOTE: PROPOSED SITE WORK HAS NOT BEEN ILLUSTRATED. T71602 E. HYMAN AVE. REMODEL I HISTORIC DESIGNATION APPLICATION ALLEY PERSPECTIVE OF MASSING-VIEW TOWARDS SOUTHEAST N.T.S. 02.08.2013 Easy Peel'Labels i ♦ Bend along line to Q AIRY® 5160® Use Avery®Template 51600 1 Feed Paper � expose Pop-up EdgeT* 1 1 308 HUNTER LLC 4 SKIERS LP 517 EAST HOPKINS AVENUE LLC 490 WILLIAMS ST 1108 NORFLEET DR 517 E HOPKINS AVE DENVER,CO 80218 NASHVILLE,TN 372201412 ASPEN,CO 81611 520 EAST COOPER PTNRS LLC 530 HOPKINS LLC 610 EAST HYMAN LLC 402 MIDLAND PARK 5301/2 E HOPKINS C/O CHARLES CUNNIFFE ASPEN,CO 81611 ASPEN,CO 81611 610 E HYMAN AVE ASPEN,CO 81611 630 EAST HYMAN LLC 633 SPRING II LLC 635 E HOPKINS LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 532 E HOPKINS ASPEN,CO 81611 ASPEN,CO 81611 ASPEN, CO 81611 ALPINE BANK ASPEN ARCADES ASSOCIATES LTD LLC ASPEN ART MUSEUM ATTN ERIN WIENCEK C/O KRUGER&CO 590 N MILL ST PO BOX 10000 400 E HYMAN AVE ASPEN,CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN,CO 81611 ASPEN BLOCK 99 LLC ASPEN CORE VENTURES LLC ASPEN PLAZA LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 PO BOX 1709 ASPEN,CO 81611 ASPEN,CO 81611 C/O STEVE MARCUS ASPEN,CO 81612 AUSTIN LAWRENCE CONNER LLC AVP PROPERTIES LLC BASS CAHN 601 LLC 532 E HOPKINS AVE 630 E HYMAN AVE#25 PO BOX 4060 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 BATTLE GERALD LIVING TRUST BAUM ROBERT E BERN FAMILY ASPEN PROPERTY LLC HIXON BURT LIVING TRUST PO BOX 1518 65 FIRST NECK LN PO BOX 2847 STOCKBRIDGE, MA 01262 SOUTHAMPTON, NY 11968 NEWPORT BEACH, CA 92659 BG SPRING LLC BISCHOFF JOHN C BOOGIES BUILDING OF ASPEN LLC 300 S SPRING ST#202 502 S VIA GOLONDRINA C/O LEONARD WEINGLASS ASPEN,CO 81611 TUCSON,AZ 85716-5843 534 E COOPER AVE ASPEN,CO 81611 BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224 CHATEAU ASPEN CONDO ASSOC 9610 SYMPHONY MEADOW LN 210 S GALENA ST#21 630 E COOPER AVE VIENNA,VA 22192 ASPEN,CO 81611 ASPEN, CO 81611 CHATEAU ASPEN UNIT 21-A LLC CITY OF ASPEN 421 ASPEN AIRPORT BUSINESS CTR 2615 N L LAKEWOOD ATTN FINANCE DEPT STE G 2615 N O, IL 60 130 S GALENA ST ASPEN,CO 816113551 CHICAGO, IL 60614 ASPEN,CO 81611 k1cluettes faciles a peter ; 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A Repliez A la hachure afin de ; www.averycom Utilisez le gabarit AVERY®51600 j rhaernamant r6veler le rebord Pop-upmc ; 1-800-GO-AVERY ; Easy Peep Labels i ♦ Bend along line to a AVERY® 5160® Use Avery®Template 51600 Feed Paper expose Pop-up EdgeTM 1 IMATTHEWS ZACHARY MCMURRAY WILLIAM&HELEN MIAO SANDRA PO BOX 10582 29 MIDDLE HEAD RD 9610 SYMPHONY MEADOW LN ASPEN, CO 81612 MOSMAN NSW 2088 VIENNA,VA 22182 AUSTRALIA, MORRIS ROBERT P MYSKO BOHDAN D NATTERER HELEN 600 E HOPKINS AVE STE 304 615 E HOPKINS 67 BAYPOINT CRIES ASPEN, CO 81611 ASPEN, CO 81611 OTTAWA ONTARIO CANADA K2G6R1, NIELSON COL STEVE&CAROL D NONNIE LLC OBERHOLTZER JORDAN 501 S FAIRFAX PO BOX 565 PO BOX 10582 ALEXANDRIA,VA 22314 ASPEN,CO 81612 ASPEN,CO 81612 OLITSKY TAMAR&STEPHEN P&L PROPERTIES LLC PITKIN CENTER CONDO OWNERS PO BOX 514 101 S 3RD ST#360 ASSOC GWYNEDD VALLEY, PA 19437 GRAND JUNCTION, CO 81501 517 W NORTH ST ASPEN,CO 81611 PITKIN COUNTY BANK 80% REUSS/LIGHT LLC REVOLUTION PARTNERS LLC 534 E HYMAN AVE PO BOX 5000 PO BOX 1247 ASPEN,CO 81611 SNOWMASS VILLAGE,CO 81615 ASPEN,CO 81612 ROTHBLUM PHILIP&MARCIA RUST TRUST RUTLEDGE REYNIE 40 EAST 80 ST#26A 9401 WILSHIRE BLVD#760 51 COUNTRY CLUB CIR NEW YORK,NY 10075 BEVERLY HILLS,CA 90212 SEARCY,AR 72143 SCHNITZER KENNETH L&LISA L SHUMATE MARK SILVER DIP EQUITY VENTURE LLC 2100 MCKINNEY AVE#1760 BLDG 421 G ABC 2100 MCKINNEY STE 1760 DALLAS,TX 75201 ASPEN,CO 81611 DALLAS,TX 75201 SJA ASSOCIATES LLC SNOWMASS CORPORATION STERLING TRUST COMP 418 E COOPER AVE#207 174 CALLAWASSIE DR 2091 MANDEVILLE CYN RD ASPEN,CO 81611 OKATIE, SC 29909 LOS ANGELES,CA 90049 STEWART TITLE CO SUITE 300 OFFICE LLC SWEARINGEN WILLIAM F C/O JENNIFER SCHUMACHER 567 SAN NICOLAS DR PENTHOUSE 450 CONWAY MANOR DR NW PO BOX 936 NEWPORT BEACH,CA 92660 ATLANTA, GA 303273518 TAYLORSVILLE, NC 28681 TENNESSEE THREE TENNESSEE THREE RENTALS THOMPSON ROSS&LYNETTE PO BOX 101444 C/O J H COBLE 1502 GREYSTONE DR NASHVILLE,TN 37224-1444 5033 OLD HICKORY BLVD CARBONDALE, CO 81623 NASHVILLE,TN 37218-4020 k1cluettes faciles a peter ; 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AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: D 2- mcy- , Aspen, CO SCHEDULED PUBLIC HEARING DATE: lib 2'1 D D/I rr , 201-3 STATE OF COLORADO ) ss. County of Pitkin ) I, Gl "�C (name, please print) being or representing an Applicant to the City o 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 amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this day of reb 208, by QD6 SCQ:� PUBLIC NOTICE RE:602 E.HYMAN AVENUE-A R WITNESS MY HAND AND OFFICIAL SEAL NEGOTIATION FOR VOLUNTARY Y LANDMARK DESIGNATION,CONCEPTUAL MAJOR DEVEL- OPMENT AND CONCEPTUAL COMMERCIAL DESIGN REVIEW,PARKING WAIVER,AND '`��✓ SPECIAL REVIEW FOR UTILITY/TRASH/RECY- CLING AREA My commission expires: —�� —Gf ,,L� NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,February 27,2013,at a meeting to begin at 5:00 p.m.before the Aspen Historic Preservation Commission(HPC),Council Vw Chambers,City Hall,130 S.Galena St.,Aspen,to consider an application submitted by EB Building Notary Public Aspen,LLC,c/o Cristin D.Adam,Esq.,Unity Hunt, Inc.,1601 Elm Street,Suite 4000,Dallas, 75201,related to the property located at 602 E , �+ Hyman Avenue,Lot K&L,Block 99,City and ��®•°O•••°°•�� Towntise of Aspen,CO. The applicant proposes `9°•° °;+� voluntary landmark designation,an interior remodel,an addition at the rear of the building for a r� garage,staircase and elevator,and minor ''_iE'sD M. ° alterations to other facades and the roof of the building. HPC is asked to make a recommenda- tion to Council regarding landmark designation, and will conduct design review. HPC will consider ATTACHMENTS AS APPLICABLE: ,_., a waiver of on-site parking and cash-in-lieu fees and a reduction of the on-site utility/trash/recycle area. For further ippnformation,contact Amy Guthrie[E PUBLICATION De tment'130 S.Galena St., CO,(970 PH 429.2756 or amv outhrie0cityofasnn com. PH OF THE POSTED NOTICE (SIGN) lion Expires 0312912014 Ann Mullins.Chatr' OWNERS AND GOVERNMENT AGENGIES N�� Aspen Historic Preservation Commission i Published in the Aspen Times Weekly on February 7,2013. [8874880] c'i.<1 LJll..ril\I CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 RECEIVED JAN 11 90'1 CITY Of ASPEN COMIMUIYTY DEVEIOPMENT 602 EAST HYMAN HISTORIC DESIGNATION APPLICATION AN APPLICATION FOR HISTORIC DESIGNATION AND CONCEPTUAL DESIGN REVIEW FOR 602 EAST HYMAN AVENUE Submitted by: EB Building Aspen, LLC c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 January 12, 2013 Prepared by: VANN ASSOCIATES, LLC Planning Consultants P.O. Box 4827 Basalt, Colorado 81611 (970) 925-6958 PROJECT CONSULTANTS 4 PLANNER SURVEYOR a Sunny Vann Jason R. Neil. L.S. 37935 Vann Associates, LLC Peak Surveying Inc. P.O. Box 4827 y g' P.O. Box 1746 Basalt, CO 81621 ( Rifle, CO 81650 970) 925-6958 (970) 625-1954 ARCHITECT CIVIL ENGINEER Dylan Johns Yancy Nichol, P.E. Zone 4 Architects, LLC Sopris Engineering, LLC P.O. Box 2508 502 Main Street, Suite A3 Aspen, CO 81612 Carbondale, CO 81623 (970) 429-8470 (970) 704-0311 i I TABLE OF CONTENTS Section Page I. INTRODUCTION 1 II. PROJECT SITE 2 III. PROPOSED DEVELOPMENT 12 IV. REVIEW REQUIREMENTS 31 A. Historic Designation 31 B. Major Development Conceptual Approval 35 C. Commercial Design Review 39 D. Special Review 49 E. Growth Management 50 APPENDIX A. Exhibit 1 , Pre-Application Conference Summary Exhibit 2, Title Insurance Policy Exhibit 3, Permission to Represent Exhibit 4, Land Use Application Form Exhibit 5, Dimensional Requirements Form Exhibit 6, Application Fee Agreement Exhibit 7, List of Adjacent Property Owners ii TABLE OF CONTENTS Section Page APPENDIX Exhibit 8, P&Z Resolution No. 12, Series of 2012 Exhibit 9, Prior Application Vacation/ Refund Letter B. Exhibit 1 , Ray Taylor Affidavit Exhibit 2, Sopris Engineering Report C. Exhibit 1 , Consent to AspenModern Negotiation Period Exhibit 2, Tree Resource Evaluation iii I. INTRODUCTION The following application requests historic designation of the existing commer- cial/residential building located at 602 East Hyman Avenue pursuant to the City's AspenModern regulations (see Pre-Application Conference Summary, Exhibit 1, Appendix A, attached hereto). Historic Preservation Commission ("HPC") conceptual major development and commercial design review approval are requested to permit a modest expansion of the building's existing free market residential unit, and to construct a new stairway, elevator and enclosed garage at the rear of the building. Special review approval for the building's proposed trash/utility/recycle area, and two administrative growth management quota system ("GMQS") approvals are also requested. The application is submitted pursuant to Sections 26.415.025.C., 26.415.030.C., 26.415.070.D., 26.412.020, 26.575.060, and 26.470.060.3. and 4. of the Aspen Land Use Regulations (the "Regulations") by EB Building Aspen, LLC (hereinafter "Applicant"), the owner of the property (see Title Insurance Policy, Exhibit 2, Appendix A). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3, 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 4, 5, 6 and 7, respectively. Please note that conceptual commercial design review approval, and special review approval for the building's trash/utility/recycle areas, were granted to the Applicant by the Planning and Zoning Commission ("P&Z") for the construction of a third floor, residential addition to the existing building on June 19, 2012 (see Resolution No. 12, Exhibit 8, Appendix A). An application for GMQS and subdivision approval for the proposed addition was submitted to the Community Development Department 1 ("COMDEV") on October 15, 2012, As Section 26.304.030.F. of the Regulations prohibits COMDEV from accepting and reviewing more than one development application for a given property, the Applicant hereby vacates the pending GMQS/subdiv- ision application concurrent with the submission of this application (see Exhibit 9, Appendix A). 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. 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. II. PROJECT SITE The project site is legally described as Lots K and L, Block 99, City and Townsite of Aspen, and is located at the northeast corner of East Hyman Avenue and South Hunter Street. As the Improvement Survey on the following page illustrates, Lots K and L contain 6,002 square feet of "Lot Area" and are zoned C-1, Commercial. Improvements to the property consist of a two-story, concrete block building with a second floor deck and a partial basement; two landscaped courtyards fronting on Hyman 2 IMP_R_OVE_MENT & TOPOGRAPHIC SURVEY l LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 1 1 ,r 0.1el eL-'19IL a! 1 P {{{ FHC9 ?ILro\'T'r+ »ll;F�� sl7lvRR MARL( ` n rTYR.I CASRMIN 11 �1IZ'� _ •l 1 1� RAY$ u1L 313 tOlsl o �.� r \ , PROPERTY DESCRIPTION .. 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IL D, IN) UHCIDIr>LS S' DIRII PPUIF T I[F 4'R IUN F Y..4 LKLL T R.bSIN (Nt RI HI FNI 1 N'1' \RT OF SI TPRFP:\10.11 FY IF M ITt➢11 UTt E,0.ST LF 11}i.11 rjIF.I1LNf111111l21F W�W "'AI('f IN IIr 1It('IUl'UL5 -)I:(ANi>FMDALL,1WPTION'STO RLLLTH.1r.V44;1T 14211'WVI TPROPF.R111RF SIIOWN UL.3 ^ IIl:kT(kV TO TI(F ItFST OF MV KNON`LYIWk lN1)Pk 1.1k} O, ALEIS M& 't R 1= ILL IDLULS NO.1-S.MIiNA! »''� W`�ly :R li .L IDt'UUS tl' ti-DI,RANt-BRASS CAP '�.`^ ('R-1n N'.LIIXIJUI I _ LI Ft'—Wli I O iR-Ifi NO Flt I tq II NO. Dale R<vl• B' Prolen NO. 1RN EB BUILDING ASPEN.LLC. _ —G.",", CITY OF ASPEN,COLORADO 12046 —Tgi2'3 = PEAK /RN IMPROVEMENT&TOPO SURVEY Surveying,Inc. ALGUST c,_1013 LOTS K&L,BLOCK 99 D e I-iae RD cORlesU 602E.HYMAN AVENUE 14 n1n_s-ws� IHl1N'alv�l-±vsa �'°r 1 OF 1 °'^ +.wN'.Ixekauneyin�m.mum IMn.DWG Avenue; and a paved parking area located adjacent to the alley at the rear of the property. The parking area contains six conforming spaces. A decorative metal fence encloses the southwest courtyard. A wooden fence extends from the rear of the building to the alley along the project site's western property line. An electric transformer is located adjacent to the alley at the northwest corner of the property. Two small roofs located above the building's Hyman Avenue and Hunter Street entrances encroach into the adjacent street right-of-ways. Existing vegetation consists primarily of three large spruce trees which are located within the southwest courtyard and at the rear of the building behind the wooden fence. A small aspen tree and various ornamental trees and shrubs are located in the two courtyard areas. A site plan, floor plans, elevations and photographs of the existing building are provided on the following pages. As the existing floor plans illustrate, the building's basement and ground floor are presently devoted to office use, and contain approximately 1,653 and 2,175 square feet of net leasable area, respectively. A two-bedroom, free market dwelling unit containing approximately 1,531 square feet of net livable area and approximately 720 square feet of additional net leasable commercial area, which is presently used for office purposes, are located on the building's second floor. In total, the building contains approximately 4,548 square feet of commercial net leasable area. The building's existing floor area totals approximately 5,351 square feet. Approximately 401 square feet of the second floor office area contains a kitchen- ette which was apparently added without the benefit of required approvals, and which has been used from time to time as a so-called "Bandit" residential unit (see Affidavit, Exhibit 1, Appendix B). The two-bedroom, free market residential unit has existed since the building was constructed, and has historically been occupied by both non-residents and working residents of the community. As a result, the expansion of the unit is subject 4 z O N r Fr'NO IN iRCH ITISCTS 1!LC:C7RIi.AL LLO. P.O. BOx 2608 A6PBN 00 B161x W W W.20NEOMONiTECT6.6bM CONCRETE PAD- - F'tR TRASH CANISTFR mlcc ALLEY r PROPERTY BOUNDARY UTILITY MI-I T[fi i.... ,.m._..»___ .._.. .. "._._. _ .»__.._....._.-. __....._..._.._. _. ...-._1,.. _ _..._,_..., • TIE CYCLA6LE 11INS RETAINING of -,1- WALL aY 1)NPAVf-p". CBS AREA t 51D6WALI(..., I.AIVQ2iCAPE Wm Ix cQPY v � a OUTLINE OF _ T. .F.F.N TR Ear,�tT,�, WILDING ABOVE -UP :C � y I .7� L.� E L.+100b a 7-_ut � ♦ I t PNDR «.»"....., »...Ct... 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FORTH NORTH 6,—,N EXISTING BASEMENT LEVEL PLAN_ / EXISTING SITE PLAN EXISTING SITE 1 va^_Fo~ p� BASEMENT LEVEL PLAN a A 20ft 0 z O E r ANON iTIECTS Li P.01 BOX 2508 AGPIIN CO al al a WWW 20N1114ARCHITUCTS.00. it i1 � A2D4 04, '4,A2i STORAGE SHED CON CrREIF. .......... tMl) 1.)JLF. Up ON mDV +'1r11 I 1,'11,?1i L11TILAt'M_ ON -4 ____ _ I BEDROOM PWqR OUTLINE OF fX�F"-""W,- SOFFIT ABOVE CLOSET- SKYUGHT ABOVE OATH RMA A6OVF t; I L i _STER L(MU M�Lck. ATH JNV(It I BATH MASTER PWD BATH(c(lIPMERCIAL) "14 KITCHENETTE ON l"ONCi?i7(A)P Wit, 03 W 11VAM$AND t;ABOVE C -L 7:7= KASTER BEDROOM Azat> rFIT' A204> tlr ICI K OFEICE 01 BELOW _ Do LL BEAMS ABOVE VIP— BUILT-INS "'S'"I H NA LFAI•OCCORATIi PENCE f3 -———————-- LAJ ———— FIXED SCREEN OUTLINE OF 6 AMS AND BECK ABOVE OFFIT S ABOVE 4 01 -OUTLINE A2()A HECK SorFINE OF GUARDRAIL IT ABOVE OF 0i OUTLINE NEIGHBORING HALF WALL OUTLINE OF REAMS NE GHBORING BUILDING COURTYARD 8CLV PAVERS �QUR i ROOF ABOVE BELOW BU:LDING ;,o.F.r.MAIN LR�CL 1; N ON ———------- 'A* PLANTii PLANTER 1 Ha, n.�rw, ti..,� �......J. 04 SKYLIGHT A2 ABOVE LIVING ROOM OUTLINE OF BUILDING BELOW I. L 4F 'IND V UP ...GUARDRAIL ROOFBELOW ON l A204 Ol [}6772072 AMENDEb APP _ 02 10.122012SUSUIVISIONAl NORTH j -� § F u, o- NORTH EXISTING FIRST LEVEL FLOOR PLAN EXISTING SECOND LEVEL FLOOR PLAN CONCEPTUAL DESIGN 0 '-," —r. 8" V-G" 01 �iY, 2012 EXISTING FIRST/SECOND LEVEL FLOOR PLAN A201 11.1 Z O E NIIIIIIIIIIIIp- lAl L ARCHITECTS P.0. 0 x 2806 ASP a N c0 616102 ZoNH4ARONITIZGTO.cam E Lid 04 A204 OUILINEOF I Rock BELOW Me OUTLINE OF SKYLIGHT bl11 LINE OF HOiiF BELOW EXISTING ROOF (DRAINS TO INTERNAL OU MRS) 3 A204> 25 LAJ OUTLINE OF PARAPET DE(.�K BELOW COURTYARD OUTLINE OF NEIGHBORING A2G4 i BUILDING OUTLINE OF SKYLIGHT Al OUTLINE OF ROOF OUTLINE OF ROOF BELOW _02 Ri A-2.04 01 00.13^2012 AMENDED PPP 02 10,12.2012 SUBDIVI610N APP S ar CONCEPTUAL DESIGN NORTH D. EXISTING ROOF PLAN 01 MAY, 2012 EXISTING ROOF PLAN ..# oil Afi' 2 0 2 9G �...\ 2 O N IE F/7 Ippm-IL-7 T U C T S1 K �?' /•t. s C!, i ,) I _! - - - F P.O. BOX 2So6 0' BOX CO Bt 812 W W W.2ONB4MCH1iCGTm etlM y, y X t_L.L.LLL_i_LLL.LL 1 1_L_L_LLI_LLL_LL'I .0 L.L_t_I_L.LLI_LL ILLL LI `'+•'I LL1_ Li.l hL_L.L I_.L.L. l:.LLLt L L I LLI L.LL LL_I_LI_LI Lr L.LLI _ COURTYANO T, L.1_.(..L LL l_LL L 11LLL- L..LLLL_LLLLLL(.LI_L Q e a s CAIZ LL. a .LLl TOTAL.FLOOR AREA: 24VI.7;:F. - TOTAL FLOOR AREA. 2551 A S.F. L_LI (I. WET LEASABLE AREA: 404.E S.F. __.. �rosswm Mrl�ceo�uusl o . (OFFICE ft11 COMMERCAL) - - NET LEASABLE AREA: 2175.2 S.F. u ti w - (COMMERCIAL) NE'F LF,ASAHLE AREA: '31 J.fi S.N, u+ NONU . ,, NIT AREA: 101.0 S.F. °...0 `X L.._. ..... _ ((iSHI(E k21 COMMERCIAL) ,W •�— � NO LIVABLE AREA: lti30.6 S.F. OVERHANG AREA: 318.46.F. W ,I lRFOIDENTIAL) Y Lu NONUNIT AREA: Liri,3 S.F. OECK AREA: 21&7 S.F, NORTH NORTH C� QN[7 LEVEL AREA PLAN_ FIRST LEVEL AREA KLAN w+ 03 118 r.; 0202 1'8,,.1,-0,•I,-o• LEGEND 3 / I NET LEASABLE AREA I NET LIVABLE AREA ------------- :x w NONUNIT AREA R _„oy LL LL LL LLL �l_L:LLL DECK AREA MECH. y 1 06.11.2012 AMENDED APP. 02 10.12.2012 SUDDPNSION APP. `M OVERHANG AREA TOTAL EXISTING AREA: - -----°----- - F TOTAL FLOOR AREA: 5032.1 S.F. (DOES NOT INCLUOE OVERHANGS) ! v Y TOTAL FLOOR AREA: 5350.5 S.F. e: ;INCLUDING OVERHANGS) CONCEPTUAL DESIGN OVERHANGS: 318.4 S.F. ff TOTAL NONUNIT AREA: 257.9 S.F. / 01 MAY, 2012 z a TOTAL NET LEASABLE AREA: 4548.1 S.F. FLODRAREA: 197o.2 S.F. EXISTING FLOOR PLAN (COMMERCIAL) I«.or 9XROSEO wnu 1E ox.THEREFORE FLOOR AREA IS EXEMPT t ROM TOTM FLOOR AREA) AREA TOTAL NET LIVABLE AREA: 1530.8 S.F. NET LEASABLE AREA: 1652.5 S.F. (RESIDENTIAL) (COMMERCIAL) DECK AREA: 21 G.7 S.F. NORTH A t5 (EXEMPT•UNDER 15%OF LIVABLE AREA) 'T�BASEMENT LEVEL AREA PLAN 01 i G V8 �V Z 0 . H E I L A!R0 H r I 80x 2806 ASPUN CO 81612 ZO 4AROWMCM6.=M IF ET ' M Ely- --1 LLJ aT EXISTING EAST ELEVATION EXISTING SOUTH ELEVATION �G SO 1 el T- ---------- --------- 01 IOfi 13.2012 AMENDED APP, COWArRUAL LE PAIN-.- COMMERCIAL W*W# l CONCEPTUAL DESIGN 01 MAY,2012 ELEVATION EXISTING ,�Tl�GSO�UTH EL�E _��JX4 EXISTING EAST ELEVATION 01 ELEVATIONS A20%4 !i Z O N iE 4 L ARCH 1"C", uc. ,. .,, u �°• ' - q,:x: � ,,,+ iq ASPEN c o 8 1 6 1 2 ^ �M1a"° • t III P 7 I J�. fr I i Yla� I. "e ,� A ��• r� n. �' h , �`: ,t S_.a �. s;.ffy "4 ,. 1.3.E k 1 , Q � y� S Nom— im , , C�WEST-EXISTING SOUTH-EXISTING �t N ur e14 m ' i ra a A p � s " ^y + 4 „ v y ` 1• I ,' X i a t�s „$ q," 1 I: a ,v .,�. ..,� �''Wt. �M,��Y ��C "•`,� �'de"'8S a ��.e" MYi, All ,fill = .�. t `# 57' ✓ G F k n 02 t0.t22[H7 BUBCMNSION APP a _.l 'I II ttyy I r M r n l C ONCEP TUAL DESIGN 01 MAY,2012 ._. EXISTING BUILDING ; T� C3)_NORTH-EXISTING /0� NORTHWEST VIEW-EXISTING 5 W� I U to the requirements of Section 26.470.070.5 of the Regulations, "Demolition or Redevelopment of Multi-Family Housing". Existing development in the immediate site area includes the Victorian Square office building, which is located on the south side of Hyman 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 Vectra Bank building, which is located at the northwest corner of Hyman and Hunter; and an existing mixed-use building located across the alley at the rear of the property. An additional mixed-use building is located adjacent to and immediately east of the project site. The character of the immediate site area can be described as a mixed-use neighborhood containing a variety of commercial, office and residential land uses. As the attached Engineering Report prepared by Sopris Engineering, LLC indicates (see Exhibit 2, Appendix B), the existing building is served by all required utilities. Domestic water is currently provided via a one inch service line that connects to a main line located in Hyman Avenue. Sanitary sewer service is provided via a four inch line that connects to an existing main located in the alley at the rear of the property. Natural gas service to the building is also provided from an existing line in the alley, the meter for which is located in the vicinity of the northernmost spruce tree and the adjacent fence. Electric service is provided from the existing transformer located at the northwest corner of the property. Telephone service is provided from an existing pedestal located adjacent to the electric transformer. Stormwater runoff from the property's impervious surfaces currently discharges to the existing landscaped areas and the alley. The project site lies within the City's "Court House View Plane No. I", a designated Environmentally Sensitive Area. As the Improvement Survey illustrates, however, the view plane intersects the northeast corner of project site's rear property line 11 at an elevation that does not impact or otherwise limit the height of the Applicant's proposed development. III. PROPOSED DEVELOPMENT The Applicant proposes to expand the building's existing two-bedroom, free market residential unit to include the adjacent commercial area and an existing stairway that provides access to the second floor from the property's central courtyard. A modest, two-story addition to the rear of the building containing a one-car, enclosed garage and a common elevator and stairway assembly that will provide convenient access to all building levels is also proposed. In connection therewith, the Applicant proposes to historically designate the building consistent with the Regulations' AspenModern guidelines (see Consent to Negotiation Period, Exhibit 1, Appendix Q. The proposed expansion has been designed in compliance with the applicable requirements of the C-1 zone district, and is exempt from affordable housing mitigation requirements pursuant to Sections 26.710.150.D.12.e. and 26.470.060.3. and 4. of the Regulations. The expanded.,residential unit will_wwaia approximately 2,461 square feet of net. livable area. As the unit exceeds the C-1 zone district's 2,000 square foot net livable area limitation, the Applicant will provide one "Transferrable ,Development_fight Cert;i ,cate"at building permit to accommodate the unit's additional net livable area. The kitchen in the existing "Bandit" residential unit will be removed and the space incorporated in the expanded residential unit. The removal of the Bandit unit is exempt from the Regulations' multi-family replacement requirements pursuant to Section 26.470.070.5.8.d). As the following proposed site plan, floor plans and elevations illustrate, the ground level of the proposed addition will contain a new entry vestibule, and the 12 ® Z O N E `oT,E J3TPACONTOIIRBSNOWIIFOR REFER TOCI PURROSE9ONLY. REFER TO CI'JIL FOR PROPCI6ED ' :3pADR1G EIEVATgN4 __�; A R C H I T E C T S 7__ L L C. rvEW AREA ( -_----� �-�-��-� NEW2YMDDUMPBTEn--�'� P,0. BOX 2508 RELOCATED CONCRETE- - �— - --- ----- --I {-'- ALLEY PROPERTY BOUNDMY `:,gY ASPEN C O 8 1 8 1 2 BOLLARD ;PAVEDPMgNG Mw.I� NINVV IONE4ARCHITECTS.COM - - - - - - T - NEW FENCl TO uCREEN.-- __ _ �. ----------------------- •� +1.. 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LIFlRST LEVEL ER EXISTING GRADE TO RENAM FJ0.RTMG GRADE AT - - - -- flNIeH GMOE SEVONO YY FACMEBEVOND --�---- --- -- DfeWll by: I 2MF —_—_—_—_—_—_—_—_—_—___—_—_—_—_—_—_—_—_ 1 ` CONCRETE FOUNDATION BELOW HISTORIC DESIGNATION 9° _ _ _ _ _ APPLICATION V ---- --------_—_—_—_—_—_ TEL..BP-71/7" 11 JANUARY,2013 5 —————— ——— — — —_ T.O.OF.F.�. BASEMENT LEVEL PROPOSED ELEVATIONS 01 SCALE PROPOSED WEST ELEVATION n 1'-0" �F A305 ,1 Z O . N E L A R C H I T E C T S LLC. P.O. BOX 2508 ASPEN CO 81812 W WJ.ZONE4ARCHITECTS.COM NEIGHBORING BUILDING BEYOND WITH PROPOSED THIRD FLOOR MASSING c J i w O 7 2 w .. —.— JZ� 1 W!g to 11 j. WAR Q ILI oU)u r -wi - = c w =. Q w to uj _ t NOTE:PROPOSED SITE WORK HAS NOT BEEN ILLUSTRATED. a x i > s 3 2k �1 ALLEY PERSPECTIVE -VIEW TOWARDS SOUTHEAST BY REVISIONS DATE !p 1 �__ 0, .P --AM.I'._6.12 J 3'T -� 0] EV EDHP _01.11.13 6 ns Drawn by: Z4A HISTORIC DESIGNATION Y`q APPLICATION 11 JANUARY.2013 3= i!4 3� PERSPECTIVES w ' A306 j ;a I proposed elevator, stairway and garage. The building's recycling bins will be relocated behind a new fence to be installed along Hunter Street which will screen the bins and parking area from the neighboring sidewalk. The fence will also enclose the existing electric transformer. The building's existing dumpster will be relocated to a more accessible location adjacent to the alley and the proposed garage. The second floor addition is devoted primarily to common access/circula- tion elements. Approximately 111 square feet of the building's existing net leasable commercial area, however, will be relocated to the new second floor addition. The existing deck which protrudes over the courtyard at the southwest corner of the property i will be retained but reduced in size. The exterior stair that provides access thereto, will I be removed to enhance the courtyard's appearance and functionality. The existing stair I will be replaced with a new exterior stair to be constructed in the central courtyard. The I replacement stair is required to meet International Building Code requirements and will provide secondary access to the building's basement commercial space and the second floor, free market residential unit. The Applicant proposes to raise the height of a portion of the existing second floor roof approximately four feet to enhance the residential unit's livability, and to allow more abundant light to enter therein. The floor to ceiling height within the unit is presently approximately 7.5 feet measured to the bottom of its exposed ceiling beams. As the proposed roof plan illustrates, however, the raised portion of the roof has been setback from the building's perimeter walls to minimize its visibility from the adjacent streetscape. The maximum height of the expanded building will be approximately twenty-six feet, measured to the top of the new elevator/stairway assembly. As the area takeoffs on the following pages illustrate, The expanded building will contain a total floor area of approximately 6,184 square feet. The free market 19 Z O N E TOTAL FLOOR AREAS TOTAL p J < FLOOR AREA auveaaxu.uanoewwoe� 8183.SS.FT. rAo.L COMMERCIAL FLOOR AREA p NON-UMT AREA COMMERCIAL FLOOR AREA w 8n�«B.no��wirr RESIDENTIAL(FREEWARKET)FLOOR AREA Rcw�S�S^vryFT rt FREE MARKET RESIDENTIAL FLOOR AREA DECKAREA A R C H I T E C T S L L C GA RA GE FLOOR AREA OVERNANG AREA P.O. B Ox 2508 ASPEN CO 81612 WIN W20NE4ARCMTECTS.00M b FLOOR AREA'. 2,933.88"R ;o--esrmr rvuu[f o.Emwni OVERIANOAREA 0,0.qft FLOOR AREA. 2954.94 agR COMMERCIAL FLOOR AREA: IW8.53agR J iekwvr nwu>@iaFi� ————————— FT FREE MARKET RESIDENTIAL. 2024.84agR 215.79"R / / A R i W S OVERNANO AREAL FLOGq ARE 89.1" aF nc rawa+ aw.uwEUOam*11B1EFCRE 4Af n i EXTERIOR DECK STAIR AREA. 242.08"R � �*NE inalq R�onEn 1E�F1 EMEM•r itooq ARIA M s�cw+*m � W —EATERgR LS MO.AapVE ––_–– i —TED AS nEGK ON ROOF COMMERCIAL FLOOR AREA 2,488.38 sq rt j NON-UNIT AREA: 258.00 aq R I I O COMMERCIAL FLOOR AREA: 111.22"R I (--T) I Z NON-UNIT AREA: 385.70"R 0 p p p DECK 58.89"rt ( p p p p ,+w Lu NON-UNIT AREA 187.a3"R p p p p Iralcrl V e GARAGE AREA 338.88 aq R I p p p p J Q 6 W p I- to p p p p .S3sIQ!! p p p p p p Z IL>- Q O o w V F F p p /gyp p p p � � p p CYFit]BIAEs7 � ? _712, � Q Z WZ cc — - -- — //� - 7�pN 6 W� f Lu 3 COURTYARD n i COURTYARD I as f �c 8Y REVISIONS DATE 01 —ARPn:ATMli.2a12 3(3( L02 EVISEOKML 01.11.13 Tb a; K a; ag N HISTORIC DESIGNATION 9' SECOND LEVEL FLOOR AREA 2 FIRST LEVEL FLOOR AREA APPI-ICanoN 11 JANUARY,2013 £ 3 SCALE VB = S�A� g. _ ,�. LOWER LEVEL FLOOR AREA { SCALE. PROPOSED FLOOR AREA 3 s' A303a LEGEW Z O . N E TOTAL FLOOR AREAS TOTAL FLOOR AREA mauawww Herr o.xwerwan 8197.5 BO.FT. dL COMMERCUL FLOOR AREA O A NON�IINIT AREA COMMERCIAL FLOOR AREA wex�.ew��wu RESIDENTIAL(FREEWARKET)FLOOR AREA McZ 88.50' 'r mm"r FREE MARKET Ffl RESIDENTIAL FLOOR MEA OECKA.. A R C H I T E C T S L L C. GARAGE FLOOR AREA OVERHANG AREA P.O. B O X 2508 ASPEN CO 81612 W W W.ZONE4ARCHTECTS.COM e i J � W 0 w 5O Z ROOF DECK AREA: 242.41 Aq R ` w JZV- W20 � Z IL 5. a Q= Uyu aw = C w y Jloa 0 � mo — — — — -- — — - — Q w� i I W — 7 I O I ID e � N � O I p CO I E n I I I a I E' BYJ REVISIONS JDATE Bt Ni'C APPLICATION 11.]0.1] ' Bl EMBED NPC APP 01.1I.iJ �� E �I• 9� Drawn by: Z'A 2 D N HISTORIC DESIGNATION z� — APPLICATION ROOF LEVEL AREA 11 JANUARY,2013 0 I' 1 scALE v9^ = , PROPOSED FLOOR AREA A303b a Z O . N E LEGENQ TOTAL NET AREAS TOTAL NET LEASABLE AREA(COMMERCIAL) 3887.3 SOFT, d� ii NET LEASABLE AREA RESIDENTIAL(FREE MARKET)NET LIVABLE AREA 3480.5 SOFT. (COMMERGAL) om"mi r NET LIVABLE AREA (FREE MARKET) A R C H I T E C T 8 L L C P.O. BOX 2508 ASPEN CO 81612 WAW20NE4ARCHTECTS.COM C Y C a A NET aLIVABLE AREA: 2,460.47 p R NET LEASABLE AREA 2.258.37 p R NET LEASABLE AREA 1,612.85 p R ------- -- J NIIALI �c<wwEPt]KI tca�rnFACW.I I � 3 ( I L6T NET LEASABLE AREA'. 98.09 p R I Q iixxneEnou� GARAGE W W U> JQ J= s ' STAIR#1 z < 0 I _ UyU 5 x 11A1. / VFRTIRIII F xx 'QQ' /// O 111 Z W 5 IL i� W o / W / N CD s11. I COURTYARD C 8 3 COURTYARD r 8� r 'v €e BY REVISIONS DATE 3 O1 NPC APPIK:ATKIN II.]612 €€fit o? EV18ED NM APP 01.11.14 E ICI �L l a A' Drawn by: Z4A E� 1 V N N HISTORIC DESIGNATION APPLICATION 11 JANUARY.2013 SECOND LEVEL NET LIVABLE/LEASABLE AREA 2 FIRST LEVEL NET LIVABLE/ LEASABLE AREA LOWER LEVEL NET LIVABLE/ LEASABLE AREA PROPOSED NET LIVABLE/ e LEASABLE AREA og 3 2g A303cg �P 4� v €. residential unit and the above grade commercial areas will contain approximately 2,999 and 2,815 square feet, respectively, inclusive of their pro-rata share of the building's non-unit space. The building's net leasable commercial area will total approximately 3,997 square feet. As presently envisioned, no modification to its existing fenestration is proposed. The existing building's ground floor painted concrete block and second floor stucco finishes will be retained. Building materials for the proposed addition will also consist of concrete block and stucco. More detailed information with respect to building materials and proposed finishes will be provided in the Applicant's final HPC/commercial design review application. The building's commercial net leasable area will require the provision of four off- street parking spaces (i.e., 3,997 Sq. Ft. _ 1,000 = 4.0 Spaces). While no on-site parking is required for residential uses in a mixed-use building in the C-1 zone district, the proposed one-car garage will be reserved for the free market unit. As the proposed site plan illustrates, one additional space, which has been designed to meet ADA accessibility requirements, will be provided adjacent to the garage. Only one additional space can be provided given existing grade conditions and ADA access requirements. To address this issue, the Applicant requests that the HPC reduce the proposed development's commercial parking requirement to one space and that the payment-in-lieu fee for the parking reduction be waived as provided for in Section 26.415.110.D. of the Regulations. Should HPC fail to reduce the on-site parking requirement and/or waive the required payment-in-lieu thereof, the Applicant will pay the applicable fee. A payment-in-lieu of providing on-site parking is expressly permitted in the C-1 zone district pursuant to Section 26.515.030. Pursuant to Section 26.575.030.B. of the Regulations, mixed-use developments within the C-1 zone district are required to provide public amenity space in an amount 23 I I 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 HPC 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 1,500 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 1,040 square feet, or 17 percent of the project site, presently complies with the a pp licable 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. The two existing courtyards will comprise the majority of the project's public amenity space, both of which abut the adjacent sidewalks. An additional area of public amenity space will be created at the rear of the site and adjacent to the Hunter Street sidewalk as a result of the relocation of the fence that presently blocks the view of this area, and the relocation of the existing dumpster/trash bins to more screened locations. The proposed public amenity areas will be open to the sky; accessible to the public; and, with the exception of the existing courtyard at the southeast corner of the property, level with the sidewalk. The existing landscaping within the courtyards will be improved and the additional Hunter Street public amenity area will be landscaped, plans for which will be submitted with the Applicant's final HPC/commercial design review application. The project site's public amenity space will increase as a result of the removal of i the stair which currently abuts the existing second floor residential unit, and the i relocation of the existing fence which abuts the sidewalk at the rear of the property. As 1 1 24 1 I I Z 0 , N E d� ARCH I T<C T s LLC. P.O. BOX 2604 ASPKN Co of 6 1 X www.ZCNx4ARCNRiCra.Co E J W q a 9 ROOM COWEREMM I OFFC coMMEa nu E SUILDING I L�—J 3 y 2R�J r ----rr--- Ir----- a II II I I r I n II I I - I II II 0 r r LEGEND a icoMacrua – _---------- C R A D W 1 -� PUBLIC AMENITY AREA - -- - ---------- +-- E a r _ 5� p, �iC l AMENITY AREA: II —,� L- .: 01 .—i.2013AMENDEDAPP J "' 10.132013 SUBOMSION APPi � 03 a +c i� SITE PLAN CONCEPTUAL DESIGN s 01 MAY, 2012 0 EXISTING PUBLIC AMENITY SPACE NORTH EXISTING PUBLIC (01 AMENITY SPACE �3 °3 Pas 1 the proposed public amenity space plan illustrates, the removal of the stair and relocation of the fence will increase the project site's public amenity space to approximately 1,262 square feet, or 21 percent. No variance from the applicable public amenity space requirement, therefore, will be required. The Applicant's prior conceptual commercial design review application was approved subject to several conditions. Two of the conditions pertained to the building's public space s and the height of its third floor addition and were to be addressed g at final commercial design review. Conditions to be addressed in connection with the GMQS/subdivision application required: 1) the removal of a wall separating the recycling bins from the alley, 2) the provision of accessible sidewalks adjacent to the property, 3) compliance with the City's Urban Runoff Management Plan, and 4) lifecycle planning for the property's existing spruce trees. While the P&Z's conceptual conditions pertained to the Applicant's three-story development proposal, the three conditions that were to be addressed as part of GMQS/subdivision application are relevant to this application. As the proposed site plan illustrates, the wall which previously separated the recycling bins from the alley has been removed. With respect to the sidewalks, Sopris Engineering has designed a "bulb-out" within the Hyman Avenue/Hunter Street rights-of-way that will allow the installation of ADA compliant ramps. The proposed bulb-out, which is depicted on the site plan and addressed in detail in the attached Engineering Report, eliminates the need to regrade the existing sidewalks, and will not adversely impact the adjacent spruce trees. i The impact of lowering the sidewalks on the trees was a specific concern identified by the Parks Department during conceptual commercial design review and is addressed in detail in the attached Tree Resource Evaluation prepared by Aspen Tree Service, Inc. (see Exhibit 2, Appendix Q. The Tree Resource Evaluation essentially I 26 1 1 I Z Ti1,YaY ANY}a ftgxb4L EtY Hyr.�..fb4IEN E W.NN.ObI tl-MLCyY. 'o 0 m 0 �m c W C) jD m Z U) In m I C INFA „D D v i N K O Zo m 0 -U nW m n _ y-10 ' b7 ' Z �� g5 cy n0 o " Z-Di o z D 1 1 1 JE12 m N a EB BUILDING ASPEN LLC =fix 1-4 Rm S ma °m ASPEN, CO 81611 o ma,o -4 0�o ..i....:..wa..w,o...�...a..n..n�..0...,taa._�n.n..,..�.�,. iu......mm..,...,w..............+..,........w.r....nw..a...�...,..�c..v...u..w. ,..nu....,...cu..ao i N CI N 9 :D D n O � o ? C A A m 602 EAST HYMAN REMODEL v o om 0 m () y+yZm I t'o I— EB BUILDING ASPEN LLC =fix 1-4 602 606 608 EAST HYMAN AVENUE ma °m ASPEN, CO 81611 0-po 0 ma,o -4 0�o ..i....:..wa..w,o...�...a..n..n�..0...,taa._�n.n..,..�.�,. iu......mm..,...,w..............+..,........w.r....nw..a...�...,..�c..v...u..w. ,..nu....,...cu..ao i N CI N m concludes that the three existing spruce trees "...are in overall poor health, and ... are not likely to be viable on the site for more than 5-10 more years with or without development impacts. " The poor condition of the trees notwithstanding, the Applicant would like to retain the trees for as long as reasonably possible. The proposed accessible sidewalk solution and the elimination of the third floor addition will eliminate the most significant adverse impact to the trees, and implementation of the recommendations contained in the Tree Resource Evaluation will hopefully contribute to their lifespan. The Applicant will provide a Tree Protection Plan at building permit submission as recommended in the evaluation. Should removal of one or more of the trees be required in the future based on the arborist's recommendation, the Applicant will apply for a tree removal permit and comply with the City's applicable mitigation requirements. The Engineering Report also addresses compliance with the City's Urban Runoff Management Plan, a detailed plan for which will be submitted with the Applicant's building permit application. The proposed development complies with all of the dimensional requirements of the C-1, Commercial, zone district. The height of the proposed rooftop addition is less than the maximum allowed, while the project's pedestrian amenity space exceeds the minimum required. The project's total cumulative floor area is also 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 be met via a combination of on-site spaces and, in the event required, a cash-in-lieu payment. The project's development data, and its compliance with the C-1 zone district's dimensional requirements, is summarized in Table 1, on the following page. 28 Table 1 Development Data Lots K and L, Block 99, Aspen Townsite 1. Existing Zoning C-1, Commercial 2. Existing Lot Size (Sq. Ft.)' 6,002 3. Existing Lot Area for Density/Floor Area 6,002 Purposes (Sq. Ft.)2 4. Existing Development Office/Residential Floor Area (Sq. Ft.)' 5,351 Basement -- Ground Floor 2,870 Second Floor 2,481 Net Leasable Area (Sq. Ft.)4 4,548 Basement 1,653 Ground Floor 2,175 Second Floor Net Livable Area (Sq. Ft.)5 1,531 Second Floor 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) 28 10. Maximum Proposed Height (Feet)6 26 11. Minimum Required Pedestrian Amenity Space 29 Percent 17 Area (Sq. Ft.) 1,040 12. Proposed Pedestrian Amenity Space Percent 21 Area (Sq. Ft.) 1,262 13. Maximum Allowable Cumulative Floor 15,005 Area @ 2.5:1 (Sq. Ft.) Commercial Uses @ 1.5:1 9,003 Free Market Residential @ 0.5:1 3,001 14. Proposed Cumulative Floor Area (Sq. Ft.) 6,184 Commercial Uses 2,815 Free Market Residential 2,999 15. Proposed Floor Area Ratio 1.03:1 16. Maximum Allowable Free Market Residential 2,000 Net Livable Area (Sq. Ft.)' 17. Proposed Net Livable Area (Sq. Ft.)' 2,461 18. Proposed Net Leasable Commercial' 3,997 Area (Sq. Ft.) 19. Minimum Required Parking Spaces 4 Commercial Uses @ 1 Space/1,0008 4 Sq. Ft. Net Leasable Area Free Market Residential No Requirement 20. Proposed Parking Commercial Uses 1 Free Market Residential 1 ' Per the Improvement Survey Plat prepared by Peak Surveying, Inc. dated August 15, 2012. 30 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. `' Measured to the top of the new elevator/stairway assembly. 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. s Pursuant to Section 26.515.030, may be met via a payment-in-lieu. HPC may reduce the applicable parking requirement and waive all or part of the permitted payment-in-lieu thereof. As discussed previously, all required utilities are available in the immediate site area and are either adequate or may be easily upgraded to serve the proposed develop- ment. All utility extensions will be located underground, and appropriate easements will be dedicated to the various public utilities in the event required. IV. REVIEW REQUIREMENTS The proposed development requires City Council approval to historically designate the 602 East Hyman property, and HPC conceptual major development/commercial design review and special review approval for the proposed addition to the existing building located thereon. Two administrative GMQS approvals are also required. Each of the these review and approval requirements is addressed below. A. Historic Designation The existing building is currently included on the City's AspenModern Map. As a result, it is eligible for consideration for inclusion in the Aspen Inventory of 31 Historic Landmark Sites and Structures. The designation of AspenModern properties to the inventory is subject to compliance with Section 26.415.030.0. In order to be designated as an example of AspenModern architecture, this section of the Regulations states in part that "... an individual building, site structure or object ... must have a demonstrated quality of significance". The specific review criteria to be used in determining "quality of significance" are as follows. At least two of the criteria 1. through 4., and criteria 5. must be met. - - - - 1. The property is related to an event, pattern or trend that has made a contribution to local, state, regional or national history that is deemed important, and the specific event, pattern or trend is identified and documented in an adopted context paper; 2. The property is related to people who have made a contribu- tion to local, state, regional or national history that is deemed important, and the specific people are identified and documented in an adopted context paper; 3. The property represents a physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman, or design philosophy that is deemed important and the specific physical design, designer, or philosophy is documented in an adopted context paper; 4. The property possesses such singular significance to the City, as documented by the opinions of persons educated or experienced in the fields of history, architecture, landscape architecture, archaeology or a related field, that the property's potential demolition or major alteration would substantially diminish the character and sense of place in the City as perceived by members of the community; and 5. The property or district possesses an appropriate degree of integrity of location, setting, design, materials, workmanship and association given its age. According to the City's Historic Preservation Officer, the City's building permit records suggest that a one-story, concrete block building was constructed on the southwest corner of the site in 1950 and occupied by a furniture store. The building is 32 believed to have contained approximately 1,128 square feet, was possibly own- er/contractor designed, and was most likely somewhat nondescript in its appearance. A ground floor addition is believed to have been added in approximately 1964, and a plate glass window was installed on the building's south facade. In 1966, noted local architect Eleanor "Ellie" Brickham designed a two- story addition for the western portion of the property, and her architectural "aesthetic" appears to have been carried over to the adjacent one-story portion of the building. In 1968, a second floor was added above the original structure which emulated the 1966 two-story addition. Ms. Brickham's name however does not appear on the 1968 addition's building permit. Pictures of the 1966 and 1969 additions are included in the Pre-Application Conference Summary (see Exhibit 1, Appendix A). The City's historic preservation program includes official context papers about the Post WWII architectural styles that have influenced the City, including Modernism. The AspenModern context paper describes Modernism as a style of architecture that began in the 20th century as a result of a clear philosophical shift in design, practices and attitudes. Ellie Brickham is listed therein as an "Architect of Note" who completed significant works in Aspen and is considered to have left an imprint of the philosophies of the Modernist period on the town. The following information regarding Ellie Brickham is found in the City's AspenModern context paper. "Ellie Brickham (1923-2008) moved to Aspen in 1951 after attending the University of Colorado's School of Architect from 1941-1944. Construc- tion was a family business, and her motivation to become a designer began as a child. She was attracted by the skiing, but found herself the only female architect in until Ellen Harland arrived in 1958. Early in her career, Brickham worked in Fritz Benedict's office and collaborated on projects with both Benedict and Bayer, participating in work going on at the Aspen Institute. Like Benedict, she had a strong interest in passive solar techniques. During her time in that office and, 33 later, in her own practice out of her home, she designed a number of residences and commercial buildings in town, including houses for several Music Festival artists in Aspen Grove, the elegantly simple brick Strandberg Residence (1973, 422 Bleeker Street-demolished) and the Patricia Moore Building (1963, 610 E. Hyman Avenue). In Pitkin County, she designed numerous homes in pitkin Green and Starwood, on Red mountain, including her own house (1955), with south and west walls made completely of glass. Her works, which total at least sixty in the Aspen area, are generally characterized by spare, simple forms and minimal detailing, Brickham's projects focus on an "impeccable sense of proportion and feeling of lightness" according to a 1977 Aspen Times article. " While Ellie Brickham apparently did not design the entire 602 East Hyman building, its architectural character is heavily tied to her. Again, according to the City's Historic Preservation Officer, "It is a very good representation of 1960's architecture in the downtown, and is in the heart of the collection of modernist buildings in the 500 through 700 blocks of East Hyman Avenue, including the Mason and Morse, Benton Studio, the Patricia Moore gallery, the Crandall building, and the Aspen Athletic Club". As discussed in the AspenModern context paper, Ellie Brickham was a significant practitioner of Aspen's Modernist architectural movement, having contributed numerous examples of Modernist architecture to the City's built environment. Portions of the existing 602 East Hyman building are attributable to her and its architecture is indicative of the Modernist aesthetic that contributed to Aspen's history. Her contributions were further recognized in 2001 by the HPC who presented her with a "Preservation Honor Award". In addition, the existing building represents a physical design that embodies the distinctive characteristics of the Modernist design philosophy, and possesses an appropriate degree of integrity of location, setting, design, materials, and association given its age. As presently envisioned, the majority of the building's exterior will be retained in essentially its current configuration. The Applicant's proposed changes to the 34 building are limited primarily to a modest addition adjacent to the alley which is required primarily for accessibility purposes, and an increase in a portion of the building's second floor ceiling height. Based on the above, we believe that the proposed historic designation complies with review criteria 1., 3. and 5. B. Major Development Conceptual Approval The proposed addition to the 602 East Hyman building will require HPC major development approval pursuant to Section 26.415.070.D. of the Regulations. To obtain approval, the HPC must find that the addition complies with the City of Aspen Historic Preservation Design Guidelines. The City's Historic Preservation Officer has indicated that the following guidelines apply to conceptual major development approval. The applicable guidelines, and the proposed development's compliance therewith, are summarized below. 7.1 Preserve the original form of a roof. • Do not alter the angle of a historic roof. Instead, maintain the perceived line and orientation of the roof as seen from the street. • Retain and repair roof detailing. While the Applicant proposes to raise a portion of the building's roof to increase the ceiling height in the second floor residential unit, the height of the raised roof element will be limited to approximately four feet. As the proposed roof plan illustrates, the raised roof element has been set back from the existing roof perimeter so as to minimize its visibility from the surrounding streetscape. The existing perimeter roof detailing will be retained and repaired in the event required. 7.3 Minimize the visual impacts of skylights and other rooftop devices. • Flat skylights that are flush with the roof plane may be considered only in an obscure location on a historic structure. Locating a skylight or a solar panel on a front roof plane is not allowed. 35 • A skylight or solar panel should not interrupt the plane of a historic roof. It should be positioned below the ridgeline. As presently envisioned, no traditional skylights are proposed. The raised portion of the roof, however, will contain additional glazing to enhance the livability of the residential unit. 7.6 When planning a rooftop addition, preserve the overall appearance of the original roof. • An addition should not interrupt the original ridgeline. No interruption of an original ridgeline is proposed. 10.3 Design a new addition such that one's ability to interpret the historic character of the primary building is maintained. • A new addition that creates an appearance inconsistent with the historic character of the primary building is inappropriate. • An addition that seeks to imply an earlier period than that of the primary building is also inappropriate. • An addition that seeks to imply an inaccurate variation of the primary building's historic style should be avoided. • An addition that covers historically significant features is inappropriate. As the proposed elevations illustrate, the addition is limited in scope, is located adjacent to the alley, and is required to meet applicable accessibility require- ments. The addition does not significantly obscure the building's historic features, is consistent in appearance therewith, and will not impede the ability to interpret the historic character of the existing building. 10.4 Design a new addition to be recognized as a product of its own time. • An addition should be made distinguishable from the historic building, while also remaining visually compatible with these earlier features. 36 • A change in setbacks of the addition from the historic building, a subtle change in material or a differentiation between historic, and more current styles are all techniques that may be considered to help define a change from old to new construction. While the proposed addition essentially emulates the massing and architectural character of the existing building, subtle variations in building materials and/or their appearance may be utilized to address this criteria. Detailed information with respect to building materials will be provided with the Applicant's final HPC/Com- mercial Design Review application. 10.6 Design an addition to be compatible in size and scale with the main building. • An addition that is lower than or similar in height of the primary building is preferred. The proposed addition is compatible in size and scale with the existing building. 10.7 If it is necessary to design an addition that is taller than a historic building, set it back substantially from significant facades and use a "connector" to link it to the primary building. • A 1-story connector is preferred. • The connector should be a minimum of 10 feet long between the addition and the primary building. • The connector also should be proportional to the primary building. No connector element is proposed as the height of the addition is essentially consistent with that of the existing building. 10.8 Place an addition at the rear of the building or set it back from the front to minimize the visual impact on the historic structure and to allow the original proportions and character to remain prominent. • Locating an addition at the front of a structure is inappropriate. 37 • Additional floor area may also be located under the building in a basement which will not alter the exterior mass of a building. • Set back an addition from primary facades in order to allow the original proportions and character to remain prominent. A minimum setback of 10 feet on primary structures is recommended. The proposed addition has been located at the rear of the property and adjacent to the alley. 10.9 Roof forms should be similar to those of the historic building. • Typically, gable, hip and shed roofs are appropriate. • Flat roofs are generally inappropriate for additions on residential structures with sloped roofs. The proposed addition will have flat roofs consistent with the existing building. 10.10 Design an addition to a historic structure such that it will not destroy or obscure historically important architectural features. • For example, loss or alteration of architectural details, cornices and eavelines should be avoided. The proposed addition will not result in a significant loss or alteration of the existing building's architectural details. 10.11 On a new addition, use exterior materials that are compatible with the historic materials of the primary building. • The new materials should be either similar or subordinate to the original materials. The proposed addition's building materials will be either similar or subordinate to those of the existing building. Detailed information with respect to building materials will be provided with the Applicant's final HPC/Commercial Design Review application. 38 C. Commercial Design Review Pursuant to Section 26.412.020 of the Regulations, all mixed-use development within the City with a commercial component requiring a building permit is subject to commercial design review. The HPC is the applicable review authority for historically designated properties. Pursuant to Section 26.412.050, an application for commercial design review approval must comply with the requirements of the City's Commercial, Lodging and Historic District Objectives and Guidelines (the "Guidelines") and the Commercial Design Standards contained in Section 26.412.060. 1. Commercial, Lodging and Historic District Design Objectives and Guidelines. The project site is located in the Guidelines' Commercial Character Area. The applicable design guidelines to be address at conceptual review, and the proposed development's compliance therewith, are summarized below. a) Street Grid 1.1 Orient a primary entrance toward the street. The existing building's primary entrances are oriented to East Hyman Avenue. Secondary entrances are provided from South Hunter Street and at the rear of the building. 1.2 Maintain the established town grid in all projects. The proposed development maintains the City's established street and alley grid pattern. No changes to the established town grid are proposed. b) Internal Walkways 39 1.3 Public walkways and through courts should be designed to create access to additional commercial space. No public walkways or through courts are proposed with the property. C) Alleys 1.5 The visual impacts of structured parking should be minimized. A one-story, one-car garage is proposed adjacent to the alley at the rear of the property, the visual impact of which will be minimal. d) Parking 1.6 Structured parking should be placed within a "wrap" of commercial and/or residential uses. As noted above, only a one-car garage is proposed, the visibility of which will be minimal when viewed from Hunter Street. No additional commercial or residential uses are proposed. e) Street Facing Amenity Space 1.8 A street facing amenity space shall i) abut the public sidewalk, ii) be level with the sidewalk, iii) be open to the sky, iv) be directly accessible to the public, and v) be paved or otherwise landscaped. The two existing courtyards will comprise the majority of the proposed development's public amenity space, both of which abut the adjacent sidewalks. An additional area of public amenity space will be created at the rear of the site and adjacent to the Hunter Street sidewalk as a result of the relocation of the fence which presently blocks the view of this area, and the relocation of the existing dumptster and 40 recycling bins to more screened locations. The proposed public amenity areas will be open to the sky; accessible to the public; and, with the exception of the existing courtyard at the southeast corner of the site, level with the sidewalk. The existing landscaping within the two courtyards will be improved and the additional Hunter Street public amenity area landscaped, a plan for which will be submitted with the Applicant's final HPC/commercial design review application. 1.9 Street facing amenity space shall contain features to promote and enhance its use. The two street facing courtyards will contain street furniture and other features to enhance their use. A landscaping plan depicting such features will be submitted with the Applicant's final HPC/commercial design review application. f) Mid-Block Walkway Amenity Space 1.10 Mid-block walkways shall remain subordinate in scale to traditional lot widths. 1.11 A mid-block walkway should provide public access to i) additional commercial space, and ii) to uses located at the rear of the property that are commercial in nature. No mid-block walkways are proposed. The existing building, which is to be retained, abuts the adjacent building to the east. g) Alley Side Amenity Space 1.12 An alley side amenity space shall be designed to i) provide direct public access to commercial space at ground or through second floors, ii) maximize solar access to the alley side amenity space, iii) enhance the attractiveness and use of the rear alley, and iv) minimize the adverse impacts of adjacent service and parking areas. No alley side amenity space is proposed. 41 h► Second Level Amenity Space 1.13 A second floor amenity space should i) ensure consis- tent public access, ii) be dedicated for public use, iii) provide a public overlook and/or an interpretive marker, and iv) be identified by a marker at street level. 1.14 Second level space should be oriented to maximize solar access and views to the mountains or other landmarks. 1 .15 Second level space should provide public access by way of a visible and attractive public stair or elevator from a public street, alley or street level amenity space. 1 .16 Second level dining may be considered. No second level amenity space is proposed. i) Front Yard Amenity Space 1.17 Front and side yard amenity space should be provided in the context of a historic one-story residential type building. The building's existing street facing courtyard's are to be retained. The proposed new side yard public amenity space abutting the Hunter Street sidewalk is consistent with that typically provided with a historic one-story residential type building. The landscaping plan to be submitted with the Applicant's final HPC/commercial design review application will also address the additional public amenity area to be provided adjacent to Hunter Street. D Setbacks 1.18 Maintain the alignment of facades at the sidewalk's edge. 1.19 A building may be set back from its side lot lines in accordance with design guidelines identified in Street and Alley System and Public Amenity Space guidelines. 42 No changes are proposed to the portions of the building's footprint which face Hyman Avenue and Hunter Street, sections of which presently abut the adjacent sidewalks. k) Building Orientation 1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. The existing building's street facing facades parallel Hyman Avenue and Hunter Street. The building's primary entrances are oriented toward the street. 1.21 Orient a new building to be parallel to its lot lines, similar to that of traditional building orientations. The front of a primary structure shall be oriented to the street. Both the existing building and the proposed addition adjacent to the alley parallel the property's lot lines. 1) Height Variation 1.22 Building facade height shall be varied from the facade height of adjacent buildings of the same number of stories by a minimum of two feet. 1.23 A new building or addition should reflect the range and variation in building height of the Commercial Area. 1.24 Height variation should be achieved using one or more of the following: i) vary the building height in accordance with traditional lot width, ii) set back upper floors to vary building facade profile(s) and roof forms across the width and depth of the building, iii) vary the facade (or parapet) heights at the front, iv) step down the rear of the building towards the alley, in conjunction with other design standards and guidelines. The proposed addition will be limited to two stories and is consistent in height with other commercial structures in the CC and C-1 zone districts. 43 The height of the proposed addition and raised second floor roof is substantially lower than the adjacent building to the east. m) Height Variation for Larger Sites 1.25 On sites comprising more than two traditional lot widths, the facade height shall be varied to reflect traditional lot width. 1 .26 Buildings on sites comprising more than two traditional lot widths shall achieve a minimum of two of the following: i) variation in height of building modules across the site, ii) variation in massing achieved through upper floor setbacks, the roofscape form and variation in upper floor heights, iii) variation in building facade heights or cornice line. These two design guidelines do not apply as the project site consists of only two townsite lots. �.. n) Height Adjacent to Historic Structures 1.27 A new building should step down in scale to respect the height, form and scale of a historic building within its immediate setting. The existing mixed-use building located adjacent to and immediate- ly east of the 602 East Hyman building is presently being considered for historic designation. A substantial addition is also proposed in connection therewith. The 602 East Hyman building and the Applicant's proposed addition thereto are significantly lower than the adjacent building. 1.28 New development adjacent to a single story historic building that was originally constructed for residential use shall not exceed 28 feet in height within 30 feet of the side property line adjacent to the historic structure within the same block face. This design guideline does not apply. The existing building is not located adjacent to a single-story historic building. 44 2. Commercial Design Standards a) Public Amenity Space As discussed previously, the project site's public amenity space will increase as a result of the removal of the exterior stair which currently provides access to the deck abutting the existing second floor residential unit, and the relocation of the existing fence which abuts the sidewalk at the rear of the property. The removal of the stair and relocation of the fence will increase the project site's public amenity space to approximately 1,262 square feet, or 21 percent. No variance from the applicable public amenity space requirement, therefore, will be required. The applicable commercial design standards for the provision of public amenity space, and the proposed development's compliance therewith, are summarized below. i) The dimensions of any proposed on-site public amenity allow for a variety uses and activities to occur considering any expected tenant and future potential tenants and uses. As the existing building is to be retained, little opportunity exist to reconfigure the two street-facing courtyards. Their dimensions, however, will accommodate a variety of uses and activities to occur therein. ii) The public amenity contributes to an active street vitality. The two courtyards will contribute to an active street vitality. The street-facing courtyards enjoy exception views of Aspen Mountain, will contain public seating, and can accommodate a variety of activities associated with the potential uses of the adjacent commercial spaces. 45 iii) The public amenity, and the design and operating characteristics of adjacent structures, rights-of-way, and uses contributes to an inviting pedestrian environment. The existing courtyards will be improved to enhance their attractiveness to pedestrians. A landscape plan depicting the proposed improvements will be submitted with the Applicant's final HPC/commercial design review application. iv) The proposed amenity does not duplicate existing pedestrian space created by malls, sidewalks, or adjacent property, or such duplication does not detract from the pedestrian environment. The existing courtyards do not duplicate existing pedestrian space in the immediate site area. V) Any variation to the Design and Operational Standards for Pedestrian Amenity, Section 26.575.030.F., promote the purpose of the pedestrian amenity requirements. No variations from the pedestrian amenity standards of Section 26.575.030.F. are requested. b) Utility, Delivery and Trash Service Provision The applicable commercial design standards for the provision of utility, delivery and trash service areas, and the proposed development's compliance therewith, are summarized below. i) A utility, trash and recycle service area shall be accommodated along the alley meeting the minimum standards established by Section 26.575.060 Utility/Trash/Recycle Service Areas, unless otherwise estab- lished according to said section. As the existing site plan illustrates, the building's utility meters are located on an exterior wall at the northwest corner of the building. The building's 46 recycle receptacles are located behind the proposed fence and adjacent to the existing parking area. The existing dumpster has been relocated adjacent to the alley and proposed garage. Pursuant to Section 26.412.060.B., a utility/trash/recycle service area meeting the requirements of Section 26.575.060.A. must be provided along and accessible from the alley at the rear of the project site. A minimum of 20 linear feet with a minimum vertical clearance of 10 feet and minimum depth of 10 feet at ground level is required. Given the constraints imposed by the existing building and the fact that it does not abut the alley, a variation from these standards is requested. The proposed utility/trash/recycle service areas, however, represents a substantial improvement over the existing situation, and comply with the functional intent of the above standard. Special review approval to vary the applicable dimensional requirements is requested and is addressed in the following section of this application. The utility service area will remain in its current location adjacent to the west side of the building. As the proposed site plan illustrates, the building's existing dumptster will be relocated adjacent to the alley and garage. A new screen wall which will be set back from the Hunter Street sidewalk will connect to a new screened enclosure for the existing electrical transformer. The building's recycling bins will be located adjacent to the new wall and transformer enclosure. The screen wall will shield the recycling bins and surface parking area, and permit the provision of additional public amenity space adjacent to the Hunter Street right-of-way. The proposed utility/trash/recycle service areas will be adequate to accommodate the expanded building's needs, and area a significant improvement over the current facilities both from a functional and visual perspective. The proposed utility/ trash/recycle areas will now be directly accessible from the alley for service purposes. 47 ii) All utility service pedestals shall be located on private property and along the alley. Easements shall allow for service provider access. Encroachments into the allleyway shall be minimized to the extent practical and should only be necessary when existing site conditions, such as a historic resource, dictate such encroachment. All encroachments shall be property licensed. All utility service pedestals will be located within the project site. No pedestals will be located within the alley right-of-way. iii) Delivery service areas shall be incorporated along the alley. Any truck loading facility shall be an integral component of the building. Shared facilities are highly encouraged. Delivery access will be available directly from the alley via the proposed entry vestibule at the rear of the building. The adjacent elevator will provide convenient access to all building levels. No truck loading facility is required or pro- posed. iv) Mechanical exhaust, including parking garage ventila- tion, shall be vented through the roof. The exhaust equipment shall be located as far away from the Street as practical. In the event required, mechanical exhaust equipment will be located on the building's roof and screened from public view. V) Mechanical ventilation equipment shall be accommodat- ed internally within the building and/or located on the roof, minimized to the extent practical and recessed behind a parapet wall or other screening device such that it shall not be visible from a public right-of-way at pedestrian level. New buildings shall reserve adequate space for future ventilation and ducting needs. In the event required, mechanical ventilation equipment will be located on the building's roof and screened from public view. 48 D. Special Review As discussed in the previous section, a utility/trash/recycle service area meeting the requirements of Section 26.575.060.A. of the Regulations cannot realistically be provided. The requirements, however, may be reduced by the HPC. The applicable review criteria, and the proposed development's compliance therewith, are summarized below. 1. There is a demonstration that given the nature of the potential uses of the building and its total square footage, the utility/trash/recycle service area proposed to be provided will be adequate. The existing building is presently served by an unenclosed two cubic yard dumpster and several recycling containers located behind the wooden fence and adjacent to the parking area at the rear of the property. The proposed trash/recycle areas will accommodate the building's existing dumpster and the recycling bins. The building's existing utility meters will be retained in their current location. Space need not be provided within the service area for an electric transformer as a transformer presently exists at the northwest corner of the property. No new commercial area is proposed and the existing proposed utility/trash/recycle service areas will be adequate to accommodate the expanded free market residential unit. 2. Access to the utility/trash/recycle service area is adequate. Access to the proposed service areas is provided directly from the alley. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. While the proposed trash area is unenclosed, the dumpster to be located therein will be readily accessible at grade from the alley. 49 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other development in the block. Trash compaction is neither feasible nor warranted given the limited nature of the proposed development. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. The building's existing utility meters and services are located at the rear of the building on an unenclosed exterior wall. Relocation of this utility area is neither warranted or required. 6. Adequate provisions are incorporated to ensure the construc- tion of the access area. This criteria is not believed to be applicable. E. Growth Management The proposed development will require two administrative GMQS approvals. Section 26.470.070.5., "Demolition or Redevelopment of Multi-Family Housing", does not apply as no "demolition" as defined in the Regulations is proposed. The required approvals, and the proposed development's compliance therewith, are addressed below. 1. Change in Use of Historic Landmark Sites and Structures Pursuant to Section 26.470.060.3. of the Regulations, the change in use between the development categories identified in Section 26.470.020 of a property, structure or a portion of a structure designated as an historic landmark shall be approved, approved with conditions or denied by the Community Development Director if no more 50 than one (1) free market residence is created. As the Applicant proposes to convert the building's existing second floor commercial space to residential use, approval pursuant to this provision of the Regulations is required. Assuming the property is historically designated, the proposed conversion complies with the applicable approval criteria as the space is to be incorporated in the existing residential unit and no more than one free market residence is proposed. 2. Minor Enlargement of a Historic Landmark for Commercial, Lodge or Mixed-Use Development Pursuant to Section 26.470.060.4.,the enlargement of a property, structure or portion of a structure designated as an historic landmark for commercial, lodge or mixed-use development shall be approved, approved with conditions or denied by the Community Development Director. The applicable criteria, and the proposed development's compliance therewith, are summarized below. a) If the development increases either floor area or net leasable space/lodge units, but not both, then no employee mitigation shall be required. The existing building's total floor area will increase from approximately 5,351 to 6,184 square feet. No increase in the building's net leasable commercial area is proposed. b) If the development increases both floor area and net leasable space/lodge units, up to four (4) employees generated by the additional commercial/lodge shall not require the provisions of affordable housing. An expansion generating more than four (4) employees shall not qualify for this administrative approval and shall be reviewed pursuant to Section 26.470.070.1. The proposed development does not increase both floor area and net leasable space. 51 C) No more than one (1) free market residence is created. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. The expanding building will contain only one free market residential unit. 52 E CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970.429.2758 DATE: 11.16.12 PROJECT: 602 E. Hyman Avenue, Lots K and L, Block 99 REPRESENTATIVE: Vann Associates, Jeffrey Halferty Design DESCRIPTION: 602 E. Hyman is a mixed use building, constructed beginning in 1960. The owners are interested in an interior remodel to expand an existing free market apartment. The property currently includes commercial space in the basement, first, and second floors, a bandit unit on the second floor, and a free-market unit on the second floor. An addition may occur along the alley to improve circulation for the building and to add an elevator. Some covered parking may be proposed. The applicant is proposing to convert the entire second floor to one free-market residential unit, removing the small commercial space and the bandit unit that currently exist on the second floor. The basement and first floors are proposed to remain commercial The owner is considering pursuing the necessary land use approvals through the AspenModern process, which is voluntary landmark designation with the opportunity to receive historic preservation benefits. The primary benefit that is applicable to this project is the allowed floor area allowance of .5:1 FAR for Free-Market Residential uses (non-historic properties are permitted .5:1 Free-Market Residential FAR only if equal amounts of affordable housing is developed on site). Relief from floor area restrictions, residential unit size caps, parking waivers and numerous other development regulations can be discussed in the negotiation process, although it appears that the project will not entail a significant build out of the site. The first step is conceptual design review and landmark consideration by the Historic Preservation Commission. The board would conduct the design review according to the Commercial, Lodging and Historic District Design Objectives and Guidelines and the Historic Preservation guidelines. HPC is the deciding body on the design issues, but makes a recommendation to Council on designation and AspenModern incentives. The applicant will approach City Council for adoption of an AspenModern ordinance, then return to HPC for final design review. Administrative growth management reviews for Change in Use and Minor Enlargement of a historic Structure are also required. The AspenModern process requires the Council ordinance to be adopted within 90 days of land use application submittal. Council can extend that timeframe, and would need to in this case given the likelihood of delays in getting onto board agendas. Staff would approach Council with an extension request even before the HPC meeting occurs. An important aspect of the proposal will be demonstrating the historic significance of the building. Research of the building permit files suggests that a one story concrete block building was constructed on the southwest corner of this site in 1960, as a furniture shop. It was approximately 1,128 square feet in size, was possibly owner/contractor designed, and was probably somewhat non- descript. A ground floor expansion appears to have been built in 1964, and a plate glass window was installed on the south fagade. In 1966, noted local architect Ellie Brickham designed the two story portion of the building that sits in the middle of the lot. It appears that her aesthetic was carried somewhat onto the one story portion of the building, based on the next page of photos from the Assesor's office; October 1967. Note that Ellie Brickham designed the building pictured to the east, Patricia Moore's gallery, in 1963. i win= IXL • • c ra> • . a • • • • • • • • • • In 1968, a second floor was added directly on top of the original structure. Ms. Brickham is not identified on the permit. The second floor built at that time is shown in this 1975 photo. • �Lj,E• h w'��° � �5 r r'� ai x t x (fi • • • • • • • _ I • The architectural character of this building is heavily tied to Ellie Brickham, but she did not design the structure in its entirety. It is a very good representation of 1960s architecture in the downtown, and is in the heart of the collection of modernist buildings in the 500s through 700s blocks of E. Hyman Avenue, including the Mason and Morse, Benton Studio, the Patricia Moore gallery, the Crandall Building, and the Aspen Athletic Club. Staff suggests that, in designing the proposed new stair and elevator addition, the architect should attempt to do so without concealing any more of the Ellie Brickham addition than necessary, even along the alley. Guidance on specific application contents follows. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.415 Historic Preservation, Major Development, AspenModern, Benefits 26.415.060.3 Administrative Growth Management, Change in Use in an Historic Landmark 26.470.060.4 Administrative Growth Management, Minor Enlargement of an Historic Landmark for Commercial, Lodge or Mixed Use Development 26.515 Off-street parking 26.575.020 Calculations and Measurements 26.575.060 Utility/trash/recycle service area 26.610 Impact fees 26.710.150 C-1 Zone District Review by: Staff for completeness, HPC, Council Public Hearing: Yes, at HPC and Council Referral Agencies: Engineering, Housing, Parks, and Environmental Health Planning Fees: $1,890 for 6 billable hours (additional hours are billed at $315 per hour) Referral Agency Fees: $265 for 1 hour of Engineering (time over 1 hour is charged at $265 an hour) $945 each for Housing, Parks, and Environmental Health referrals Total Deposit: $4,990 ❑ Proof of ownership. ❑ Signed fee agreement with payment. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ 10 Copies of the complete application packet and maps. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) ❑ A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. List of adjacent property owners within 300' for public hearing ❑ Copies of prior approvals. ❑ Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT Owner°s Policy. of Title Insurance — Schedule A Issued by Name and Address of Title Insurance Company: Westcor Land Title Insurance Company, 201 N. New York Avenue, Suite 200,Winter Park,Florida,32789 State:CO County: PiTKIN Address Reference:602 E.HYMAN AVE,ASPEN, CO 81611 File No.: PCT23415W7 Policy No.:OP-6-CO1045-2752804 Amount of Insurance:$6,700,000.00 Premium:$ 11,060.00 Date of Policy:June 20,2012 @ 11:57 AM Simultaneous#:LP-13-001045-2752805 Reinsurance# 12-202 1. Name of Insured:EB BUILDING ASPEN LLC,a Texas limited liability company 2.The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3.Title is vested in: EB BUILDING ASPEN LLC,a Texas limited liability company 4.The Land referred to in this policy is described as follows: LOTS K AND L, BLOCK 99, CITY AND TOWNSITE OF ASPEN STATE OF COLORADO Issued By Authorized Signatory SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT23415W7 June 20, 2012 @ 11:57 AM OP-6-CO1045-2752804 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Any facts, rights, interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession,or claiming to be in possession,thereof. 2. Easements, liens,encumbrances,or claims thereof,which are 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 that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien,or right to a lien,is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes;or, (d)water rights, claims or title to water(see additional information page regarding water rights),whether or not the matters excepted under(a), (b), (c)or(d)are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records 7. Any service, installation,connection, maintenance or construction charges for sewer,water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments(not including condominium or homeowners association assessments or dues) for the year 2012 and subsequent years only,a lien not yet due and payable. 9. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 113 and Book 79 at Page 11, providing as follows:"That no title shall be hereby acquired to any mine of gold, silver,cinnabar or copper or to any valid mining claim or possession held under existing laws". 10. Mineral reservations as contained in Deeds recorded in Book 105 at Page 228 and Book 115 at Page 407. 11. Easement granted to the City of Aspen for Electric and Communication Utilities, recorded June 16, 1976 in Book 313 at Page 281 as shown on the Improvement Survey prepared by Aspen Survey Engineers dated March 12,as Job Number 21092. 12. Deck,overhang, building encroachments as shown on Improvement Survey prepared by Aspen Survey Engineers, Inc. dated March 12 as Job No. 21092. 13. Deed of Trust from : EB BUILDING ASPEN LLC, a Texas limited liability company To the Public Trustee of the County of PITKIN For the use of :TOLLESON PRIVATE BANK, a Texas banking corporation Original Amount : $5,360,000.00 Dated :June 18, 2012 Recorded :June 20, 2012 Reception No. : 589982 Assignment of Leases and Rents given in connection with the above Deed of Trust recorded June 20, 2012 as Reception No. 589983. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5(WATER RIGHTS). EXHIBIT November 19, 2012 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 Historic Designation of the existing commercial/residential building located at 602 East Hyman Avenue and such other land use approvals as may be required for the development of Lots K and L, Block 99, City and Townsite of Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertain- ing to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, EB BUILDING ASPEN, LLC rj, L- Daniel L. Hunt c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 d:\oldc\bus\city.1tr\1tr58912.jg5 EXHIBIT LAND USE APPLICATION APPLICANT: Name: c�/"J 1—Y-J1«ZA1C7c Location: Gaz Sr /-1-fly/ (Indicate street address, lot&block number, legal description where appropriate) 1'�rrrel ID #(REQUIRED) �7 72-1V,' /0<=4t53 REPRESENTATIVE: Name: �N Address: © Z 7 tea' C 2/ Phone#: S' G-qS'8 PROJECT: Name: Address: Phone#: /y TYPE OF APPLICATION: (please check all that apply): ��Special nditional Use E] Conceptual PUD Conceptual Historic Devt. Review ❑ Final PUD(& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA(& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision [� Historic Designation ❑ ESA-8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment /- 6s1<7A1 EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. PROPOSAL: (description of proposed buildings, uses,modifications,etc.) Hav you attached the following? FEES DUE: $�7'-� [pre-Application Conference Summary #1,Signed Fee Agreement 0__Attachment Response to Attachment#3, Dimensional Requirements Form Response to Attachment#4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM \ Project: �,,�Z�. .l�/'��t��/ ✓d; 9�' �iY / Applicant: � GV4e::V Location: Zone District: Lot Size: Cct�Z Lot Area: caoZ (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: Proposed.• 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: Variations requested: EXHIBIT MWIM 1 1 Agreement to Pay Application Fees Anagreement between the City of Aspen ("City")and Property EB Building, Aspen, LLC Phone No.:(214)415-9979 Owner("I"): Email:Cristin@unityhunt.com Address of 602 East Hyman Avenue Billing cto Cristin Adam,Esq. Property: Aspen, CO 81611 Address: Unity Hunt, Inc. (subject of (send bills here) 1601 Elm St.,Suite 4000 application) Dallas,TX 75201 I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. 1 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. $,975 flat fee for APCHA (Housing) $975 flat fee for Environmental Healtt $ 975 flat fee for Parks $ 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 full 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. $ 1 ,950 deposit for 6 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$265 per hour. City of Aspen: Pr7 Own r: Chris Bendon Community Development Director }� il Name: U G•�1 C I i I U n City Use: 5140 Title: Fees Due:., Received:$ EXHIBIT Easy Peel®Labels ♦ Bend along line to i '+J' Use Avery®Template 51600 Feed Paper �� expose Pop-up EdgeTM j 308 HUNTER LLC 4 SKIERS LP 517 EAST HOPKINS AVENUE LLC 490 WILLIAMS ST 1108 NORFLEET DR 517 E HOPKINS AVE DENVER, CO 80218 NASHVILLE,TN 372201412 ASPEN,CO 81611 520 EAST COOPER PTNRS LLC 530 HOPKINS LLC 610 EAST HYMAN LLC 402 MIDLAND PARK 5301/2 E HOPKINS C/O CHARLES CUNNIFFE ASPEN,CO 81611 ASPEN, CO 81611 610 E HYMAN AVE ASPEN,CO 81611 630 EAST HYMAN LLC 633 SPRING II LLC 635 E HOPKINS LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 532 E HOPKINS ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81611 ALPINE BANK ASPEN ARCADES ASSOCIATES LTD LLC ASPEN ART MUSEUM ATTN ERIN WIENCEK C/O KRUGER&CO ST 590 N MILL PO BOX 10000 400 E HYMAN AVE ASPEN, LL 81611 GLENWOOD SPRINGS,CO 81602 ASPEN,CO 81611 ASPEN BLOCK 99 LLC ASPEN CORE VENTURES LLC ASPEN PLAZA LLC 532 E HOPKINS AVE 418 E COOPER AVE#207 PO BOX 1709 ASPEN,CO 81611 ASPEN,CO 81611 C/O STEVE MARCUS ASPEN,CO 81612 AUSTIN LAWRENCE CONNER LLC AVP PROPERTIES LLC BASS CAHN 601 LLC 532 E HOPKINS AVE 630 E HYMAN AVE#25 PO BOX 4060 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612 BATTLE GERALD LIVING TRUST BAUM ROBERT E BERN FAMILY ASPEN PROPERTY LLC HIXON BURT LIVING TRUST PO BOX 1518 65 FIRST NECK LN PO BOX 2847 STOCKBRIDGE, MA 01262 SOUTHAMPTON, NY 11968 NEWPORT BEACH,CA 92659 BG SPRING LLC BISCHOFF JOHN C BOOGIES BUILDING OF ASPEN LLC 300 S SPRING ST#202 502 S VIA GOLONDRINA C/O LEONARD WEINGLASS ASPEN,CO 81611 TUCSON,AZ 85716-5843 534 E COOPER AVE ASPEN,CO 81611 BORGIOTTI CLAUDIO BPOE ASPEN LODGE#224 CHATEAU ASPEN CONDO ASSOC 9610 SYMPHONY MEADOW LN 210 S GALENA ST#21 630 E COOPER AVE VIENNA,VA 22192 ASPEN,CO 81611 ASPEN, CO 81611 CHATEAU ASPEN UNIT 21-A LLC CICUREL CARY CITY OF ASPEN 421 ASPEN AIRPORT BUSINESS CTR 2615 N LAKEWOOD ATTN FINANCE DEPT STE G CHICAGO, IL 60614 130 S GALENA ST ASPEN, CO 816113551 ASPEN,CO 81611 Easy Peelw Labels i ♦ Bend along ine to i ® i Use Avery19 Template 51600 Feed Paper '� expose Pop-up EdgeTM I AVERY® 5160® i J 1 CJAR LLC COLORADO CABLE COOPER STREET DEVELOPMENT LLC 2514 LAKE MEAD DR 500 PRESIDENT CLINTON AVE#310 C/O PYRAMID PROPERTY ADVISORS LAFAYETTE,CO 80026 LITTLE ROCK,AR 72201 418 E COOPER AVE#207 ASPEN,CO 81611 DUNN JUDITH A REV LIV TRUST EDGETTE JAMES J&PATRICIA ELKS LODGE 224 8051 LOCKLIN LN 19900 BEACH RD STE 801 210 S GALENA ST STE 21 COMMERCE TOWNSHIP, MI 48382 JUPITER ISLAND, FL 33469 ASPEN,CO 81611 ERGAS VENESSA BLAIR&CLAUDE EXELCEDAR INC 20% FERRY JAMES H III PO BOX 4316 534 E HYMAN AVE BOX 167 ASPEN, CO 81612 ASPEN, CO 81611 GLENCOE, IL 60022-0167 FITZGERALD FAMILY PARTNERSHIP LTD FURNGULF LTD GELD LLC C/O PITKIN COUNTY DRY GOODS LLC A COLO JOINT VENTURE C/O LOWELL MEYER 520 E COOPER 616 E HYMAN AVE PO BOX 1247 ASPEN,CO 81611 ASPEN,CO 81611 ASPEN,CO 81612-1247 GOFEN ETHEL CARO TRUSTEE GONE WEST LLC GOODING SEAN A 80%&RICHARD L 455 CITY FRONT PLAZA 401 W CENTER 20% CHICAGO, IL 60611 SEARCY,AR 721451406 C/O PARAGON RANCH INC 620 E HYMAN AVE#1 E ASPEN,CO 81611 GREENWAY COMPANY INC GROSFELD ASPEN PROP PART LLC HIMAN LLC 666 TRAVIS ST#100 10880 WILSHIRE BLVD#2222 PO BOX 6159 SHREVEPORT, LA 71101 LOS ANGELES,CA 90024 SWANBOURNE WA 6010 AUSTRALIA, HOPKINS DEV LLC HORSEFINS LLC HUNTER PLAZA ASSOCIATES LLP 345 PARK AVE 33RD FLR 601 E HOPKINS AVE 205 S MILL ST#301A NEW YORK, NY 10154 ASPEN,CO 81611 ASPEN,CO 81611 JARDEN CORPORATION JENNE LLP JOSHUA&CO REAL ESTATE HOLDINGS 2381 EXECUTIVE CENTER DR 1510 WINDSOR RD LLC BOCA RATON, FL 33431 AUSTIN,TX 77402 300 S HUNTER ST ASPEN,CO 81611 JOYCE EDWARD LCT LP TENNESSEE LIMITED PARTNERSHIP T 5 LLC PO BOX 1310 RITCHIE CT PO BOX 101444 PO BOX 7755 CHICAGO, IL 60610 NASHVILLE,TN 37224-1444 ASPEN,CO 81612 MALLARD ENTERPRISES LP MARTELL BARBARA MASON& MORSE INC 317 SIDNEY BAKER S#400 702 E HYMAN AVE 514 E HYMAN AVE KERRVILLE,TX 78028 ASPEN, CO 81611 ASPEN,CO 81611 Etiquettes faciles a peler ; A Repliez h la hachure afm de ; www.avery.com UtiliSez le gabarit AVERI(®5160 Sens chr dent reveler le rebord Pop-up"K ! 1-800-GO-AVERY Easy Peel®Labels A Bend along line to 11 o AVERY® 5160® Use AveryO Template 51600 Feed Paper �� expose Pop-up EdgeTm 1 MATTHEWS ZACHARY MCMURRAY WILLIAM&HELEN MIAO SANDRA PO BOX 10582 29 MIDDLE HEAD RD 9610 SYMPHONY MEADOW LN ASPEN,CO 81612 MOSMAN NSW 2088 VIENNA,VA 22182 AUSTRALIA, MORRIS ROBERT P MYSKO BOHDAN D NATTERER HELEN 600 E HOPKINS AVE STE 304 615 E HOPKINS 67 BAYPOINT CRIES ASPEN,CO 81611 ASPEN,CO 81611 OTTAWA ONTARIO CANADA K2G6R1, NIELSON COL STEVE&CAROL D NONNIE LLC OBERHOLTZER JORDAN 501 S FAIRFAX PO BOX 565 PO BOX 10582 ALEXANDRIA,VA 22314 ASPEN,CO 81612 ASPEN,CO 81612 OLITSKY TAMAR&STEPHEN P& L PROPERTIES LLC PITKIN CENTER CONDO OWNERS PO BOX 514 101 S 3RD ST#360 ASSOC GWYNEDD VALLEY, PA 19437 GRAND JUNCTION, CO 81501 517 W NORTH ST ASPEN,CO 81611 PITKIN COUNTY BANK 80% REUSS/LIGHT LLC REVOLUTION PARTNERS LLC 534 E HYMAN AVE PO BOX 5000 PO BOX 1247 ASPEN,CO 81611 SNOWMASS VILLAGE,CO 81615 ASPEN,CO 81612 ROTHBLUM PHILIP&MARCIA RUST TRUST RUTLEDGE REYNIE 40 EAST 80 ST#26A 9401 WILSHIRE BLVD#760 51 COUNTRY CLUB CIR NEW YORK, NY 10075 BEVERLY HILLS,CA 90212 SEARCY,AR 72143 SCHNITZER KENNETH L&LISA L SHUMATE MARK SILVER DIP EQUITY VENTURE LLC 2100 MCKINNEY AVE#1760 BLDG 421 G ABC 2100 MCKINNEY STE 1760 DALLAS,TX 75201 ASPEN,CO 81611 DALLAS,TX 75201 SJA ASSOCIATES LLC SNOWMASS CORPORATION STERLING TRUST COMP 418 E COOPER AVE#207 174 CALLAWASSIE DR 2091 MANDEVILLE CYN RD ASPEN,CO 81611 OKATIE, SC 29909 LOS ANGELES,CA 90049 STEWART TITLE CO SUITE 300 OFFICE LLC SWEARINGEN WILLIAM F C/O JENNIFER SCHUMACHER 567 SAN NICOLAS DR PENTHOUSE 450 CONWAY MANOR DR NW PO BOX 936 NEWPORT BEACH, CA 92660 ATLANTA,GA 303273518 TAYLORSVILLE, NC 28681 TENNESSEE THREE TENNESSEE THREE RENTALS THOMPSON ROSS&LYNETTE PO BOX 101444 C/O J H COBLE 1502 GREYSTONE DR NASHVILLE,TN 37224-1444 5033 OLD HICKORY BLVD CARBONDALE,CO 81623 NASHVILLE,TN 372184020 Etiquettes faciles A peler ; A Repliez A la hachure afin de i www.averycom Utilisez le gabarit AVERY®51600 1 rhaenamant r6veler le rebord Pop-upmc 1-900-GO-AVERY ! Easy Peel®Labels A Rend along line to 11 Q AVERY® 5160 Use Avery®Template 51600 Feed Paper expose Pop-up Edger"" 1 TOMKINS FAMILY TRUST TREUER CHRISTIN L TROUSDALE JEAN VICK 520 E COOPER AVE#209 981 E BRIARWOOD CIR N 611 E HOPKINS AVE ASPEN,CO 81611 LITTLETON,CO 80122 ASPEN,CO 81611 VICTORIAN SQUARE LLC WAVO PROPERTIES LP WEIDEL LAWRENCE W 418 E COOPER AVE#207 512 1/2 E GRAND AVE#200 PO BOX 1007 ASPEN, CO 81611 DES MOINES, IA 50309-1942 MONROE, GA 30655 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 k1cluettes faciles A peter Repiiez a la hachure afin de ; www.avery.com ; Utilisez le gabarit AVERY®51600 Sens de,,, reveler le rebord Poo-uomc ! 1-900-GO-AVERY ! EXHIBIT RESOLUTION N0. 12, (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING \' COMMISSION APPROVING CONCEPTUAL COMMERCIAL DESIGN REVIEW AND SPECIAL REVIEW FOR THE TRASH / UTILITY / RECYCLE AREA, FOR A REMODEL AND ADDITION CONSISTING OF COMMERCIAL AND RESIDENTIAL SPACE FOR THE PROPERTY LOCATED AT 602 E HYMAN AVE, LEGALLY DESCRIBED AS LOTS K & L, CITY AND TOWNSITE OF ASPEN,PITKIN COUNTY, COLORADO. Parcel ID:2737-182-12-003 WHEREAS, the Community Development Department received an application from Daniel L Hunt, represented by Sunny Vann of Vann Associates, LLC requesting of the Planning and Zoning Commission approval of Conceptual Commercial Design Review, and Special Review for the Trash/Utility/Recycle Area, to remodel the existing building and add third floor addition for a project that will include a mix of commercial space, affordable housing, and free-market residential; and, WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the Commercial Design Standards and the Special Review Standards for the Trash/Utility/Recycle Area; and, WHEREAS, the Applicant amended the application on June 13, 2012 for the June 19, 2012 Planning and Zoning hearing,which staff recommended in favor of; and, WHEREAS, during a duly noticed public hearing on June 19, 2012, the Planning and Zoning Commission approved Resolution No. 12, Series of 2012, by a five to zero (5 — 0) vote, approving Conceptual Commercial Design Review and Special Review for the Trash/Utility/Recycle Area; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein;and, WHEREAS, the Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director,the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, the Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the Resolution No 12, Series 2012 Page I of 3 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 Conceptual Commercial Design Review, and Special Review for the Trash/Utility/Recycling Area, with the following conditions: A. The applicant shall work with the Engineering, Building, Parks, and Planning Departments to address the ability to create an accessible sidewalk along this property between Conceptual and Final Design Review. A final solution shall be presented with the Subdivision and Final Commercial Design Review. B. The Final Commercial Design Application shall address the specific improvements proposed in the Public Amenity spaces located on the site. These will be reviewed and must be approved by the City Parks Department. C. Remove the wall between the recycling bins and alley to ensure adequate access to the bins. D. The Final Commercial Design Application shall address the height of the third story addition, and explore ways to minimize the perception that the third story appears out of proportion with the existing building. Drawings illustrating the Conceptual Commercial Design Review are attached as Exhibit A to the Resolution. Section 2: Engineering The applicant shall address compliance with the City's Urban Runoff Management Plan as part of the Subdivision and Final Commercial Design Review. Section 3: Parks There shall be no plantings within the City ROW which are not approved by the City Parks Department and the Engineering Department. Parks is concerned with any improvements to the sidewalk area. The applicant has expressed interest, . and is supported by Parks, in saving the larger spruce trees planted within the Hunter Street courtyards. Changes in elevation on Hunter and Hyman will have impacts to the success of these trees. These shall be addressed in the Subdivision and Final Commercial Design Review The applicant must work closely with the City Forester in order to reduce conflicts between the development of the third floor and the existing trees. Resolution No 12, Series 2012 Page 2 of 3 The Applicant shall include information on the Parks Department requirements related to tree replacement as part of the Final Commercial Design Application. The applicant should also consider lifecycle planning for the large on-site trees. Section 4: General The applicant shall comply with all applicable City of Aspen Codes. Nothing in this conceptual approval negates the Applicant's requirements to meet other sections and requirements of the Municipal Code. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 6: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 19th day of June, 2012. APPROVED AS TO FORM: PLANNI AND ZONING Co" S N: Deb Quinn,Assistant City Attorney U Erspamer, Chair ATTEST: IYL ckie Lothian,Deputy City Clerk Resolution No 12, Series 2012 Page 3 of 3 EXHIBIT November 19, 2012 Ms. Jessica Garrow Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Vacation of 602 East Hyman Avenue GMQS/Subdivision Application Dear Ms. Garrow: Please consider this letter a request to formally vacate my application for GMQS/sub- division approval for my property located at 602 East Hyman Avenue in the City of Aspen. Please refund the application's planning fee of $7,560.00 and the referral fees of $2,785.00 less any expenditures to date incurred by the Community Develop- ment Department in connection with the processing of the application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, EB BUILDING ASPEN, LLC Daniel L. Hunt c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 d:loldclbuslcity.1tr11tr58912.jg6 EXHIBIT l AFFIDAVIT OF RAY TAYLOR I, Ray Taylor, being first duly sworn, hereby depose and say: 1. I am a general partner in Taylor Family Investments, RLLP, which entity is the record owner of that certain commercial property known and described as Lots K and L, Block 99, City and Townsite of Aspen, Colorado, aka the Taylor Building (the "Property"). My family has owned the Property for over 40 years. 2. The Property is under contract of sale to Daniel L. Hunt and/or his assigns ("Buyer"), with a closing scheduled to take place in the next several weeks. 3. Buyer, through the offices of Sunny Vann of Vann Associates LLC, has submitted an application for Conceptual Commercial Design Review approval to the City of Aspen Community Development Department in connection with the existing building on the Property (the "Application"). 4. The Application contains several factual representations regarding the Property, which are based on discussions I had with Sunny Vann. I submit this Affidavit in support of those representations. 5. The building on the Property contains an approximately 1,500 square foot two bedroom, free market residential unit and an approximately 400 square foot office which contains a kitchenette and bathroom. 6. The free market unit was constructed with the original building in the 1960's, and has historically been occupied by various working residents of the community. 7. The kitchenette and bathroom in the small office were installed at a later date, without the benefit of City approvals, and the space has been used from time to time as both an office and as a so-called."bandit" residential unit. I declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge. FURTHER AFFIANT SAYETH NOT. Dated this?-2-day of May, 2012. Ray Ta for [Acknowledgment on Following Page] STATE OF COLORADO ) ) ss. COUNTY OF G--LT/9- ) The foregoing Affidavit was subscribed and sworn to before me this day of May, 2012, by Ray Taylor. VONNIE M.KENT Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO ` Expires:No tuber 16,2013 My commission expires: Notary Public 5608119_1 January 7, 2013 Sunny Vann EXHIBIT Vann Associates, LLC Z P.O. Box 4827 Basalt, CO 81621 Subject: Conceptual Engineering Analysis-602 E. Hyman Avenue Subdivision Application SE Project No. 12153 Dear Mr. Vann, Sopris Engineering has prepared this letter to summarize our conceptual engineering findings in regards to the proposed remodel of the existing building located at 602 E. Hyman within the City of Aspen. This report focuses on utility services to the building, compliance with the City of Aspen's Urban Runoff Management Plan (COA URMP), and site grading challenges for ambulatory access. The information outlined within this letter was based on site plans prepared by Zone 4 Architects and an existing survey performed by Peak Survey, Inc. Project Description: The proposed remodel of the existing building at 602 E. Hyman will include interior renovations, stairwell addition, expanding the basement and adding an elevator along the north side of the existing building. The final product will consist of commercial space at the ground level and a residential unit at the second 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 stormwater mitigation measures that will be required in order to be in compliance with the COA URMP. Exhibit A has also been provided for illustrational support. 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 proposed site plan provided by Zone 4 Architects was used to estimate the total amount of impervious area and associated water quality capture volume. The results indicate that 105+/- c.f. of water quality volume will be required. The approach to providing this treatment volume would be to incorporate rain gardens within several of the proposed landscaping areas. Roof runoff, which consists of the majority of the impervious area, would be routed to the southeast landscape area via roof drains. This landscaping area would be treated as a rain garden. The southwest paver patio and surrounding access walks would be treated with rain gardens proposed within landscaping pockets along the west side of the site. Site constraints along the north end of the property may require a narrow trench drain to convey runoff to the northwest landscaping/rain garden area. A drainage report outlining the stormwater mitigation approach for this project will be submitted with the building permit application. 1502 Main Street Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 j civil consultants January 7, 2013 SE Job# 12153 Fee-In-Lieu of Detention is an option for this project since the site is located within the downtown core and the proposed impervious area will be less than what exists today. 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 limited available space for providing a traditional detention facility it has been assumed that this project will likely move forward with the FIL option. Based on the impervious area outlined on the current site plan the FIL for this project has been estimated at $23,100+/-. Utilities: Discussions have commenced with various utility providers. This section describes the status of this coordination. Exhibit B has also been provided for illustrational support. • Gas: Source Gas is the provider of natural gas in this area. They have agreed that the service to the building can be split to provide two separate meters. They have also agreed that the existing meter can be abandoned and new meters and service lines can be relocated to avoid potential damage to the root system of the existing conifer tree located at the northwest corner of the property. New service lines will be routed from the gas main which is located within the alley north of the subject property. Electric: An existing transformer, owned by the City of Aspen Electric Department, has been located at the northwest corner of the property. This transformer serves the subject property as well as the property to the east. The City of Aspen Electric Department has indicated that it will not be a problem to provide two meters to the renovated building. • Telephone: Century Link is the provider of telephone service in this area. They have informed us that existing telephone pedestal #601 which is located at the northwest corner of the property has ample pairs to provide multiple services to the building. It is suggested that new conduit be routed from this pedestal to the new IT location within the building. 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 is currently being served via a 4" CIP or VCP that is tied to the main sewer line approximately 3-ft east of the manhole located within the alley north of the subject property. The integrity, location and material type shall be verified prior to construction. The depth of the main line within the sewer manhole was found to be approximately 6'-10" deep. Since an elevator is proposed it is likely that the associated sump pit will be pumped up to the gravity sewer service. F502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SopRRIS EHG`iINmm; • LLC r.ivil con-mitants January 7, 2013 SE Job# 12153 • Water service is currently being provided to the subject property via a 1" service line off the main line along Hyman Avenue. This service line will need to be upsized to a 4" line to provide fire suppressant flows to the building. Given the multiple users within the building two meters are proposed within the mechanical room; one to meter the commercial and affordable housing component and one to serve the residential unit at the upper level. Ambulatory Access: An ADA parking stall will be required along the north side of the building. Cuts of up to 2' will be required within this area to make the existing parking stall comply with ADA standards of a maximum slope of 2%. Care must be taken to minimize the damage to the root system of the existing spruce tree immediately west of the proposed ADA stall. An ADA route from this parking stall to the building has been identified and it is illustrated on Exhibit B. The existing southwest corner of the Hyman Avenue/Hunter Street intersection currently has several steps to gain access to existing sidewalk elevation and ground floor of the building along the north side of Hyman Avenue and east side of Hunter Street. The City's Engineering and Building Department have requested ADA compliant corridors of travel in both the north/south and east/west directions. The City's Forestry Department and Planning Department have requested that construction activities be sensitive to the health of the spruce tree located in the SW corner of the site, and thus that disturbances to the root structure be limited to a minimum amount possible. Given the elevation change from the street to the finished sidewalk, if ramping were to occur within the existing street curb constraints, grade cuts would be necessary that would affect a large portion of the tree root system to a degree that would seem to place the health of the tree at risk and destabilize the mass of the tree. SE's proposal is to create a bulb- out at this corner of the intersection that would shift the grade change away from the root system, and allowing ADA compliant ramps to be installed while minimizing adverse effects to the root system. These improvements are illustrated on Exhibit B. O RQ PLC {' 12 377, 71 �byy.J4ich(11'.. AG G . ��rxxxtt�t� End: Exhibit A Exhibit B 1502 Main Street Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-0313 Aft SOPRIS ENGINEERING * LLC civil r.on-mItantG LEGEND / PPOPOSED R06 t PPDP06E0 CONCRETE � / POIENIL1l RAN `` �� II A* 6'CONCRETE o GARDEN MTNM - `�..-_�... / OARDEWBIOiETENTION�LL �a o OR APPROVED ECUK LANDSCAPING AREA D oy WO SURFACE 3 VARIES PRORO6ED PERMEABLE PAVERII F TOP OF WALL _'--��r TYIOPOSEID,'MDE iREMYi DRAM } •te' ZZ J Lf.TO EE INSTALLED KONG Q m 7922- f 5 r E�.D�ENS1WO ALLEY S8 .t 18•GROW MEDIA FLOW 01-17IOi 8'MINA SEE NOTE 1 / �� AGGREGA[E r GE O TEXTILE SEPARATOR .'ABR(C SEE NOTE 2 IMPERMEABLE LINER Zi 51E NOTE 3 Wa a o / T CONCEPTUAL ON-SITE DRAINAGE SUMMARY: ,I L E%I6TIMi MPERNOA ARE.I.8.la6F. uNOE mnMN z z S 2 J= >. TOTAL6ITEAREA-G.M F. C7 p 3Q s; < 3. P06T�vELa++EN TOTK6wERVeou6AREA.sa scs. WATER QUALITY GARDEN DETAIL ". FEEJNUEU OF DETENTION-11230001 w wow•1ISA CF. NTS t•7 U v 'C NOTES: DO 1. INFILTRATION COMPOST MIXTURE(BY Vol I Qy U P02NGK RAN "` .503 CLASS 1 STA REGISTERED COMPOST CAPPROX.BULK DENSITY 1.000 LB/CV) a / CA""MTNN •503 LOOSELY PACKED SHREDDED PAPER(APPROX.BULK DENSITY 50 TO 100 LB/Cy) f] LANDSCAPING AREA (TYPICAU OR / INTILTRATICM C O`MNG ME011 ,�� •153 COARSE S N COMPOST CL TURF DESCRIBED ABOVE / •853 COARSE SAND(EITHER CLASS C FILTER MATERIAL PER COOT TABLE 703.7 OR SAND O MEETING AS1U C-37) 1, GEOTEXTILE FABRIC MEETING ASTM DA751-AOS US STD SIEVE 050 TO 170,ASTM D4632 III MIN, TRAPE701DAL TEAR STRENGTH 100.80 LES:MIN.COE SPECIFIED OPEN AREA OF 13 3. SINCE WATERPROOFING WILL BE PROVIDED FOR THE ADJACENT FOUNDATION WALL THE IMPERMEABLE LINER(30 MIL MIN.THICKNESS HOPE LINER)SHALL BE ATTACHED TO FWNOATICN WALL A MINIMUM OF 18 INCHES BELOW FWISHED GRADE, THE LINER CAN BE ATTACHED TO THE CONCRETE FOUNDATION WALL'NTH NITRILE-BASED VINYL ADHESIVE, A. WRAP ALL GE TEXTILE FABRIC AND IMPERMEABLE LINERS TO TOE OF SOIL.ATTACHED EIPMLY TO TRENCH SIDES / l 5. CONTRACTOR SHALL REMOTE EXISTING TOPSOIL AND REPLACE W11H GROW MEDIA AND Yl S O T CONTRACTOR RI AL AS REMOVE ILLUSTRATED EXIS RAN GARDEN MTMN / LANDSCAPING ARCH r i ROOF > Ni LOCA7IWI d z Lu a O C) Z L) w ir O Lu Y ' \ - z C7 J I w w Q Z z a Z p w o O Q LL. � z j o U d L) = W w (-) H- GRAPHIC SCALE E°O O� w CALL BEFOPE YOU DIG CALL UTILITY NOTIFICAn CH CENTER OF CO 111 L f1-800922-19'7 ( FEED inch ) 1I�f �uxwm cm.uo mie i i 10 TL \ T K vrt a•Ra DATE: 1-7-13 REDUCED FOR SUIMTTTK A1L7 rnAOC'w c=u�ArE I—R un, � JOB NO. 12153 EXHIBIT A j I !, k _�\` PROPQSED MAID RAIL \ EEEXXXyyySSS AND SEVIER MANHOLE "� - v 7911 ON' _ APPNda1ATE LOCATION EX05TW0 FI LRI EI XLP SERER NOE UPIK // 792191 LETHAL AND Siff OF EXISTNG 7/ k � ��EC� �_� REPLACE A AIDED ro I �\ O / PEDESTAL AND � 0'I^'°1 I'RON N ANLF / 1 A SERNTE UAE ro ` 792291 N 72227 f/k / EACH WETER FM 11E1C1ClF �\f 9'RIDE RIBIOri CHAP!R7 SANTAiION DISiPoCT 79710! 1O. /O iA S PROTECT AND DC 7925. 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LAYMAN PAOPOSEDELECTPoCIETER / � � U Q Q PRDPOf•ED GAS METER / I '�, • / a U PPOPO6ED bTtliM NIT PNDPO&?D FMNpUIL / I IL/�'t`� Lu • / V< —T-7�)` PROPO6EDADA ALCES6 ROJ1E -` -\ / t �� t EXISTING LEGEND EI9bTINGC TOA / E.TING OO NAEIIVAL � _. EXI e1NYG WATEMR.WIN ERSTWG BANTARY bEwER FAIN - II TING TELEPHONE T�G9' EJ06TIIa LASLE ��_�/ / 12�1• / E%I6TING Gb ' El(ISDNG 6TO!#6ENER ?T� / 79227* 4J; 8 4` ENS l 782�Jr - N RAN.WAY / S BE of SIDES) (80#SIDES) TIE INTO STGRM SEM07 WITH A CAST M/PLACE AREA INLET APPROX.LOCA ON OF ANC 11'CUP PER S 41ACF DRN�INSIER PUN / PROPOSED IS"RCP FOR OTT OF ASPEN ��- (ACR/AL LOCATION TO FELD NFNiED AT PRIOR to CONSTRUCTION) b' - j- 79215* R-7'S0' PROPOSED CLMRI#LET - - \\ APPROXIMATE LOCATION OF TO BE WATER SERVICE GRAPHIC SCALE `� PROPOSED 4'OLP. aF ASPEN REGULATIONSSTM / WATER SERVICE •`e� CONTRAC LOCA TIE U O ( IN FEET I \ /` EXISTING WATER 1DW!- ` ui U I inch IO ft \ DENiFRNIE NTWAN A10MIE` _ WATER DD[VARWMEN�T RW 'r p 0 w REDl10EO FOR bIBNETTAL / 7 y INSTALL TA`PPING SIEEIE `• Z y M gN A \ `AND SOLATION VAL1f. a Q o g �Y Q O °p g OV Z NOTES Z J W 1)INTENT OF A RAUP AT SOUTHWEST CORNER LL) 15 TO TIE INTO EXISTING SIDEWALK GRAOE.SPOT Z d � ELEVATIONS AT THIS LOCATION WERE BASED ON :z Z INTERPOLATED CONTOUR DATA, ACTUAL ELEVATION W U) LL O TO DE FIELD VERIFIED PRIOR TO CONSTRUCTION. � Q QQi-- 2)RULROUT LAYOUr IS CONCEPTUAL AND ANY Q LL (n Z REVISIONS TO LAYOUT h ADA-UPS WILL Z O INFLUENCE THE POINT OF CONNECTION i0 EXIS DNG c ¢ O WA w m ui v F, o Z CALL BEFORE YOU DIG CO uJ CALL ULKITY NOTIFICATION ®c I.vN TRmR.c¢ae�vo01R® i 800-922-1987 �iw rll[ ra' rpeo DATE: 1-7-13 F VOATm uwlry JOB NO. 12153 6 EXHIBR 8 EXHIBIT November 20, 2012 Ms. Amy Guthrie Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Ninety-Day Negotiation Period Dear Ms. Guthrie: As required pursuant to Section 26.415.025.C.1. of the Aspen Land Use Regulations, please consider this letter confirmation of my understanding of the ninety-day negotiation period pertaining to the historic designation of AspenModern properties. Given the Historic Preservation Commission's current agendas, it is my understand- ing that more than ninety days may be required to process my application for historic designation of my 602 East Hyman Avenue property, and that the City Council and I may mutually agree to an extension of the negotiation period. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, EB BUILDING ASPEN, LLC Daniel L. Hu t c/o Cristin D. Adam, Esq. Unity Hunt, Inc. 1601 Elm Street, Suite 4000 Dallas, TX 75201 (214) 415-9979 dAoid6buslcity.1trUtr58912.jg1 i i EXHIBIT Z Free Resource Evaluation E.B. Building Aspen LLC Provided for: Zone 4 Architects September 20, 2012 PROVIDED BY: Jason Jones Consulting Arborist#RM-07346 Aspen Tree Service Inc. Carbondale, CO 81623 (970)963-3070 mtnjones @gmail.com Summary I have been asked by the design team at Zone 4 Architects to analyze and comment on the tree resource located at 602 East Hyman in Aspen. The site is proposed for re-development, and there are 3 significant trees located in close proximity to the building that could be effected by construction impacts. I have visually observed the trees from the ground and reviewed the preliminary site plans provided. I have had discussions with Dylan Johns and been given information regarding the proposed design and construction methodology. If it is determined that the trees should be retained on the site, further analysis,discussion and site analysis will need to be completed so that a tree protection plan can be created and implemented. /Assignment I have been contracted with EB Building Aspen to document the current condition of the 3 major trees on site and to evaluate the trees' ability to tolerate proposed construction impacts. Limits of the Assignment My investigation is based solely upon the information I noted on my two visits to the site, once on September 7`h and once on September 20`h 2012. 1 have not performed any laboratory examinations, studied soil composition or employed any other diagnostic techniques beyond visual examination of the trees and the site. I have developed general conclusions of tree health and provided recommendations based upon these observations. I have also not provided a tree protection plan as it relates to any of the construction activity. Observations Site Description The property, owned by E.B. Building Aspen LLC, is being reviewed for re-development. The plans that I have reviewed indicate that the building will utilize the existing footprint and will not require significant new underground excavation. There are currently 3 large Colorado spruce, (Picea pungens),trees located very close to the building that are growing out of a very limited and compacted root zone area. I have attached an excerpt of the topographic survey,which labels the trees as 1-3 from the north to the south. I have been informed that the City of Aspen may require a change to the sidewalk and entry of the building in an area that could conflict with tree number 3 on the map. The site plans also indicate other potential conflicts with other trees pertaining to root-zone areas as well as with tree canopies. General Site Observations The trees are currently growing in a very stressful environment and are in poor to fair condition overall. The limitations in potential rooting area and significant compaction of these areas have combined to make a very difficult growing condition for large trees. The trees have had low branches removed in the past to allow for access and are overall exhibiting decline and interior die back. The limbed-up condition often can predispose these types of trees to blow over in winds as much of the stability of the tree as whole is compromised when lower limbs are removed. The two trees in the back, numbers 1 and 2, are growing out of an asphalt parking area. Tree number one is growing out of a sidewalk and paver area. Both areas are impervious and irrigation appears to be acquired from drainage and storm water runoff below walks and driveways. Specific Tree Observations All three of the trees are displaying low vigor and appear to be nearing the end of their useful life in the existing location. New growth is very minimal, interior loss of needles is heavy,and leaf area is minimal. It is difficult to determine the exact potential longevity of the trees in this location, as levels of stored energy are difficult to ascertain. Trees in this condition and age generally will be very sensitive to any site disturbances and damage to roots including cut or fill in any location within the critical root zone area could cause a rapid decline to mortality. I would determine the critical root zone area in this instance to be 1.5 to 2 times the drip line area considering the age,vigor and irrigation patterns of the trees and the site. Tree#1-This tree,the northernmost of the group, has a diameter of 30". This tree is very stressed and is showing a pattern of dieback high within the crown. This tree also has an old mechanical injury and a bend in the upper main stem that is visible from the ground. This tree could have decay in this area and if it is to be considered for protection, it should be evaluated aerially and possibly have some advanced invasive decay analysis performed. It is very possible that this tree has internal decay beyond an acceptable parameter and should be removed for safety issues. Tree#2-This is a smaller diameter, 24",tree that is also in overall weak but slightly healthier condition than tree 1. 1 feel that this tree could likely remain if tree number 1 stays, but may be hazardous if this tree is removed. Exposing this tree to new wind loading factors,the potential damage to roots from removal of the neighboring stump, combined with the fact that the tree has been limbed up so high, could make the chance of wind throw failure a significant concern. Tree#3-This tree is a 30" DBH tree located at the front of the building that is in fair condition. Pavers have been placed over the root zone and a raised planter bed has been built around the trees base. This additional fill against the tree stem could be harmful over time and should be removed if it is to be retained. This tree has a very limited area for root growth and the majority of tree roots are likely to be growing at the elevation of the existing walk. Low limbs have been removed from this tree as well and this could increase chances of a blow over especially if any root damage was to occur. This tree also has significant canopy growth over the building,which could conflict with building design. Potential Impacts of Proposed Construction As mentioned previously,the trees are in generally poor health and will not tolerate root zone impacts very well over the longterm. Spruce trees have a very shallow and fibrous root system that can often spread very far beyond the dripline. I would not recommend that any reduction in grade,trenching or root cutting be performed within 1.5-2 times the dripline for any activity. Fill could likely be tolerated if it was not excessive in some instances even within the dripline. Site plans show a gas line entering the building directly below trees number 1 and 2. 1 have not determined weather or not this line will need to be upgraded or replaced,or if any other new utilities would need to enter the building from this area. It is possible that directional boring could be utilized to avert this conflict, as trenching in this area would likely render the trees unstable and unsafe to retain. Tree number 2 would also be compromised in the same manner if utility trenching were to occur. Trees number 2 and 3 could have conflicts with branches above the building to allow for the new construction. I feel that these trees may withstand removal of these limbs without significant impact; however,the city ordinance may not allow this and could prohibit this activity. Due to the very limited root zone area that exists around tree number 3, any activity within that zone could be very detrimental. It may be possible to make some grade changes, but this could not be determined without significant exploratory work. This work would consist of lifting the pavers and walkways and excavating the soil with a high-pressure air tool called an air spade. This tool would allow the root patterns to be determined and potential for any access or root cuts evident. This would be a difficult task in that the corner would need to be closed and access to the building diverted until the project was completed. This activity would also require approval from the city forestry department, as it would consist of work activity within the dripline. General Recommendations and Discussion I feel that further exploration and inspections would be valuable to determine the suitability of retaining the trees on the site. I also feel that it would be important to determine the city's position on the retention of the trees. These trees are so marginal in condition that it may be a better decision to remove the trees if possible and pay the mitigation values that the city would require. It is possible that the city may not allow for removal of the trees even if mitigation payments are offered. In this instance, it may be best to retain the trees and work within the city requirements of no activity within the dripline. This would likely result in the eventual loss of the trees or have the effect of rendering them unsafe in which case removal and mitigation payments would be required. 'specific recommendations I feel the appropriate path for dealing with the trees is as such: 1. Perform a thorough aerial inspection of tree number 1 to determine if it is structurally sound. 2. Determine weather or not the owner of the building would truly like to protect and retain the trees on the site and if it is possible to perform all of the proposed construction activities while maintaining the large tree protection zones necessary to make retention efforts sucessful. 3. Request that the city engineering department work with the city forestry department to determine the feasibility of the performing the requested requirements. If they do not agree to this strategy, perform root zone explorations independently with city forestry approval. 4. Determine weather or not the city will allow for removal and mitigation or if they will require that the trees remain on site. This would require a permit application be submitted to city forestry. 5. If it is determined that the trees must be retained on site, begin working on a tree protection plan and identify all potential conflicts with the proposed building so that creative solutions can be developed. Conclusions The trees are overall in poor health, and in my estimation, are not likely to be viable on the site for more than 5-10 more years with or without development impacts. It may be that the City of Aspen will require retention, or they could allow for removal and mitigation payments. I would not advise creating elaborate design changes or incurring significant extra expense around retention methods if possible, as I feel the trees are not long-term assets to the site. If it is determined that it is desirable or required to retain the trees,further exploratory work should be performed to detail root patterns and define specific construction activities that will present conflicts. tPhotos `M ¢ 9 } V yU x a xr • � 4 • • • • a, s • 74 . Photo 1-Showing trees 1 through 3 from left to right i i -S Y � `s,, s/ z i• • t • • • ,r � ,J •,• �3 F '•{ 4 r lk it • • J ri, g • • M • • • • • • • i* R Z • ., • • Photo 3-Showing trees 1 and 2 and the compacted root zone areas. • • • i w4. ter ° rk T „a Y'�n:lZ ��P S �{+q�� •N �� •W J�y�R1 04 le ir � r wt �1r1'►��r. it 0 IP t r •. fw+► e y TM r :i k. I LVII 1\V Y L1v1 L.�IV 1 Vl l V1 VVl\.!'11 lll\.' JV1\ Y L l LOTS K AND L.BLOCK 99,(-'I'I1' ANN)1 O\%TSITI-.OF ASPI.N - Pta;•c Ol\IY Of i'f1 KI�•ti i � k OF COI U21 )O UI FY OH A� 1 � r }_ '` h• ..7 9 I s Qj .. • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 1