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Home My WebLink Aboutcoa.lu.gm.GMQS Allotment 204 S Galena, 0013.2013.aslu THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0013.2013.ASLU PARCEL ID NUMBERS 2737 073 40 001 PROJECTS ADDRESS 204 S GALENA STR PLANNER JUSTIN BARKER CASE DESCRIPTION GMQS- ALLOTMENT REPRESENTATIVE HAAS LAND PLANNING DATE OF FINAL ACTION 04.17.2013 CLOSED BY ANGELA SCOREY ON: 9/24/13 Z: l �f 2-73-7 - 0� 3 - lfo -oo I 4sLL4 Permits File Edit: Record Navigate Form Reports Format Tab Help . `N �- .F -- Jump 1 ; �i J lY } J ..,.....e ,__m-------------------------_. .............................................. __ °j Routing Status Fees Fee Summary main Actions Attachments.Routing History 'alluation Arch,Eng Custor i¢ 3 1,Permit type JAspen Land Use Permit# 0013.2013.ASLU '� 3 �' 1 Address 204 S GALENA Apt/ cite — i City ASPEN State CO Zip 81611 Permit Information I i Master permit Routing queue 1asIu07 Applied Project Status. pending Approved Description APPLICATION FOR 204 S GALENA-GMQS ALLOTMENTS REVIEW Issued �.. y i Closed/Final ;a Submitted HAAS LAND PLANNING --� Clock Running Days l "I Expires Owner 1' Last name 204 SOUTH GALENA, LLC First name CURTIS B.SANDERS 1 204 S GALENA ASPEN CO 81611 Phone ,1870}026-6300 Address Applicant vJ Owner is applicant? ❑Contractor is applicant? Last name 20 SOUTH GALENA-LLC First name CURTIS B SANDERS 204 S GALENA -- ---� ASPEN CO 81611 Phone If 070)025-6300 Lusk 29380 rl�irass 3 Lender Last name First name ! 1' I 'AspenGold6(server) angelas ,1 of l x�i,./. ,e.>.////f. s, ✓ e,a::. c. ��mmevi.,., ,A�6�'Sd�/%4S. F��k Y„ RECEPTION#: 599059, 04/29/2013 at 10:34:31 AM, 1 OF 6, R $36.00 Doc Code RESOLUTION Resolution No. 11, Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW FOR NEW COMMERCIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 204 S. GALENA STREET, LOTS A, B, AND C, BLOCK 94, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID:2737-07-3-40-001 WHEREAS, the Community Development Department received an application from 204 s. Galena, LLC, represented by Haas Land Planning, LLC and Charles Cunniffe Architects requesting approval for Growth Management review for Expansion or New Commercial Development to construct a two-story commercial building; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Growth Management review for Expansion or New Commercial Development; and, WHEREAS, the property is located at 204 S. Galena Street and is zoned Commercial Core (CC) with an Historic District Overlay; and, WHEREAS, the Applicant received Final Major Development and Commercial Design Review approval from the Historic Preservation Commission on December 12, 2012 by Resolution #34, Series of 2012; and, WHEREAS, the Applicant received Amendment to Final Major Development and Commercial Design Review approval from the Historic Preservation Commission on February 13, 2013 by Resolution #3, Series of 2013 for an increase in floor area on the second floor and basement; and, WHEREAS,during a duly noticed public hearing on April 16, 2013, the Planning and Zoning Commission approved Resolution No. 11, Series of 2013, by a 6 to 0 vote, approving Growth Management review for Expansion or New Commercial Development; 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 204 S. Galena Street Resolution No 11, Series 2013 Page 1 of 5 development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community plan, and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management review for Expansion or New Commercial Development, permitting an increase of net leasable commercial space, for basement and upper floors, not to exceed 6,200 square feet, subject to the following conditions. Section 2: Engaineerinje The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. The construction management plan submitted as part of building permit shall address parking, staging, encroachments and construction traffic. The Applicant shall work with the Engineering Department and the Parks Department to ensure that any proposed right- of-way improvements, including sidewalks and landscaping, meet all applicable standards. Section 3: Affordable Housing The additional 6,200 square feet of new net leasable commercial space requires mitigation for 3.14 FTE from the upper floor and 8.3 FTE from the basement at the Category 4 level. The second level is approved to be mitigated with Certificates of Affordable Housing Credits. The applicant may mitigate at a lower Category level by converting the category designation of the credit pursuant to the Land Use Code. The actual form and amount of mitigation for the basement will be determined at the time of building permit review for converting the space to net leasable. Final net leasable numbers shall be verified at building permit review. Certificates of Affordable Housing Credit or the provision of affordable housing units in the form of actual newly built or buy- down units, acceptable to APCHA, shall be provided prior to issuance of a building permit. Section 4: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). 204 S.Galena Street Resolution No 11, Series 2013 Page 2 of 5 Section 5: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Adviso ry Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 6: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and grease interceptors are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Even though the commercial space is tenant 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. Elevator shaft drains must flow thru oil and sand interceptor. 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. 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. 204 S. Galena Street Resolution No 11, Series 2013 Page 3 of 5 y Any 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 right-of-way above ASCD main sewer lines and within 3 feet vertically below the ACSD main sewer lines, which are located in Galena St. and the alley to the south. Section 7: Environmental Health The trash/recycling area was amended to accommodate the increase in net leasable area per Environmental Health requirements. The trash/recycling area must operate according to the Environmental Health approved space, as shown in-Exhibit I. Any change in the operation of this space requires new approval from Environmental Health. Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 9: Parks The applicant will be required to receive an approved tree removal permit per Municipal Code Chapter 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the building permits. Mitigation for removals will be paid cash-in-lieu or on site per Municipal Code Chapter 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Landscaping in the public right-of-way will be subject to the requirements of Municipal Code Chapter 21.20. There shall be no plantings within the City right-of-way which are not approved by the City Parks Department and the Engineering Department. The applicant should plant a tree species recommended in the City of Aspen Arbor guide. Parks will work with the applicant on the final approved tree species. Irrigation will be required with a specific planting medium appropriate for tree growth. Planting specifications and details need to be approved by the City of Aspen Parks Department and City Engineering. The City of Aspen is requiring that the improvements to the right-of-way include the use of Silva Cell Technology and pavers placed within the planting zone, the area 5 feet off back of curb. Section 10: Parkin Historic Preservation Commission approval required mitigation for 7 parking spaces on- site that are not being replaced. The additional 6,200 square feet requested generates 6.2 additional parking spaces, requiring mitigation for up to a total of 13.2 spaces. A cash-in- lieu payment will be assessed for actual mitigation required at the time of building permit submission and shall be paid at building permit issuance. Section 11: Impact Fees 204 S. Galena Street Resolution No 11, Series 2013 Page 4 of 5 The applicant shall pay all impact fees assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This 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 14: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of April, 2013, APPROVED AS TO FORM: PLAN G AND ZONING C I ON: Deb Quinn,Assistant City Attorney LJ Erspamer,Chair ATTEST: ckie Lothian,�Depu�tyCity Clerk 204 S.Galena Street Resolution No 11,Series 2013 Page 5 of 5 I i ■ U b mr .2 SLOPE w 3 ;§ r— s# EGRESS STAIR t= Y z10 U I r, DN X Q e W I DUMB L.L i m Y'wTez �Ij !L is ZB = I I w co i I m FOUR(4)%-GAL 7 REGYCL,NG = g ( �ERACEIT CONTAINERS SERVICE SINK I C) I U DRINK FOUNTAIN I ' 211 ✓'V TENANT FINISH OUT (JI I r�- � I r I' ( ELEGTRIG w DISCONN d' � ( � —TY`KJ(2)47D CONTAINERS � �Q0 \ J I 5'-b"X b'-0"(YV.457E MGMT) 2 I UP RAMP Q Z N 4'-6" p DN 10" Z W� •1:12 SLOPE it I f _ w Q p I Q Z • 81/5" 0. GAS METER _ RECESS .—•— N 61/5- A6., 03/29/13 TRASH/SERVICE AREA (C77 MAIN LEVEL PLAN SK A2.2-1 a 1 H } Regular City Planning & Zoning Meeting—Minutes April 16, 2013 500 square feet so the and the size cap under this code is 2,000 but you don't get to sever a TDR so that it is partial. LJ asked about the chimney. Jessica stated the chimney was not approved from HPC conceptual design. Sunny Vann said the commercial expansion was to mainly remove the tented structure that covers portions of the outdoor deck so that is being cleaned up and will be part of the building. No public comments. Jim supported the project and thought it was a good improvement to the character of the downtown. Jasmine stated this application clearly follows the requirements of the code. MOTION: Jim DeFrancia moved to approve Resolution 10 series 2013 approving Growth Management Reviews and recommend Council approve a Subdivision Development of one Free-Market Residential Unit, one Affordable Housing Unit and 292 square feet of new Commercial Space for 534 East Cooper; Ryan Walterscheid seconded. Roll call vote: Stan Gibbs, yes; Keith Goode, yes; Bert Myrin, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 7-0. Public Hearing: 204 South Galena (former GAP) Growth Management & Subdivision LJ Erspamer opened the public hearing for 204 South Galena, the former Gap, and Growth Management Review. LJ asked if there was proof of legal notice. Debbie Quinn reviewed both notices. Justin Barker introduced himself as a planner for the City of Aspen. Justin said this is a 9,030 foot lot and is located in the Commercial Core District with a Historic District overlay; the project received final commercial design review from HPC in December and went back to HPC in February for an amendment to the final review. The request before you today the applicant is seeking Growth Management Allotments for 1700 square feet of new net leasable commercial for the second level and 4500 square feet for future net leasable commercial space. Justin said for the requirement for this area for every 1000 square feet of net leasable space for the ground level would be 4.1 employees; for the basement and the second floor spaces is reduced by 25% would be 3.05 employees for every 1000 square feet. Out of those FTEs they are required to mitigate for 60% of those to 3.14 for the second level and 8.3 for the basement so the total is 11.44 FTEs. 5 Regular City Planning & Zoning Meeting—Minutes April 16, 2013 Justin said the applicant is proposing to mitigate for this second story space of 1700 square feet by purchasing Category 2s Certificate of Affordable Housing credit. This Affordable Housing mitigation requirement is based on Category 4 income level and so the conversion to Category 2 would be based upon the net leasable submitted with the building permit at that time. Justin said the basement space doesn't currently have any committed tenants for that space so it is proposed a decommission space at this time; but the applicant has�roposed 2 options when that space does become usable. The 1St one is like the 2° story by purchasing extinguished certificates of affordable housing and the 2nd one is by providing actual deed restricted units. Justin said the original HPC approval required cash- in-lieu for 7 parking spaces with this increase; up to 6200 square feet they would have to provide the cash-in-lieu for potentially 10 spaces or calculated at time of issuance of building permit. Staff is recommending approval of the Growth Management Allotments for 204 South Galena. Jasmine Tygre asked why is the housing mitigation different depending on street grade or sub-grade or above grade level. Jennifer replied the history on that is the expectations that the employee generation be at lower or higher levels is a less intensive use as office space rather than a restaurant so when the studies were done the employee generation was a little lesser of a rate. Mitch Haas stated it was a fairly straight forward request and Growth Management is a once a year opportunity; they asked for the allotment for all the space that might be needed here. Mitch said they probably over-estimated which is why the actual mitigation be what the actual building permit is. Mitch said on the 2nd floor space they still don't know if they are going to have restrooms of a larger size that might otherwise be required; depends on how late the restaurant stays open will dictate some of that. Mitch said they have no issues with the staff recommendation and the conditions are acceptable. This is a project that is 100% commercial, there is no residential and the height limits comply at the 28 foot height limit. No public comments. Jim said it was a great application and they are holding to the new height levels and all commercial. Jim strongly supported it. Jasmine agreed with Jim. Bert agreed with Jim especially with the new height limit that it could be done. MOTION: Jim DeFrancia moved to approve Resolution 11, 2013 Growth Management Review for the expansion of the new NLA Commercial space for the property located at 204 South Galena. Jasmine Tygre seconded. Roll call vote: 6 Regular City Planning & Zoning Meeting— Minutes April 16, 2013 Bert Myrin, yes; Stan Gibbs, yes; Keith Goode, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; LJErspamer, yes. APPROVED 6-0. Other Business: Debbie Quinn said that last time you talked about your potential code amendments and you need to do a resolution if you wanted to initiate that process and in the minutes May 21 S` was the first meeting available to take that action. Debbie said you may want to notice as a public hearing so the public would be aware of what you are doing. Bert thanked Debbie and would support having that noticed. Bert said that step was not to change anything but to ask Council to let us start things. Debbie asked what particular code amendments so the notice would have some meaning. Bert replied the 2 that Council gave us to work on. Jasmine said maybe we should do the first one because that was all we made it through, which is parking. Debbie said she has read the code and even if Council were to say yes this is a priority and direct staff to start working on it your involvement is the same as other code amendments to give input when staff brings it to you. Debbie said she thought Council has directed you work as you will to try to get a head start on the process. Debbie said she was not sure it was a good expectation to think that you will have a lot of interaction with staff. Adjourned at 5:19 pm. ckie Lothian, Deputy City Clerk 7 • MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Justin Barker, Planner RE: 204 S. Galena St. (previously the GAP) Growth Management Review—Public Hearin DATE: April 16, 2013 APPLICANT/OWNER: STAFF RECOMMENDATION: 204 S. Galena LLC Staff recommends the Planning and Zoning Commission grant Growth Management approval for "Expansion or REPRESENTATIVE: New Commercial Development". Haas Land Planning, LLC and Charles Cunniffe Architects. LOCATION: 204 S. Galena Street, Lots A, B, � And C, Block 94, City and y a Townsite of Aspen »�"yoa `Q CURRENT ZONING: (CC) Zone District with an px Historic District Overlay " SUMMARY: The Applicant requests the FY Planning and Zoning Commission approve Growth Management allotments for 1,700 square feet of new net leasable commercial space z �` for the second level, and 4,500 , a square feet for future basement net A` Y leasable commercial space. 204 S. Galena Location LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission (P & Z) to redevelop the site: • Growth Management Review for Expansion or New Commercial Development for the construction of new commercial space, pursuant to Land Use Code Section 26.470.080.1 Page 1 of 4 Expansion or New Commercial Development. (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). PREVIOUS APPROVALS: In December 2012, HPC granted Final Major Development and Commercial Design Review approval for demolition of the existing structure and replacement with a new commercial building that occupies the full lot on the ground level and a portion of the second level. The approved proposal did not increase existing net leasable commercial area. After Final approval, the program floor area was increased on the second floor and in the basement for specific tenants and received Amendment to Final Major Development and Commercial Design Review approval from HPC in February 2013. PROJECT SUMMARY: The Applicant received approval to demolish the existing one-story commercial building located at the corner of Hopkins Avenue and Galena Street and to redevelop the site with a new two-story commercial building with full basement. The existing property is located in the Commercial Core (CC) Historic District on a 9,030 square foot lot and is not deemed contributing to the District. The existing building contains a net leasable commercial area of 11,319 square feet. The proposed total net leasable commercial area is 16,722 square feet. The applicant requests the following: ■ 1,700 square feet of additional net leasable space on the second level ■ 4,500 square feet of additional net leasable space in the basement STAFF COMMENTS: GROWTH MANAGEMENT REVIEW: The Applicant is requesting growth management approval to obtain sufficient development allotments to construct the proposed project. The request and the project's compliance with the applicable review standards are discussed below: Growth Management Approval for the Expansion of Commercial Development. Only the new net leasable area (NLA) commercial space requested requires mitigation. The development of new NLA commercial space requires affordable housing mitigation at 60% of the employees generated by the new commercial. Additionally, basement and upper floor commercial space allows for a 25% reduction of the number of employees generated per square foot of new NLA space compared to at grade new net leasable space. Every 1,000 square feet of NLA ground level space is equal to 4.1 employees. Every 1,000 square feet of NLA basement or upper floor commercial space is equal to 3.075 employees (this includes the 25% reduction). The calculation for the amount of employees generated for the proposal is as follows: Second level: 1,700 sq. ft. / 1,000 sq. ft. = 1.07 1.07 * 3.075 employees per 1,000 sq. ft. = 5.23 FTE 204 S. Galena Street GMQS for Commercial Page 2 of 4 Basement: 4,500 sq. ft. / 1,000 sq. ft. = 4.5 4.5 * 3.075 employees per 1,000 sq. ft. = 13.84 FTE Only 60% of employees generated by new commercial space must be mitigated. The calculation for the amount of employees that must be mitigated for is as follows: Second level: 5.23 FTE * 0.60 employee mitigation rate = 3.14 FTE Basement: 13.84 FTE * 0.60 employee mitigation rate= 8.30 FTE 3.14 + 8.30 = 11.44 FTE Total The applicant has proposed to mitigate for the 1;700 square feet of second level net leasable area by purchasing and extinguishing Category 2 Certificates of Affordable Housing Credit. The affordable housing mitigation requirements are based on a Category 4 income level. The conversion to Category 2 credits will be based on the amount of additional NLA included with any submitted building plans and calculated at the time of building permit review. The basement space currently has no committed tenants and is proposed as decommissioned space. The applicant has proposed two potential options of mitigation for when the space becomes usable: 1. Purchase and extinguish Certificates of Affordable Housing Credit 2. Provision of sufficient actual newly built or buy-down units deed-restricted If the applicant chooses to mitigate with Certificates of Affordable Housing Credit, the conversion to Category 2 credits will be based on the amount of additional NLA included with any submitted building plans and calculated at the time of building permit review. If the applicant chooses to mitigate with actual newly built or buy-down units, units must satisfy the required amount of FTE in accordance with the schedule outlined in Land Use Code Section 26.470.100.A.2., Employees housed. Any newly built or buy-down units must be approved by APCHA and deed-restricted in accordance with APCHA Guidelines at a Category 4 rate. The original HPC approval required cash-in-lieu mitigation for the 7 spaces that are not being replaced. The increase in net leasable commercial space generates the need for up to 6.2 additional parking spaces (one space per 1,000 square feet net leasable), requiring total mitigation for up to 13.2 spaces. Cash-in-lieu payment (available by right in the Aspen Infill Area) will be based on the amount of additional NLA included with any submitted building plans and calculated at the time of building permit. REFERRAL COMMENTS: Multiple city departments are concerned with the construction impacts on traffic and parking. Any landscaping work that occurs within the right-of-way, including tree removal and new planting, must be approved by Parks. The applicant has revised the 204 S. Galena Street GMQS for Commercial Page 3 of 4 trash/recycling area program in response to Environmental Health comments. The revised, approved plan is attached as Exhibit C. The APCHA Board reviewed the application at their Regular Meeting held April 3, 2013 and recommends approval of the use of the Certificates of Affordable Housing Credit for any required mitigation, calculated at the time of building permit approval. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is generally consistent with the goals of the AACP, as well as, the applicable review standards in the City Land Use Code. Staff recommends approval. RECOMMENDED MOTION(ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to-approve7 Resolution No:_, Series of 2013, approving Growth Management review for the expansion of new NLA commercial space for the property located at 204 S. Galena Street." ATTACHMENTS: Exhibit A- Growth Management Review Criteria for Expansion or New Commercial Development, Staff Findings Exhibit B- DRC Comments Exhibit C- Revised trash/recycling area Exhibit D- APCHA Comments Exhibit E- Application 204 S. Galena Street GMQS for Commercial Page 4 of 4 Resolution No. (SERIES OF 2013) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW FOR NEW COMMERCIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 204 S. GALENA STREET, LOTS A, B, AND C, BLOCK 94, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2 73 7-073-40-001 WHEREAS, the Community Development Department received an application from 204 s. Galena, LLC, represented by Haas Land Planning, LLC and Charles Cunniffe Architects requesting approval for Growth Management review for Expansion or New Commercial Development to construct a two-story commercial building; and, WHEREAS, the Applicant requests approval by the Planning and Zoning Commission for Growth Management review for Expansion or New Commercial Development; and, WHEREAS, the property is located at 204 S. Galena Street and is zoned Commercial Core (CC) with an Historic District Overlay; and, WHEREAS, the Applicant received Final Major Development and Commercial Design Review approval from the Historic Preservation Commission on December 12, 2012 by Resolution #34, Series of 2012; and, WHEREAS, the Applicant received Amendment to Final Major Development and Commercial Design Review approval from the Historic Preservation Commission on February 13, 2013 by Resolution #3, Series of 2013 for an increase in floor area on the second floor and basement; and, WHEREAS, during a duly noticed public hearing on April 16, 2013, the Planning and Zoning Commission approved Resolution No. _, Series of 2013, by a _ to _ vote, approving Growth Management review for Expansion or New Commercial Development; 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 204 S. Galena Street Resolution No , Series 2013 Page 1 of 5 development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management review for Expansion or New Commercial Development, permitting an increase of net leasable commercial space, for basement and upper floors, not to exceed 6,200 square feet, subject to the following conditions. - - - - Section 2: Enizineerin The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. The Applicant design shall also be compliant with the Urban Runoff Management Plan. The construction management plan submitted as part of building permit shall address parking, staging, encroachments and construction traffic. The Applicant shall work with the Engineering Department and the Parks Department to ensure that any proposed right- of-way improvements, including sidewalks and landscaping, meet all applicable standards. Section 3: Affordable Housing The additional 6,200 square feet of new net leasable commercial space requires mitigation for 3.14 FTE from the upper floor and 8.3 FTE from the basement at the Category 4 level. The second level is approved to be mitigated with Certificates of Affordable Housing Credits. The applicant may mitigate at a lower Category level by converting the category designation of the credit pursuant to the Land Use Code. The actual form and amount of mitigation for the basement will be determined at the time of building permit review for converting the space to net leasable. Final net leasable numbers shall be verified at building permit review. Certificates of Affordable Housing Credit or the provision of affordable housing units in the form of actual newly built or buy- down units, acceptable to APCHA, shall be provided prior to issuance of a building permit. Section 4: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (117C), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). 204 S. Galena Street Resolution No , Series 2013 Page 2 of 5 Section 5: Utilities The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standards. Section 6: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and grease interceptors 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. Elevator shaft drains must flow thru oil and sand interceptor. 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. 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. 204 S. Galena Street Resolution No , Series 2013 Page 3 of 5 Any 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 right-of-way above ASCD main sewer lines and within 3 feet vertically below the ACSD main sewer lines, which are located in Galena St. and the alley to the south. Section 7: Environmental Health The trash/recycling area was amended to accommodate the increase in net leasable area per Environmental Health requirements. The trash/recycling area must operate according to the Environmental Health approved space, as shown in Exhibit L Any change in the operation of this space requires new approval from Environmental Health. Section 8: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 9: Parks The applicant will be required to receive an approved tree removal permit per Municipal Code Chapter 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the building permits. Mitigation for removals will be paid cash-in-lieu or on site per Municipal Code Chapter 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. Landscaping in the public right-of-way will be subject to the requirements of Municipal Code Chapter 21.20. There shall be no plantings within the City right-of-way which are not approved by the City Parks Department and the Engineering Department. The applicant should plant a tree species recommended in the City of Aspen Arbor guide. Parks will work with the applicant on the final approved tree species. Irrigation will be required with a specific planting medium appropriate for tree growth. Planting specifications and details need to be approved by the City of Aspen Parks Department and City Engineering. The City of Aspen is requiring that the improvements to the right-of-way include the use of Silva Cell Technology and pavers placed within the planting zone, the area 5 feet off back of curb. Section 10: Parking Historic Preservation Commission approval required mitigation for 7 parking spaces on- site that are not being replaced. The additional 6,200 square feet requested generates 6.2 additional parking spaces, requiring mitigation for up to a total of 13.2 spaces. A cash-in- lieu payment will be assessed for actual mitigation required at the time of building permit submission and shall be paid at building permit issuance. Section 11: Impact Fees 204 S. Galena Street Resolution No , Series 2013 Page 4 of 5 The applicant shall pay all impact fees assessed at the time of building permit application submittal and paid at building permit issuance. Section 12: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 13: This 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 14: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 16th day of April, 2013. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Deb Quinn,Assistant City Attorney LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk 204 S. Galena Street Resolution No , Series 2013 Page 5 of 5 EXHIBIT A GROWTH MANAGEMENT REVIEW CRITERIA 26.470.080.1. Expansion or new commercial development. The expansion of an existing commercial building or commercial portion of a mixed-use building or the development of a new commercial building or commercial portion of a mixed-use building shall be approved, approved with conditions or denied by the Planning and Zoning Commission based on general requirements outlined in Section 26.470.050. 26.470.050.B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: The applicant requested a total of 6,200 square feet of new net leasable commercial space. Sufficient allotments exist to accommodate the expansion for new commercial. Staff finds that this criterion is met. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff Finding: The proposed development of a commercial building reflects the nature and purpose of the Commercial Core Zone District and is similar to the surrounding land uses. Staff finds that this criterion is met. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: The proposal is consistent with the Commercial Core Zone District that was in effect when the application was initially submitted (March 2012.) Staff finds that this criterion is met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: The proposed development is consistent with the Conceptual HPC approval and Commercial Design Standard approval granted on August 8, 2012 via Resolution 18, Series of 2012. Staff finds that this criterion is met. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. Staff Finding: The new NLA on the second level requires mitigation of 3.14 FTE's f(1,700/1,000)*3.075*0.60] and the NLA in the basement requires mitigation for 8.30 FTE's [(4,500/1,000)*3.075*0.60]. The total required mitigation is 11.44 FTE's. The applicant proposes to purchase and extinguish Certificates of Affordable Housing Credit as mitigation for the second level new NLA. The applicant proposes two options as mitigation for the basement floor new NLA:purchase and extinguish Certificates of Affordable Housing Credit or actual newly built or buy-down units. The actual amount for any form of mitigation will be determined at the time of building permit based on the amount of NLA included in submitted plans. Staff finds that this criterion is met. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Staff Finding: No new free market residential is proposed. Staff finds that this criterion is not applicable. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Finding: Staff finds that the proposal does not significantly increase the demand on public infrastructure over what currently exists. Staff finds that this criterion is met. EXHIBIT B DRC COMMENTS Engineering: 1) Drainage: a) General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when the building permit is reviewed. b) A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas all new areas will need to discharge at historic rates. Any detention requirements covered under the FIL option should discharge directly to the City's stormwater infrastructure. However, this site can discharge to the alley. Impacts to the alley must be minimized. c) Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: i) Consider stormwater quality needs early in the design process. ii) Use the entire site when planning for stormwater quality treatment. iii) Avoid unnecessary impervious area. iv) Reduce runoff rates and volumes to more closely match natural conditions. v) Integrate stormwater quality management and flood control. vi) Develop stormwater quality facilities that enhance the site, the community, and the environment. vii)Use a treatment train approach. viii) Design sustainable facilities that can be safely maintained. ix) Design and maintain facilities with public safety in mind. 2) Sidewalk and Curb and Gutter: a) General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. b) It is our understanding that the sidewalk will be demolished and replaced. Portions of the curb and gutter are damaged and require replacement. Should the curb or gutter be further damaged as a result of construction activities, it will be the property owner's responsibility to repair the damage as described in Title 21 3) Construction Management: a) Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 — April 15 and June 1 — Labor Day). 4) Excavation Stabilization: a) Due to the proximity of the neighboring property, the City will require an excavation stabilization plan prior for any excavation. The plan should be submitted with the building permit submittal. 5) Fee in Lieu: a) This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. Parks: 1) Landscaping and Sidewalk Landscaped area: a) 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. b) The applicant should plant a tree species recommended in the City of Aspen Arbor guide. Parks will work with the applicant on the final approved tree species. c) Irrigation will be required with a specific planting medium appropriate for tree growth. d) Planting specifications and details need to be approved by the City of Aspen Parks Department and City Engineering. The City of Aspen is requiring that the improvements to the ROW include the use of Silva Cell Technology and pavers placed within the planting zone, the area 5 feet off back of curb. 2) Tree Permit: a) If a tree(s) is requested for removal, the applicant will be required to receive an approved tree removal permit per City Code 13.20, this includes impacts under the drip line of the tree. Parks is requiring that the tree permit be approved prior to approval of the demo and/or building permits. If a permit is necessary, contact the City Forester at 920-5120. Mitigation for removals will be paid cash in lieu or on site per City Code 13.20. Parks will approve a final landscape plan during the review of the tree removal permit based on the landscape estimates. 3) Tree Protection: a) 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 ACSD: 1) Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. 2) 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. 3) On-site utility plans require approval by ACSD. 4) 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. 5) Oil and Sand separators are required for parking garages and vehicle maintenance establishments. i) Driveway entrance drains must drain to drywells. ii) Elevator shaft drains must flow thru o/s interceptor 6) Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 7) Below grade development may require installation of a pumping system. 8) 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. 9) 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. 10)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. 11)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. 12)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. 13)Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below the ACSD main sewer lines, which are located in Galena St. and the alley to the south. 14)We can comment on this application in greater detail once detailed plans have been submitted to the District. Environmental Health: Environmental Health originally approved the trash/recycle area during the HPC approval process for the Gap building. Environmental Health reviewed the application again during this most recent request for additional space and found the proposed area would not function properly given the new use and expanded space of the building. After working with the applicant to redesign the space, Environmental Health now grants approval based on the attached plan. The new plan allows space for four(4) rolling recycle bins and two (2) dumpsters, one for trash and one for cardboard recycling. The proposed space meets the dimension requirements of the Land Use Code, but the applicant has proposed a different alignment to the alleyway than what is required in the code. The proposed alignment reduces the opening to the trash/recycle area and will require the front bins to be removed by the waste hauler to provide access to the bins stored in back. Zoning: 1) Sheet AOA: Net Leasable a) Proposed net leasable schedule states the common mechanical, electrical, circulation, etc. are exempt. The label should be `non-unit' or `common non-unit'. b) Proposed net leasable the dumbwaiter is two different sizes? And it is not exempt from net leasable. 2) Sheet A0.2 floor area existing and proposed: a) Existing main level, the stairs do not add to floor area. b) Proposed, the basement is not exempt as there is exposed wall at the exterior stair. c) Count the crawlspace in the basement (West, North and South). d) The exterior stair is considered `deck exemption', add it to the total (all three levels). e) The main level the mechanical chase from the basement.... Is a corridor?Not much of a mechanical chase. The `corridor' is only partially counted in floor area; why? 0 The planter boxes on the deck count as deck; add the area to total. The dumbwaiter is counted in floor area on the main level; exempt on the top level. 3) A3.1 —A3.2 Proposed elevation: a) Provide the proposed height of the elevator overrun I I i � FF DD O AMP C1) R f w i �\ EGRESS STAIR z10 DN i Q E w - vv Llj o ___ LL 7777 DUMB Z m w WAITER f m Z 8 I m v C> LL1 m FOUR(4)96-6AL RECYCLING = s CONTAINERS U �ERVICE/T SH SERVICE SINK 4 AREA DRINKING FOUNTAIN I ��— I 211 _ W/TENANT FINISH OUT _ im I o Lu W ELECTRIC - 1 DISGONN A TWO(2)4-YD CONTAINERS 0)Q 5-6"X 6'-0"(WASTE M6MT) Q Z O Z J J I RAMP 4'-6" O ® 1:12 SLOPE Iii I Q (/j W (D a N U) U Q Q (V GAS METER--// ETER ------------- REGE55 4-4 s/a° 9-9 va" l0'-0" 03/29/13 61/8" A6,1 PROPOSED TRASH/SERVICE AREA MAIN LEVEL PLAN SK A2.2-1 u MEMORANDUM TO: Justin Barker, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager DATE: April 3, 2013 RE: REDEVELOPMENT OF 204 S. GALENA (aka the Gap Building) ISSUE: The applicant is proposing to redevelop the property of the former Gap building. BACKGROUND: The applicant is proposing to demolition the existing and replace with a new building that will include a full basement, commercial on the first floor, and a restaurant to be located on the second level of the new structure. The second level is also to include outdoor seating. The applicant intends to add 1,700 square feet of net leasable area (NLA) for the restaurant space as well as building out up to 4,500 square feet of net leasable basement space. Second Floor Restaurant Space: This is additional space is located on the second floor, the 1,700 NLA generates an additional 5.23 FTE's (1,700 - 1,000 X 3.075 = 5.23), of which 60% is required for mitigation purposes (5.23 X 60% = 3.14 FTE). The proposal does not include any on-site affordable housing. The applicant is requesting to mitigate by purchasing Certificates of Affordable Housing Credits. The required mitigation for the redevelopment of the second floor of 204 South Galena is 3.14 Category 4 FTE's, per the Land Use Code. The Certificates available are designated as Category 2; therefore, based on Section 26.540.110, Converting category designation of an affordable housing certificate, the conversion from Category 2 credits to Category 4 mitigation requirement equates to 1.84 FTE credit requirements (3.14 FTE X $141,268 [the Category 4 fee] = $443,582; $443,582 $241,538 [the Category 2 fee] = 1.84 Category 2 FTE. The actual amount, however, will be based on the amount of additional NLA included within any submitted building plans at the time of building permit. Basement Space: The mitigation for the build-out of the future basement space of up to 4,500 square feet of NLA is calculated as follows: 4,500 _ 1,000 X 3.075 = 13.84 FTE; 13.84 X 60% = 8.3 FTE at Category 4. The Certificates available are designated as Category 2; therefore, -based on Section 26.540.110, Converting category designation of an- affordable housing certificate, the conversion from Category 2 credits to Category 4 mitigation requirement equates to 4.85 FTE credit requirements (8.3 FTE X $141,268 [the Category 4 fee] = $1,172,524; $1,172,524 - $241,538 [the Category 2 fee] = 4.85 Category 2 FTE. Again, the actual amount will be based on the amount of additional NLA included within any submitted building plans at the time of building permit. Redevelopment of 204 S.Galena Page 1 The table below shows the generated FTE's with the proposed build-out of the development at the 100% mitigation, 60% mitigation requirement based on the Code at the Category 4 level, and what the breakdown is by providing the available Category 2 Certificates of Affordable Housing Credits: 60% @ Conversion Floor 100% Category 4 to Category 2 2nd Floor 5.23 3.14 1.84 Basement 13.84 8.3 4.85 TOTAL 19.07 11.44 6.69 The applicant is proposing to mitigate at what is currently required in the Code. The difference in providing mitigation at the Category 2 60% level is a difference of 12.38 FTE's. RECOMMENDATION: That APCHA Board reviewed the application at their Regular Meeting held April 3, 2013 and recommends approval of the use of the Certificates of Affordable Housing Credits for any required mitigation calculated at the time of building permit approval. By allowing the use of the Certificates, however, the development is not allotted any points to the overall GMQS score. Once again, however, the community is relied upon to make up the difference of the shortfall of the generated FTE's. By allowing less than 100% mitigation, the community will need to add an additional 12.38 FTE's of affordable housing. Staff commends the applicant for proposing the use of the Certificates of Affordable Housing Credit program to be used for mitigation. Staff would recommend that any mitigation requirement be based on the stated amount in the Aspen/Pitkin County Employee Housing Guidelines in effect at the time of building permit approval. Redevelopment of 204 S.Galena Page 2 ltii P AN H I& LLG HAAS LAND L February 15,2013 RECOSVED Ms. Amy Guthrie F c.B 15 2013 City of Aspen Historic Preservation Officer 130 South Galena Street CITY OF ASPEN Aspen, CO 81611 COMMUNITY DEVELOPMENT RE: GMQS Review and Associated Growth Management Allotments for 204 South Galena Street, Aspen (Lots A-C, Block 94, City and Townsite of Aspen; PID #2737-073-40-001; a/k/a "the Gap Building") Dear Amy: Please consider this letter and the accompanying plans prepared by Charles Cunniffe Architects (CCA) to constitute a formal request for Growth Management Review and the granting of the associated Growth Management allotments for additional commercial space in the redeveloped Gap Building located at 204 South Galena Street. The property is legally described as Lots A-C, Block 94, City and Townsite of Aspen (Parcel Identification Number is 2737-073-40-001). It is a 9,000 square foot lot in the Commercial Core (CC) Zone District. The Vicinity Map below shows the property's general location relative to the surrounding area. O��mE'7i�1&m /-•r10 - �_u.h i-.•:ep + � ararde t Ball iw 2 Field s2) z Aspen { _ o rn Paepcke Park c7j `r""n�t Fs�ca� `r Q n •c'4OAl44c Ars c' ci ___ zf S HJ"-n Ave Fy, c c) .m Flo Herrman <� Park .•r A,a a ber u E['�OAor q.a an qyq E HOFfi:•:;An Wagner ci Park � ; E[ir,•c'1 <z `-� 7 ENyman A,9 co C ' _1 c map4Vest 67C" r Sr r� c7, .q, a'v^ 02013 NIapQuest Portions 02013 NAVTEQ Vicinity Map - 204 South Galena Street, Aspen • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO • 8161 1 • • PHONE: (970) 925-7819 FAX: (970) 925-7395 - 0 The applicant has previously received Conceptual and Final Commercial Design Review (CDR) approvals from the Aspen Historic Preservation Commission (HPC) pursuant to Resolution Nos. 18 and 34, Series of 2012 (both attached to this application in Exhibit 7). This application is seeking Growth Management Allotments for additional commercial net leasable space pursuant to Aspen Land Use Code Sections 26.304, 26.470.050, 26.470.070(4), 26.470.080(1), 26.470.100, 26.470.110, 26.470.120, 26.515, 26.540, 26.575.020, 26.610, and 26.710.140. Per the Code, Growth Management Allotment applications must be submitted on either February 15th or August 15th. The applicant intends to add 1,700 square feet of Net Leasable Area (NLA) to the previously approved second floor space and will satisfy associated affordable housing mitigation requirements with Certificates of Affordable Housing Credit. The applicant is also seeking conditional GMQS review and approval for a separate but associated allotment of 4,500 square feet of net leasable basement space. The applicant will provide affordable housing mitigation in the form of either cash-in-lieu or Certificates of Affordable Housing Credit for this additional space prior to receiving a building permit involving the finishing of any such basement space. For the reviewer's convenience, all pertinent supporting documents are provided in the various exhibits to the application, which include: Exhibit 1: Land Use Application and Dimensional Requirements Forms; Exhibit 2: Proof of the Applicant's Ownership; Exhibit 3: Pre-Application Conference Summary; Exhibit 4: Authorization for Haas Land Planning, LLC (HLP), and Charles Cunniffe Architecture (CCA)to represent the applicant; Exhibit 5: Dimensional Requirements of the Commercial Core (CC) Zone District; Exhibit 6: HPC Resolution Nos. 18 and 34, Series of 2012; Exhibit 7: An executed application fee agreement; and, Exhibit 8: Mailing addresses of record for all property owners located within 300 feet of the subject property (to be provided no more than 60 days prior to the Planning and Zoning Commission Hearing). In addition, architectural plans and area calculations for the existing and proposed conditions have been prepared by Charles Cunniffe Architects and accompany this application. Previous Approvals: Pursuant to Resolution No. 18, Series of 2012, the HPC granted Major Development (Conceptual) Commercial Design Review (Conceptual), and Demolition approvals for the property subject to the following conditions: 1. The applicant has represented that the project results in no new net leasable space. The Community Development Department finds that the Conceptual floor plans provided to HPC do not yet meet Municipal Code in this regard. Staff and 2 204 South Galena Street GMQS Application applicant will work together to ensure that the project is consistent with this representation to the Board. 2. The approved drawings are dated 8/01/12, with the exception of the north elevation. The approved north elevation is dated 7/19/12 and is labeled as "Exhibit II," of the August 8th, 2012 Historic Preservation Commission meeting record, with the approved dimensions of the fagade handwritten in to reflect the applicant's representations during the public hearing. 3. The roof on the upper story restaurant space will be reviewed in further detail at Final. 4. The applicant has represented that the requirement to provide 10% of the lot area dedicated to public amenity space will be satisfied by an upper floor restaurant deck, an option that is permissible within the Commercial Design Guidelines. If the restaurant use is removed, compliance with the Public Amenity requirements in effect at that time will be required. 5. 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. Pursuant to Resolution No. 34, Series of 2012, the HPC granted Major Development (Final) and Commercial Design Review (Final) approvals for the property subject to the following conditions: 1. A lighting plan, Exhibit II of the December 12, 2012 meeting record, was reviewed and approved by HPC. 2. Prior to building permit application, amend the floor plans to include an airlock entry for each tenant space. 3. Prior to building permit application, provide a plan indicating all rooftop mechanical and screening for review and approval by staff and monitor. No mechanical equipment or vents may be placed on top of the second floor mass. 4. The applicant has represented that the requirement to provide 10% of the lot area dedicated to public amenity space will be satisfied by an upper floor restaurant deck, an option that is permissible within the Commercial design guidelines. If the restaurant use is removed, compliance with the Public Amenity requirements in effect at that time will be required. 5. Replacement of the existing 7 on-site parking spaces shall be by cash-in-lieu payment. 6. The applicant has demonstrated in the Conceptual review that the project is below the Courthouse View Plane as it crosses the property. 7. Verify net leasable commercial and non-unit calculations with the City Zoning Officer prior to building permit application. 204 South Galena Street GMQS Application 3 The applicant has recently gone back to HPC (on February 13th) with a slightly modified design to that previously approved, where said modifications affect the massing in order to accommodate increasing the second floor net leasable area by approximately 1,700 square feet. This application is seeking the necessary Growth Management approvals and associated allotments to accommodate that additional commercial space, as well as the future potential of building out up to 4,500 square feet of net leasable basement space. The HPC approved the proposed amendments during their February 13th hearing, and in doing so amended condition number 2 of the Final approval to allow a comparable alternative to airlock entries for the ground floor spaces, and they also eliminated condition number 3 to allow screened rooftop mechanical equipment. Project Description: The applicant has already received Final Major Development and Final Commercial Design Review approvals for the redevelopment of this property. The applicant recently went back before the HPC with a slightly modified development plan that includes an additional 1,700 square feet of commercial Net Leasable Area (NLA) and the potential for future basement space. HPC has approved this request subject to the property receiving the required growth management review approvals and associated allotments for the extra space. The applicant is seeking 1,700 square feet of commercial NLA from the 2013 annual allotment pool. Mitigation of the employee generation for this additional commercial space will be accomplished by the purchase and extinguishing of Certificates of Affordable Housing Credit. Additionally, and separate from the above request, the applicant is seeking conditional approval of a GMQS allotment for as much as 4,500 square feet of net leasable basement space that may be finished out in the future. Prior to issuance of a building permit for the basement space, the applicant will mitigate for the additional employees generated in a form acceptable to the City, whether through cash- in-lieu, Certificates of Affordable Housing Credit or actual units. Review Requirements: Growth management review is necessary to obtain allocations for the additional commercial space that is proposed to be included within the redevelopment. Given this requirement for GMQS approvals, it is necessary to first be reviewed by staff against the Community Objectives Scoring Criteria, The P&Z then conducts their review of the proposal's consistency with the GMQS general requirements, the affordable housing standards, the rules applicable to expansion or new commercial development, and the use of Certificates of Affordable Housing Credit. Accordingly, this section of the application addresses Aspen Land Use Code Sections: 26.470.120, Community Objectives Scoring Criteria; 26.470.050(B), General Requirements; 26.470.070(4), Affordable Housing; 26.540, Certificates of Affordable 204 South Galena Street GMQS Application 4 Housing Credit; 26.470.080(1), Expansion or New Commercial Development; and 26.515.030, Off-Street Parking. The following portions of this application address the applicable review standards of the Code in the order of the Sections listed hereinabove. A Community Objective Scoring Criteria, Section 26.470.120 All applications for a Major Planning and Zoning Commission Growth Management Review are to be assigned a Community Objectives score by the Community Development Director (the CDD), pursuant to Section 26.470.120 of the Code. The assigned scores are to be used to establish the review order and sequence to which applications may be granted growth management allocations. Provided below are the Community Objectives Scoring Criteria (in italicized and indented print) with each followed by a recommended score and its rationale/justification. Community Objectives Scoring Criterion #1 — Workforce Housing The community desires a balance between Aspen — the Community and Aspen — the Resort. Both the social fabric of the community and the long-term economic well-being of the resort are reliant on a resource of housing opportunities for local working residents. The Community Development Director shall assign a score to each project for this objective based on following point schedule: Points for the Number of Employees Housed. One (1) point shall be assigned for each one (1) percent by which a proposal exceeds the minimum affordable housing requirements of this Chapter, as applicable to the particular type of development, with actual housing units on-site or off-site. Depending upon the type of development, affordable housing requirements are either expressed as a number of units, number of employees to be housed, or as a square footage of housing to be provided and the score shall be a reflection of the applicable requirement. In circumstances where a project's affordable housing requirements are a combination of requirements, the average percent by which a proposal exceeds each requirement shall be used. In no case shall cash-in-lieu be used to obtain points for this criterion. The project includes only commercial space. As such, Section 26.470.080(l) of the Code directs an applicant to the requirements of Section 26.470.050. Therefore, sixty (60) percent of the employees generated by the additional commercial development, according to Section 26.470.100(A), Employee Generation Rates, are to be mitigated through the provision of affordable housing. During the previous approvals, it was determined that no new net leasable area (NLA) would be created as a result of the redevelopment. Therefore, no additional employees would be generated and no mitigation was required. The newly proposed layout will add an additional 1,700 square feet of NLA on the second level. Since this additional space is on the second level, it will generate an additional 5.23 full-time equivalent employees (FTE), as follows: [(1,700/1,000) x 3.075]. Category 4 housing must be provided for 204 South Galena Street GMQS Application 5 60% of the employees generated by the additional commercial space, which equates to 3.14 FTE (5.23 x 60%). The applicant will purchase and convert Category 2 Certificates of Affordable Housing Credit as mitigation, which is authorized in Sections 26.470.070.4(b) and 26.540.080 of the Code and based on the formula outlined in Ordinance 32, Series of 2012. This conversion equates to 1.84 Category 2 Certificates of Affordable Housing Credit as follows: 3.14 FTE x $141,268 (Category 4 fee) = $443,582; and $443,582 / 241,538 (Category 2 fee) = 1.84 Category 2 FTE. The actual amount of credits to be extinguished will be based on the amount of additional NLA included within any submitted plans for building permit. The mitigation for the future basement space of up to 4,500 square feet of NLA is calculated as follows: [(4500/1000) x 3.075] = 13.84 FTE; (13.84 x 60%) = 8.3 FTE at Category 4. If Category 2 Certificates of Affordable Housing Credit are used as mitigation for this future basement space, the applicant will need to mitigate for 4.85 Category 2 FTE, as follows: 8.3 Category 4 FTE x $141,268 (Category 4 fee) = $1,172,524; and $1,172,524 / $241,538 (Category 2 fee) = 4.85 Category 2 FTE. Again, the actual amount of credits to be extinguished will be based on the amount of additional NLA included within any submitted plans for building permit. Although no points are generated under this criterion because no actual units will be built, an adequate number of Certificates of Affordable Housing Credit will be extinguished to fully satisfy the requirements of the Code. Points for the Size of Affordable Housing Units. One (1) point shall be assigned for each one (1) percent by which proposed affordable housing units exceed the minimum square footage requirements of the Aspen/Pitkin County Housing Authority Guidelines. In no case shall cash-in-lieu be used to obtain points for this criterion. No points are possible under this criterion since, as explained above, the applicant will be using Certificates of Affordable Housing Credit. Minimum Threshold Requirement: Proposals with less than the minimum required affordable housing requirement, as requirement pursuant to this Chapter according to the particular type of development, shall receive a failing score for this criterion and shall be denied by the Community Development Director. The minimum requirement may be a combination of on-site units, off-site units, or cash-in-lieu thereof, as such methods are permitted by this Chapter. The proposal for additional commercial space on the second floor includes the purchase and extinguishing of what is anticipated to be 1.84 Category 2 Certificates of Affordable Housing Credit as permitted under Sections 26.470.070.4(b) and 26.540.080 of the Code. The actual amount of credits to be extinguished will be based on the amount of additional NLA included within any submitted plans for building permit. Similarly, the anticipated square footage of additional space proposed for the basement generates a mitigation requirement of 8.3 FTE at Category 4. As mentioned above, if and 204 South Galena Street GMQS Application 6 when the applicant decides to finish out the basement, the appropriate cash-in-lieu or Certificates of Affordable Housing Credit will be provided based on the amount of additional NLA included within any submitted plans for building permit. In total, the proposed project meets all requirements for Workforce Housing mitigation but still earns zero (0) points under Community Objectives Scoring Criterion #1 - Workforce Housing. Community Objective Scoring Criterion #2—Energy Conservation The community desires development that minimizes its impact on the natural environment and to maintain a leadership role in energy conservation and production strategies, efficient building techniques, and use of materials. The Community Development Director shall assign a score to each project for this objective based on following point schedule and the most recent version of the Leadership in Energy and Environmental Design (LEED) standards of the US Green Building Council: Points for LEED Certified projects. LEED Bronze level projects = 10 points. LEED Silver level projects = 20 points. LEED Gold level projects = 30 points. LEED Platinum level projects = 50 points. In order for proposals to obtain points for this criterion, an applicant must demonstrate credible progress towards certification as determined sufficient by the Community Development Director. It shall not be considered sufficient to merely state a certification level without evidence supporting progress towards actual certification by the US Green Building Council. In no event shall a project be relieved of the adopted energy efficiency requirements of the City of Aspen that are applicable to all development projects. The applicant will follow the applicable energy efficiency requirements of the City of Aspen, but does not intend to have the building LEED certified. Therefore, this application will not receive any points under this criterion. Community Objective Scoring Criterion #3—Small Lodges This criterion applies only to development proposals involving tourist accommodations. Therefore,this criterion is not applicable and no points are possible hereunder. In summary, the proposed commercial development project meets all applicable Code requirements but earns zero (0) points in the Community Objectives Scoring. No points are needed in order to receive the requested GMQS allotment provided sufficient allotments are available. The number of points an applicant scores merely determines the order in which all submitted and complete GMQS applications will be reviewed. 204 South Galena Street GMQS Application 7 B. General Requirements, Section 26.470.050(B) 'Pursuant to Section 26.470.050(B) of the Code, all development applications for growth management review must comply with the following generally applicable criteria and the review criteria applicable to the specific type of development (the generally applicable criteria are provided below in indented and italicized text with each followed by a response demonstrating consistency and/or compliance therewith, as applicable): 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Section 26470.030.D. Applications for Multi-Year Development Allotment, pursuant to 26470.090.1, shall not be required to meet this standard. The annual commercial growth management allotment available for commercial space is 33,300 net leasable square feet. This application is only seeking 1,700 square feet for the additional second floor commercial space, and a conditional approval for an additional 4,500 square feet for future basement space. The requested allotment for additional basement commercial space is independent of the request for the 1,700 square feet on the second level. In any event, there are sufficient growth management allotments available to accommodate both facets of the proposed development. A multi-year allotment is not requested or required. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. The proposed development of a two-story commercial building is compatible with land uses in the surrounding area. Almost every property in the immediate vicinity is comprised of either commercial or mixed-use buildings. The City has adopted no applicable regulatory master plan. 3. The development conforms to the requirements and limitations of the zone district. The proposed development is completely consistent with the requirements and limitations of the underlying Commercial Core (CC) Zone District(see Exhibit 5). 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval, and the Conceptual Planed Unit Development approval, as applicable. The proposed development is fully consistent with the Conceptual and Final Commercial Design Review approvals granted by the HPC (see Exhibit 6), and the recent amendment thereof. 204 South Galena Street GMQS Application 8 5. Unless otherwise specified in this Chapter, sixty (60)percent of the employees generated by the additional commercial or lodge development, according Section 26470.100A, Employee Generation Rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Section 26470.070.4, Affordable Housing, at a Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26540.090 Criteria for Extinguishment of the Certificate. As explained above in response to the Community Objective Scoring Criteria, the applicant will be extinguishing Certificates of Affordable Housing Credit as mitigation and in satisfaction of this standard. 6 Affordable housing Net Livable Area,for which the finished floor level is at or above Natural or Finished Grade, whichever is higher, shall be provided in an amount equal to at least thirty (30) percent of the additional free-market residential Net Livable Area,for which the finished floor level is at or above Natural or Finished Grade, whichever is higher. Affordable housing shall be approved pursuant to Section 26470.070.4, Affordable Housing, and be restricted to Category 4 rate as defined in the Aspen Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower Category designation. Affordable housing units that are being provided absent a requirement ("voluntary units') may be deed restricted at any level of affordability, including Residential Occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26540, such Certificate shall be extinguished pursuant to Chapter 26540.090 Criteria for Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. No free market residential space is requested for this property. As mentioned above, the applicant will extinguish Certificates of Affordable Housing Credit as mitigation for any additional employees generated by the project's net leasable commercial space. The AH units from which-the credits are derived have been separately deemed by the City to satisfy the requirements of this standard. 7. The project represents minimal additional demand on public infi°astructure or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control,fare and police protection, solid waste disposal, parking, and road and transit services. 204 South Galena Street GMQS Application 9 AIII� The project site benefits from readily available, existing infrastructure. The existing structure is served with City water and electric, ACSD sewer facilities, and existing communication utilities. Being centrally located in the Commercial Core (CC) zone, police, emergency and fire protection services as well as parking, road and transit services are all readily available. Storm water will be handled according to current City regulations, resulting in less discharge than is now the case. C. Affordable Housing, Section 26.470.070(4) and Chapter 26.540 The development of affordable housing deed restricted in accordance with the APCHA Guidelines requires review and approval by the Planning and Zoning Commission based on the criteria below. Each criterion is provided in indented and italicized text, and each is followed by a response demonstrating consistency and/or compliance therewith, as applicable a) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. As mentioned throughout this application, no units are proposed; instead, the applicant will extinguish Certificates of Affordable Housing Credit for the additional commercial space on the second floor. As mentioned above, if and when the applicant decides to finish out the basement, the appropriate cash-in-lieu or Certificates of Affordable Housing Credit will be provided based on the amount of additional NLA included within any submitted plans for building permit. b) Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City of Aspen city limits. Units outside the city limits maybe accepted as mitigation by the City Council, pursuant to 26470.090.2. If the mitigation requirement is less than one full unit a cash-in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Section 26470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Director, pursuant to Chapter Section 26540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. c) Each unit provided shall be designed such that the finished floor level of fifty (50)percent or more of the unit's Net Livable Area is at or above Natural or 204 South Galena Street GMQS Application 10 Finished Grade whichever is higher. This dimensional requirement may be varied through Special Review, pursuant to Chapter 26.430. d) The proposed units shall be deed restricted as 'for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned qualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City of Aspen to own the unit and rent it to qualified renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or non-profit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County, or other similar governmental or quasi-governmental agency shall not be subject to this mandatory 'for sale"provision. As mentioned previously, the applicant will extinguish Certificates of Affordable Housing Credit to satisfy the affordable housing requirements for the additional second floor commercial space. The specific method of mitigation for the basement space will be determined at a later date but prior to issuance of any building permit for development of all or part of the up to 4,500 square feet of NLA on that level. e) Non-Mitigation Affordable Housing. Affordable housing units that are not required for mitigation, but meet the requirements of Section 26470.070.4(a- d). The owner of such non-mitigation affordable housing is eligible to receive a Certificate of Affordable Housing Credit pursuant to Chapter 26.540. This criterion is not applicable. - - - - - - - - - - - - - Chapter 26.540 of the Code describes the process for establishing, transferring and extinguishing a Certificate of Affordable Housing Credit. A Certificate of Affordable Housing Credit may be sold, assigned, transferred or conveyed in whole or in part, in increments no less than one-one-hundredths (.01), pursuant to Ordinance No. 32, Series of 2012, which amended Chapter 26.540 of the Code. The proposal for up to 1,700 square feet of additional commercial net leasable space on the second floor includes the purchase and extinguishing of what is anticipated to be 1.84 Category 2 Certificates of Affordable Housing Credit as permitted under Sections 204 South Galena Street GMQS Application 11 26.470.070.4(b) and 26.540.080 of the Code. If fewer credits are determined to be necessary for mitigation, then the applicant will extinguish only the number of credits actually required. The actual amount of credits to be extinguished will be based on the amount of additional NLA included within any submitted plans for building permit. Similarly, the anticipated square footage of additional space proposed for the basement generates a mitigation requirement of 8.3 FTE at Category 4. If and when the applicant decides to finish out the basement, the appropriate cash-in-lieu or Certificates of Affordable Housing Credit will be provided based on the amount of additional NLA included within any submitted plans for building permit. D. Expansion or New Commercial Development,Section 26.470.080(1) Section 26.470.080(1) of the Code explains that the expansion of an existing commercial building is to be reviewed and approved by the Planning and Zoning Commission based on the General Requirements outlined in Section 26.470.050 of the Code. The proposal's consistency with the General Requirements of Section 26.470.050(B) has been fully addressed above. E. Off-Street Parking, Section 26.515.030 No off-street parking is being provided for this redevelopment within the Commercial Core. The seven (7) existing off-street parking spaces will be replaced by a cash-in-lieu payment as permitted under Section 26.515.030 of the Code and as required by the HPC approvals. As permitted by Code, the applicant will pay any additional applicable cash- in-lieu fees for parking as/if building permit applications for increases in commercial net leasable space are applied for. It is hoped that the information provided herein and in the accompanying plans prove helpful in the review and approval of this project. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC e t � 1 Mitch Haas Owner/Manager 204 South Galena Street GMQS Application 12 Exhibits • Exhibit 1: Land Use Application and Dimensional Requirements Forms; • Exhibit 2: Pre-Application Conference Summary prepared by Amy Guthrie; • Exhibit 3: Proof of the Applicants' Ownership; • Exhibit 4: Authorization for Haas Land Planning, LLC (HLP) and Charles Curuliffe Architects (CCA)to represent the applicant; • Exhibit 5: Dimensional Requirements of the Commercial Core (CC) Zone District; • Exhibit 6: HPC Resolution Nos. 18 and 34, Series of 2012 • Exhibit 7: An executed application fee agreement; and, • Exhibit 8: Mailing addresses of record for all property owners located within three- hundred feet of the subject property. (To be provided no more than 60 days prior to the P&Z Hearing.) Attachments Plans set from Charles Cunniffe Architects 204 South Galena Street GMQS Application 13 EXHIBIT ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: Qui V u - c-na yTrtl Location: & Glo lei` 1 s� . °r Js A-C 1 c C (Indicate street address, lot&block numbe , legal description where'appropriate) Parcel ID#(REQUIRED) 91- - 'N'" 3-�-�.. � -' ;O APPLICANT: Name: 001- SOCA Go P,% a t -rd LLC Address: o o r S 6, Cti ar € k Mill x - 21 ? 10 Phone#: 9- (4-3 0 V REPRESENTATIVE: Name: flacks L j 01 an IV1C. Address: Q01 N . M i l l Sf, S v 1 i-C' o P` r Phone#: 0-16) 9 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use >q GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA-8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) ( t^�14lflV 1 (' in �'i �� i �tJ1 �� ?(!!(0 akIs1"t "— A'r" 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. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM r• C Project: q S � l)(, Applicant: aoL1 ,SotJJ1 &11?tig %-rp4, (-C- _ Location: — 1 Zone District: Cif iylt``Yp a'i Gl ! r0 re__ Lot Size: (I 0ob Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark,easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing. Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed%of demolition (Historic properties only): DIMENSIONS: � Floor Area: Existing: 5 ��(�' Allowable:/X,0SProposed: �3i Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing./Z I Allowable: Proposed:/"1 M On-Site parking: Existing: 7 Required: Proposed: % Site coverage: Existing: I'IX Required: Proposed: %Open Space: Existing: 0% Required: /0 Proposed: Front Setback: Existing:/J//\ Required: Af A Proposed: A VA Rear Setback: Existing:LIRequire&Required: Proposed: Combined F/R: Existing: Required.• Proposed.• Side Setback: Existing: Required.• Proposed.• Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Proposed: Distance Between Existing Required: fi A Proposed:I� A Buildings Existing non-conformities or encroachments: Variations requested: EXHIBIT AT'T'ORNEYS&COUNSELORS AT LAW � .L... JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET,SUITE 201 ASPEN,COLORADO 81611-1557 Sherman & Howard L.L.C. TELEPHONE:(970)925-6300 FAX:(970)925-1181 OFFICES IN:DENVER•COLORADO SPRINGS ASPEN-VAIL STEAMBOAT SPRINGS•PHOENIX•SCOTTSDALE.•RENO- LAS VEGAS• ST.LOUIS Curtis B.Sanders Office Number(970)925-6300 Ext.214 E-mail: csanders(a0shermanhoward.com February 11, 2013 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 204 South Galena Street, LLC; Certificate of Ownership Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 204 South Galena Street, LLC, a Colorado limited liability company, is the owner of certain improved real property located at 204 South Galena Street, Aspen, Colorado 81611, and legally described as Lots A,B, and C,Block 94, City and Townsite of Aspen, County of Pitkin, State of Colorado (the "Subject Property"), subject only to the following matters of record: 1. Reservations or exceptions as to any mine of gold, silver, cinnabar or copper, or to any valid mining claims or possession held under existing laws, contained in deeds recorded in Book 59 at Page 3 and in Book 59 at Page 101. 2. Encroachment Agreement with the City of Aspen recorded June 11, 1987 in Book 538 at Page 929. 3. Memorandum of Contract between Colorado Cable Company and 204 South Galena, LLC, recorded October 24, 2011 at Reception No. 583798. 4. Resolution of Aspen Historic Preservation Commission,. Resolution 418, Series of 2012, recorded August 27, 2012 at Reception No. 591643. 5. Deed of Trust recorded October 26, 2012 as Reception No. 593493. 6. Assignment of Rents recorded October r26, 2012 at Reception No. 593494. 7.Notice by Disburser recorded October 26, 2012 at Reception No. 593495. BUS RE/4494470.1 8. Memorandum of Participation Interest. recorded October r 26, 2012 at Reception No. 593496. 9. Financing Statement recorded October r 26, 2012 at Reception No. 593497. 10. Subordination,Non-Disturbance and Attonunent Agreement recorded October 30, 2012 at Reception No. 593552. 11. Resolution of Aspen Historic Preservation Commission,. Resolution#34, Series of 2012, recorded January 8, 2013 at Reception No. 595906. For your convenience, a copy of the vesting deed confirming ownership of the Subject Property is attached. This letter shall further confirm that as the owner of the Subject Property,204 South Galena Street, LLC has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property, and that Mark Hunt is the Manager of 204 South Galena Street, LLC. A recorded Statement of Authority confirming Mr. Hunt's authority is also attached to this letter. Sincer U1 -----R Enc. 2 BUS-RE/4494470.1 . RECEPTION#: 593491, 10/26/"012 at 04:43:40 PM, 1 OF 3, P $21 .00 `DF $1325.00 Janice K. V, Caudill, Pitkin County, CO AFTER RECORDING,RETURN TO: Curtis B. Sanders,Esq. Sherman&Howard L.L.C. 201 North Mill Street, Suite 201 Aspen Colorado 81611 SPECIAL WARRANTY DEED THIS DEED is executed as of the 1911' day of (J GfO b�� 2012 by COLORADO CABLE COMPANY, a Colorado corporation, with an address of 222 Cottondale- - - Lane, Suite 200, Little Rock, Arkansas 72202 ("Grantor"), in favor of 204 SOUTH GALENA STREET, LLC, a Colorado limited liability company, having an legal mailing address of c/o Curtis B Sanders Esq., Sherman & Howard L L C 201 North Mill Street Suite 201, Aspen, Colorado 81611 ("Grantee"). WITNESS, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00), the receipt and sufficiency of which are hereby acknowledged, hereby grants, sells and conveys unto Grantee, and its successors and assigns forever, all of the real property, situate, lying and being in the County of Pitkin, State of Colorado,more particularly described as: Lots A, B, and C, Block 94, City and Township of Aspen, County of Pitkin, State of Colorado, Also known by street address as: 204 South Galena Street,Aspen, CO 81611. together with all improvements, fixtures, appurtenances and hereditaments (collectively, the "Property"). Grantor does covenant and agree that it shall WARRANT AND FOREVER DEFEND the title to the Property for the benefit of Grantee against all persons claiming by, through or under Grantor and not otherwise, subject to the matters described on Exhibit A attached hereto and incorporated herein by this reference. [The balance of this page has been intentionally left blank.] RETT THE CITY of ASPEN Approved HF3174626.2 BUS RE/4486585.1 RECEPTION#: 593491, 10/26f Q12 at 04:43:40 PM, 2 OF 3, Janice K. Vos Caudill, Pi-, _n County, CO IN WITNESS WHEREOF, Grantor has executed this Deed under seal as of the date set forth above. COLORADO CABLE COMPANY By: w' DA[�ln^nn111 Suzett odman, esident STATE OF ARKANSAS ) ss COUNTY OF PULASKI ) The foregoing instrument was acknowledged before me this A— day of W , 2012 by Suzette Goodman as orado Cable Company, a JAL olorado corporation. ' wr e;M Witness my hand and official seal. I Z3�S 1 092- My commission Expires:k::MA �/i Notary Public 2 3174626.2 BUS RE/4486585.1 . RECEPTION#: 593491, 10/26'^012 at 04:43:40 PM, 3 OF 3, Janice K. Vos Caudill, Pi:., Ln County, CO Exhibit A Restrictions Covenants Easements and Encumbrances 1. Any existing leases or tenancies, and any and all parties claiming by,through or under said lessees. 2.Reservations or exceptions as to any mine of gold, silver,cinnabar or copper,or to any valid mining claims or possession held under existing laws,contained in deeds recorded in Book 59 at Page 3 and in Book 59 at Page 101. 3.Terms,provisions, conditions, and obligations as contained in Encroachment Agreement with the City of Aspen recorded June 11, 1987 in Book 538 at Page 929. 4.Building, fascia, awnings, lights, and sign encroachments into the right of way of Hopkins Avenue and Galena Street as shown on the Improvement Survey by Aspen Survey Engineers, Inc., dated 08/11,Job No. 17096. 3 3174626.2 BUS RE./4486585.1 RECEPTION*: 593492, 10/26,x,,012 at 04:43:41 PM, 1 OF 3, $21.00 DF $0.00 Janice K. Vos - sdill, Pitkin County, CO , STATEMENT OF AUTHORITY (§38-30-172,C.R.S.) 1. This Statement of Authority relates to an entity named 204 South Galena Street,LLC 2. The ty e of entity is a: Corporation Registered Limited Liability Partnership Nonprofit Corporation Registered Limited Liability Limited Partnership X Limited Liability Company Limited Partnership Association Government or Governmental Subdivision or General Partnership Agency Limited Partnership Trust 3. The entity is formed under the laws of Colorado 4. The mailing address for the entity is c/o Curtis Sanders,Esq.,Sherman&Howard L.L.C., 201 North Mill Street,Suite 201,Aspen,Colorado 81611. 5. The name and position of each person authorized to execute instruments conveying,encumbering or otherwise affecting title to real property(including without limitation the real property described in Exhibit A attached hereto)on behalf of the entity is:Mark Hunt,Manager. 6. The authority of the foregoing person(s)to bind the entity: X is not limited _ is limited as follows: N/A 7. Other matters concerning the manner in which the entity deals with interests in real property:None. 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of§38-30- 172,C.R.S. 9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity with respect to the Property. Executed as of the day of October,2012 204 SO H GALENA ST T,LLC, a Color do limited lia9 t ompany By. . Mark Hunt,as Manager C0 X03 °e page I of 3 BUS—RE/4486603.1 RECEPTION#: 593492, 10/26/9012 at 04:43:41 PM, 2 OF 3, -Janice K. Vos Caudill, Pi_ _n County, CO STATE OF j� ) )ss. COUNTY OF �L ) The foregoing instrument was acknowledged before me this day of October, 2012, by Mark Hunt as Manager of 204 South Galena Street,LLC,a Colorado limited liability company. Witness my hand and official seal. Notary Public �f Printed Name: /✓ Z I My commission expires: / �•>4••��- � �_�:y "OFFICIAL SEAL" t-.1ANCY T±_:RKE N Vqc�?='i±G11C,a�u'?OT l!!i?G1S �� Pi?y Commissi;;n expires 04/01193 (�' page 2 of 3 BUS-RE/4486603.1 RECEPTION#: 593492, 101261OAQ12 at 04:43:41 PM, 3 OF 3, Janice K. Vos Caudill, Pit,._ .n County, CO EXHIBIT A LEGAL DESCRIPTION Lots A, B,and C,Block 94, City and Township of Aspen,County of Pitkin, State of Colorado Also known by street address as: 204 South Galena Street, Aspen, CO 81611. pagge 3 of 3 BUS_RE/486603.1 EXHIBIT CITY OF ASPEN PRE-APPLICATION SUMMARY PLANNER: Amy Guthrie,429-2758 DATE: 12.20.12 PROJECT: 204 S. Galena Street APPLICANT: Mark Hunt DESCRIPTION: 204 S. Galena Street has recently completed Final design approvals for a demolition and replacement of the existing building. Throughout the review process,the new project was expected to equal the same amount of net leasable commercial space as the building being removed. The effect was that no affordable housing mitigation would be required. The applicant is reconsidering the use of the basement. A substantial amount of it was approved to be fully excavated, but temporarily filled in or"decommissioned" until such time that an owner wished to address the Growth Management and housing mitigation options that are raised by creating new net leasable commercial space. The option of fully utilizing the basement is now of interest. The proposal will require Growth Management review by the Planning and Zoning Commission. Major Growth Management applications like this project are only accepted on February 15th and August 15th. Growth Management applications compete for the 33,000 square feet of net leasable commercial space that can be approved in the City each year. Generally in recent years there have been sufficient allocations available for all projects, however, to the extent that the process is competitive, projects with more than the minimum amount of affordable housing mitigation, and projects which achieve energy conservation goals,fare best. The approximately 6,000 square feet of decommissioned basement area in the approved plan may be partially or completely finished out as new net leasable. Regarding affordable housing mitigation, each 1,000 square feet of new net leasable space that is created is expected to generate 3.075 employees according to the Aspen Municipal Code. The applicant must mitigate for 60% of this employee generation, therefore housing must be provided for 1.845 employees (3.075 x 60%). On-site mitigation is not possible without a major revisit of the approved design for a two story building. A draft code amendment to the CC zone district is under discussion and may not allow for any third floor development, including for affordable housing. This leaves the options of cash-in-lieu payment, buy down of existing free market housing units, or purchase of Affordable Housing credits. The only form of mitigation that is a straightforward calculation (not market driven) is cash- in-lieu payment. For each 1,000 square feet of new net leasable, the current cash-in-lieu fee, according to the Aspen/Pitkin Housing Guidelines, would be$258,097 (1.845 employees to be mitigated x$139,890,the established fee per employee at the Category 4 mitigation level). Electing to mitigate solely through a cash-in-lieu payment requires review and approval by City Council. Their willingness to accept this option varies. A buy-down approach might mean, for example, for every 1,000 square feet of new net leasable space, the applicant could purchase a free market one bedroom unit of at least 700 square feet of net livable area, within Aspen, which would mitigate for the equivalent of 1.75 employees according to the Housing Guidelines. The applicant could purchase a unit at market rate, deed restrict it to affordable housing, and sell to a qualified Category 4 level buyer for the current maximum rate of$269,000. The "loss" would be the cost of mitigation. An additional cash-in-lieu payment of $13,289 would be necessary for the remaining employee generation (1.845 employees to be mitigated - 1.75 employees accommodated in the buy-down unit described above=0.095 balance. 0.095 x$139,890=$13,289). This option would require review by the Housing Authority, but would not require Council approval if the proposal was acceptable to the Planning and Zoning Commission during their Growth Management review. Purchase of affordable housing credits, which may be available in minimum increments of 0.05 employees per certificate, is third option that may also be approved by the Planning and Zoning Commission. There is a limited supply of credits currently available. The applicant would negotiate the purchase price directly with an owner of credits. There are other fees that the applicant will want to be aware of with the expansion of net leasable space. Each 1,000 square feet of new net leasable space requires either one on-site parking space or payment in lieu. No approval is needed to elect the payment option, which is at the rate of$30,000 per space. A Parks Development Fee of$4,100 per 1,000 square feet of new net leasable and a Transportation Demand Management Fee of $460 per 1,000 square feet of new net leasable space would be assessed. Finishing out some or all of the basement as net leasable space is not currently expected to affect the exterior of the building, therefore no additional design reviews are needed. The project can proceed to building permit after the Growth Management determination is complete. All fees referenced .in this pre-application summary are subject to amendment. The fees are being discussed by City Council and are likely to change early in the new year. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470 Growth Management 26.470.050 General Requirements 26.470.080 Major Planning and Zoning application 26.470.090.3 Provision of required affordable housing via a cash-in-lieu payment 26.470.100 Growth Management calculations 26.470.110 Growth Management review procedures 26.470.120 Community Objectives Scoring 26.575.020 Calculations and Measurements 26.515 Off-street parking 26.610 Impact Fees 26.710 Commercial (CC)Zone District A link to the Land Use Code is here: http://www.aspenpitkin.com/Departments/Community-DevelopmenUPlanning- and-Zon ing/Title-26-Land-Use-Code/ A link to the Land Use Application is here: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Applications-and-Fees/ Review by: Staff for complete application P&Z Council if 100%cash-in-lieu mitigation is proposed Public Hearing: At P&Z Neighborhood Outreach:Yes, prior to public hearing at P&Z. Planning Fees: $4,550 for up to 14 billable hours. Lesser/additional hours will be refunded or billed at a rate of $325 per hour. Referral Fees: Engineering $265 per hour, Housing $1,625 flat fee Total Deposit: $6,440 Total Number of Application Copies: 12 To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages,judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 112"x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed elevation drawings and site plan that include proposed dimensional requirements as well as landscaping plan. 10. A 3-D model of the proposal in context of the historic district. 11. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 11. All other materials required pursuant to the specific submittal requirements. 12. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. 13. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920- 5090 for additional information. 14. List of adjacent property owners within 300'for public hearing 15. Copies of prior approvals. 16. Applications shall be provided in paper format(number of copies noted above) as well as the text and line drawings on a CD. 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 a 204 SOUTH GALENA STREET, LLC c%Curtis B. Sanders Sherman&Howard LLC 201 North Mill Street,Suite 201 Aspen, CO 81611 Tel. (970)925-6300 February 1, 2013 City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: Lots A-C, Block 94, City and Townsite of Aspen,Colorado,Pitkin County and familiarly known as 204 South Galena Street,Aspen,CO 81611 (Gap Building) (PID#2737-073-40-001) Ladies and Gentleman: I am writing as Manager of 204 South Galena Street, LLC, a Colorado limited liability company,the owner of the above referenced property. In its capacity as owner of the property, 204 South Galena Street, LLC desires to apply for, pursue and obtain Growth Management Review approvals and associated Growth Management allotments for additional commercial space. This letter shall confirm that 204 South Galena Street, LLC authorizes Haas Land Planning, LLC (HLP) and Charles Cunniffe Architects (CCA), and representatives of both such firms, to apply for,pursue and obtain the requested City of Aspen approvals for the property. Please contact the undersigned with any questions. 204 SOUTH GAL A BEET; LLC a Colorado limite li ity company By: -- Mark Hunt,Manager E IBIT Dimensional Requirements of the Commercial Core (CC) Zone District, Section 26.710.140 • Minimum Gross Lot Area: No requirement. • Minimum Net Lot Area Per Dwelling Unit: No requirement. • Minimum Lot Width: No requirement. • Minimum Front Yard: No requirement. • Minimum Rear Yard: No requirement. • Minimum Side Yard: No requirement. • Minimum Utility/Trash/Recycle Area: - Pursuant to Section 26.575.060. - Existing Condition: N/A. - Proposed: See Plans and Application Text • Maximum Height: - CC Zoning: 28 feet for two-story elements of a building. - Existing Condition: - Proposed: 28 feet. • Minimum Distance between Detached Buildings: No requirement. • Public Amenity Space: Pursuant to Section 26.575.030, since the existing Public Amenity Space is less than 10%, the effective requirement is 10% or approximately 900 square feet. The proposal includes over 2,600 square feet of exterior patio on the second floor, as approved by the HPC. • Floor Area Ratio (FAR): - CC Zoning: Maximum of 2:1 for Commercial Uses (18,060sf for this parcel). - Existing Condition: 5,890sf of Commercial FAR. - Proposed: 13,307sf of Commercial FAR(1.48:1). • Maximum Multi-Family Residential Unit Size: Not applicable as the property does not and will not contain any residential space. • Maximum Lodge Unit Size: Not applicable as the property does not and will not include any lodging use. • Commercial/Residential Ratio: Not applicable as the property does not and will not contain any residential space. This development does not require any variances from the CC Zone District Dimensional Requirements. EXHIBIT �+ L.— A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MAJOR DEVELOPMENT (CONCEPTUAL), COMMERCIAL DESIGN (CONCEPTUAL),AND DEMOLITION APPROVAL FOR THE PROPERTY LOCATED AT 204 SOUTH GALENA STREET,LOTS A, B AND C, BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION#18, SERIES OF 2012 PARCEL ID: 2737-073-40-001 WHEREAS, the applicant, 204 South Galena LLC, contract purchaser of the property, represented by Charles Cunniffe Architects, has requested Major Development (Conceptual), Commercial Design (Conceptual), and Demolition review for the property located at 204 S. Galena Street, Lots A, B, And C, Block 94, City and Townsite of Aspen, Colorado; and WHEREAS, 204 S. Galena Street is located within the Commercial Core Historic District but is not considered a contributing building to the integrity of the Historic District; 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, City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines-per Section 26.412.040.A.2, Commercial Design Standards Review Procedure; of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, in order to authorize a Demolition, according to Section 26.415.080,Demolition of designated historic properties, it must be demonstrated that the application meets any one of the following criteria: a. The property has been determined by the city to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner, RECEPTION#:591643, 08127/2012 at 204 S. Galena Street 10:08:25 AM, HPC Resolution#18, Series of 2012 1 OF 4, R $26.00 Doc Code RESOLUTION Page 1 of 3 Janice K.Vos Caudill, Pitkin County, CO b. The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure, C. The structure cannot practically be moved to another appropriate location in Aspen, or d. No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance, and Additionally,for approval to demolish, all of the following criteria must be met: a. The. structure:doe's not contribute to the significance of the parcel or historic district in which it is located, and b. The loss. of the-building, structure or object would not adversely affect the integrity ..of_the historic district or its historic, architectural or aesthetic: relationship to adjacent designated properties and C. Demolition of the structure will be inconsequential to the historic preservation needs of the area; and WHEREAS, Amy: Guthrie; in her staff report to HPC dated August 8, 2012 performed an analysis of the application-based on the standards, found that the review standards had been met,:-. and recommended approval; and WHEREAS, at their regular meeting on August 8, 2012, continued from June 27, 2012 and July 25, 2012, the Historic Preservation Commission considered the application during a duly noticed public.hearing, the staff memo and public comments, and found the proposal consistent with the review standards.:and recommended approval with conditions by a vote.of 5 to 0. NOW,THEREFORE,BE IT RESOLVED: -That. HPC hereby- grants",.:HP.0 Major Development (Conceptual), Commercial Design. (Conceptual)and.Demolition.approval for the property located at 204.S. Galena Street, Lots.A, B,And C, Block 94, City.and Townsite of Aspen, Colorado with the following conditions: L The applicant has represented that the project results in no.new.net leasable. space. The:,. Community Development`Department finds that.the Conceptual floor plans provided to, HPC do.not. yet meet Municipal Code in this regard. Staff:and applicant will work , together.to ensure that the project is consistent with this.representation to the board. 2. The approved drawings-are dated 8/01/12,with the exception of the north elevation. The :. approved north.elevation is dated 7/19/12 and is labeled as"Exhibit II," of the August Stn, 2012 Historic Preservation Commission meeting'record, with the approved dimensions of the fagade handwritten in to reflect the applicant's representations during the public hearing. 3, The roof on the upper story restaurant space will be reviewed.in further detail at Final. a Final Development Plan shall be submitted within-one 4.: A development application for (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 204 S. Galena Street HPC Resolution#18, Series of 2012 Page 2 of 3 a Conceptual Development Plan approval for up to six (6) months provided a written request for extension is received no less than thirty (30) days prior to the expiration date. APPROVED BY THE COMMISSION at its regular meeting on the 8th day of August, 2012. J aytin,Vi a-Chair Appr ved as to Form: Debbie Quinn,Assistant City Attorney ATTEST: Kathy St ckland, Chief Deputy Clerk 204 S. Galena Street HPC Resolution#18, Series of 2012 Page 3 of 3 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION(HPC) GRANTING FINAL MAJOR DEVELOPMENT AND COMMERCIAL DESIGN APPROVAL FOR THE PROPERTY LOCATED AT 204 SOUTH GALENA STREET, LOTS A,B AND C,BLOCK 94, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION 434,SERIES OF 2012 PARCEL ID: 2737-073-40-001 WHEREAS, the applicant,- 204 South Galena LLC, contract purchaser of the property, represented by Charles Cunniffe Architects, has requested Final Major Development and Commercial Design review for the property located at 204 S. Galena Street, Lots A, B, And C, Block 94, City and Townsite of Aspen, Colorado; and WHEREAS, 204 S. Galena Street i.s located within the Commercial Core Historic District but is not considered a contributing building to the integrity of the Historic District; 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, Final 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 Final Commercial Design Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Commercial, Lodging and Historic District Design Objectives and Guidelines per Section 26.412.0.40.A.2, Commercial Design Standards Review Procedure, of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, Amy Guthrie; in her staff report to HPC dated December 12, 2012 performed an analysis of the application based on the standards, found that the review standards had been met, and recommended approval with conditions; and WHEREAS, at their regular meeting on December 12, 2012 the Historic Preservation Commission considered the application during a duly noticed public hearing, the staff memo and public comments, and found the proposal consistent with the review standards and recommended approval with conditions by a vote of 4 to 1. 204 S. Galena Street RECEPTION#: 595906, 01/08/2013 at HPC Resolution#34, Series of 2012 09:18:54 AM, Page l of 2 1 of 2, R $16.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO NOW,THEREFORE,BE IT RESOLVED: That HPC hereby grants Final Major Development and Commercial Design approval for the property located at 204 S. Galena Street, Lots A, B, And C, Block 94, City and•Townsite of Aspen, Colorado with the following conditions: 1. A lighting plan, Exhibit II of the December 12, 2012 meeting record, was reviewed and approved by HPC. 2. Prior to building permit application, amend the floor plans to include an airlock entry for each tenant space. 3. Prior to building permit application, provide a plan indicating all rooftop mechanical and screening for review and approval by staff and monitor. No mechanical equipment or vents may be placed on top of the second floor mass. 4. The applicant has represented that the requirement to provide 10% of the lot area dedicated to public amenity space will be satisfied by an upper floor restaurant deck, an option that is permissible within the Commercial design guidelines. If the restaurant use is removed, compliance with the Public Amenity requirements in effect at that time will be required. 5. Replacement of the existing 7 on-site parking spaces shall be by cash-in-lieu payment. 6. The applicant has demonstrated in the Conceptual review that the project is below the Courthouse View Plane as it crosses the property. 7. Verify net leasable commercial and non-unit calculations with the City Zoning Officer prior to building permit application. APPROVED BY THE COMMISSION at its regular meeting on the 12th day of December 2012. ullins, Chair Approved as to Form: Debbie Quinn,Assistant City Attorney ATTEST: Kathy Striclaand, Chief Deputy Clerk 204 S. Galena Street HPC Resolution#34, Series of 2012 Page 2 of 2 ` EXHIBIT • Ift4i I Will U OLVA N 111101W)WO 1 Agreement to Pay Application Fees Anagreement between the City of Aspen ("City") and Property 204 South Galena Street, LLC Phone No.: 970-925-6300 Owner("I"): Email: csanders @sah.com A_ddress of 204 South Galena St., Aspen Billing c/o Curtis Sanders Property: Address: 201 North Mill St., Suite 201 (subject of (send bills here) Aspen, CO 81611 application) 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. 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. $ 1,625 flat fee for Housinq $ 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 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. $ 4.550 deposit for 14 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 tim d " ional time above the deposit amount will be billed at$265 per hour. City of Aspen: Property Owner: Chris Bendon 204 South Galena Street, LLC Community Development Director By: Mark Hunt City Use: Title: Manager Fees Due:$ Received:$ Nmember, 2011 City ol'Aspen 130 S. Galciia St. (Q70) Q-20-5090 EXHIBIT ` • b a Mailing addresses of record for all property owners located within 300 feet of the subject property will be provided under separate cover within 60 days of the first scheduled public hearing date and/or with the affidavit of pubic notice. MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ...........Zoning Officer X ...........Housing Department X ...........Parks Department X ...........Aspen Fire Marshal X ...........Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ...........Building Department X ...........Environmental Health ........... Holy Cross Electric ........... City Attorney ........... Streets Department ...........Historic Preservation Officer ...........Pitkin County Planning ........... County & City Disaster Coordinator ...........Police ...........Transportation ...........Parking FROM: Justin Barker, Community Development Department 429.2797 justin.barkergcityofaspen.com DRC MEETING DATE: Wednesday, March 20th @ 1:30 Council Chambers PACKETS SENT: Friday, March 8, 2013 COMMENTS DUE: Friday, March 29, 2013 RE: DRC Review—204 S. Galena (Previously Gap) SUMMARY: The applicant proposes demolition of the existing building at 204 S. Galena and construction of a new two story commercial building with basement. The project received HPC Final Major Development and Commercial Design Approval in December. The project initially was not increasing net leasable space, but has since expanded the program and received HPC Substantial Amendment approval. This application is for Growth Management Review. The proposed new building includes ground floor commercial covering the entire lot, a second floor restaurant with outdoor seating and a full unfinished basement. The applicant is adding additional commercial space for the second floor and proposes to provide mitigation with Certificates of Affordable Housing Credit. Additionally, the applicant would like reviewed as a separate request, the potential to finish out basement net leasable commercial space in the future. Applications are being sent to the departments checked off above. Please bring�pplications to the DRC meeting as we'll need to re-use them for the P&Z and Council reviews. If you are not listed but are interested in reviewing the application please let me know and I'll send you a copy of the application. MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ........... Zoning Officer X ........... Housing Department X ...........Parks Department X ...........Aspen Fire Marshal X ...........Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ...........Building Department X ...........Environmental Health ........... Holy Cross Electric - - - ........... City Attorney ........... Streets Department ...........Historic Preservation Officer ...........Pitkin County Planning ........... County & City Disaster Coordinator ...........Police ...........Transportation ...........Parking FROM: Justin Barker, Community Development Department 429.2797 Justin.barker2cityofaspen.com DRC MEETING DATE: Wednesday, March 20th @ 1:30 Council Chambers PACKETS SENT: Friday, March 8, 2013 COMMENTS DUE: Friday, March 29, 2013 RE: DRC Review—204 S. Galena (Previously Gap) SUMMARY: The applicant proposes demolition of the existing building at 204 S. Galena and construction of a new two story commercial building with basement. The project received HPC Final Major Development and Commercial Design Approval in December. The project initially was not increasing net leasable space, but has since expanded the program and received HPC Substantial Amendment approval. This application is for Growth Management Review. The proposed new building includes ground floor commercial covering the entire lot, a second floor restaurant with outdoor seating and a full unfinished basement. The applicant is adding additional commercial space for the second floor and proposes to provide mitigation with Certificates of Affordable Housing Credit. Additionally, the applicant would like reviewed as a separate request, the potential to finish out basement net leasable commercial space in the future. Applications are being sent to the departments checked off above. Please bring the applications to the DRC meeting,.as we'll need to re-use them for the P&Z and Council reviews. If you are not listed but are interested in reviewing the he application please let me know and I'll send copy of the application. J MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ........... Zoning Officer X ...........Housing Department X ...........Parks Department X ...........Aspen Fire Marshal X ...........Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ........... Building Department X ...........Environmental Health ........... Holy Cross Electric ........... City Attorney ........... Streets Department ........... Historic Preservation Officer ...........Pitkin County Planning ........... County & City Disaster Coordinator ........... Police ........... Transportation ........... Parking FROM: Justin Barker, Community Development Department 429.2797 Lustin.barker(acityofaspen.com DRC MEETING DATE: Wednesday, March 20th @ 1:30 Council Chambers PACKETS SENT: Friday, March 8, 2013 COMMENTS DUE: Friday, March 29, 2013 RE: DRC Review—204 S. Galena (Previously Gap) SUMMARY: The applicant proposes demolition of the existing building at 204 S. Galena and construction of a new two story commercial building with basement. The project received HPC Final Major Development and Commercial Design Approval in December. The project initially was not increasing net leasable space, but has since expanded the program and received HPC Substantial Amendment approval:- This application is for Growth Management Review.-- - The proposed new building includes ground floor commercial covering the entire lot, a second floor restaurant with outdoor seating and a full unfinished basement. The applicant is adding additional commercial space for the second floor and proposes to provide mitigation with Certificates of Affordable Housing Credit. Additionally, the applicant would like reviewed as a separate request, the potential to finish out basement net leasable commercial space in the future. Applications are being sent to the departments checked off above. Please bring the applications to the DRC meeting as we'll need to re-use them for the P&Z and Council reviews. If you not listed but are interested in reviewing the he application please let me know and I'll send you a copy of the application. MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ........... Zoning Officer X ...........Housing Department X ........... Parks Department X ...........Aspen Fire Marshal X ...........Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ...........Building Department X...........Environmental Health ........... Holy Cross Electric ........... City Attorney ........... Streets Department ...........Historic Preservation Officer ...........Pitkin County Planning ........... County & City Disaster Coordinator ...........Police ...........Transportation ...........Parking FROM: Justin Barker, Community Development Department 429.2797 justin.barker(a�cityofaspen.com DRC MEETING DATE: Wednesday, March 20th @ 1:30 Council Chambers PACKETS SENT: Friday, March 8, 2013 COMMENTS DUE: Friday, March 29, 2013 RE: DRC Review—204 S. Galena (Previously Gap) SUMMARY: The applicant proposes demolition of the existing building at 204 S. Galena and construction of a new two story commercial building with basement. The project received HPC Final Major Development and Commercial Design Approval in December. The project initially was not increasing net leasable space, but has since expanded the program and received HPC Substantial Amendment approval. This application is for Growth Management Review. The proposed new building includes ground floor commercial covering the entire lot, a second floor restaurant with outdoor seating and a full unfinished basement. The applicant is adding additional commercial space for the second floor and proposes to provide mitigation with Certificates of Affordable Housing Credit. Additionally, the applicant would like reviewed as a separate request, the potential to finish out basement net leasable commercial space in the future. Applications are being sent to the departments checked off above. Please bring the applications to the DRC meeting, as we'll need to re-use them for the P&Z and Council reviews. If you are not listed but are interested in reviewing the he application please let me know and I'll send you a copy of the application. MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ........... Zoning Officer X ...........Housing Department X ...........Parks Department X ...........Aspen Fire Marshal X ........... Utilities/Public Works X ........... Aspen Consolidated Sanitation District X ...........Building Department X ...........Environmental Health ........... Holy Cross Electric ........... City Attorney ........... Streets Department ........... Historic Preservation Officer ...........Pitkin County Planning ........... County & City Disaster Coordinator ...........Police ...........Transportation ...........Parking FROM: Justin Barker, Community Development Department 429.2797 justin.barkergcityofaspen.com DRC MEETING DATE: Wednesday, March 20th @ 1:30 Council Chambers PACKETS SENT: Friday, March 8, 2013 COMMENTS DUE: Friday, March 29, 2013 RE: DRC Review—204 S. Galena (Previously Gap) SUMMARY: The applicant proposes demolition of the existing building at 204 S. Galena and construction of a new two story commercial building with basement. The project received HPC Final Major Development and Commercial Design Approval in December. The project initially was not increasing net leasable space, but has since expanded the program and received HPC Substantial Amendment approval. This application is for Growth Management Review. The proposed new building includes ground floor commercial covering the entire lot, a second floor restaurant with outdoor seating and a full unfinished basement. The applicant is adding additional commercial space for the second floor and proposes to provide mitigation with Certificates of Affordable Housing Credit. Additionally, the applicant would like reviewed as a separate request, the potential to finish out basement net leasable commercial space in the future. Applications are being sent to the departments checked off above. Please bring the he applications to the DRC meeting, as we'll need to re-use them for the P&Z and Council reviews. If you not listed but are interested in reviewing the application please let me know and I'll send you a copy of the application. ^• t t . 1 , pop", y .ar:;.-_�� -_ _ _ - - .. _ _ �• 3 _ w1w Bob- i _ , f A� 204 S. GALENA STREET CMQS APPLICATION RECOVER No PROPOSED FAR-GMG75 FAR SUMMARY: - LEVEL NAME FLOOR AREA COMMENT5 LOWER LEVEL APR n( I/� 1 TOTAL LOY4ER LEVEL AREA 8555 5F SECOND LEVEL V L O 1 J^{ . 1-FAR DEDUCTION FOR 5J66RADE AREA '1471 5F CIRCULATION LOWER LEVEL LOWER LEVEL INTERIOR SPADE 6851 SF LO.LEVEL AREA TOWARD FAR 1054 5F 183 5F LOWER LEVEL CRAWL-5PAGE 1568 SF CITY OF ASPEN LOWER LEVEL CRANL SPAGE 336 SF MAIN LEVEL MAIN LEVEL SPACE 522-15F MAIN LEVEL COMMUNITY DEVELOPMENT 51 LEVEL 51 LEVEL SPACE 5014 SF TOTAL MAN LEVEL AREA 5229 5F SECOND LEVEL SECOND LEVEL GIRGULATION 183 5F DEDUGnoNS 057 SECOND LEVEL SECOND LEVEL DUMBWAITER 10 SF MAN LEVEL AREA TOWARD FAR 229 SF 1-FAIR 21991 5F 5ECOND LEVEL: 2-FAR DEDUCTIONS LOWER LEVEL LOWER LEVEL SPACE EXEMPT -14'11 5F BELOW GRADE EXEMPTED AREA TOTAL SECOND LEVEL AREA 5207 5F L SECOND LEVEL SECOND LEVEL CIRCULATION EXEMPT 183 SF EXEMPT AREA DEDVGTONS FOR ELEV.STAIR a DUMEW4ITER t93 5F SECOND LEVEL SECOND LEVEL DUMBWAITER EXEMPT- 10 Sr EXEMPT AREA SECOND LEVEL AREA TOWARD FAR 5014 SF www.cunniffe.com 2-FAR DEDUCTIONS 1(,64 5F DECKS LObbiAS AND EXTERIOR STAIRS 3-ACTUAL DEGK5/LOGGIA/EXTERIOR STAIR TOTAL vEGKS,LO66IA5 a EM.STARS AREA 3908 5F MAN LEVEL EXT.STAIR 256 5F DEDUGTION5 FOR 15°,6 ALLOA45LE AREA 2709 5F MAIN LEVEL TRASH LOGGIA 198 SF SECOND LEVEL PATIO AREA 3249 5F DECKS LObbIAS a EM STAIRS 1199 5F AREA CK TOWARD FAA SECOND LEVEL SECOND LEVEL I EXT.STAIR 1 204 SF DUMBWAITER 3-ACTUAL DECKS/LOGGIA/EXTERIOR STAIR 3908 Sr TOTAL FAR 15.S26 5E 10 EF 4-ALLOWABLE DECK AREA SECOND LEVEL PATIO/LOGGIA/EXT.STAIR EXEMPT 2'109 SF ALLOWABLE DECK AREA `� SECOND LEVEL U) � 4-ALLOWABLE DECK AREA 2-109 SF v ~ pp 1/16"=1'-D" LXn EM.STAIR w Q EXISTING FLOOR AREA SCHEDULE 204 SF �. Level NAME FLOOR AREA COMMENTS LOWER LEVEL INTERIOR SPADE 5469 5F EXEMPT U -- MAIN LEVEL INTERIOR SPACE 5189 SF N �TT I L b1 Grand total 5789 SF � p w r. LL z KA 8 U TRASH LOGGIA w - EXISTING MAIN LEVEL- FAR 1985F W 1/16..=1�_U�� MAIN LEVEL co EM.STAIR Z O 256 SF 1'-U" 1/16"= Z J0 <o Q w (' oa 04 Q C) N CPAViiM I _ I -- DRAWL SPADE FLOOR 4Ren GPLGULATONS 1368 SF CRAWL SPACE ISSUE: DATE: 336 SIF bnos 4/03/13 i ,l5BP10. 1132 SFEETND. EAGKFILLED — - _ AREA EXISTING LOWER LEVEL- FAR LOWER LEVEL AO.02 - iI 4 1116"=V-U„ 1/16"=1'-0" UNDEREXEMPT�EA n a218 SF Ecovmiwrcxaxcesaxxxreaxcxi.ECrs @a 3 RESTA, .4T LOBBY 319 5F NET LE45ABLE AREA 5UMMARY: PROP OSED NET LEASABLE AREA-GMGS COMMON GIRL LEVEL NAME I AREA I GOMMENTS 80 5F LOWER LEVEL: TOTAL LOWER LEVEL NET AREA 6343 5F 1-NET LEASABLE AREA Z, DEDUCTION FOR COMMON NON-UNIT AREA 1043 5F LOWER LEVEL RETAIL E 4550 5F LQYEf1 F.iFI AREA TOWARD NLA 4550 5F MAIN LEVEL AIRLOCK 130 SF MAN LEVEL DUMBWAITER 11 SF MAN LEVEL: MAIN REAL RL A 1350 SF M LEVEL RETAIL B 1193 MA TOTAL MAIN LEVEL NET AREA 7525 5F IN SF MAIN LEVEL RAIL G 20-12 SF ET DEDUCTION FOR ARLOGK 100 SF MAIN LEVEL RETAIL D 256q 5F MAIN LEVEL AREA TOWARD NLA 1225 SF SECOND LEVEL DUMBWAITER 12 SF SECOND LEVEL RESTAWRANT 4676 SF SECOND LEVEL: SECOND LEVEL RESTAURANT LOBBY 319 SF TOTAL SECOND LEVEL NET AREA 5071 5F i-NET LEASABLE AREA 16822 5F DEDUCTION FOR COMMON NON-UNIT AREA 80 SF SECOND LEVEL AREA TOWARD NLA 4g4T SF MAIN-NET LEASABLE AREA DEDUCTIONS www.CUnnlffe.COm MAIN LEVEL AIRLOCK EXEMPTION 100 5F 2-NET LEASABLE AREA DEDUCTIONS 100 SF TOTAL NET LEASABLE AREA 16 12]SF DUMBWAITER 3-COMMON NON-UNIT AREA 12 5F LOWER LEVEL COMMON GIRO 243 5F EXEMFT LOWER LEVEL COMMON GIRG 80 SF EXEMPT LOWER LEVEL COMMON GIRG 13 5F EXEMPT LOWER LEVEL CORRIDOR 116 5F EXEMPT LONER LEVEL DRY WELLS 414 SF EXEMPT PROPOSED SECOND LEVEL- NET LEASABLE LOWER LEVEL ELECTRICAL 255 5F EXEMPT 3 LOWER LEVEL ELECTRICAL 11q 5F EXEMPT LOWER LEVEL ELEV MEGH 80 5F EXEMPT LOWER LEVEL ELEVATOR LOBBY 675E EXEMPT W LOWER LEVEL MECHANICAL 116 SF EXEMPT AIRLOCK �µ'� rn LOWER LEVEL SPRINKLER 80 SF EXEMPT 130 5F LOWER LEVEL WATER 180 SF EXEMPT {t�� MAIN LEVEL CORRIDOR T453 SF EXEMPT - MAIN LEVEL EGRESS STAIR 168 SF EXEMPT EGRESS STAIR LU- MAIN LEVEL ELEVATOR I 80 5F EXEMPT 168 SF Q SECOND LEVEL COMMON GIRL 60 SF EXEMPT 3- W COMMON NON-UNIT AREA 2624 SF _ L — EXISTING NET LEASABLE AREA SCHEDULE ELEVATOR Level Name Area 80 SF z co CORRIDOR H LOWER LEVEL. 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S,•{� _ x f , I Ilk - - APPROVAL 204 S. GALENA PROPOSED GALENA/HOPKINS CORNER RENDERING FOR 'SUBSTANTIAL AMENDMENT yu polio �f :., L7f�+ •' � OL " Y AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: dEXIL 1652 7 E_61)AZ(29 51 1 , 20/3 STATE OF COLORADO ) ss. County of Pitkin ) 1, � '1 Cc� y,� f} � r (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: (� Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice ("sign) is attached hereto. I 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 (3 00) 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 O w,ners 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. si au& The foregoing "Affidavit of Notice" was acknowledged efore me this of VL/1 Pf , 201 , by �.T�Ic�l � y K /-�g-?44j WITNESS MY HAND AND OFFICIAL SEAL My commission expires: It 0, 111 go Notary Public ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTICD BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS R_EQUIRED BY C.R.S. §24-65.5-103.3 PUBLIC NOTICE RE:204 S.GALENA STREET,GROWTH MANAGEMENT REVIEW I NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,April 16,2013,at a meei ing to begin at 4:30 p.m.before the Planning and Zoning Commission,Sister Cities Room,City Hall, 130 S.Galena St.,Aspen,to consider an applica- tion submitted by 204 S.Galena,LLC,c/o Sher- man and Howard,201 N.Mill Street,Suite 201, Aspen,CO,81611. The application affects the property located at 204 S.Galena Street,Lots A,B, I and C,Block 94,City and Townsite of Aspen,CO, Parcel ID#2737-073-40-001. The applicant seeks approval from the Planning and Zoning Commis- sion for Growth Management Quota System re- view for the expansion of commercial development. For further information,contact Justin Barker at the City of Aspen Community Development Depart- ment, 130 S.Galena St.,Aspen,CO,(970) 429-2797, ustin.barker@citvofaspen.com. s/LJ Erspamer Chair,Aspen Planning and Zoning Commission Published in the Aspen Times on March 28,2013. [9030337] AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: � nr , 20 STATE OF COLORADO ) ss. County of Pitkin ) I, C' (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 wa posted at least fifteen(15) days prior to the public hearing on the J(9 day of , 20G, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. a113Mailing 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 lo 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. Signature The foregoing "Affidavit of Notice" was acknowledged before me this&day WITNESS MY HAND AND OFFICIAL SEAL CAITLIN STROTHER DOYLE NOTARY PUBLIC My Qommission expires: � STATE OF COLORADO NOTARY ID 20124057288 MY COMMISSION EXPIRES SEPT.4,2016 No ary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • 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: 204 S. GALENA STREET,GROWTH MANAGEMENT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 16, 2013, at a meeting to begin at 4:30 p.m. before the Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 204 S. Galena, LLC, c/o Sherman and Howard, 201 N. Mill Street, Suite 201, Aspen, CO, 81611. The application affects the property located at 204 S. Galena Street, Lots A, B, and C, Block 94, City and Townsite of Aspen, CO, Parcel ID# 2737-073-40-001. The applicant seeks approval from the Planning and Zoning Commission for Growth Management Quota System review for the expansion of commercial development. For further information, contact Justin Barker at the City of Aspen Commulity Development Department, 130 S. Galena St., Aspen, CO, (970) 429-2797, justin.barker@city,afaspen.com. s/LJ Erspamer Chair,Aspen Planning and Zoning Commission 0918/09L9@ tiaAd oane olgl}edwoo ww L9 x ww 9Z 6ewjo;ap a1190113 09[9/09[58 AaanV ql!m algl}edwoo«8/9 Z x„L azls lagel [[9[8 00 'N3dSV 3nV NVINXH 3 tr£9 %OZ ONI HVa3013X3 686L[L9[8 00 'N3dSV ZOE#3AV NVIUH 3 OOtr m 1321VJ21Vm 3104 LOZSL. 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Po.ca Puwc PEDESTRIAN WALKWAY RECEIVED HAAS LAND PLANNING 9APJ.3Lzt CITY OF ASPEN CQMMUN!TY IDEVE wOPMEW April 3, 2013 Mr. Justin Barker, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Addendum to GMQS Review and Associated Growth Management Allotments Application for 204 South Galena Street, Aspen (Lots A-C, Block 94, City and Townsite of Aspen; PID # 2737-073-40-001; a/k/a "the Gap Building") Dear Justin: Please consider this letter as an addendum to already submitted formal request for Growth Management Review and the granting of the associated Growth Management allotments for additional commercial space in the redeveloped Gap Building located at 204 South Galena Street. Essentially, this addendum seeks to clarify and amend the proposed means of mitigating employee generation. As explained in the earlier submittal, the applicant intends to add up to 1,700 square feet of Net Leasable Area (NLA) to the previously approved second floor space and that mitigation of the employee generation for this additional commercial space would be accomplished by the purchase and extinguishing of Certificates of Affordable Housing Credit. Since the actual addition could include less than 1,700 square feet of NLA, it was further explained in the initial submittal that the final amount of credits to be extinguished will be based on the amount of additional NLA included within any submitted plans for building permit. Furthermore, the original submittal provided that the applicant is also seeking conditional GMQS review and approval for a separate but associated allotment of 4,500 square feet of net leasable basement space that may be finished out in the future. It was proposed that, prior to issuance of a building permit for the basement space, the applicant would mitigate for the additional employees generated in a form acceptable to the City, whether through cash-in-lieu, Certificates of Affordable Housing Credit or actual units. Again, the actual amount of mitigation to be provided was to be based on the amount of additional NLA included within any submitted plans for building permit. In essence, the applicant was seeking to obtain the necessary commercial net leasable area allotments to cover all possible needs but defer on the mitigation requirements and • 201 N. MILL STREET, SUITE 108 ASPEN, COLORADO • 8161 1 - . PHONE: (970) 925-781 9 FAX: (970) 925-7395 final means of satisfying the same until such time as an actual development plan/building permit application is submitted for use of any of the allotted space. Since the time of the original submittal, the applicant and his representatives have had time to discuss the practicality of the proposal with staff and, based on these discussions, is now providing clarification as to the proposed means of mitigation. In addition, certain affiliated entities of the applicant have obtained additional properties within the City of Aspen that have the potential to be used in a manner that would enable satisfaction of the mitigation requirements associated with the 204 South Galena Street property. However, the ability to now guarantee use of these other properties to satisfy mitigation requirements associated with the subject site is simply not possible given the timing of the entitlements processes necessary for these other sites as compared with the timing for the Gap property redevelopment. Consequently, the applicant has chosen to withdraw the request to allow mitigation through cash-in-lieu so as to avoid the need for additional public hearings. Instead, in consultation with staff, the applicant is proposing that the Planning and Zoning Commission approve the requested allotments on the condition that mitigation be provided as follows: 1. Extinguishing of sufficient Certificates of Affordable Housing Credit; 2. Provision of sufficient buy-down units deed restricted in accordance with APCHA Guidelines; and/or 3. Sufficient financial assurance provided to the City to allow the City to complete 11" or "2", above, if the applicant has not made adequate progress on providing off-site units within the City by a date or timeframe certain. Both the amount of this financial guarantee and the timeframe certain are to be deemed acceptable by the Community Development Director, the City Manager and the City Attorney, and must be defined in a written, binding agreement. Mitigation per the above will be due at the time of actual development of the allotted net leasable space at 204 South Galena Street. That is, the binding agreement and associated Certificates of Affordable Housing Credit, buy-down units, and/or sufficient financial assurance will be in place prior to issuance of a Certificate of Occupancy for the finished space at 204 South Galena Street. It is expected that "sufficient financial assurance" will approximate the parties' reasonably anticipated cost for the City to either purchase and extinguish Credits or to purchase actual housing units to deed restrict. In the meantime, the applicant will prepare plans and seek approvals for development of another property to include more affordable housing than necessary to cover its own mitigation requirements; the surplus housing would result in AH Credits that can be extinguished to satisfy the requirements associated with the 204 South Galena property. As such, the "timeframe certain" is expected to be along the lines of 3-5 years out so as to allow time for necessary entitlements and 204 South Galena Street GMQS Application Addendum 2 development of the units. Both of these expectations will remain subject acceptance and definition in a binding, written agreement to be approved by the Community Development Director, the City Manager and the City Attorney. It is hoped that the information provided herein proves helpful in the review and approval of this project. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitch Haas Owner/Manager 204 South Galena Street GMQS Application Addendum 3 �LI -.a1I�h6S �w `4* �.If YrO.....,.,ry!{-,nr.va+•rrItNNJNN` + y.. .. N!l Nlr!niryk,�'�1,h4MiWva1+6 0,u.—.7 y'�.+qr4�q�µ� r wiN 11! 1,NNinlrnmr4p+y+ �� nruuuLL�' ,. "'�[eelmatN`NN. w... N a41TM,� krN r 41TY DE TCLOFIVEK GALENA MEET PEN,CO Wl i Equality FOREVER +E OF DENVER :i'•X4,f'CVfftf Y 3 0 3 STEEL.E ST Ai 11. .. yt U$dc-0?LE 1 i 13RVj 1) _ 1w'.i March 5, 2013 CITY OF ASPEN PLANNING &ZONING RECEIVED 130 S GALENA ST - 3RD FLOOR ASPEN, CO 81611 RE: GAP Building 1204 South Galena Street I Aspen N COMMUN I Y ULVLLUFMENT Dear Neighbor, Construction will soon commence on the property located at 204 S Galena St. It remains our goal to make this an expedient process, with the least possible impact on our surrounding neighborhood. Our initial work schedule includes Site Mobilization the week of March 18'h followed by Demolition of the existing structure the week of March 25". Earth Retention and foundations are scheduled to begin the first week of April with Core and Shell completion slated for October. Pedestrians will be safely routed around the jobsite via concrete encased walkways along Hopkins and Galena Streets. Street parking on the project side of Hopkins and Galena will be impacted; however traffic flow on both streets (one-way on Galena and two-way on Hopkins) will remain unimpeded. Parking on the west side of Galena will stay open. The one-way Alley will remain open in general but will have periodic closures for utility and foundation work. Additionally, the Construction Impact Containment Zone (CICZ) will be enclosed with 8' high solid barriers to minimize sound and dust from construction. Entrances to the site will be secured with lockable gates to monitor and restrict access to the jobsite. While continuous communication specifically geared to address upcoming construction events and milestones will be distributed, periodic project update notices will be posted at the site as well. As our focus is safety and commitment to the neighborhood, we encourage you to contact our team members with any questions or concerns you may have. On-Site Superintendent I Brad Hribar I bhribar @centaurco.com 1312.714.8519 Project Manager I John Pawlicki 10pawlicki @centaurco.com 1312.644.4470 We want to reiterate our commitment to the neighborhood that this project will be completed efficiently, with as little impact to the community as possible. We would also like to add you to our email list for future correspondences and ask that you please take a moment to send us your address to info @centaurco.com. Sincerely, U John Pawlicki Project Manager P F CENTAURCO.COM OGbb'bb9'Z G£ 1 woo•ooinelueogn i�oilnnedf 1 !�oilnned ugof I aa6eueA ioafoAd 6198' lG'Z l£I woo•ooanejuao7aegiagq I aequH pea8 I luopualuuadnS a}iS-up�?IsoH 6uiIaaW }oafoad a41 Inog6noagl pawao}ui nog! dead pule suaaouoo anon(ssaappe of nog( 411m�ponn of juenn am 1egj painssle aq 'aouaivanuooui }o sawn eq Aiew aaa41 aliq/N -sauojsaliw pule sjuana uoilonilsuoo 6uiwoodn aleoiunwwoo of sjogg6iou o}suainq ipp 6uyiew pule saoiJou aIisuo ein papinoad aq Minn saIepdn oilgnd •poogaog46ieu 6uipunoaans a41}o Aja}les aqj wnsua of pue Al!unwwoo eqj uo asodwi Ilion joafoid ano joedwi agl eziwiuiw of st weal agl}o leo6 lueolliu6is y — n II Alff Wd00:V 0 u;9T uo.1eA `Aepia=i �3ul4aoA uoi4on.I4suooa.Id a;!S-uo •slielap loafoid buiwoodn ay} ssnosip pue saagwalN weal Aa� gjinn laaw of 4liunlaoddo a41 nog( apinoid Ilion buipaw sigl •6uljaaA uoijonajsuooaad Isall ano of nog( sa}Inul u.IL-al joafoad jaaajS euol-eJ S toZ aul bnd1N�30 uedsd 14aa.i;S euejeJ u;noS t;,OZ 1 2u!PI!n8 db'J THE CITY of ASPEN Land Use Application Determination of Completeness Date: February 24, 2012 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0013.2013.ASLU -204 S. Galena Ave. The planner assigned to this case is Justin Barker. U Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, (-�—en'nifer PJ66111 , Deputy Director City of Aspen, Community Development Department i For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No Subdivision, SPA,or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes )�-- No Commercial E.P.F. i H1".1R7a3 LEGEND AND NOTES O imar n{{ECt1kEo fl UTILITY 1r( d tta.Er t9A[Att EOS1fU/,:1641 •1St' L7 E1mv, TITLE Ih=r7Y.t1761f('"MI I0 it: �:fi.1(i•SS%i:i ca;Elx]£uiiitiii f. IAt. Q S(ifFi S1l•T A f•/1 O H.f ILIA.1.aV1155.1-10(lS.)a3 116V EYCCrCH t.,16. yy ihT �tlfE(19�rt(F 1Ytt Ay[r,t'1\ O !9 10 if !S 371 Al�flr'�tS}4ix�ftFh1�t1E].)fi y• 11110 AI r3 /A[ f I%sit SI EEE)r Vi}.t hS I*FE S. W.-If t ICSS t Ch 0\CITr lo'-tiff�f IS9 FL•]r•�.OI '••S 7.�A.p(AEC St)5111 HW E tlEt IU. E N.Y.�(4 1671.I'M 7,F F l/U.13 SO fk EIC-0 ?O E9:H /m1.E y10f EtEYMHV 40 px VICIIIITY MAP 1111./� 1111.1 2S.CO'1.0.,, A v Nv t'L'I � �` x('••:14 �J rfi ,bra ++ 0175 it 1 1 A {•. 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St•.1{<i;/J EL.(QF Q;l it EiEa!F[El IS 1410 MESS 1E)$11010 -v1F ltJ:4,Nr<fEj.0 al i)1 t@ E,U 1.f. t ! ri 1611.1 �I f:.:.'.'.:�:.'.1.':'. .•4 A'.• 'tl 7 '1.t.3:-7571 CA oil''..1,.a'�'�•' 01St 7394/ J - z `•-SIC I(,=.?]3<; Et 7715.0 /+ ' lJ.y7./g , -L.F• �L S•C ++ro 7 ra,t F•e/. 7sw. t,al<.3 IMPROVEMENT SURVEY CF LOTS A.8!N,C FLOC,95.City JA0 tC1\311£6F AS IEV City o:Pit" St life 04FC117 I h III 9.050 SO FS•!• PAEPAAEO BY ASPEN SURVEY ENGINEERS. INC. 210 SOUTH CQC11A STREET �( AB fE]l.f0l0AAD0$1611 N Utll)1�S 11( 44:0 V N 1 1r]I(ii(j t.••r.j, 'a fi!OkE/FAX x9701 92s-3816 �P' 1Ir i+ iiY•l• c DATE JOB X117 17073A RESTAURANT LOBBY PROPOSED NET LEASABLE AREA SCHEDULE E>Le el NET LEASABLE AREA SGH®I1LE 325 SF �■ LEVEL NAME AREA COMMENTS Level NAME AREA LOWER LEVEL COMMON GRG 22"1 5F EXEMPT COMMON CIRC LOWER LEVEL COMMON GRG 10 5F EXEMPT LOWER LEVEL RETAIL A 5650 5F LOWER LEVEL COMMON GRG 135 SF EXEMPT MAN LEVEL RETAIL A 5611 5F 80 SF LOWER LEVEL COMMON GRG Not Enclosed EXEMPT Grand total 11320 5F [No LOWER LEVEL CORRIDOR 116 5F EXEMPT LOWER LEVEL DRY WELLS 291 5F EXEMPT LOWER LEVEL ELECTRICAL 210 5F EXEMPT LOWER LEVEL ELECTRICAL 1'14 57 EXEMPT LOWER LEVEL E_EV MECH 71 SF EXEMPT LOWER LEVEL ELEVATOR LOBBY 66 5F EXEMPT LOWER LEVEL MECHANICAL 174 5F EXEMPT LOWER LEVEL MECHANICAL 111 5F EXEMPT LOVER LEVE_ 5PRNKLER T7 5F EXEMPT LOWER LEVEL WATEL T 5F EXEMPT MAN LEVEL COMMON GRG Not Enclosed EXEMPT MAIN LEVEL COMMON GRG 80 5F EXEMPT PATIO ` MAIN LEVEL COMMON GRG 16T SF EJ4=M 2821.4 SF WWW.CUnniffe.COm 1 MAN LEVEL COMMON GRG. 365 SF EXEMPT I MAIN LEVEL DUMBWARER 10 5F EXEMPT MAIN LEVEL SERVICE Not EncbSed EXEMPT UPPER LEVEL COMMON GRG 80 SF EXEMPT DUMBWAITER UPPER LEVEL COMMON GRG Not Enclosed EXEMPT 12 SF 6 UPPER LEVEL DUMBWMfHR 12 SF EXEMPT UPPER LEVEL PATIO 2829 SF EXEMPT LOWER LEVEL RETAIL G 4458 5F 7 PROPOSED SECOND FLOOR MAM LEVEL RESTAURANT LOBBY 135 SF �N J 1/ MAN LEVEL RETAIL A 1323 SIF 16"=1'0" MAN LEVEL RETAIL B 1224 5F MAM LEVEL RETAIL G 2250 SF /1 0 MAM LEVEL RETAIL D 1251 5F COMMON CIRC �J O1 MAN LEVEL RETAIL E 1321 5F c� W Enclosed RESTAURANT LOBBY �-- UPPER LEVEL RESTAURANT 4619 SF du'i UPPER LEVEL RESTAURANT LOBBY 325 5F t�� l...: "'"3 �11 135 SF C-and total 16474 5F U m COMMON CIRC Q 167 SF E L COMMON CIRC ;I 80 SF Z m 7 Z p COMMON CIRC. D p 365 SF w U y J w J a Q >_ DUMBWAITER 10 SF ° j N SERVICE Not Enclosed EXISTING FIRST FLOOR = z PROPOSED FIRST FLOOR W C L 1/16"_V-0" W COMMON CIRC � �0 Not C Q Enclosed Q z O ELECTRICAL SPRINKLER WATER CORRIDOR ELEV MECH COMMON CIRC ELEVATOR LOBBY z J J 174 SF 77 SF 77 SF 116 SF 77 SF 227 SF 66 SF Lu <O J Q C/iw MECHANICAL ";r U) 171 SF N Q = COMMON CIRC C6 70 SF O COMMON CIRC N 135 SF DRAWING: er£r LeAweie Keen. ISSUE: DATE: NPL•IMeeeptleT IAt/q COMMON CIRC JOB N0.1132 Enclosetl SHEET N0. EXISTING BASEMENT _ PROPOSED BASEMENT g DRY WELLS MECHANICAL ELECTRICAL . .ate a 291 SF 174 SF 270 SF PROPOSED NET LEASABLE AREA SCHEDULE EXI57ING NET LEASABLE AREA SCHEDULE LEVEL NAME AREA COMMENTS Level NAME AREA LOWER LEVEL COMMON GIRG 221 5F EXEMPT LOWER LEVEL COMMON GIRO '70 5F EXEMPT LOWER LEVEL RETAIL A 5650 51, LOWER LEVEL COMMON GIRG 135 5F EXEMPT MAIN LEVEL RETAIL A 5611 5F LOWER LEVEL COMMON GIRG Not Enclosed EXEMPT Grand total 11320 5F LOWER LEVEL CORRIDOR 116 5F EXEMPT LOWER LEVEL DRY WELL5 291 5F EXEMPT LOWER LEVEL ELECTRICAL 210 SF EXEMPT LOWER LEVEL ELECTRICAL 174 SF EXEMPT LOWER LEVEL ELEV MECH 11 5F EXEMPT LOWER LEVEL ELEVATOR LOBBY 66 5F EXEMPT LOWER LEVEL MECHANICAL 174 5F EXEMPT LOWER LEVEL MECHANICAL 111 5F EXEMPT LOWER LEVEL SPRINKLER 71 5F EXEMPT LOWER LEVEL WATER 11 5F EXEMPT MAIN LEVEL COMMON GIRG Not Enclosed EXEMPT MAIN LEVEL COMMON GIRO BO 5F EXEMPT MAIN LEVEL COMMON GIRG 167 5F EXEMPT MAIN LEVEL COMMON GIRO. 365 5F EXEMPT MAIN LEVEL DUMBWAITER 10 5F EXEMPT MAIN LEVEL SERVICE Not Enclosed EXEMPT UPPER LEVEL COMMON GIRG 50 5F EXEMPT UPPER LEVEL COMMON GIRO Not Enclosed EXEMPT UPPER LEVEL DUMBWAITER 12 5F EXEMPT UPPER LEVEL PATIO 2529 5F EXEMPT LOWER LEVEL RETAIL G 4458 5F MAIN LEVEL RE5TAJRANT LOBBY 135 5F MAIN LEVEL RETAIL A 1323 5F MAIN LEVEL RETAIL B 1.224 5F MAIN LEVEL RETAIL G 2258 5F MAIN LEVEL RETAIL D 1251 5F MAIN LEVEL RETAIL E 1321 5F UPPER LEVEL RE5TAURANT 4679 5F UPPER LEVEL RE5TAllRANT LOBBY 325 5F Grand total 16914 5F ALLOWABLE FAR=15060 5F ALLOWABLE DECK AREA=15060 X 15%=2109 5F EXI5TING FLOOR AREA 5CHEDULE Level NAME FLOOR AREA COMMENTS TOP FLOOR LOWER LEVEL 5TORASE 59b9 5F EXEMPT CIRCULATION MAIN LEVEL RETAIL 5890 5F 182 SF . Grand total 5890 5F PROPOSED FLOOR AREA SCHEDULE Level NAME FLOOR AREA COMMENTS LOWER LEVEL AREA t MECHANICAL 1208 5F EXEMPT UPPER LEVEL PATIO AREA 2659 5F EXEMPT UPPER LEVEL TOP FLOOR CIRCULATION 182 SF EXEMPT UPPER LEVEL TOP-FLOOR DUMBWAITER 9 5F EXEMPT MAN LEVEL AREA 8218 SF UPPER LEVEL RESTAURANT AREA 5029 SF ww .cunniffe.com Grand total 135015F TOP-FLOOR UMBWAITER 98F PROPOSED SECOND FLOOR 1/18"=1'-0" Lr U _ I < LL r=? LL - �� z z 8 U) Lu lo lo U 0 — EXISTING FIRST FLOOR _ PROPOSED FIRST FLOOR r W — w FO (A (0°Q z J O J <O -- < Uj w oa N Q O N �� cN.cuunoNs ISSUE DATE: Mr4AMe+a E+r V9tna JOB NO.1132 I Sl-MNO. EXISTING BASEMENT __ PROPOSED BASEMENT /,6..=1,_U„ _z_ 1/16"=,._U,. AO.2 i z A A A A GALENA ST. 0 Z 2 r Z yA rnN m N �O ® A Z D < Fn I >e\\!5 ® ID U) ILI] m -o z 204 S. GALENA STREET CHARLES CUNNIFFE ARCHITECTS N w° 204 S.GALENA ST. w m ASPEN,COLORADO 610 EAST HYMAN AVE, I ASPEN,CO 81611 1 TEL:970.925.5590 1 FAX 970.920,4557 3 u Q o o Q I Q Q � Q QQ 3°'-0• 3° -°• 30•-0• 60 wvAlv.cunniffe.com ---------- -------— ------- 7-1 CORRIDOR ELEVATOR LOBBY ss CORRIDOR S CORP 4ORRIDOR MECHANICAL Ij E ELEC AL C CHASE WATER SPRINKLE ELEVATOR U) MECH L C) FOUNDATION=6E _U LL LL — — — — — — — --- — MECHANICAL 8 CHASE 2f C) SPACE G U) II I A 4.2 U - -- - - - - - - - - ---- - - - - - - - - is u LLJ Lli JI _U IIL==! :GRESS STAI t U)< cf) L L------ < GRE DRY WELLS 'ECHANICAL ELECTRICAL < z 0 LU up w < up C/jz U-1 c=)C/) -----7———71 04< Uj C) DPAWNG IANER LEVEL FLGTL PLAN ISSUE: DATE HPLANENpMENT 1/31/13 NORTH NORTH EXISTING BASEMENT FLOOR PLAN PROPOSED BASEMENT FLOOR PLAN -,JMNU 1-132 SHEETNO. A2.1 i 4N.4 A3.1 d.6 o I i D1 D2 I I i i I I i i I i i i q I II Ji I II ' I— ry i I i I i I —1 I-- i - -1 — - - - - - I I 9 --------.-- - - EL. 9'- www.cunniffe.com DA - - —ter �I�� - - DA A m I - A L. sLOBBY E sas _nT11TIT11TIIlITl 4 6 9 1 3• 4 B __ A _ +'l] Iu1 UP rl Ai LL11 LLI1J [SPACE j j li I �� ! I I �� ss'o• I I I I ELEV e l o III p r EGRESS w Q III RE5�0�^d T.B.D.III STAIR —� -� TENANT INI5H O)T'-------'(T� �N II II r - - I J ! III RE5TRO&T.S.D.N_ a I .- L - III 3 A D 3.1 TENANT FINISH OIT a .i 99'-0" � III o - SPACE B ACCESS U III e�. ss'-o^ j VESTIBULE elk III a 2 AD3, Ho 1 O W III LL - --- — III , Z Z I 111 i i i i i i i g A 3.1 2 " 111 O 1 ACCESS U vd II j _ j III CORRIDOR (n SPACE C Lij J Q , ADa.1 NI L= = d A o a. - ------ --- j RES;RVOM T.Bn WITH - ------- - - U �I I�1 D -- 4 p II 11 1 .1 RE5TROOM T.B.D.WITH 11 11 11 TENANT FIN 5H OUT p ENANT FIN 5H OJT �II III - ! SPACE D — j li IIII RESTAURANT - --- -�- "--®--r==7) ( 1= --------..__-_- --- - - - DN ! DVM6NWTER W II- -II I !l�� I. X11 I, ! � E, 100'0^ I I LLl I L——— — IL It U_ II � �s� �= Fi��i�� Fes=s ue- _ _ _ _ r if 'itf lTITITi n ri TIC 11 11 F U) coin° 1 p II 11 I�---- II I I LL 1 ID U LI Ll I = NcRES Q w i .ill --4 ------ Q z l� ICI Jet �i I e I- loo -o" fal Rb-oA W, S RV16E1 1 REGTGLNO Z J 0 SPACE E I III TRASH GorvraNERS L,LI Q U IRESTROOM T.S.D.WITH I IARElI, I a_,•D-e'-e°x F'-6° � �Z ROLLING TRASH CONTAINER Ui �' I TENANT FIN15H O T = Q II / II i II i II I_II 1 __ _ I___ - � DIN EL ,�6 ID" d a V J roo'-0• o 2,'-]3/B' REGE55 UNDER 57AIR FOR 1 I E L. 10 0 10' ELECTRICAL DIY..ONNEGTS 6 8 DRAWN-- REOD RE E55 FOR "AN LE�L FLOai PLAN sAS METERS ISSUE: I DATE: PG-AMENDMENT 1/1/15 NORTH NORTH EXISTING FIRST FLOOR PLAN PROPOSED FIRST FLOOR PLAN JOB NO.1132 SF�ETIJO. A2.2 www.cunniffe.00m 0 0 ❑0❑ 0 0 0 0 0 I I � I i U 2 U � Q 4 EXISTING WEST ELEVATION (*-,1 EXISTING NORTH ELEVATION L z z D U � U) Q � 2 U 0 MEGIPNICAL scle!EN MEGHANIGAL SLREEN W T.O.R Lu —.---.--- — _-_ —/ ._.—.— — OOF � Q 11 I/N1 W O CD� —UPPER LEVEL UPPER LEVEL Q �Z NJ NJ MO rp•-U•. W 11B'-0 /A O a CM is N II II I II II - -- II MALEV I- _-� ---- IN E L — - ---.—. .. ._ - _ __- - - _ _ _ MAIN LEVEL b6..p: 22'-0' n'-B' YT-6• 22-0' 46'-6• zr, DRAWING: �E32VATi" ISSUE: DATE: HPG vl3n� 2 PROPOSED WEST ELEVATION PROPOSED NORTH ELEVATION JOB N0. 71 32 SHEET N0. A3.1 s 6 s www.cunniffe.com I _ ! � m 0 � LL_ Q EXISTING EAST ELEVATION EXIST 2 ING SOUTH ELEVATION LL Z Z o U U a < w J Q Q U w MEGRArvIGAL vREEry �MEG4ANIGAL E4REEN _--T _ W T.O. ROOF-{/yam _ T.O. R 0 0 O t28'-0' `✓ __ X6,0" �Q L7N.E�F S16HT_-- Z W 0 W <O UPPER LEVEL Z __ 1t6'-0•-� -� - - UPPER LEVEL_ �a L1 O() '^ N Q C) 1 ® N MAIN LEVEO-L -_� �- _. _ --._ - _ - -.-.-. -._.-. - _._-. MAIN LEVEL R DRAWING: -E- ISSUE: DATE: LIO�N.LM11 PROPOSED EAST ELEVATION �1 PROPOSED SOUTH ELEVATION SHEET NO. A3.2 I