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RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 35
(SERIES OF 2014)
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
GRANTING MAJOR DEVELOPMENT CONCEPTUAL APPROVAL, DEMOLITION,
RESIDENTIAL DESIGN STANDARD APPROVAL, GROWTH MANAGEMENT
APPROVALS, AND CONCEPTUAL COMMERCIAL DESIGN APPROVAL AND
RECOMMENDING CITY COUNCIL GRANT PLANNED DEVELOPMENT—
PROJECT REVIEW APPROVAL AND SUBDIVISION APPROVAL FOR A SITE
SPECIFIC DEVELOPMENT PLAN FOR THE MOLLY GIBSON LODGE PLANNED
DEVELOPMENT LOCATED ON PROPERTY COMMONLY KNOWN AS 101 W MAIN
STREET,LOTS 1 AND 2 OF THE MOLLY GIBSON PUD,AND FOR LOT 2 OF THE 125
WEST MAIN STREET HISTORIC LANDMARK LOT SPLIT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2735-124-55-800
1735-124-55-005, 2735-114-55-066
WHEREAS, the Community Development Department received an application for the
Molly Gibson PD (the Application) from Aspen Galena, LLC (Applicant), represented by Stan
Clauson Associates and CCY Architects for the following land use review approvals:
• Planned Development— Project Review, pursuant to Land Use Code Chapter 26.445.
• Subdivision Review - pursuant to Land Use Code Chapter 26.480.
• Growth Management Review — Replacement of Existing Commercial and Lodge
Development, pursuant to Land Use Code Chapter 26.470.
• Growth Management Review—Lodge Development, pursuant to Land Use Code Chapter
26.470.
• Growth Management Review — New Free Market Residential Units, pursuant to Land
Use Code Chapter 26.470.
• Growth Management Review—Affordable Housing, pursuant to Land Use Code Chapter
26.470.
• Growth Management Review — Demolition or redevelopment of multi-family housing,
pursuant to Land Use Code Chapter 26.470.
• Commercial Design Review - Conceptual, pursuant to Land Use Code Section 26.412.
• Major Development - Conceptual for properties within the Historic District, pursuant to
Land Use Code Section 26.415.
• Demolition of properties located within the Historic District, pursuant to Section 26.415;
and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in
effect on the day of initial application— August 11, 2014, as applicable to this Project; and,
WHEREAS, the Application for the Molly Gibson PD proposes:
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page I of I I
64 hotel units with 64 bedrooms in 19,151 square feet of net livable area located
on Parcel 1
1 free-market residential unit located on Parcel 1 in 1,433 square feet of net
livable area.
1 affordable housing unit in 607 square feet of net livable area located on Parcel
1.
■ 2 free market residential single family homes located on Parcel 2 in 8,000 square
feet of floor area.
12 parking spaces at-grade spaces on Parcel 1.
4 garage parking spaces, 2 spaces per single family home, on Parcel 2; and,
WHEREAS, the Community Development Department received referral comments from
the Aspen Consolidated Sanitation District, City Engineering, Building Department, Fire
Protection District, Environmental Health Department, Parks Department, Aspen/Pitkin County
Housing Authority, Public Works Department, and the Transportation Department as a result of
the Development Review Committee meeting; and,
WHEREAS, pursuant to Section 26.470.040.0.7, Affordable Housing, of the Land Use
Code, a recommendation from the Aspen/Pitkin County Housing Authority is required and a
recommendation for approval by the board was provided at their November 5, 2014, regular
meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development Department
reviewed the proposed Application and recommended continuation; and,
WHEREAS, pursuant to Chapter 26.445 of the Land Use Code, Planned Development -
Project Review approval may be granted by the City Council at a duly noticed public hearing
after considering recommendations by the Historic Preservation Commission, the Community
Development Director, and relevant referral agencies; and,
WHEREAS, pursuant to Chapter 26.480 of the Land Use Code, Subdivision approval
may be granted by the City Council at a duly noticed public hearing after considering
recommendations by the Historic Preservation Commission, the Community Development
Director, and relevant referral agencies; and,
WHEREAS, all required public noticing was provided as evidenced by an affidavit of
public notice submitted to the record, a public open house was provided by the applicant to meet
the requirements of Land Use Code Section 26.304.035, and the public was provided a thorough
and full review of the proposed development; and,
WHEREAS, the Historic Preservation Commission reviewed the Application at a duly
noticed public hearing on December 3, 2014, continued from November 12, 2014,during which
the recommendations of the Community Development Director and comments from the public
were requested and heard by the Historic Preservation Commission, and the Commission; and,
WHEREAS, during a duly noticed public hearing on December 3, 2014, the Historic
Preservation Commission approved Resolution 35, Series of 2014, by a 5 -1 vote granting
Conceptual Major Development approval, Conceptual Commercial Design approval, Demolition
approval, Residential Design Standard variances, and Growth Management approval, and
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 2 of I I
recommending City Council approve the Molly Gibson Application and all necessary land use
reviews, as identified herein, with the recommended conditions of approval listed hereinafter.
NOW, THEREFORE BE IT RESOLVEDBV THE HISTORIC PRESERVATION
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1: Recommendations
Pursuant to the procedures and standards set forth in "Title 26 of the Aspen Municipal Code, the
Historic Preservation Commission hereby recommends City Council grant the Molly Gibson
Planned Development — Project Review approval and Subdivision approval, subject to the
recommended conditions of approval as listed herein. The recommended dimensions are
attached as Exhibit A.
The applicant is required to verify existing and proposed Floor area and net livable calculations
with the Zoning Officer prior to Planned Development— Project Review by City Council.
Section 2: Subsequent Reviews
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Applicant is required to obtain Final Commercial Design Review, Major Development Review—
Final for properties located within the Historic District, and Planned Development — Detail
Review following approval of the reviews outlined herein. The applicant shall combine these
applications, and they shall be made no later than one (1) year following City Council approval
of the reviews outlined herein.
Section 3: Historic Preservation Reviews
Major Development- Conceptual approval for properties located within a Historic District,
Conceptual Commercial Design Standard approval, and Demolition for properties located within
a Historic District are granted for Parcel 1 of the Molly Gibson PUD and Parcel 2 of the 125
West Main Street Historic Landmark Lot Split as shown in Exhibit B. The flat roof version of
the two story module along the west property line of Parcel 1 is approved.
Section 4: Growth Management Allotments
4.1 Reconstruction Credits. Based on the existing Molly Gibson Lodge development, the
Applicant represents the following reconstruction credits, to be verified by the Zoning
Officer, pursuant to Land Use Chapter 26.470
a. A total of 54 lodging bedrooms, equating to 108 lodge pillows, is credited toward the
Project's lodge GMQS allotment request.
b. 1 unit of affordable housing.
4.2 Growth Management Allotments. The following growth management allotments are granted
to the Molly Gibson Lodge:
a. 10 lodging bedrooms = 20 lodging pillows. Added to the reconstruction credits, the
project represents 64 lodging bedrooms or 128 pillows.
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 3 of I I
b. 3 free market residential allotments.
Section 5: Affordable Housing
5.1 Mitigation Requirements. The mitigation for the project is as follows:
Affordable Housing replacement:
Replace existing one-bedroom affordable housing unit which generate 1.75 FTEs with an
onsite one-bedroom affordable housing unit which generates 1.75 FTEs.
Lodge:
Mitigate for the additional 10 lodge bedrooms @ 30.8%
10 lodge bedrooms * 0.3 FTEs = 3 FTEs generated
3 FTEs @ 10% mitigation = 0.3 FTEs required mitigation for lodge
Free-Market Residential:
Provide 10% of free-market residential square feet as affordable housing
12,555 sq ft * 10% = 1,255 square feet net livable area required as affordable housing
To convert to FTEs- 1,255/400 sf net livable per FTE = 3.14 FTEs
Affordable Housing Credits equal to 3.44 FTEs at a Category 4 or lower to mitigate the
Lodge and Free Market Residential requirements are approved. A one bedroom unit that is
Category 2 and is provided onsite to mitigate the demolition of the existing onsite one
bedroom unit is approved.
5.2 Affordable Housing Conditions. The affordable housing rental unit shall be deed restricted at
Category 2, and shall meet the following conditions:
a. The unit shall be deed restricted at Category 2.
b. All tenants shall be approved by APCHA prior to occupancy.
c. The hotel has the right-of-first refusal to place a qualified tenant in the unit upon approval
from APCI-!A.
d. Employees of the hotel will be exempt from maximum assets and maximum income for the
on-site unit; however, the tenants cannot own any other property within the ownership
exclusion cone and must work full time as defined in the APCHA Guidelines.
e. Minimum occupancy shall be obtained for each unit (one qualified employee per
bedroom).
f The unit cannot be vacant for longer than 45 days, unless APCHA is notified as to why the
unit has been left vacant. If an employee of the lodge is not interested in renting the unit, a
qualified tenant based on the APCHA Guidelines shall be allowed to rent the unit.
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 4 of 1 I
g. The deed restriction shall be recorded for the affordable housing unit prior to Certificate of
Occupancy (CO) of the free-market component. The CO for the affordable housing unit
shall be issued at the same time or prior to the CO for the lodge, free-market residential
units, and commercial space.
h. The Condominium Declaration shall include language, to be reviewed and approved by
APCHA,that should the affordable housing unit become an ownership unit:
a. The unit will be sold through the lottery system.
b. The dues will be based on the assessed value of the deed-restricted unit vs. the free-
market unit as well as the square footage of the units;
c. No common expenses will be charged to the deed-restricted owners, unless
approved by APCI4A, especially the common expenses associated with the lodge.
Section 6: Planned Development— Detail Review
In addition to the general documents required as part of a Planned Development—Detail Review,
the following items shall be required as part of the Application's Planned Development — Detail
Review:
a. An Outdoor Lighting Plan, pursuant to section 26.575.150.
b. An existing and proposed Landscaping Plan, identifying trees with diameters and values.
c. A draft Construction Management Plan.
d. A snow storage and snow shedding plan. Snow is not permitted to shed off roofs onto
neighboring properties. Demonstrate that any snow which sheds off roofs will remain
on-site.
e. Preservation of the historic fence on Lot 2 of 125 West Main Street Historic Landmark
Lot Split.
f. A completed Transportation Impact Analysis.
g. Confirmation from the Aspen Consolidated Sanitation District that the 0' rear yard
setback is constructible without damage to the sanitation sewer lines in the alley.
Section 7: Subdivision/PD Plat and Agreement
The Applicant shall submit a Subdivision/PD agreement (hereinafter "Agreement") that meets
the requirements of the Land Use Code within 180 days of final approval. The 180 days shall
commence upon the granting of Final Commercial Design, Final Major Devleopment and Planned
Development — Detail Review approvals by the Historic Preservation Commission. The
recordation documents shall be submitted in accordance with the requirements of Section 26.490
Approval Documents of the Land Use Code.
a. In accordance in Section 26.490.040, Approval Documents Content and Form, the
following plans are required in the Approved Plan Set:
1. Final Commercial and Historic Design Review/ Architectural Character
Plan.
2. Planned Development Project and Detail Review Plans.
3. Public Infrastructure Plan.
4. Final Transportation Impact Analysis (TIA).
b. In accordance with Section 26.490.050, Development Agreements, a Development
Agreement shall be entered into with the City.
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 5 of I I
c. In accordance with Section 26.490.060, Financial and Site Protection Requirements, the
applicant shall provide a site protection guarantee and a site enhancement guarantee.
d. In accordance with Section 26.490.070, Performance Guarantees, the following
guarantees are required in an amount equal to 150% of the current estimated cost of the
improvement:
1. Landscape Guarantee.
2. Public Facilities and Public Infrastructure.Guarantee.
3. Storm Water and Drainage Improvements Guarantee.
Section 8: Engineering Department
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.
8.1 Drainage: The project shall meet the Urban Runoff Management Plan Requirements and
Engineering Design Standards.
8.2 Sidewalk/Curb/Gutter: All sidewalk curb and gutter shall meet the Engineering Standards of
City of Aspen Municipal Code Title 21.
a.The minimum sidewalk width on Main and Garmisch Streets is 8 ft, detached. The
minimum width of the planting strip is 5 ft. It is understood that potential conflicts may
limit the sidewalk width and or planting strip width. While the applicant should attempt
to achieve the code width, the sidewalk width can be reduced to 6 ft where conflicts exist,
subject to approval by the Parks and Engineering Departments.
a) The Hopkins sidewalk is in a residential area and therefore, the minimum sidewalk width
is 5 ft, detached. The minimum width of the planting strip is 5 ft.
b) Curb and gutter likely needs to be replaced except for the new curb and gutter on
Hopkins Ave. The turning radius may need to be address at the intersection of Main and
Garmisch Streets.
8.3 Excavation Stabilization: Due to the proximity of the neighboring property and the
excavation of the building, an excavation stabilization plan shall be submitted to the
Engineering Department prior to building permit submittal.
8.4 CMP: The Construction Management Plan shall describe mitigation for: parking,
staging/encroachments, and truck traffic.
8.5 Snow Storage: A minimum functional area equaling 30% of the paved area shall be
provided contiguous to the paved and designed to accommodate snow storage. For heated areas,
the functional area can be reduced to 10%.
8.6 Parking: parking must be located within the property boundary. Parallel parking is required
for Garmisch Street. At least one signed loading zone parking space is permitted for Garmisch
Street. Additional spaces are subject to approval by the Engineering and Parking Department.
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 6 of I I
Section 9: Fire Mitigation
All codes adopted by the Aspen Fire Protection District shall be met, subject to review and
approval by the Fire Marshall.
Section 10: Parks Department
Tree removal permits are required prior to issuance of a building permit for any demolition or
significant site work. Mitigation for removals must be met by paying cash in lieu, planting on
site, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code.
Significant mitigation is required due to the large amount of trees that are on both of the
properties that appears will need to be removed. We would like to see a detailed landscape plan
that shows all trees with the DBH (diameter at breast height) that they want to remove as well as
a proposed planting plan.
A tree protection plan indicating the drip lines of each individual tree or groupings of trees
remaining on site shall be included in the building permit application for any demolition or
significant site work. The plan shall indicate the location of protective zones for approval by the
City Forester and prohibit excavation, storage of materials, storage of construction backfill,
storage of equipment, and access over or through the zone by foot or vehicle. The municipal
code requirements regarding tree protection fencing being required & the excavation, storage of
material, construction backfill, equipment, foot or vehicle traffic being prohibited is applicable.
Section 11: Aspen Consolidated Sanitation District Requirements
Service is contingent upon compliance with the District's rules, regulations, and specifications,
which are on file at the District office.
• All clear water connections are prohibited (roof, foundation, perimeter, patio drains)
including trench drains for the entrances to underground parking garages.
• On-site drainage and landscaping plans require approval by the district, must
accommodate ACSD service requirements and comply with rules, regulations and
specifications.
• On-site sanitary sewer utility plans require approval by ACSD.
• Oil and Grease interceptors are required for all new and remodeled food processing
establishments.
• Plans for interceptors, separators and containment facilities require submittal by the
applicant and approval prior to a building permit application.
• Plumbing plans for the pool and spa areas require approval of the drain size by the
district.
• Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
• When new service lines are required for existing development the old service lines (3)
must be excavated and abandoned at the main sanitary sewer line according to specific
ACSD requirements and prior to all soil stabilization activities.
Molle Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 7 of I I
• Below grade development will require installation of'a pumping system.
• Generally 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 areas covered by sewer easements or right of
ways to the lot line of each development.
• All ACSD total connection fees must be paid prior to the issuance of any permits. Peg in
our office can develop an estimate for this project once detailed plans have been made
available to the district.
• Where additional development would produce flows that would exceed the planned
reserve capacity of the existing system (collection system and or treatment system) an
additional proportionate fee will be assessed to eliminate the downstream collection
system or treatment capacity constraint. Additional proportionate fees would be collected
over time from all development in the area of concern in order to fund the improvements
needed.
• Due to the depth of the main sewer line in the alley and the need to replace this sewer line
in the future, the District would not support the applicants request for an exemption to
vacate the five foot setback requirement from the alley lot lines.
• The district will be able to respond with more specific comments and requirements once
detailed building and utility plans are available.
Section 12: Environmental Health Department
The State of Colorado mandates specific mitigation requirements with regard to asbestos.
Additionally, code requirements to be aware of when filing a building permit include: a
prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement
and pool designs. The trash enclosures for Parcel 1 have received approval by the Environmental
Health Department for an enclosure that is 9' 8.5' x 20' for the trash and recycling receptacles.
This area is within the property line and is not encroaching on the alley
The trash and recycling for Parcel 2 (the single family residences) shall be located on Parcel 2.
Section 13: Transportation Department
The applicant shall update the Transportation Impact Analysis report for approval by the
Transportation Department prior to Detailed Review. Consideration for the BRT bus stop shall
be considered in the Construction Management Plan.
Section 14: Water/Utilities Department
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. All Water
System Distribution standards in place at the time of building permit shall apply, and all tap fees
will be assess per applicable codes and standards. Utility placement and design shall meet
adopted City of Aspen standards.
Section 15: Outdoor Lighting and Signage
All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code.
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 8 of I I
Section 16: Public Amenity Spaces
The Applicant has committed to providing ground floor public amenity spaces as shown on
Exhibit B. These spaces shall be permanently accessible by the public.
Section 17: Building Department
The Applicant shall meet all applicable building codes in place at the time of building permit.
Section 18:
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 Community Development Department, the Historic Preservation
Commission, or the Aspen 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
other specific conditions or an authorized authority.
Section 19:
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 20:
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.
FINALLY, adopted, passed and approved this 2nd day of December, 2014.
Approved as to form: ved as cont
Deborah Quinn, Assistant City Attorney dlis PeniFer, Acting Chair
Attest:
Kathy Stri khmd, Deputy City Clerk
Attachments:
Exhibit A: Approved Dimensional Requirements
Exhibit B: Conceptually Approved Elevations, Site Plan, and Public Amenity Space
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 9 of I I
Exhibit A—Approved Dimensional Requirements
..............................................................................
Parcel 1 of Molly Gibson PUD (Main Street) and 125 West Main Street Lot 2:
Approved Dimensions
minimum lot size 18,000'
minimum lot width 180'
front yard (Main St.) see site plan - up to 2.5' variance
side yard (Garmisch) see site plan- up to 0' variance
side yard (west) 3.5'
rear(alley) see site plan- up to 0' variance
maximum height 32'
public amenity 1,869 or 10%
trash access area 20w x 9' 8.5" d x open to sky
minimum off-street 12 (Current deficit maintained)
parking spaces
cumulative floor area (1.5:1) 26,959 sf
lodge floor area (1.37:1)24,672 sf
affordable housing floor 644 sf
area
free market residential 1,510 sf
floor area
average lodge unit size 304 sf
number of lodge units 64
total number of 128/64
pillows/bed rooms
lodge net livable area 19,151 sf
max net livable area for 1,433
free market residential
affordable housing net 607 sf
livable area
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page 10 of I I
Parcel 2 of Molly Gibson PUD (Hopkins Ave.):
Approved Dimensions
minimum lot sire 9,002 sf
minimum lot width 90'
front yard (Hopkins 10'
Ave.)
side yard (cast) 7'
side yard ( west) 7'
rear (alley) 10'
distance between 10,
buildings
maximum height 25'
maximum % site 51.3%
coverage
allowable floor area total 8,000 sf or 4,000 sf per
single family residence
minimum off-street 4
parking spaces
Molly Gibson Lodge
101 W. Main Street
Reso No. 35, Series 2014
Page I I of I 1
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