HomeMy WebLinkAboutLand Use Case.410 E Hyman Ave.0012.2017.ASLUCITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Jessica Garrow DATE: February 22, 2017
PROJECT: 410 East Hyman – Determination of 2nd tier space
REPRESENTATIVE: Sara Adams
DESCRIPTION:
The City of Aspen Land Use Code recently changed to require “second tier” commercial space in
development. Ordinances 30 and 33, Series 2016, address second tier space requirements. The
applicant is requesting an administrative determination regarding how the existing net leasable
space would be calculated under these new requirements. Administrative Determinations are a
land use application that must be submitted for consideration by the Community Development
Director. Existing floor plans, pictures, and the like, should be submitted to assist the Director in
making this determination.
Below are links to the Land Use Application form and the Ordinance referenced above. A full land
use application is not required, though an agreement to pay form and HOA compliance policy is.
Land Use Application:
http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/Land%20Use
%20Application%20Form.pdf
Relevant Ordinances:
http://www.aspenpitkin.com/Departments/Community-Development, click on Ordinances under
“2016 Development Moratorium”
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.575.020.F.4 Calculations and Measurements, Allowed Exceptions to Height Limitations
Review by: Staff for complete application and determination
Planning Fees: $325 – for one hour of Staff Review time.
Referral Fees: None
Total Deposit: $325 (additional/lesser planning hours are billed/refunded at a rate of
$325/hour; any needed referral hours are billed at a rate of $325/hour)
To apply, submit one copy of the following information:
Attachments 1 and 2 of the Land Use Application (Agreement to pay and Land Use
Application form)
Pre-application Conference Summary (this document).
Applicant’s name, address and telephone number in a letter signed by the applicant that states
the name, address and telephone number of the representative authorized to act on behalf of
the applicant.
HOA Compliance form (Attached)
Floor Plans of the existing net leasable area.
Pictures or other visuals of the building and/or spaces
Summary of existing spaces and uses.
Once the application is deemed complete by staff, the following items will then need to be
submitted:
Total deposit for review of the application.
A digital copy of the application provided in pdf file format.
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.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050
Agreement to Pay Application Fees
An agreement between the City of Aspen (“City”) and
Property Phone No.:
Owner (“I”): Email:
Address of Billing
Property: Address:
(Subject of (send bills here)
application)
I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment
of these fees is a condition precedent to determining application completeness. I 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.
$.___________flat fee for __________________. $.____________ flat fee for _____________________________
$.___________ flat fee for __________________. $._____________ flat fee for _____________________________
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 addit ional
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 no-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 and 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.
$________________ deposit for_____________ hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$________________ deposit for _____________ hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen: Property Owner:
________________________________ _______________________________________________
Jessica Garrow, AICP
Community Development Director Name:
_______________________________________________
Title:
_______________________________________________
City Use:
Fees Due: $____Received $_______
410 AH LLC
410 East Hyman Ave.
P.O. Box 4068,
Aspen, CO 81611
970-925-2619
joann.leddingham@ajax-holdings.com
325 1
410 AH LLC
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
March, 2016 City of Apen|130 S. Galena St.|(970) 920 5050
ATTACHMENT 2 – LAND USE APPLICATION
PROJECT:
Name: _______________________________________________________________________________________________
Location:_______________________________________________________________________________________________
Parcel ID # (REQUIRED)
APPLICANT:
Name: _______________________________________________________________________________________________
Address: _______________________________________________________________________________________________
Phone #:
REPRESENTIVATIVE:
Name: _________________________________________________________________________________________________
Address:________________________________________________________________________________________________
Phone#:
TYPE OF APPLICATION: (Please check all that apply):
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
PROPOSAL: (Description of proposed buildings, uses, modifications, etc.)
Have you attached the following? FEES DUE: $ ______________
Pre-Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements – including Written Responses to Review Standards
3-D Model for large project
All plans that are larger than 8.5” X 11” must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be
submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference
summary will indicate if you must submit a 3-D model.
GMQS Exemption Conceptual PUD Temporary Use
GMQS Allotment Final PUD (& PUD Amendment)
Special Review Subdivision
Conceptual SPA
ESA – 8040 Greenline, Stream Subdivision Exemption (includes
Margin, Hallam Lake Bluff, Condominiumization)
Mountain View Plane Final SPA (&SPA
Commercial Design Review Lot Split Amendment)
Residential Design Variance Lot Line Adjustment Small Lodge Conversion/
Expansion
Conditional Use Other:
410 East Hyman Ave.
410 East Hyman Ave.
2737-073-39-008
Ajax Holdings
514 E. Hyman Ave., Aspen CO 81611
970-925-2619
Sara Adams, BendonAdams LLC
300 S. Spring St., #202, Aspen, CO 81611
970-925-2855
x Admin Determination
determination of existing second tier commercial space
325
ASLU
Planned Development
310 & 330 E. Main Street
PID #
4
410 AH LLC
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
February 23, 2017
Ms. Jessica Garrow, AICP
Community Development Director
City of Aspen
130 So. Galena St.
Aspen, Colorado 81611
RE: 410 East Hyman Avenue; Aspen, CO.
Ms. Garrow:
Please accept this letter authorizing BendonAdams, LLC, to represent our ownership
interests in 410 East Hyman Ave. and act on our behalf on matters reasonably associated
in securing land use approvals for the property.
If there are any questions about the foregoing or if I can assist, please do not hesitate to
call.
Kind Regards,
BendonAdams | 300 S. Spring Street, #202 |Aspen, CO 81611
1 | Page
Ms. Jessica Garrow
Community Development
City of Aspen
130 S. Galena Street
Aspen, CO 81611
February 16, 2017
Re: Second Tier Space Classification for 410 East Hyman Avenue, Parcel ID #2737-073-39-008
Dear Jessica,
We submit this letter on behalf of 410 AH LLC, the owner of 410 East Hyman Avenue, to request
identification of second tier commercial space pursuant to Land Use Code Section 26.104.100 Definitions
and Land Use Code Section 26.412.080 Second Tier Commercial Space adopted via City Council Ordinance
No. 33, Series of 2016 and City Council Ordinance No. 30, Series of 2016. The subject property is located
at 410 East Hyman Avenue, Parcel ID # 2737-073-39-008.
We worked with Planning Staff to determine the classification of the existing commercial space, including
a site visit and review of existing floor plans, and submit this letter to document the final determination.
The existing split-level building is mixed use: it contains both commercial and residential uses. There are
three levels of commercial space within the two story building, and five free market residential units
located on the top floor. Exhibit 1 illustrates the existing conditions and classification described below.
The commercial units are designated as follows:
Unit 414: HOPs culture is the current tenant. Ground level entrance with internal steps leading to
lower below-grade level. PRIME COMMERCIAL.
Unit 415: Poster shop is the current tenant. Open vestibule at street level with steps leading
directly up into the commercial space. SECOND TIER COMMERCIAL.
Unit 410: Poster shop is the current tenant. Mezzanine level above street level floor. Steps are
accessed from Unit 415. SECOND TIER COMMERCIAL.
Unit 408: Tesoro is the current tenant. Ground level entrance with internal steps leading up to a
mezzanine level. PRIME COMMERCIAL.
BendonAdams | 300 S. Spring Street, #202 |Aspen, CO 81611
2 | Page
Figure 1: 410 East Hyman Avenue
Please let me know if you have any questions.
Best, Accepted:
_____________________________
Sara Adams, AICP Jessica Garrow, AICP
sara@bendonadams.com Community Development Director
970-925-2855 City of Aspen
Cc: Will Herndon, Ajax Holdings LLC
Exhibits:
1 – Classification of Second Tier and Prime Commercial Spaces within existing building
2 – Pre-application summary
3 - Land Use Application
4 - HOA Form
5 – Authorization to Represent
Unit 410
Unit 408
Unit 415 Unit 414
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