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HomeMy WebLinkAboutcoa.lu.gm.McDonald's.406 S Mill St.A43-92 . 1 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 5/ 22/92 PARCEL ID AND CASE NO. DATE COMPLETE: (o/', '737 -/i)--1/ -ooY A43 -92 STAFF MEMBER: KJ PROJECT NAME: McDonald's Corporation GMOS Exemption Project Address: 406 South Mill St., Aspen, CO 81611 Legal Address: APPLICANT: McDonald's Corporation Applicant Address: 314 S. Mill St., Aspen CO 81611 REPRESENTATIVE: Les Rosenstein, Bill Poss & Associates Representative Address /Phone: 605 E. Main, St Aspen, CO 81611 925 -4755 FEES: PLANNING $ 200 # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED 3 HOUSING $ ENV. HEALTH $ TOTAL $ 200 PAID:(YES) NO AMOUNT: $ 200 NO. OF COPIES RECEIVED 3 /3 TYPE OF APPLICATION: 1 STEP: 1 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Pa 'c‘ 2(2o Insubstantial Amendment or Exemption: Date: EFERRALS : 4 /� ) afr i.' )911 4 City Attorney Mtn Bell School District J j4& City Engineer Parks Dept. Rocky Mtn NatGas n 2 Housing Dir. Holy Cross State HwyDept(GW) W Aspen Water Fire Marshall State HwyDept(GJ) City Electric Bldg Inspector ,I� i Envir.Hlth. Roaring Fork Other Z€2(0 �� ''`-4- 6 Aspen Con.S.D. Energy Center Clean Air Board 1 V DATE REFERRED: 6 lit___ INITIALS: CA------ FINAL ROUTING: DATE ROUTED: mss INITIAL:4 {q;e � _ City Atty City Engineer Zoning Env. Health l Housing Other: _/ / FILE STATUS AND LOCATION: _ „ _t. _._% 4 61-Y1-1 79 MEMORANDUM TO: Bill Drueding, Zoning FROM: Kim Johnson, Planning DATE: June 16, 1992 RE: McDonald's Restaurant - GMQS Exemption for Addition of Bathroom (Planning Director's Approval) Summary: Staff recommends approval of GMQS Exemption for the expansion of 41 s.f. for a new handicap access bathroom on the southwest corner of the building. Applicant: McDonald's Corporation, represented by Les Rosenstein Location /Zoning: 406 South Mill Street, CC Commercial Core. Request: The Applicant is requesting GMQS Exemption for the addition of a bathroom as expansion of a commercial structure that does not add net leasable square footage. The new bathroom is necessary because of a reconfiguration of the restaurant's main floor which will eliminate the existing bathrooms. See Attachment "A" for application letter and floor plans. Referral Comments: Chuck Roth forwarded comments regarding contents of the revised plat. Please see Attachment "B". These items are listed as conditions of approval. Staff Comments: According to Section 24 -8 -104 A.1.d., the Planning Director shall exempt "the expansion of an existing commercial or office use in a building which does not increase its net leasable square footage." The definition of "Net Leasable" contained in Section 3 -101 excludes "any area dedicated to bathrooms, stairways... " The proposed expansion therefore is not net leasable area and GMQS Exemption shall be approved by the Planning Director. The new bathroom will be located under an existing deep roof overhang and will not increase FAR. There are no other review criteria required for this proposal. Staff Recommendation: Staff recommends approval of Growth Management Exemption at 406 S. Mill for a 41 s.f. expansion for a handicap access bathroom on the southwest corner of the building. The following are suggested conditions: 1. A plat amendment (second amendment) must be filed which meets platting requirements contained in Section 24- 7- 1004.D of the Municipal Code. 2. The second amendment plat shall contain the following information: 4 This plat amends (1) the original Pun plat on file at book 12, page 39; (2) Park Place, A Condominium, plat on file at Book 13, Pages 75 & 76; and (3) the first supplemental plat on file at Book 15, Pages 38 & 39. 3. The Applicant shall consult the City Engineer for design considerations for development within public rights -of - way and shall obtain permits for such work from the Streets Department. I hereby approve GMQS Exemption at 406 S. Mill St. for a 41 s.f. expansion for a handicap access bathroom with the three conditions listed above. t v G ( 2-5 �Z Di Moore, Planning Director Date Attachments: "A" - Proposed Bathroom Expansion "B" - Engineering Referral Comments 2 •,.► MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C g Date: June 15, 1992 Re: McDonald's Corporation GMQS Exemption, Plat Amendment (for Park Place, A Condominium) Having reviewed the above referenced application, the engineering department has the following comments: 1. A plat amendment (second amendment) must be filed which meets platting requirements contained in Section 24- 7- 1004.D of the municipal code. 2. The plat amends (1) the original PUD plat on file at Book 12, Page 39; (2) Park Place, A Condominium, plat on file at Book 13, Pages 75 & 76; and (3) the first supplemental plat on file at Book 15, Pages 38 & 39. This information must appear on the plat. 3. Given the continuous problems of unapproved work and development in public rights - of -way, we would advise the applicant as follows: The applicant shall consult city engineering (920 -5080) for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920 - 5130). cc: Bob Gish, Public Works Director M9'_176 MEMORANDUM TO: Bill Drueding, Zoning FROM: Kim Johnson, Planning DATE: June 16, 1992 RE: McDonald's Restaurant - GMQS Exemption for Addition of Bathroom (Planning Director's Approval) Summary: Staff recommends approval of GMQS Exemption for the expansion of 41 s.f. for a new handicap access bathroom on the southwest corner of the building. Applicant: McDonald's Corporation, represented by Les Rosenstein Location /Zoning: 406 South Mill Street, CC Commercial Core. Request: The Applicant is requesting GMQS Exemption for the addition of a bathroom as expansion of a commercial structure that does not add net leasable square footage. The new bathroom is necessary because of a reconfiguration of the restaurant's main floor which will eliminate the existing bathrooms. See Attachment "A" for application letter and floor plans. Referral Comments: Chuck Roth forwarded comments regarding contents of the revised plat. Please see Attachment "B ". These items are listed as conditions of approval. Staff Comments: According to Section 24 -8 -104 A.1.d., the Planning Director shall exempt "the expansion of an existing commercial or office use in a building which does not increase its net leasable square footage." The definition of "Net Leasable" contained in Section 3 -101 excludes "any area dedicated to bathrooms, stairways..." The proposed expansion therefore is not net leasable area and GMQS Exemption shall be approved by the Planning Director. The new bathroom will be located under an existing deep roof overhang and will not increase FAR. There are no other review criteria required for this proposal. Staff Recommendation: Staff recommends approval of Growth Management Exemption at 406 S. Mill for a 41 s.f. expansion for a handicap access bathroom on the southwest corner of the building. The following are suggested conditions: 1. A plat amendment (second amendment) must be filed which meets platting requirements contained in Section 24- 7- 1004.D of the Municipal Code. 2. The second amendment plat shall contain the following information: This plat amends (1) the original PUD plat on file at book 12, page 39; (2) Park Place, A Condominium, plat on file at Book 13, Pages 75 & 76; and (3) the first supplemental plat on file at Book 15, Pages 38 & 39. 3. The Applicant shall consult the City Engineer for design considerations for development within public rights -of -way and shall obtain permits for such work from the Streets Department. I hereby approve GMQS Exemption at 406 S. Mill St. for a 41 s.f. expansion for a handicap access bathroom with the three conditions listed above. 11!).t5u1-7 G ( ;5 Di Moore, Planning Director Date Attachments: "A" - Proposed Bathroom Expansion "B" - Engineering Referral Comments 2 MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C- Date: June 15, 1992 Re: McDonald's Corporation GMQS Exemption, Plat Amendment (for Park Place, A Condominium) Having reviewed the above referenced application, the engineering department has the following comments: 1. A plat amendment (second amendment) must be filed which meets platting requirements contained in Section 24- 7- 1004.D of the municipal code. 2. The plat amends (1) the original PUD plat on file at Book 12, Page 39; (2) Park Place, A Condominium, plat on file at Book 13, Pages 75 & 76; and (3) the first supplemental plat on file at Book 15, Pages 38 & 39. This information must appear on the plat. 3. Given the continuous problems of unapproved work and development in public rights - of -way, we would advise the applicant as follows: The applicant shall consult city engineering (920 -5080) for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920 - 5130). cc: Bob Gish, Public Works Director M92.176 CITY OF ASPEN / PITKIN COUNTY PLANNING AND ZONING OFFICE 130 South Galena Aspen, Colorado 81611 303 - 920 -5090 Fax 920 -5197 June 4, 1992 Mr. Les Rosenstein Bill Poss & Associates 605 East Main Street Aspen, CO 81611 RE: McDonald's Corporation GMQS Exemption Case No. A43 -92 Dear Mr. Rosenstein: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. This case has been referred to City Engineer and the Zoning Department. We do require a $90 fee for the City Engineer referral fee and will need this amount within one week. In the mean time, we will begin the process. If you have any questions, please call Kim Johnson, the planner assigned to your case. Sincerely, Cindy Christensen Administrative Assistant MKY 22 605 EAST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE 303: 925 -4 755 FACSIMILE 303 920 -2950 May 21, 1992 Kim Johnson Aspen /Pitkin Regional Planning Department 130 South Galena Aspen, CO 81611 Dear Kim: Enclosed please find McDonald's GMOS Exemption Application by Planning Director. If there are any questions regarding this submittal, please feel free to contact me. Sincerely, Les Rosenste Project Manager Enclosure ATTACHMENT 1 LAND USE APPLICATION FORM 1) Project Name McDonald's Addition 2) Project Location 406 South Mill St. 3) Present Zoning CC_C 4) Lot Size 8,454 sf 5) Applicants's Name, Address & Phone # McDonald's Corporation and Park Place Condominium Association, 314 South Mill Street, Aspen CO 81611 6) Co 5251 D Parkway Address Suite 00, Englewood, Sonny 80111 McDonald's (3 3)7790444 7) Type of Application (please check all that apply): _ Conditional Use _ Conceptual SPA _ Conceptual Historic Dev. special Review _ Final SPA _ Final Historic Development _ 8040 Greenline _ Conceptual PUD _ Minor Historic Development _ Stream Margin _ Final PUD _ Historic Designation S Allotment _ Mountain View Plan _ Subdivision — GMQS Condominiumization _ Text /Map Amendment X GMQS Exemption _ Lot Split /Lot Line Adjustment 8) Description of Existing Uses (number and type of existing structures; approximate sq ft; number of bedrooms; any previous approvals granted to the property). Two Structures of Approximately 13,000 Square Feet (F.A.R.) First Floor: Retail Space and Restaurant Upper Floor: Restaurant and Four 1 Bedroom Employee Housing Units 9) Description of Development Application: Add Handicap Accessible Bathroom to Existing Structure 10) Have you attached the following? X Response to Attachment 2, Minimum Submission Contents X Response to Attachment 3, Specific Submission Contents Response to Attachment 4, Review Standards for your Application 1 605 EAST MAIN STREET ASPEN. COLORADO 81511 TELEPHONE 303; 925-4755 FACSIMILE 303 920 -2950 May 21, 1992 City of Aspen Planning Department Attn: Kim Johnson 130 South Galena Aspen, CO 81611 RE: McDonald's To Whom It May Concern: The following is a response to Attachment 2 of the GMQS Exemption Application Package. 1. See attached letter. 2. Legal description: 406 South Mill Street, Aspen, Colorado Units 103, 203, 305 & 306 of PARK PLACE A CONDOMINIUM City of Aspen, State of Colorado 3. See attached Memorandum of Ownership. 4. See attached Vicinity Map. 5. In view of the fact that McDonald's Corporation is re- configuring their space on the main floor, the existing bathrooms will no longer be available to McDonald's. Therefore, the Applicant requests the addition of a handicap accessible bathroom to the southeast corner of the existing structure. The proposed addition falls within Section 8- 104.A.1.d. of the City of Aspen Land Use Code which states the following: Expansion of commercial or office uses. The expansion of an existing commercial or office use in a building which does not increase its net leasable square footage. 4 '. 4 City of Aspen Planning Department Attn: Kim Johnson Page 2 The proposed bathroom to be added to the southeast corner of the existing structure contains approximately 41 square feet of interior floor area. The addition will be located under the existing overhang. It is our feeling, along with Kim Johnson and Leslie Lamont of the Planning staff, that this addition does not increase the building's net leasable square footage based on the definition of "Net Leasable and Commercial Office Space" which excludes "any area dedicated to bathrooms, stairways, circulation corridors, mechanical area and storage areas used solely by tenants on the site? If there is any additional information you may require, please contact me. Sincerely, ' I r Le - osens Project Man.ger Enclosures FROM DENVER REGION McDonald's Corporation 5251 OTC Parkway Suite 300 Englewood. Colorado 80111 fl ] Off9� i m April 22, 1992 To Whom it May Concern: We Street, Aspen, authorize Coloradoll Associates, 605 East Main (303) 925-4755, to represent us and to act on our behalf regarding historic designation design and construction permits on our property, "Park Place A Condominium" Aspen, Colorado. Sipcerely, n I C- till •, Sonny Jona ' Regional Construction Manager /kb . Commonwealth® Land Title Insurance Company MEMORANDUM OF OWNERSHIP - ACCOMMODATION NO LIABILITY FOR THE SOLE USE OF: PITKIN DIRECT TITLE, CORRESPONDENCE TO: INC. OATES, HUGHES & KNEZEVICH ATTN: VINCENT HIGENS • 533 E. HOPKINS ASPEN, CO. 81611 ASPEN, COLORADO 81611 ATTN: LENNY OATES (303) 925 -1766 FAX (303) 925 -6527 DESCRIPTION: CONDOMINIUM UNIT 103, 203, 305 AND 306, PARK PLACE CONDOMINIUMS, according to the Condominium Map thereof recorded in Plat Book 13 at Page 75, and the First Supplement to the Condominium Map for Park Place, a Condominium, appearing in Plat Book 15 at Page 38, and as defined and described in the Condominium Declaration for Park Place, a Condominium, recorded August 3, 1982 in Book 430 at Page 401. COUNTY OF PITKIN, STATE OF COLORADO. GRANTEE IN THE LAST INSTRUMENT APPARENTLY TRANSFERRING OWNERSHIP: MCDONALD'S CORPORATION A DELAWARE CORPORATION TRUST DEEDS AND MORTGAGES APPARENTLY UNRELEASED: NONE LIENS AND JUDGEMENTS (AGAINST LAST GRANTEE) APPARENTLY UNRELEASED: NONE THIS INFORMATION IS FOR YOUR SOLE USE AND BENEFIT AND IS FURNISHED AS AN ACCOMMODATION. THE INFORMATION HAS BEEN TAKEN FROM OUR TRACT INDICES, WITHOUT REFERENCE TO, OR EXAMINATION OF, INSTRUMENTS WHICH PURPORTS TO AFFECT THE REAL PROPERTY. THE INFORMATION IS NEITHER GUARANTEED NOR CERTIFIED, AND IS NOT AN ABSTRACT OF TITLE, OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND OUR LIABILITY IS LIMITED TO THE AMOUNT OF THE FEES. CERTIFIED TO: APRIL 1, 1992 @ 8:30 A.M. PITKIN COUNTY TITLE, INC. B y : .vori t ( v , _- � _ . >. T h 1' ' Recorded at._.r'•).- .._...o'clock M n••^ ! r "s �j Recorder ` r - ' • Reception • Nn _ ^ Co 4 e D o vab. .,. � Ii I P � •� l I THIS DEED, Made this a 1 day of . 19 83 , between Yi Q ! I Z P ARR PLACE DEVELOPMENT CO., a Partnership 1 Z e5 s'v' , a C k , u Q 1 \ 11 1 r • 4^ , } C of the County of Piin , and State of Colorado, of the first part, and I- //�� tk e, , C,.) 41� , .. L)4JA� •-• F LA r 4 r MIL C,. 1 LL , - Qti McDONA S C G �� a ■ ^' r, o I 1 I r,.. !.Y 1 • corporation duly argenized end existing under and by virtue of the laws of the State of Delaware 1I I , • of the second part; I I ' I ' P'ITNESSETH, That the said part Y of the fiat part, for and in consideration of the sum of i 1; I e . , TEN DOLLARS ($10.00) and other • goo and valuable consideration -DG LirA•If b to t said party of the first part in hand pnid by the said party of the second part, the receipt whereof is I I 111 1 hereby eonfrsed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, baain, sell, convey and confirm, unto the said party sf the eeeond part, its successors and assigns forever, II ! e r., parcel of land, agnate, lying and being in the : all of the, following described cc County of Pitkin , and State of Colorado, to.wit: 1 ° lc Condominium Units 103, 203, 305 and 306, PAPA PLACE (a condominium), according I to the map thereof recorded August 3, 1982 in Plat Book 13 at Page 75 as Reception No. 243171, as amended by the Supplement thereto recorded September ° , and as further . def3 ed andc escr 15 a thee � ms ium i � �, defined and described in the Condominium Declaration for for Park Place (a I ii condominium) recorded August 3, 1932 in Book 430 at Page 371 as Reception No. i 243170, all references being to the records of Pitkin County, Colorado. ,� :, :TATS DUCUi(EUTARY FEE y . la 1 NOV 2 1 1 983 1 r. I II 1 • 1 1 ,v _ M I. W n L't Cfl 0 co r I, • '' U, co m Ci i y = I. I 1 I !I i i ll J j No. »s. tw. yr— wavatn w now behind to . r +ei C.m, r.unt c,.. urt.r, stn., x,.,.t. nen,. a red. . .. r.• eocK 456 peer. 35 ,, ..,...-1- � EXCEPT general taxes for 1983, payable in 19 and SUBJECT TO reservations and ., exceptions as set forth in Patent to Aspen Townsite recorded in Book 139 at / Page 216, terms, conditions, restrictions and easements as reserved in deed recorded in Book 176 at Page 277; right of way to The Mountain States Telephone 1 6 Telegraph Company recorded in Book 309 at Page 224; terms, conditions, I restrictions and obligations as created by Resolution No. 6, Series of 1973, ' City of Aspen, recorded in Book 274 at Page 217, and by notice and historic City of Aspen, recordeu in Book 295 at 1 designation, Page 515; terms, conditions, ' covenants and restrictions as set forth in declaration recorded in Book 430 ,. at Page 403; terms, conditions, restrictions and obligations as set forth in • ,� ti Condominium Declaration for Park Place (a condominium) recorded in Book 430 li B at Page 371; terms, conditions and restrictions imposed by Certificate and +_ , a Condomi nium Articles of Incorporation for Park Place Association, Inc. recorded in. Book 430 at Page 882, and the first amendment thereto recorded in Book455 . f: at Page 109 ; and easements, restrictions and adjoining walls as shown on the f� . ') map of Park Place (a condominium) recorded in Plat Book 13 at Page 75, and the r .i first s upplement thereto recorded in Plat Book 15 at Page 38 ; all of the I . 7 i f oregoing being references to the real estate records of Titkin County, Colorado... ; y 1 I and the above bargained premises in the quiet and peaceable possession of the said party of the second part, its 1 i • '. successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part • 1 II 1: thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. 1 . 1 IN WITNESS WHEREOF, The said part y of the lint part has hereunto set its '', band and seal the day and year first r ll t above itten. 1 • PARK PLACE DEVELOPMENT CO., a Partnership • Bv:,Qi/a / ..�/ , " "� � "EAL) Signed. Sealed and Delivered in Presence of I 1 1 SIIIIIII 3 i _ ..... ( SEAL) II , r a !l I (SEAL) 4 . 1 ... (SEAL) I l (SEAL) �;,- _ (SEAL) I II � I;, STATE OF COLORADO. ' s � 1 County of PITICIN ^ "r 71,00.4e4 I Q . 1 day of .', 'The foregoing instrument was acknowledged before me this \\ a �suALO Z . r�EssltfJgas of PARK PLAC . ; I 1983 .by u d ._ DEVELOPMENT CO., a Partnership. I - I: it My i eom ' mi,sion expires �� , tp�. Witness my hand and official sea:. 1 11. f) 1 _..... .._ o n otary Pu I; : ' rt t ", :.'I 3-g3 Y Address: 3 C ,p . �0 4fM/ _ .�J7� �� b T • 3 I I ,' I - tj n R y a {Y . ) i(• — 7 CS 1 eoO 456 PAG 34 Ij 7 1 ti I II r 1 I II A ►` j I I '' 11 I I , c c II i „, LY '' ., i , , . o r in anywise ,, . .,..„ „ . ,,,, ,, „,......, 1, TOGETHER with all and singular the hereditament” and appurtenances thereunto belonging, ' I: appertaining, and the reversion and reversions, remainder and remainders, rents, issues n the f vet thereof; ; and all 'i. part, �.• I the estate, right, title, interest, claim and demand whatsover of the said party I law or equity, of, in and to the above bargained premises. with the hereditament! and appurtenances. I! I. 1 '' with the appurtenances unto the TO HAVE AND TO HOLD the said promises stove bargained nod described, I `- 1 ; said party of the second part, its successors and assigns forever. And the raid I I I 9c1 i 1 . tT l I part y of the feat par, for it sal f , its / I1 heirs, executors and administrator , agree , does covena grant, bargain and aee to and with the said party of the �,__I second part, its successors and assigns, that at the time of the nstaling and delivcy of these ',regatta erfeet, absolute and indefeasible state •:.1 I it is well seized of the premises above conveyed, as of good, sure, lawful authority to grant, a sMl0. sell to '" 1 1 of inheritance, in law, in fee simple, and has good right, full porn T +: i 1 I and convey the same in manner nd form aforesaid, and that the same are free and clear from all former and I I other grants, bar sales, liens, taxes, assessments sn Inenmbrances of whatever kind or nature soever. i_rryry' II Ir: l r :r r' - _ . . . az. . u 1 111111111.1 •• • • . . • . .. • ' • . . • !I I • • > 0 ■I • C7r. = • .73 Z • - - . 1 . . . . .. ..0 . • , • . . . i l . 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