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HomeMy WebLinkAboutLand Use Case.205 S Mill St.0065.2019.ASLUCOMMUNITY DEVELOPMENT CITY OF ASPEN CASE NUMBER 0065.2019.ASLU PROJECT ADDRESS 205 S MILL ST UNITS 109&111 PARCELID 273707338004 PLANNER Mike Kraemer CASE DESCRIPTION MINOR COMMERCIAL GMQS EXPANSION REPRESENTATIVE Flynn Stewart-Severy DATE CLOSED 1/2/2020 CLOSED BY SARA NESTER i ,,, I IIIIII I II IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIIIII III IIII ,/���1/� RECEPTION#: 657606, R: $33.00, D: $0.00 ������ DOC CODE: ADMIN DECISION �11�►� Pg 1 of 5, 07/31/2019 at 04:08:18 PM Janice K. Vos Caudill, Pitkin County, CO CITY OF ASPEN ADMINISTRATIVE DETERMINATION GRANTING A GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION (GMQS) AND APPROVAL OF A CERTIFICATE OF NO NEGATIVE EFFECT FOR A REMODEL OF COMMERCIAL UNITS log, no, AND 111 AT THE PROPERTY COMMONLY KNOWN AS 205 SOUTH MILL STREET (MILL STREET PLAZA), LEGALLY DESCRIBED AS: LOTS: D, E, F, G, H, AND I, BLOCK 81, CITY AND TOWNSITE OF ASPEN. Parcel ID No. 2737-073-38-004 APPLICANT: Mill Street Plaza Associates, LLC / I -Matti, Inc., d/b/a Campo De Fiori REPRESENTATIVE: Flynn Stewart-Severy, AIA, F&M Architects, LLC SUBJECT & SITE OF APPROVAL: This is an Administrative Determination to combine and remodel commercial units 109, 110, and ill. An opening is proposed in a non-structural partition wall that combines unit ill with the existing Campo De Fiori space (units log &llo). The proposal is considered Exempt Development (Section 26.470.070), specifically related to "Remodeling of Existing Commercial Development" (Section 26.470.070.(F)). The application proposes to change the fenestration of unit ill to match existing fenestration of units log and 110, shown in Exhibit A. The exterior improvements qualify for an approval of a Certificate of No Negative Effect (Section 26.415.07o.B). SUMMARY: The subject property is developed with a mixed -use building that was originally constructed in the 198o's. Unit log, 110 and ill are the subject of this application. Campo De Fiori currently occupies units log and lio. Currently, unit ill is a separate commercial unit and the applicant proposes to combine units 109 and 110 with unit ill. An opening in a non -structure partition wall is proposed that measures approximately nine (9) feet in length. Pursuant to Land Use Code Section 26.575.02o.D, the proposed opening results in an increase in net leasable space of seven (7) square feet. The proposed opening does not result in an increase in floor area. The Land Use Code allows for minor expansions of commercial units to be exempt from affordable housing mitigation if the proposed expansion involves no more than five -hundred (500) square feet of net leasable area, and no more than two -hundred -and fifty (250) square feet of floor area. Any increase in net leasable or floor area approved administratively are tracked cumulatively. 205 S. Mill Street has exceeded the cumulative total allowed for administrative approval exempt from affordable housing mitigation. The penetration in the demising wall increases the total net leasable area by seven (7) square feet. In order to avoid this increase in net leasable area, the applicant proposes to fur out the north wall Page I i 13o South Galena Street Aspen. CO 81611.1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com of unit ill four (4) inches for the entire length of the wall, or twenty-one (21) feet four (4) inches, for a total of seven (7) square feet. The proposed design, including the furred wall, does not result in an increase in net leasable area. The net leasable calculation will be confirmed at building permit. The Applicant also proposes a change in fenestration on the south and east exterior walls of unit ill. The openings will remain the same size, but the windows and doors will be replaced to match existing fenestration of unit 109 and 11o. The replacement of fenestration on a non -historic building in the historic district has been found to qualify for a Certificate of No Negative Effect. STAFF EVALUATION: Staff finds that the request meets the requirements of an exemption to GMQS requirements as there is no increase in commercial net leasable space in the combining of commercial units log, 110 and 111. The exterior scope of work also qualifies for a Certificate of No Negative Effect approval for the proposed fenestration changes. • Land Use Code 26.470.07o(F): GMQS Exemption for Existing Commercial Development. The seven (7) square feet of added net leasable area resulting from the elimination of a portion of a demising wall will be negated by furring out the north wall of unit 111. The net result will be an increase of zero (o) square feet of net leasable area. This will be confirmed prior to building permit issuance. Pursuant to this Land Use Code section, the applicant has represented that demolition has not been triggered, no additional commercial net leasable space is proposed, and there will be no change in use. (Exhibit A) • Land Use Code 26.415.070.B: Certificate of No Negative Effect. The proposed fenestration changes on the south and east exterior walls of unit 111 (shown in Exhibit B) are approved for a Certificate of No Negative Effect. DECISION: The Community Development Director finds the application for a Growth Management Exemption and Historic Certificate of No Negative Effect meets the review criteria and hereby APPROVES combining units log & lio with unit 111 with no increase in commercial net leasable space, and changes to fenestration of unit ill of the Mill Street Plaza, as depicted in Exhibit A: APPROVED BY: Jennif elan Interim Community Development Director Attachments: Exhibit A - Floor plans (recorded) Exhibit B - Proposed Fenestration (recorded) Exhibit C - GMQS Review Criteria (not recorded) Exhibit D - Application (not recorded) Date Page 12 f a 0 Cl AREA OF SCOPE - - AREA OF SCOPE 0 H 0 0 Q E �= U 942 =41 .W 7 *11. DEMO FLOOR PLAN A2.2 M s AREA OF SCOPE - I � I � 1 - AREA OF SCOPE /_____________-1_______________ 1 COMMUNITY RM 8 BATH FLOOR PLAN oN: 1N' 1 0 70 0 Q U oonxx $IiEE* IlllF' FLOOR PLAN A2.3 A A • Ga-nit o s d r• * Mori iXISI INC, Firs ' \ m-1147-Community Nm SHEET nrre: EXTERIOR ELEVATIONS A3.1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site -specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site -specific development plan as described below. Mill Street Plaza Associates, LLC 205 S Mill St., Aspen, CO 81611 Property Owner's Name, Mailing Address LOTS D E F G H AND I BLOCK 81 CITY AND TOWNSITE OF ASPEN., PID# 2737-073-38-004 Legal Description and Street Address of Subject Property The applicant has received an administrative determination of Growth Management Quota System exemptions for a renovation that combines commercial units 109 and 110 with unit I I I with no increase in commercial net leasable and Historic Certificate of No Negative Effect for changes in fenestration. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Determination of Growth Management Exemption and Certificate of No Negative Effect via an approval with reception number 657606 on July 31, 2019. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 8, 2019 Effective Date of Development Order (Same as date of publication of notice of approval.) August 8, 2022 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code) Issued this 1' day of August, 2019, by the City of Aspen Interim Community Development Director. Jennifer elInterim Community Development Director Page I of 1 Ll AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: ZO 5 S f w 5! . , Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, L %ffiQn(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) or Section 26.306.010 (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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A cogy of the publication is attached hereto. Signature The foregoing "Affidavit of Notice" was acknowledged before 11me this $ day of �lJ {- , 20Q q, by L a U r-c� l-1T_�'�%ls�- WITNESS MY HAND AND OFFICIAL SEAL � I M commission expire s: �J ZO Z3 a 1 : d F yy q� gill, yali t 'Notary Public LAUREN LITCHET NOTARY PUBLIC ATTACHMENTS: STATE OF COLORADO NOTARY ID 20194003051 COPY OF THE PUBLICATION MY COMMISSION EXPIRES JANUARY 23, 2023 9 Janice K. Vos Caudill Pitkin County Clerk and Recorder 534 East Hyman Avenue Aspen, CO 81611 (970)429-2716 Number of Documents Recorded: I • O%JrKIN Transaction Receipt "CuUNT'v Print Date: 07/31/2019 04:08:20 PM Transaction #626179 Transaction Type: Recording Receipt #2019003591 Cashier: Chrissy Carson Cashier Date: 07/31/2019 04:08:18 PM Reception#657606 - ADMINISTRATIVE DECISION - Recording Surcharge: $3.00 5pg(s) Recording Fee: $30.00 $33.00 Total Fees $33M Payment Received: Check # 1149 $33.00 Change $0.00 Presented by: F&M ARCHITECTS LLC OVER THE COUNTER *, CO * Permit_ File Edit R.Eccrd fJa-.igate Fcrn- vfv j Clear AJ21 0 0 U x JCD T 0 m 0 • • - I Repert_ Fcrmat Tab Help ' I(� A -7 Jump Main Custom Fields Routing Status Fee Sunimary Actions Routing History Permit type Lslu Aspen Land Use _� Permit # 0065.2019.ASLU Address 1205 S MILL ST I Apt/Suite 109AND 111 City JASPEN State CO Zip 181611 Permit Information Master permit Routing queue aslul5 Applied 07/25/2019 Project Status pending Approved Description MINOR COMMERCIAL GA4G1S EXPANSION Issued ClosedlFinal Submitted FLYNN S 9709872707 Clock Running Days 7-01 Expires 07/19/2020 Submitted via Owner Last name I STEWART-SEVERY First name I FLYNN Phone (970) 987.2707 Address Applicant © Owner is applicant? ❑ Contractor is applicant? Last name I STEWART-SEVERY First name FLYNN Phone (970) 987-2707 Cust # 31325 Address Email —71 Lender Last name I First name Phone ( ) Address Pry' Enter the permit type code AspenGold5 (server) lillyc — 2 qi i CITYOFASPEN Land Use Application Determination of Completeness Date: July 23, 2019 Dear City of Aspen Land Use Review Applicant, We have received your land use application fora Minor Commercial GMQS Expansion for property located 205 S Mill Street, Units 109 and 111, and have reviewed it for completeness. w Your Land Use Application is complete. Please submit the following to begin the land use review process: 1) 1 digital pdf of the entire application (via thumbdrive, emailed files (pdf), or file sharing) Garrett Larimer has been assigned this land use case and other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. He will be in touch with you directly or please contact him at 429-2739 garrett.larimer@cityofaspen.com if you have any questions. Thank You, Mike Kraemer Senior Planner City of Aspen, Community Development Department For Office Use Only: Mineral Rights otice Required Yes Ni GMQS Allotme is Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial�i E.P.F. Lodging 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 IF: 970.920.5197 1 cityofasp en.com COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET 'Ti iiNO i-i r, Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form D 2. Land Use Application Form �q 3. Dimensional Requirements Form (if required) JUL 1 o 2019 4. HOA Compliance Form 5. Development Review Procedure City of Aspen Community Development All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre -Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 • Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. • 9 Agreement to An agreement between the City of Aspen ("City") and Address of Property: Property Owner Name: Billing Name and Address - Send Bills to: F&M Architects PO Box 6762 Snowmass Village, CO 81615 Contact info for billing: e-mail: flynn@fandmarchitects.com Application J Please type or print in all caps Phone: 970-987-2707 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ n/a flat fee for $. flat fee for $. flat fee for flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that 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 no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 325 deposit for 1 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: Flynn Stewart-Severy Title: Architect/Owners Representative LAND USE APPLICATION Project Name and Address Campo de Fiori 205 S. Mill St #109 & 110 Aspen, CO 81611 Parcel ID # (REQUIRED) 273707338004 APPLICANT: Name: Elizabeth Plotke Address: 205 S. Mill St #109 & 110 Aspen, CO 81611 Phone #: 970-948-6407 email: campolizzy@yahoo.com REPRESENTIVATIVE: Name: Flynn Stewart-Severy Address: PO Box 6762; 15 Kearns Rd, Suite D; Snowmass Village, CO 81615 Phone#: 970-987-2707 email: Flynn@fandmarchitects.com Description: Existing and Proposed Conditions Campo de Fiori, tenant of existing space 109 & 110, is proposing a remodel of adjoining space 111. Remodel would include demo of a portion of the demising wall between the spaces and replacement of existing exterior door & window unit on the south wall. Remodel does not include structural changes. Review: Administrative or Board Review Required Land Use Review(s): 23C.2n JUL 18 City of Aspen Community DevelOpment Growth Management Quota System (GMQS) required fields: Net Leasable square footage 7sy It Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ ( Pre -Application Conference Summary © Signed Fee Agreement © HCA Compliance form © All items listed in checklist on PreApplication Conference Summary DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 0 0 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. i�1i CITY OFASPEN PRE -APPLICATION CONFERENCE SUMMARY DATE: July 15, 2019 PLANNER: Garrett Larimer, 429-2739 PROJECT NAME AND ADDRESS: 205 South Mill Street, Units log & 111 PARCEL ID# 273707338004 REPRESENTATIVE: Flynn Stewart-Severy, F&M Architects DESCRIPTION: 205 S Mill Street is in the Commercial Core (CC) zone district, and is a commercial, non -historic structure. The applicant proposes to combine two existing commercial net leasable spaces, the existing Campo De Fiori space (Unit log) and unit 111, by demolishing a portion of the demising wall between the two spaces. The area where the wall was located will become commercial net leasable area. An administrative approval may be granted for a minor expansion of commercial net leasable space that does not exceed 500 sq. ft. This is a cumulative number, inclusive of past approvals. No employee mitigation is required if the project qualifies under this growth management review. The applicant also proposes changes to the exterior of unit 111 which will require a Commercial Design review and Historic Certificate of No Negative Effect. The proposed changes will remove a door and add two windows. The applicant will need to respond to the relevant review criteria. All reviews will be combined in an administrative determination. Following are the relevant sections of the Municipal Code and details on how to move forward. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412.o9o.A.3 Commercial Design Review, Administrative 26.415.070.13 Certificate of No Negative Effect 26.470.o6o GMQS, Procedures for Review 26.470.ogo.F Minor Expansion of a Commercial, Lodge, or Mixed -Use Development 26.71o.18o Mixed Use (MU) Zone District For your convenience - links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code Commercial_ Design_ Guidelines REVIEW BY: • Staff for completeness of application, and approval. REQUIRED LAND USE REVIEW(S): • Administrative GMQS Review - Minor expansion of a commercial, lodge or mixed -use development. • Administrative Certificate of No Negative Effect - Development of a Property Within a Historic District PUBLIC HEARING: 130 South valena Street Aspen, CO 81611-1975 1 P_ 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com • No NEIGHBORHOOD OUTREACH: • No PLANNING FEES: $325 deposit for one (1) hour of staff time. REFERRAL FEES: None. TOTAL DEPOSIT: $325 (additional/lesser planning hours are billed/refunded at a rate of $325/hour). APPLICATION CHECKLIST - These items should first be submitted in one paper copy. ❑ Completed Land Use Application and signed Fee Agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. ❑ A letter of approval from the property owner indicating they consent to the proposal. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached to Application) ❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 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 and relevant land use approvals associated with the property. ❑ Existing and proposed floor plans clearly demarcating the walls to be removed, and the total square footage of the removed wall footprint. Once the application is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: u 0 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. 0 . John H. Case Attorney at Law 104 W. 70t' St., Unit 7G, New York, NY 10023 Telephone (970) 379-3251 1265 Mountain View Drive, Aspen, CO 81611 johnhockingcase @ gmail.com July 16, 2019 City of Aspen Community Development Department 201 N. Mill Street Aspen, CO 81611 Re: Work to be done at Mill Street Plaza, Suite I I I Dear Community Development: I am an attorney licensed to practice in Colorado, Attorney Registration No. 15443, and I have represented Mill Street Plaza for many years. For the work to be done at Mill Street Plaza, Suite 111, Parcel ID #273707338004, please be advised that the owner of the property is Mill Street Plaza Associates, LLC, a Colorado limited liability company. The legal description of the property is Lots D, E, F, G, H and I, Block 81, City and Townsite of Aspen. There is a mortgage on the property held by the Bank of Colorado, 901 Grand Avenue, Glenwood Springs, CO 81601. There are no judgments, liens, easements, contracts or agreements affecting the property. Please contact me by email of telephone if you have any questions. Sincerely, Is/John H. Case John H. Case JHC: ss Cc: Tony Mazza 0 0 M & W PRopr•%RTIES SUITS 202 602 F.nsr COOPER AvEKUE ANT149NY J. MAZZA ASPEN, Colxmu no 81611 June 28, 2o19 City of Aspen Community Development 130 South Galena Street Aspen, CO 816n ffiVY9777- j r Gentlemen: Aitr.A Corr 970 TF.ixinioNF 925.50.32 FAx 926.6996 Mill Street Plaza Associates, LLC, as owner of the Mill Street Plaza Building, is leasing space to Space 'I1 to Campo De Fiori. Mill Street Plaza Associates is totally supportive of Campo and Elizabeth Plotke and will approve and allow whatever work needs to be done in connection with the space going forward. If you have any questions, please feel free to contact the undersigned. Thank you. dr Very truly yours, Debbie Roberts for MILL STREET PLAZA ASSOCLATES, LLC July 17, 2019 City of Aspen Community Development 130 S. Galena St. Aspen, CO 81611 RE: Land Use Application for Campo de Fiod Location: 205 S. Mill St Legal Description: Subdivision: CITY AND TOWNSITE OF ASPEN Block: 81 Lot: D AND:- Lot: Thru I Parcel: 273707338004 To Whom It May Concern: The applicantiowner of Campo de Pion located at 205 S Mill St.; Elizabeth Plotke, hereby authorize Flynn Stewart-Severy, AIA, of F&M Architects LLC, Snowmass Village, CO, to act as the Applicant's Authorized Representative with regards to the Land Use and Building Permit Application of space(s) leased to Campo de Fiori. Sincerely, Date Printed l� 126AL,:�Ih OT-Lk Title Mill Street Plaza Assoc. LLC 602 E. Cooper #202 Aspen, CO 81611 0 0 ADDRESS: PERMIT NUMBER: COMMUNITY DEVELOPMENT DEPARTMENT HOMEOWNER ASSOCIATION COMPLIANCE FORM TF.FCrrvoFAsPEN All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or attorney representing the property owner. The following certification shall accompany the application for a permit. ADDRESS zt� 5 �J OhL " ` YeGL UNIT # � PARCEL ID p � 73 %0733Xa 0� I, the property owner, certify as follows: (pick one) 0, This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner Signature �~Date 7 �9 n k ✓ C►� Owner Printed Name #11 JZ reei /"�,cZw ASS(e[k �S LLG OR Owner's Attorney Signature Date Owner's Attorney Printed Name CITY OF ASPENJanuary2018 130 S. GALENA ST I ASPEN CO 81611 0 0 Means Knaus Partners LP Q Rya,�d �O�tM,R o 0'fw D, Qs o. 65 K ❑ `Q QDoerr -Hosier Center c�b A>pen Meadows Resort Roannyr Hunter Creek Trail Head Q ork�' . Smuggler Mountain 13 CleckRd Observation Desk Benedict Music Tent and Harris Concert Hall es �r�M;on v JC 6 5 Sc Gillespla Are Sn;ufl w wNaMsr � r�'�9Wcv Si 82 z Triangle Park t; ne sc "Y lch �,Frc t Manager $ wrr a ns ° QHolden Marolt Mining ali,,,,sy Red Brick Center Q 016 a z & Ranching Museum = waree.M For the Arts Ake St y John Denver Sanctuary 5f wMa�° St r �' Rio Grande Parking Q y o Paepcke Park Cam De Fiori 21 Hip, buzzy spot for kd'c 9 upscale Italian fare 4 y Aspen Art Museum Q Fh�kMsgr 0 � Q i F i Aspen Mountain Q r is Ski Resort - Aspen.... x V Glory Hole Park V` Aspen Sk Crnic 0 14 41 Sk' It Kim CJ t4 •� n 706 isb� 4` 105 14 Corbeaux Q t -h Asp( Area ( July 17,2019 City of Aspen c/o Garrett Larimer 130 S. Galena St. Aspen, Colorado 81611 RE: 205 S. Mill St Land Use Application To whom it may concern: Please accept our application for Land Use review of 205 S. Mill Street, Units 109-111 . This application encompasses remodeling unit 111 of the Mill Street Plaza Building. Mill Street Plaza Associates, LLC. leases units 109 &110 to Elizabeth Plotke for the restaurant Campo de Fiori and unit 111 is the proposed community room to be remodeled for an additional space to the restaurant. The proposal to remodel space 111, includes replacing exterior door & window units and creating an opening in the demising wall between space 111 and existing space 110 which will inadvertently create a small addition of net leasable square feet. 205 S. Mill property Campo de Fiori is located in the lower level of the Mill Street Plaza Building off of S. Mill Street and E. Hopkins Avenue. Campo de Fiori was established in 1994 and currently includes the kitchen and dining area within unit 109 and the bar area in unit 110. With over 15 years in business, they are now looking at expanding into the adjoining unit 111 for the addition of a community room. Proposed Remodel The existing restaurant Campo de Fiori has 1736 sq ft of net leasable area including units 109 &110. The adjacent space, unit 111 has 383 sq ft of net leasable area. The proposed remodel would including demolishing a portion of the non-structural demising wall between the two spaces, which subsequently creates previously unaccounted for net leasable square feet. The proposed opening would be 9'-0" in width and 8 3/4" in depth. This area would add 7 sq ft of net leasable area. Mill Street Plaza Building has a 500 sq ft exemption which has not been used to date. This remodel would use 7 of the 500 for a remaining 493 sq ft exemption. Exterior Remodel The Mill Street Plaza is located within a Historic District, proposed remodel will not diminish, eliminate, or adversely effect the exterior of the existing building. Proposed remodel includes replacing the current window and door unit on the south face of unit 111. The new unit would not include any structural changes to the existing opening. The opening would be replaced with a new swing door and slider door both with transom windows above. This unit will be designed to match the existing doors and windows of Campo de Fiori. PO BOX 6762 15 KEARNS RD SUITE D I SNOWMASS VILLAGE, CO 81615 970.987.2707 I 1 \` )m \ui.iii i i ( i, ( ()\i 0 Window & Door Images existing window and icolu ransom to be replaced to match unit on west side of mn O Campo de Fiori Land Use Review Page 2 of 3 lexisung window and transom to remain replace Campo de Fiori Land Use Review Page 3 of 3 To summarize the proposal requests the following: Replacement of door and window unit on south wall of space 111 Demolition of a portion of the demising wall between unit 110 and 111 increasing the net leasable square footage by 7 sq ft out of the allowed 500 sq ft. We look forward to your review of the proposal and are motivated to proceed with the remodel in a quick and efficient manner. Please contact me if you have any questions or would like more information to complete your review, 970-987-2707. Regards, U r l� Flynn Stewart-Severy, AIA PRINCIPAL F&M ARCHITECTS !., V R It AREA OF SCOPE -- • -- _ - - - - J - - - - - - - - - - - - - - - 19'-5 1/8" i T-0 3/4" 4-7/8" 1'-8" \ i 29'-7 3/4" I I I I I II I " I Bar Wine _; I /Ar lJ I i I \ I I II I Bath ; r------____-- j I I I I / I II II ' 1_Lq ' II 'rep Bar Dining 1 /2" 1 I I 3 I I I f s a a I I I - � m I I I I I N • 5 3/4" 8 3/4" 5 3/4" I -- AREA OF SCOE ------------------------------------- 14'-4 7/8" 1'-5 112"---5'-0 7/8" I I � I I I I I I I I I I (V I I I p I � I ti I I I Space I I I -------------------------------------- - LL DEMO FLOOR PLAN ^O Em �1J m =O fU U na �a JOB • 19035 DRAWN F&M CHECKED- F3M PRINTED 747119 SHEET TITLE DEMO FLOOR PLAN AREA OF SCOPE - 0 • ,- ------------------- 6812 I I I M. Bar D'ni g l � -- AREA OF S•PE I - 21-5 8' 06 812 I - - - Al uJ 40" x 135" HIGH TOP TABLE I I 14 SEATS AL I Izl Iol I Iml I><I ICI 'o c B, I lol I � I I 30" x 72" TABLE 30•' x 72' TABLE 30' x 72' TABLE I6 SEATS I 16 SEATS Tj E]6 SEATS [ Ej I I I D-11 D-10 I I 5 I 6. 7• ------------------------------------- 1 COMMUNITY RM & BATH FLOOR PLAN Scale: 3l8" = 1•-0' I v I I I I I I I I I I I I I JOB f: I903S DRAWN F&M CHECKED F&M PRINTED 7,17,19 SHEET TITLE. FLOOR PLAN A2.3