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HomeMy WebLinkAbout305-7 S. Mill St._Wild Fig_Land Use Application_Full Application_05.01.23Page | 1. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 305-7 Mill Street LLC: Mountain View Plane Review, Historic Preservation Certificate of No Negative Effect & Building Code Exemption 305-7 S. Mill St. May 1st, 2023 Page | 2. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 May 1st, 2023 Amy Simon Planning Director City of Aspen Community Development 427 Rio Grande Place Aspen, CO 81611 Dear Amy, 305-7 Mill Street LLC is the owner of property located at 305-7 S. Mill St., and is represented by Kraemer Land Planning in this land use matter. 305-7 Mill Street LLC (hereafter “Applicants”) requests Mountain View Plane review, Historic Preservation Certificate of No Negative Effect review, and a Building Code Exemption to the roof top mechanical equipment setback requirement only on 305 S. Mill Street. The property is located within the Foreground of the Wheeler Opera House View Place pursuant to Section 26.435.050. The property is also located within the Commercial Core Historic District and is adjacent to the Pedestrian Mall , and is therefore subject to Historic Preservation Review pursuant to Section 26.415.070. In order to meet Building Code and Environmental Health requirements for a commercial kitchen, venting and make up air are required. Due to the location of the kitchen, the roof top mechanical equipment must be placed within the required setback from the north street facing façade. The Applicant requests relief from this setback requirement pursuant to Section 26.575.020.J – Exceptions for Building Code Compliance. A pre-application conference summary was provided on April 3rd, 2023 indicating the land use review processes for the roof top mechanical work. An interior remodel is also proposed that includes changes to windows and doors that require Certificate of No N egative Effect review. The full scope is depicted in the drawings provided in Exhibit H. The following land use application details the request and is broken up into Sections: I. Exhibits II. Background and Existing Conditions III. Land Use and Permit History IV. Proposal V. Land Use Compliance and Review Standards VI. Summary Page | 3. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section I: Exhibits: The following exhibits are provided for a complete application and relate to Section II through Section V. All exhibits are referenced throughout the body of this application: A. Land Use Application B. HOA Compliance Form C. Letter of Authorization D. Proof of Ownership - Ownership and Encumbrance Report E. Pre-application Conference Summary F. Vicinity Map G. Previous Land Use History 1. P&Z Resolution No. 03, Series of 2002 – GMQS Exemption (Rec. #466645) 2. P&Z Resolution No. 13, Series of 2002 – Special Review and Mountain View Plane (Rec. #466649) 3. HPC Resolution No. 27, Series of 2008 – Minor Development - Popcorn Wagon (Rec. #554946) 4. HPC Resolution No. 32, Series of 2012 – Minor Development – Above the Salt Renovation (Rec. #594792) 5. HPC Resolution No. 13, Series of 2013 – Minor Development – Above the Salt & Popcorn Wagon (Rec. #597947) 6. HPC Resolution No. 15, Series of 2013 – Minor Development – Trellis (Rec. #599328) 7. HPC Resolution No. 27, Series of 2015 – Demolition and Major Development Conceptual Approval (Rec. #624023) 8. HPC Resolution No. 27, Series of 2016 – Major Development Final Approval (Rec. #634268) 9. HPC Resolution No. 14, Series of 2017 – HPC Substantial Amendment Denial (Rec. #640804) 10. City Council Resolution No. 135, Series of 2015 – Temporary Use Approval #1 11. City Council Resolution No. 176, Series of 2016 – Temporary Use Approval #2 12. City Council Resolution No. 157, Series of 2017 – Temporary Use Approval #3 (Rec. #643544) 13. City Council Resolution No. 122, Series of 2018 – Temporary Use Approval #4 (Rec. #650172) 14. City Council Resolution No. 137, Series of 2019 – Temporary Use Approval #5 H. Proposed Plans I. Mechanical Equipment Cut Sheets J. Visual Resource Analysis Page | 4. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section II Background and Existing Conditions: The subject site is located on the corner of Mill St. and Hyman Ave. on the Pedestrian Mall. The property includes units 307 S. Mill St. (former Aspen Pie building) to the south, and 305 S Mill St. to the north (formerly the Grey Lady). The Mill St. Pedestrian Mall borders the property to the east, Wagner Park boarders the property to the south, Hyman Ave. borders the property to the north, and the multi-unit Commercial building at 315 E. Hyman borders the property to the west. The Lot is approximately 6,000 sq. ft. and is located in the Commercial Core (CC) Zone District. Property Zoning: Commercial Core (CC) within a Historic District Overlay Table 1: Zoning Requirements Minimum Gross Lot Area: No Requirement Lot Size (per assessor data): 6,000 sq. ft. Maximum Allowable Commercial Floor Area: 13,500 sq. ft. Proposed floor area: No Change Minimum Lot Width: No Requirement Front Yard Setback: No Requirement Minimum Side Yard Setback: No Requirement Rear Yard Setback: No Requirement Height limit: 28’ Figure 1: Front Façade of 305 S. Mill St. Page | 5. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section III Previous Land Use History: According to the Pitkin County Assessors page, the property was built in 1960. A number of renovations and additions have been completed since. Below is a summary of recent relevant land use records. Growth Management Quota System Exemption, Special Review, and Mountain View Plane, 2002 (Exhibits H & I) Approval was granted to allow a 150 sq. ft. expansion of the commercial space located at 307 S. Mill St. The increase in Commercial Net Leasable required additional parking mitigation for the increase in commercial net leasable, and Special Review approval was granted to allow for the increased parking requirement to be satisfied through payment of the cash-in-lieu fee. Special Review was also requested to allow for use of “required open space” as outdoor restaurant seating. This space is occupied by the trellis area and is still used as an outdoor dining space. Lastly, approval was granted to increase the height of a storage enclosure on the north façade that is dedicated for restaurant storage use. Minor Development – Popcorn Wagon, 2008 The original popcorn wagon (circa 1913) was brough to Aspen around 1969. From the time it arrived in town it moved in various locations until 1986 when it was placed at the current location across the street from the Wheeler Opera House, on the north side of 305 S. Mill St. It has been in this location ever since and contributes to the character and history of the Aspen Pedestrian Mall. In 2008, the original Popcorn Wagon was removed and replaced with a similar vintage Popcorn Wagon. The Historic Preservation Commission approved the replacement of the Popcorn Wagon in this location via HPC Resolution No. 27, Series of 2008 (Exhibit G.3). HPC Minor Development & Mountain View Plane – Above the Salt, 2012 & 2013 A minor renovation including changes to exterior finishes and fenestration was approved via HPC resolution No. 32, Series of 2012 (Exhibit G.4). A second phase of renovations was approved in 2013 (Exhibits G.5 & G.6) that included changes pavers to concrete in the outdoor seating area below the trellis, relocation of the Popcorn Wagon in a different orientation on site, relocation of storage enclosure/walk-in cooler to their current location, and the addition of the trellis that exists today. This series of approvals enabled, in large part, the design and configuration of the northern façade and portion of the lot as it exists today. Demolition, HPC Major Development, Commercial Design and Mountain View Plane Reviews, 2015 -16 An application was submitted for demolition and a major redevelopment of the commercial spaces located at 305 & 307 S. Mill St. The proposal was granted Conceptual Review approval in 2015, and Final HPC approval was granted in 2016. The Conceptual and Final Approvals enabled a major redevelopment of the property, and although “Demolition” was triggered and Page | 6. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 approved, it was a partial demolition, and not a complete demolition. This redevelopment proposal was never acted upon and approval has since expired. Substantial Amendment of an HPC Approval, 2017 In 2017 a Major Amendment application was submitted and considered by the HPC. The application suggested that as they prepared to submit a building permit to act of the 2015 -16 HPC approvals, they became concerned with the feasibility of maintaining any portion of the existing structure. The Substantial Amendment request proposed to demolish the entire structure, with the exception of the brick arch. HPC ultimately denied the application leaving the Major Development Conceptual and Final Development approvals in place. As mentioned, these approvals have expired. Temporary Use Approvals, 2014-2019 A series of Temporary Use Approvals were granted by the Aspen City Council between 2014 & 2019 to allow for the trellis structure to be enclosed with temporary materials during the winter months. Each Spring the temporary enclosure materials would be removed and the trellis would remain open to the sky. The enclosure continued to be covered after 2019 but due to 2020 Public Health Orders, outdoor dining and enclosure requirements were subject to different regulations and Temporary Use Approval was not required. Page | 7. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section IV Proposal: A remodel of 305 S. Mill is proposed. Exterior scope includes updated roof-top mechanical equipment and changes to fenestration on the South facing façade in the courtyard between 305 & 307 S. Mill St., the East façade facing the pedestrian mall, and North façade facing Hyman Ave. The property is within the Foreground of the Wheeler Opera House Mountain View Plane and is a non- historic building located within the Historic District. This application addresses the land use reviews for the updated roof top mechanical equipment and changes to fenestration. The kitchen is located in the northern portion of the building (highlighted in green in Figure 1). Building and Environmental Health codes require ventilation and make up air for the kitchen. The mechanical equipment is necessary to meet code requirements. The Roof Top Mechanical Plan is shown in Figure 3. The roof top unit (RTU) has already been reviewed and approved (0024-2022-BCOM). This application addresses the kitchen exhaust fan (KEF) and make-up air unit (MUA). All proposed mechanical equipment is setback 20’ from any street facing façade, exceeding code compliance. The two “L” shaped ducts provided ventilation and make up air to the kitchen are shown within the required street facing roof top setback. A summary of the proposed roof top mechanical equipment compliance with applicable land use code requirements is outlined below. Figure 2: Proposed Main Level Floor Plan Previously Approved Equipment Proposed Equipment (and associated ducting) Page | 8. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Mountain View Plane – Wheeler Opera House The property is located within the Foreground of the Wheeler Opera House Mountain View Plane. The application is requesting Mountain View Plane Administrative Approval pursuant to Section 26.435.050.E. All mechanical equipment and associated ducting are located behind an existing parapet wall and are not visible from the majority of the Wheeler Opera House View Plane. The parapet wall ends before reaching the western extent of the north façade (Figure 4). Moving west along the Wheeler Opera House View Plane, the mechanical equipment becomes visible within a short section in front of the Wheeler Park where the parapet wall ends. Continuing west along the extent of the view plane toward the Motherlode building, the equipment is screened by existing trees and the 315 E. Hyman building. Figure 5 shows the full extent of the Wheeler Opera House View Plane in green, the section where the equipment is visible is shown in red. Additional photos are included in Exhibit J for reference. Figure 4: View from the Wheeler Opera House Figure 5: Wheeler Viewplane visibility Page | 9. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 The Applicant hopes to arrange a site visit with City staff to determine the most appropriate method of screening the equipment. The Applicant will install height poles to show visibility. The applicant would consider extending the parapet wall to the western extent of the building, building a metal or wood fence to screen the equipment, or painting the equipment to minimize visibility, at the City’s direction. Below is a section with the View Plane and sight lines originating directly in front of the Wheeler Opera House showing the equipment is not visible from this location. The Wheeler Opera House Mountain View Plane line is shown in yellow, this line demonstrates the existing structure and proposed mechanical equipment project into the View Plane, and are therefore subject to Mountain View Plane review. The mechanical equipment air handler units are shown in green, and the associated ducting is shown in purple. The sight line from the Wheeler Opera House View Plane point of reference is shown in red. Anything below the red line is not visible when standing in front of the Wheeler Opera House and Mother Lode building, but visible when standing at Wheeler Park. Certificate of No Negative Effect This Application requests approval of a Certificate of No Negative Effect for the changes to fenestration and roof top mechanical equipment pursuant to Section 26.415.070.B.4.e: Mechanical Equipment or accessory features that have no impact on the character-defining features of the historic property, and 26.415.070.B.4.g: Alterations to non-contributing buildings within historic districts that have no adverse effect on its historic or architectural character. 305 S. Mill St. is non-historic building within the Commercial Core Historic District. The proposed mechanical equipment and ducting are not visible at any point from Mill St., and have limited visibility along Hyman Ave.. Given the minimal of visibility, the proposed equipment will not have an impact on the architectural character of the building or historic character of the pedestrian mall. All mechanical equipment is placed on the roof and collocated to the maximum extent practicable. The proposed roof top mechanical equipment qualifies for a Certificate of No Negative Effect. Page | 10. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 The changes to fenestration are predominantly like for like window and door replacements. The following items that fall outside a “like for like’ change: 1. North Elevation: Change window between structure and trellis and add metal paneling below to match proposed window and door design. This will remain a fixed window, but the paneling below is new. 2. East Façade in courtyard: remove and fill a double door in the courtyard on the east façade and match the siding material. Change window and door to match consistent with proposed fenestration design. 3. North façade in Courtyard: change fixed windows to operable panel doors. These doors do not face the street or pedestrian mall. The proposed fenestration changes are to a non -historic building within the Historic District and are consistent with the current architectural character of the structure that will improve the overall appearance of the structure. The changes beyond a like for like replacement are within a courtyard or screened by the existing trellis, and will not negatively impact the historic character of the pedestrian mall. Therefore, the proposed fenestration changes qualify for a Certificate of No Negative Effect. Exception for Building Code Compliance – Mechanical Equipment Setback All proposed equipment complies with maximum height for mechanical equipment on a roof. All dimensions are shown in Exhibit I – Mechanical Equipment Cut Sheets, and summarized in Table 1. Table 1: Mechanical Equipment Height Summary (height shown inclusive of pad) Maximum Height Allowed (Section 26.575.020.F.4.e) 72” RTU (Roof Top HVAC Unit) (previously approved) 61 5/16” MUA (Make Up Air Unit) 70 ¾” KEF (Kitchen Exhaust Fan) 53 ¾” Max Height of Ducting 41” The RTU, MUA, and KEF are setback at least 20’ from each street facing façade, exceeding compliance with the 15’ minimum setback requirement. The MUA and KEF ducting encroach into the roof top setback but are required to be placed within a kitchen exhaust hood directly above the cooking surfaces in the kitchen below. We explored with the Mechanical Engineer routing the ducting on the interior of the structure, and it is not possible. Routing the ducting through the roof structure would require re-framing the entire roof. The existing plate height is already less than 8’ and routing ducting below the ceiling structure would not leave adequate ceiling heights. The ducting is 41” tall where is connects to the MUA and KEF, and slopes downward at a rate of ¼” per linear foot as it moves north (toward parapet). The ducting is hidden from view by the parapet wall, except as described in the View Plane Section. The applicant is willing to Page | 11. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 screen all rooftop mechanical equipment and ducting based on direction on preferred screening by City Staff (extending parapet, fencing, painting, etc.). In order to comply with the rooftop setback requirement, it would require a full reconfiguration of the interior space, relocating the existing kitchen further to the south. A reduction in the mechanical equipment setback for the duct work is reasonable and meets the requirements of Section 26.575.020.J, based on the following: 1. The equipment is required by building codes, 2. The equipment has limited visibility, 3. The encroachment is minimized as much as possible and all other equipment exceeds minimum setbacks, and 4. The logistics of relocating a commercial kitchen and reconfiguring the entire restaurant space is unnecessarily burdensome, would result in increased construction activity and waste, and would result in less than desirable use and configuration of the space. Full responses to specific code sections are included in Section V, below. Page | 12. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Section V Land Use Code Review Standards: Land Use Code Section 26.435.050.E – Mountain View Plane Administrative Review: E. Administrative Review. An addition to a structure or an attached building feature that does not meet the criteria in Subsections (1) and (2) above may be approved by the Community Development Director through Administrative Review if: 1) The Infringement is erected only to the minimum height needed to accomplish the purpose for which it serves and the height and setbacks comply with the standards of Section 26.575.020, the dimensional requirements of Chapter 26.710, and the Design Guidelines and Standards in Chapter 26.412, Commercial Design Review or 26.415, Historic Preservation, as applicable; or 2) The Infringement cannot be seen with the naked eye from the reference point as demonstrated by a visual resource analysis. Applicant Response: The mechanical equipment is located behind an existing parapet wall that substantially shields the proposed equipment. A section and photos have been provided as part of the Visual Resource Analysis (Exhibit J). Screening will be provided minimizing or eliminating visibility of the equipment. The equipment is collocated and setback substantially from the street facing façade to minimize impacts from the street and View Plane. The proposed configuration is an improvement over existing conditions and with adequate screening, this standard will be met. Land Use Code Section 26.415.070 - Development Involving Designated Historic Property or Property Within a Historic District B. Certificate of no negative effect. 1. An application for a certificate of no negative effect may be made to the Community Development Director for approval of work that has no adverse effect on the physical appearance or character-defining features of a designated property. An application for a c ertificate of no effect may be approved by the Community Development Director with no further review if it meets the requirements set forth in the following Subsection 26.415.070(b)(2): Applicant Response: The proposed mechanical equipment has limited visibility along Hyman Ave. and is not visible from the Mill St. and Hyman Ave. Pedestrian Mall. The mechanical equipment has no impact on the character or defining features of the property, and does not negatively impact the historic character of the Historic District. The changes to fenestration have minimal impacts to existing openings. These changes will not change the Page | 13. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 architectural character of the building or have a negative impact on the Historic District. This standard has been met. 2. The Community Development Director shall issue a development order based upon a certificate of no negative effect within fourteen (14) days after receipt of a complete application if: 1. It is determined that the activity is an eligible work item and meets the City Historic Preservation Design Guidelines; and Applicant Response: The proposed mechanical equipment complies with the Historic Preservation Guidelines because visibility is minimized and screening will be included to hide equipment, the equipment is located on the roof and collocated consistent with the Mechanical requirements of Section 12.4 of the Design Guidelines. The proposed changes to fenestration meet the Historic Preservation Guidelines because the materials used will be consistent with existing materials and will not alter the architectural character of the structure. b. Any modifications to the proposed work requested by the Community Development Director are agreed to by the owner/applicant; and Applicant Response: The Applicant will work with the Community Development Director as needed on conditions, as appropriate. c. The proposed work will not diminish, eliminate or adversely affect the significant historic and/or architectural character of the subject property or Historic District in which it is located. Applicant Response: The proposed mechanical equipment is not visible from the street or pedestrian mall, and therefore does not negatively impact the architectural character of the structure or Historic District. Similarly, the proposed fenestration changes to not significantly alter the architectural character of the structure, and do not detract from the Historic Character of the District; this standard has been met. 3. An application for a certificate of no negative effect shall include the following: 1. The general application information required in Section 26.304.030. Applicant Response: All required documentation has been provided; this standard is met. b. Elevations or drawings of the proposed work. Applicant Response: Drawings, sections, and photos have been provided to demonstrate the proposed conditions. The Applicant is happy to provide additional information or meet on-site, as needed. This standard has been met. c. Photographs, building material samples and other exhibits, as needed, to accurately depict location, extent and design of proposed work. Page | 14. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 Applicant Response: Drawings and images of existing and proposed conditions have been provided. If additional materials are needed, or a site visit would be beneficial, the Applicant is happy to provide whatever is helpful to process this request. This standard has been met. d. Verification that the proposal complies with Chapter 26.410, Residential design standards. Applicant Response: The property is a commercial use and is exempt from the Residential Design Standards; this standard is not applicable. 4. The following work shall be considered for a Certificate of No Negative Effect: 1. Replacement or repair of architectural features which creates no change to the exterior physical appearance of the building or structure. Applicant Response: The exterior changes include replacement of roof top mechanical equipment that is not visible from the pedestrian mall and has minimal visibility from Hyman Ave. The fenestration changes and mechanical work do not change the physical appearance or architectural character of the structure; this standard is met. b. Replacement or repair of architectural features that restores the building or structure to its historic appearance. Applicant Response: This is a non-historic building in a historic district; this standard is not applicable. c. Installation of awnings or similar attachments provided no significant feature is damaged, removed or obscured by the installation. Applicant Response: No awnings or similar features are proposed. This standard is not applicable. d. Fencing that has no adverse effect on the historic or architectural character of the property. Applicant Response: No fencing is proposed. This standard is not applicable. e. Mechanical equipment or accessory features that have no impact on the character-defining features of the building or structure. Applicant Response: The proposed mechanical equipment is not visible from the Pedestrian Mall and will be screened where visible on Hyman Ave.; this standard is met. f. Signs which have no effect on the character-defining features of the historic property. Applicant Response: No signs are included in the proposal. This standard is not applicable. Page | 15. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 g. Alterations to noncontributing buildings within historic districts that have no adverse effect on its historic or architectural character. Applicant Response: The proposed changes to mechanical equipment and fenestration do not negatively impact the architectural character of the structure. Much of the fenestration work has limited visibility from the street or pedestrian mall since they are within a courtyard or hidden by the existing trellis. This standard is met. h. Alterations to no more than two (2) elements of nonprimary façades of a designated building. Applicant Response: This is a non-historic building in the Historic District; this standard is not applicable. i. Installation of site improvements, such as walkways, patios, pools or hot tubs, or similar significant features. Applicant Response: No site work is proposed; this standard is not applicable. 5. The development order and associated certificate of no negative effect shall expire and become null and void after three (3) years from the date of issuance by the Community Development Director unless a building permit is issued within that time. Applicant Response: The Applicant understands the timing of the development order and will submit a permit promptly. 6. In the event that the Community Development Director determines that the issuance of a certificate of no negative effect is not appropriate, the owner may apply for a certificate of appropriateness from the HPC. Applicant Response: The Applicant believes all requirements are met to qualify for a Certificate of No Negative Effect, if additional information is needed to verify compliance, we are happy to provide documentation, as needed. Land Use Code Section 26.575.020.J – Calculations and Measurements: Exceptions for Building Code Compliance J. Exceptions for Building Code Compliance. The Community Development Director may approve exceptions to the dimensional restrictions of this Section to accommodate improveme nts required to achieve compliance with building, fire, energy, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first evaluate that Page | 16. Kraemer Land Planning 200 Basalt Center Circle Ste 1 Basalt, Colorado 81621 the visual impact of the exemption is mi nimal and that no other reasonable way to implement code compliance exists that is more effective and less impactful. Exception for Building Code Compliance may be approved during building permit review or land use review. Applicant Response: The proposed mechanical equipment meets the requirements of this section due to: (1) the equipment is required by building codes, (2) the equipment is not visible, (3) the encroachment is minimal and the equipment is fully compliant with the exception of ducting, and (4) the logistics of relocating a commercial kitchen and reconfiguring the entire restaurant space is not a practical solution given the scope of the project, a reduction in the mechanical equipment setback for the duct work is reasonable and meets the requirements of this standard. Summary: Thank you for considering this Mountain View Plane, Building Code Exemption to a dimensional requirement for Calculations and Measurements, and Certificate of No Negative Effect application for 305 South Mill. With conditions of approval relating to the preferred screening, this request meets and exceeds all the applicable Land Use Code requirements. The Applicant has provided all the requested information set forth on the pre-application summary from City of Aspen Community Development Staff. If additional information is needed, the Applicant is more than willing to assist in providing all necessary information for a complete review. Thank you, Mike Kraemer Kraemer Land Planning City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 2 - Historic Preservation Land Use Application PROJECT: APPLICANT: Name: Address: Phone #: Fax#: E-mail: REPRESENTATIVE: Name: Address: Phone #: Fax#: E-mail: TYPE OF APPLICATION: (please check all that apply): EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Name: Location: (Indicate street address, lot & block number or metes and bounds description of property) Parcel ID # (REQUIRED)  Historic Designation  Certificate of No Negative Effect Certificate of Appropriateness  Minor Historic Development  Major Historic Development Conceptual Historic Development Final Historic Development  Relocation (temporary, on or off-site)  Demolition (total demolition)  Substantial Amendment  Historic Landmark Lot Split 305-7 S. Mill - Wild Fig 305-7 S. Mill St., Aspen, CO 81611 2737-182-20-003 305-7 Mill St. LLC 625 E Main St. Unit 102B #401 Mike Kraemer, Kraemer Land Planning P.O. Box 3275, Basalt, CO 81621 970-309-2036 mike@kraemerlandplanning.com Existing commercial spaces that formerly contained resturant uses. Interior remodel with changes to fenestration and new mechanical equipment. City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 City Use: Fees Due: $ Received $ Agreement to Pay Application Fees An agreement between the City of Aspen (“City”) and Property Phone No.: Owner (“I”): Email: Address of Billing Property: Address: (Subject of (send bills here) application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that 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. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property Owner: Phillip Supino, AICP Community Development Director Name: Title: mike@kraemerlandplanning.com 970-309-2036 305 S. Mill St. Mike Kraemer, Kraemer Land Planning On behalf of: 305-7 Mill Street, LLC P.O. Box 3275Basalt, CO 81621 1,300 4 650 Env. Health Review Principal Mike Kraemer, Kraemer Land Planning On behalf of: 305-7 Mill Street, LLC City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 General Information Please check the appropriate boxes below and submit this page along with your application. This information will help us review your plans and, if necessary, coordinate with other agencies that may be involved. YES NO   Does the work you are planning include exterior work; including additions, demolitions, new construction, remodeling, rehabilitation or restoration?   Does the work you are planning include interior work, including remodeling, rehabilitation, or restoration?   Do you plan other future changes or improvements that could be reviewed at this time?   In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect and a building permit, are you seeking to meet the Secretary of the Interior’s Standards for Rehabilitation or restoration of a National Register of Historic Places Property in order to qualify for state or federal tax credits?   If yes, are you seeking federal rehabilitation investment tax credits in Conjunction with this project? (Only income producing properties listed on the National Register are eligible. Owner-occupied residential properties are not.)   If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation? Please check all City of Aspen Historic Preservation Benefits which you plan to use:  Rehabilitation Loan Fund  Dimensional Variances  Tax Credits  Increased Density  Conservation Easement Program  Waiver of Park Dedication Fees  Conditional Uses  Historic Landmark Lot Split X X X X X X City of Aspen Community Development Department Aspen Historic Preservation Land Use Packet City of Aspen | 130 S. Galena Street. | (970) 920 5090 Historic Land Use Application Requirements, Updated: March, 2020 ATTACHMENT 3 - Dimensional Requirements Form (Item #10 on the submittal requirements key. Not necessary for all projects.) Project: Applicant: Project Location: Zone District: Lot Size: 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: _______________________________ Proposed % of demolition: ____________________________________% DIMENSIONS: (write N/A where no requirement exists in the zone district) Floor Area: Height Existing: Allowable: Proposed: Principal Bldg.: Existing: Allowable: Proposed: Accessory Bldg.: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined Front/Rear: Indicate N, S, E, W Existing: Required: Proposed: _______________ Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance between buildings Existing: Required: Proposed: Existing non-conformities or encroachments and note if encroachment licenses have been issued: Variations requested (identify the exact variances needed): 305-7 S. Mill St. Remodel 305-7 Mill St. LLC 305-7 S. Mill St., Aspen, CO 81611 Commercial Core (CC) 6,000 Square Feet 6,000 Square Feet 1,639 1,639 No change No change N/A No change No change No change No change N/A April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying that the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowner association or other form of private c ovenant. □This property is subject to a homeowner association or private covenant, and the improvementsproposed in this land use application do not require approval by the homeowners association orcovenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners a ssociation orcovenant beneficiary. I understand this policy and 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: Owner printed name: or, Attorney signature: Date: Attorney printed name: 305-7 Mill Street, LLC lmanning@mdevco.com 724.422.1303 Mark Hunt 4/25/2023 Page | 1. Kraemer Land Planning 200 Basalt Center Circle Ste 201 Basalt, Colorado 81621 April 24th, 2023 Amy Simon Planning Manager City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 Dear Amy: 305-7 Mill Street LLC is the owner of record for real property located at 305-307 S. Mill Street, City and Townsite of Aspen, Block: 82, Lot H&I (Parcel Identification No. 2737-182-20-003). Mike Kraemer of Kraemer Land Planning is authorized to represent 305-7 Mill Street LLC’s property interests in this land use matter requesting Historic Preservation Certificate of No Negative Effect, Mountain View Plane, and a Building Code Exemption. They are specifically authorized to meet with City officials, represent 305-7 Mill Street LLCs interests in any and all meeting and hearings, and execute the City of Aspen Land Use Agreement to Pay Form. Authority to submit a land use application by landlord does not constitute approval of final set of plans per the lease agreement. Thank you, ______________________________ Mark Hunt 305-7 Mill Street LLC 625 E. Main St. Unit 102B #401 56196597.1 730 East Durant Avenue, Suite 200, Aspen, CO 81611 Telephone: 970.925.6300 shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com April 9, 2023 City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 Re: 305-7 Mill Street LLC, a Delaware limited liability company; 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 305-7 Mill Street LLC, a Delaware limited liability company, is the owner of certain improved real property located at 305-7 Mill Street, Aspen, Colorado 81611, and legally described as follows (the "Subject Property"): Lots H and I, Block 82, City and Townsite of Aspen, County of Pitkin, State of Colorado. The entity 305-7 Mill Street LLC owns the Subject Property, subject only to the following matters of record: 1. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page 39 and in Book 59 at Page 350. 2. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Commercial Condominium recorded November 6, 1974 in Book 293 at Page 61. 3. Easements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6, 1974 in Plat Book 4 at Page 499. 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen Planning and Zoning Commission recorded April 25, 2002 as Reception No. 466645 as Resolution No. 03 (Series of 2002). Exhibit D 2 56196597.1 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission (HPC) recorded December 11, 2008 as Reception No. 554946 as Resolution No. 27 (Series of 2008). 6. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution #32, Series of 2012 recorded December 13, 2012 at Reception No. 594792. 7. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution #13, Series of 2013 recorded April 25, 2013 at Reception No. 598947. 8. Terms, conditions, provisions, obligations and agreements as set forth in the Resolution #15, Series of 2013 recorded May 8, 2013 at Reception No. 599328. 9. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #27 (Series of 2015) of the City of Aspen Historic Preservation Commission recorded October 9, 2015 as Reception No. 624023. 10. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #27 (Series of 2016) of the City of Aspen Historic Preservation Commission recorded December 1, 2016 as Reception No. 634268. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution #15, Series of 2017 recorded August 21, 2017 at Reception No. 640804 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution No. 157, Series of 2017 recorded December 5, 2017 at Reception No. 643544 13. Terms, conditions, provisions, obligations and all matters as set forth in and Resolution No. 122, Series of 2018 recorded September 7, 2018 at Reception No. 650172. 14. Terms, conditions, provisions, obligations and agreements as set forth in the Revocation and Termination of Condominium Declaration and Condominium Map for Aspen Commercial Condominium recorded October 29, 2019 at Reception No. 660019. 15. Deed of Trust, Assignments of Leases and Rents, Security Agreement and Fixture Filing dated as of May 19, 2022between 201 East Main Street, LLC, 204 South Galena Street, LLC, 232 East Main Street LLC, 305-7 Mill Street LLC, 312 East Hyman Avenue, LLC, 315 East Hyman Avenue Holdings, LLC, 419 East Hyman Avenue, LLC, 414-422 East Cooper Avenue, LLC and 434 East Cooper Avenue, LLC as grantors and Deutsche Bank AG, New York Branch, agent for lenders, as beneficiary, recorded May 25, 2022 as Reception No. 687787. 3 56196597.1 16. Assignment of Leases and Rents dated as of May 19, 2022between 201 East Main Street, LLC, 204 South Galena Street, LLC, 232 East Main Street LLC, 305-7 Mill Street LLC, 312 East Hyman Avenue, LLC, 315 East Hyman Avenue Holdings, LLC, 419 East Hyman Avenue, LLC, 414-422 East Cooper Avenue, LLC and 434 East Cooper Avenue, LLC as borrowers and Deutsche Bank AG, New York Branch, agent for lenders, as assignee, recorded May 25, 2022 as Reception No. 687788. This letter shall further confirm that as the owner of the Subject Property, 305-7 Mill Street LLC has the right and authority to file and pursue land use applications, building permit applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property. Sincerely, Curtis B. Sanders PRE-APPLICATION CONFERENCE SUMMARY PRE-23-047 DATE: April 3, 2023 PLANNER: Bob Narracci bob.narracci@aspen.gov (970) 429-2754 PROJECT NAME AND ADDRESS: PARCEL ID: 273718220003 OWNER: 305-7 MILL STREET LLC REPRESENTATIVE: Craig Cordts-Pearce craig@cprestaurants.com DESCRIPTION: The subject property is located in the Commercial-Core (CC) Zone District and the Commercial Core Historic District. The subject property was improved with a commercial structure constructed in 1960, per the Pitkin County Assessor’s Records. The Applicant is interested in seeking relief from the land use code requirement that all rooftop mounted mechanical equipment be situated a minimum of 20 feet from the street facing facades of the building. The subject property is presently being remodeled, and based on the current land use code language, the Applicant is not able to replace rooftop mounted mechanical equipment in the same location that the old equipment was previously. The Applicant has indicated that due to the layout of the commercial kitchen, the replacement kitchen exhaust system must penetrate the rooftop and connect to the rooftop mounted equipment in the same location where th e rooftop equipment has been located historically, which does not satisfy the land use code requirement for a 20-foot setback from the street facing façade of the building adjacent to the E. Hyman Avenue right-of-way. Most important to this Pre-Application is that the subject property is encumbered by the Wheeler Mountain Viewplane. The subject property is located within the foreground of the viewplane. It is proposed to allow the proposed commercial kitchen exhaust system to penetrate the roof in a location closer than 20 feet from the street facing façade adjacent to E. Hyman Avenue, and then run the ducting parallel with the roof , with a slight decline to the mechanical equipment. This duct work will be approximately 41 inches in height above the roof and would be behind a 48-inch-tall parapet wall. The proposed mechanical equipment will be reviewed pursuant to View Plane Administrative Review, per 26.435.050.(e).1 and 2. The administrative review will determine if the equipment is the minimum height necessary, meets the height and setback requirements in 26.575.020.(f) and Historic Preservation Guidelines in 26.415., or that the equipment is not visible from the viewplane point of origin. Additionally Exhibit E important are sections 26.575.020.J and K that provide criteria for exceptions for energy efficiency and building code compliance. It is essential that the project work closely with the City of Aspen Chief Building Official and Environmental Health in establishing a design that satisfies the needs of the restaurant, while meeting the above criteria. If the mechanical equipment is not found to meet the standards outlined in 26.435.050.E.1, then the applicant may apply for a Historic Preservation Commission Review, which will likely trigger a Referendum 1 vote. RELEVANT LAND USE CODE SECTIONS: 26.304 Common Development Review Procedures 26.435.050 Mountain View Plane Review 26.575.020 Measurements and Calculations 26.415 Historic Preservation – Design Guidelines and Certificate of No Negative Effect Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Code: Land Use Application Land Use Code REVIEW BY: Staff for application completeness Community Development Director, for Admin istrative Review PUBLIC HEARING: N/A PLANNING FEES: $1,300 Deposit for 4 hours of staff time (Additional planning hours are billed at a rate of $325/hour) REFERRAL FEES: $650 flat fee for Environmental Health Department Review TOTAL DEPOSIT: $1,950.00 APPLICATION CHECKLIST: Please submit the completed application in a PDF Format directly to bob.narracci@aspen.gov. The application should include the following items:  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.  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)  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. This requirement is particularly important for this project. Please include details about the systems that require exterior equipment – including dimensions of exterior equipment and details of attachment as they relate to the cricket and roofline. Primary to the review will be a depiction of the infringement being as minimal as possible – and reduced from the existing infringement. It must be demonstrated that the rooftop equipment cannot be seen with the naked eye from the reference point or does not materially alter the observer’s ability to see the preserved view from the ref erence point. Also, provide information explaining why the requested variance is necessary to accommodate improvements required to achieve compliance with building, fire, energy, or accessibility codes in or on existing buildings when no other practical solution exists. The Community Development Director must first evaluate that the visual impact of the exemption is minimal and that no other reasonable way to implement code compliance exists that is more effective and less impactful. Once the application has been deemed complete, you will be notified and requested to submit the application deposit. If any additional information is required, you will be informed accordingly. 415 318 320 315 314 314 314 328 314 308 415 415 409 415 411 415 401 407 413 415 415 415 315 315 315 315 315 315 305 315 315 307 315 315 307 315 315 315 307 315 315 400 400 414 400 400 400 400 213 400 410 400 400 230 400 400 400 400 400 400 273718220003 273718217801 273718216005 273718216001 273718216004 273718216002 273718216003 273718216801 273718216006 273707343801 273707339008 273707339014 273707338851 Wheeler Park E H y m a n A v e We s t Wh e eler-D uran t M ine S Mil l St Wh e el e r - D ur a n t M al l Wheeler-Durant M all Wheeler-Durant Mall Mall & Mill Hyman Ave + Mill St Date: 4/10/2023 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2023 City of Aspen GIS 0 0.01 0.010 mi When printed at 8.5"x11" 4 Legend Historic Sites Historic Districts Driveways Edge of Pavement Aspen City Limits UGB Water Line Zoomed In Water Poly Address Parcels Structures Scale: 1:564 City of Aspen GIS Esri Community Maps Contributors, City of Aspen GIS, Pitkin County, © Exhibit F Exhibit G.1 Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, an exemption from the Growth Management Quota System for a 150 square foot expansion of the commercial restaurant use at 307 S. Mill Street is hereby approved with the following conditions: 1. Any change of use of the additional 150 net leasable square feet is subject to an amendment to the GMQS Exemption granted herein and review by the Growth Management Commission. 1: The Applicant shall complete (prior to any of the remodel work, including removal of drywall, carpet, tile, etc.,) the Building Department's asbestos checklist, and if necessary, a person licensed by the state to do asbestos inspections must conduct an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. 2. The Applicant shall provide a completed fugitive dust control plan to the Environmental Health Department prior to issuance of a demolition or building permit. Section 2: This Resolution shall not effect 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 3: 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 Growth Management Commission at its regular meeting on April 2, 2002 APPROVED AS TO FORM: City Attomey ATTEST: �Deputy J kie Lothian City Clerk GROWTH MANAGEMENT COMMISSION: v � Jasmine Tygre, Chair Aspen Planning and Zoning Commission I 1 466645 IIIIII IIIII IIIIIIIIiI IIIIIIIIi�II IIIII III�IIII IIII IIII 00Page: 2 of 2 4//25/20 00 2 is; Exhibit G.2 ? WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission fords that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, I3E IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Wheeler Opera House View Plane Review application to allow for the existing storage building to be increased to a height of 9'9" is approved. Section 2: That the Special Review application to allow for the Applicant to pay cash -in -lieu for the additional parking spaces required by the proposed 150 square foot addition is approved pursuant to Land Use Code Section 26.515.040 with the following condition: L The Applicant shall pay a cash -in -lieu fee of $4500 to mitigate for .3 parking spaces. Section 3: That the Special Review application to allow for Commercial Restaurant Use of the required open space in the courtyard that abuts the Mill Street Mall is approved pursuant to Land Use Code Section 26.575.030(A)(10) with the following conditions: 1. The existing sewer line serving the space shall be investigated further to determine if it is suitable for an additional restaurant use. The sewer line shall be brought into conformance with the Sanitation District's Standards if required. The City of Aspen Parks Department, City Engineer, and Aspen' Consolidated Sanitation District shall be consulted prior to doing any work on the sewer line within the public right-of-way. 2. The Applicant shall connect the roof drains to a drywell. 3. The Applicant shall provide two bathrooms on -site or receive a variance from the State of Colorado Health Department. 4. The Applicant shall provide an oil and grease interceptor that meets the Environmental Health Department and the Aspen Sanitation District's requirements. 5. The Applicant shall provide a bear -proof trash container on -site. 111EI 1E1111111II11111111111111111I 11111111100 466649 5/ 0 2 02:18F + 6. The bar shall be fully handicap accessible. The Applicant shall obtain HPC approval prior to making any exterior alterations to the structure. 8. The Applicant shall obtain a Colorado Food Establishment License prior to opening as a Restaurant. 9. The Applicant shall obtain a liquor license prior to serving alcohol. 10. All uses and construction shall comply with the City of Aspen Water System Standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. Section 4- 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 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 5: This Resolution shall not effect 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 6: 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 Commission at its regular meeting on April 2, 2002. APPROVED AS TO FORM: Ci Attorney ) ATTEST: kie Lothian, Jeputy City Clerk PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair 466649 IIIIII IIIII IIIIII IIII IIIIIII IIII9 IIIII III IIIII IIII IIII Page: 0 000 45/ 0 /202: 18F 0 RECEPTION#: 554946, 12111!2008 at 10:29:02 AM, OF 2, R $11.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING AN APPLICATION FOR MINOR DEVELOPMENT FOR THE POPCORN WAGON ON PROPERTY LOCATED AT 305 SOUTH MILL STREET, UNIT A OF THE ASPEN COMMERCIAL CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION N0.27 SERIES OF 2008 PARCEL ID: 2737-182-17-003. WHEREAS, the applicants, Dena Mazino and Marcus Wade have requested Minor Development approval for the property located at 305 South Mill Street, Unit A of the Aspen Commercial Condomimiums, City and Townsite of Aspen, Colorado. 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, the procedure for a Minor Development Review is as follows. Staff reviews the submittal materials and prepazes a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC reviews the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. 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, Saza Adams, in her staff report dated October 22nd, 2008, performed an analysis of the application based on the standards, found the review standazds and the "City of Aspen Historic Preservation Design Guidelines have been met; and WHEREAS, at a special public heazing on August 11, 2008, continued to October 22, 2008, the Historic Preservation Commission considered the application, found the application for Minor Development met the "City of Aspen Historic Preservation Design Guidelines" and approved the application by a vote of 5 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends approval of the application for Minor Development for the property located at 305 South Mill Street, Unit A of the Aspen Commercial Condominiums, City and Townsite of Aspen, Colorado with the following conditions: 1. The exterior finishes of the wagon will be reviewed and approved by Staff and Monitor prior to application. Exhibit G.3 2. The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) yeazs from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) yeazs, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 305 South Mill Street, Unit A, the Popcorn Wagon. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals aze not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at it~ular meetin the d ay of Octo r 2008. Michael Hoffman, Chair Approved as to content: A T ST: Kathy S •ickland, Chief Deputy C erk App ved as to Form: __~ m True, Special-CalCounsel RECEPTION#: 594792, 12/ 13/2012 at 09: 40: 54 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING MINOR DEVELOPMENT FOR 305 S.MILL STREET,ASPEN COMMERCIAL CONDOMINIUMS UNIT B, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #32, SERIES OF 2012 PARCEL ID: 2737-182-17-004 WHEREAS, the applicant, Craig Cordts-Pearce, represented by Amos Underwood of pbr workshop, has requested Minor Development approval for 305 S. Mill Street, Aspen Commercial Condominiums Unit B, Block 19, City and Townsite of Aspen. The property is in the Commercial Core 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 Minor 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 26.415.070.0 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 dated November 28, 2012, performed an analysis of the application based on the standards, found that the review standards, the "City of Aspen Historic Preservation Design Guidelines" and guidelines for the Commercial Core Historic District were met; and WHEREAS, during a duly noticed public hearing on November 28, 2012, the Historic Preservation Commission considered the application, found the application was consistent with the applicable review standards and approved the application by a vote of 5 to 0. NOW, THEREFORE,BE IT RESOLVED: That HPC hereby approves Minor Development for the property located at 305 S. Mill Street, Aspen Commercial Condominiums Unit B, Block 19 City and Townsite of Aspen, Colorado, as proposed. HPC Resolution No.32, Series of 2012 305 S. Mill Street Page 1 of 2 Exhibit G.4 APPROVED BY THE COMMISSION at its regular meeting on the 28th day of November, 2012. Ann Mullins, Chair Approved as to Form: 1 Debbie Quinn, Assistant City Attorney ATTEST: r Kathy Strierdand, Chief Deputy Clerk HPC Resolution No.32, Series of 2012 305 S. Mill Street Page 2 of 2 RECEPTION#: 598947, 04/25/2013 at 09:12:04 AM, 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION(HPC)APPROVING MINOR DEVELOPMENT AND VIEW PLANE REVIEW FOR 305 S. MILL STREET,ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMONAREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #13, SERIES OF 2013 PARCEL ID: 2737-182-17-004 WHEREAS, the applicant, Craig Cordts-Pearce, has requested Minor Development and ViewPlaneapprovalfor305S. Mill Street, Aspen Commercial Condominiums Unit A and CommonArea, Block 19, City and Townsite of Aspen. The property is in the Commercial Core HistoricDistrict; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structureshallbeerected, constructed, enlarged, altered, repaired, relocated or improved involving adesignatedhistoricpropertyordistrictuntilplansorsufficientinformationhavebeensubmittedtotheCommunityDevelopmentDirectorandapprovedinaccordancewiththeproceduresestablishedfortheirreview;" and WHEREAS, for Minor 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 26.415.070.0 of theMunicipalCodeandotherapplicableCodeSections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary tomakeadecisiontoapproveordeny; and WHEREAS, HPC may confirm that a project complies with Mountain View Plane requirementsbasedonthereviewstandardsofSection26.435. 050; and WHEREAS, Amy Guthrie, in her staff report dated April 17, 2013, performed an analysis of theapplicationbasedonthestandards, found that the review standards, the "City of Aspen HistoricPreservationDesignGuidelines" and guidelines for the Commercial Core Historic District wouldbemetwithconditions; and WHEREAS, during a duly noticed public hearing on April 17, 2013, the Historic PreservationCommissionconsideredtheapplication, found the application was consistent with the applicable review standards and approved the application, with conditions, by a vote of 5 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and View Plane review for the property locatedat305S. Mill Street, Aspen Commercial Condominiums Unit A and Common Area, Block 19CityandTownsiteofAspen, Colorado, with the following conditions: HPC Resolution No.13, Series of 2013 305 S. Mill Street Page 1 of 3 Exhibit G.5 I. The trellis represented in the application is not approved, but continued for restudy, which may then be approved by the HPC through separate resolution. All other aspects of the proposed plans are approved herein. 2. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 305 S. Mill Street, Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen County of Pitkin, State of Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. HPC Resolution No.13, Series of 2013 305 S. Mill Street Page 2 of 3 APPROVED BY THE COMMISSION at its regular meeting on the 17th day of April, 2013. Jamie M 'cDe-ttd_Vichair Approved as to Form: t Debbie Quinn, Assistant City Attorney ATTEST: 4 d Kathy Strickland, Chief Deputy Clerk HPC Resolution No.13, Series of 2013 305 S. Mill Street Page 3 of 3 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) APPROVING MINOR DEVELOPMENT AND VIEW PLANE REVIEW FOR 305 S. MILL STREET,ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #15, SERIES OF 2013 PARCEL ID: 2737-182-17-004 WHEREAS, the applicant, Craig Cordts-Pearce, has requested Minor Development and View Plane approval for 305 S. Mill Street, Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen. The property is in the Commercial Core 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 Minor 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 26.415.070.0 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, HPC may confirm that a project complies with Mountain View Plane requirements based on the review standards of Section 26.435.050; and WHEREAS, Amy Guthrie, in her staff report dated April 17, 2013, performed an analysis of the application based on the standards, found that the review standards, the "City of Aspen Historic Preservation Design Guidelines" and guidelines for the Commercial Core Historic District would be met with conditions; and WHEREAS, during a duly noticed public hearing on April 17, 2013, the Historic Preservation Commission considered the application, and continued the discussion of only the trellis component of the project to April 24th for revisions. On April 24th, HPC found the trellis was consistent with the applicable review standards and approved the trellis with conditions, by a vote of 3 to 0. HPC Resolution No.15, Series of 2013 RECEPTION#: 599328, 05/08/2013 at 305 S. Mill Street 11:21:21 AM, Page 1 of 3 1 OF 3, R $21.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO Exhibit G.6 NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and View Plane review for the property located at 305 S. Mill Street, Aspen Commercial Condominiums Unit A and Common Area, Block 19 City and Townsite of Aspen, Colorado, with the following conditions: 1. The trellis represented in the April 24` h revision is approved as drawn, including a proposed retractable awning. 2. The final height of the trellis will be reviewed in the field, prior to construction, to be approved by staff and monitor. 3. The material for the trellis will be 70" wood posts as presented at the meeting. The approved post is an unstained white oak. 4. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 305 S. Mill Street, Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen County of Pitkin, State of Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section HPC Resolution No.15, Series of 2013 305 S. Mill Street Page 2 of 3 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting the 24th day of April, 2013. Jamie rews er MacLeod,Vice- it Approved as to Form: Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk HPC Resolution No.15, Series of 2013 305 S. Mill Street Page 3 of 3 Exhibit G.7 demolition, conceptual approvals and view plane exemption, with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Demolition, Conceptual Major Development approval, Conceptual Commercial Design approval and Viewplane Exemption, The applicant must submit a more detailed Transportation Impact Analysis for Final review. Section 2: Viewplane Exemption Viewplane Exemption is granted pursuant to Land Use Code Section 26.435.050.C.1, finding that the impact of the new development on the Wheeler View Plane is minimal and that it is unlikely that the redevelopment will occur to re -open the viewplane. Any such development would require review and approval by the Historic Preservation Commission. All future rooftop mechanical equipment, including vents and ducts, shall not exceed a height of 13'5", which is the maximum height of existing development on the site, and must be setback 15' from the street facing facades of the building. A roof plan is required at Final review. Section 3: 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 Major Development Review, Final Commercial Design Review and Growth Management Review. 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. Section 4: Parking Cash in lieu is required for parking mitigation as calculated in accordance with the Land Use Code. Section 5: Public Amenity The existing public amenity on the site has been represented as 1,330.5 square feet. The applicant must maintain an equivalent amount of on -site amenity and/or cash -in -lieu payment. The applicant proposes 834.5 square feet on site and 496 square feet to be mitigated by cash -in -lieu. The final calculation of existing and proposed public amenity shall be confirmed by the Zoning Officer at the time of building permit review, in accordance with the Land Use Code. Historic Preservation Commission Resolution #27, Series 2015 Page 2 of 3 Section 6: Utility, Delivery and Trash Service The project is required to provide a dedicated utility, delivery and trash service area measuring 201 x 15'd x 10'h, according to Municipal Code Section 12.10.030(A).b. The proposal is a space which is 151 x 30'd x 10'h, which the Environmental Health Department preliminarily finds satisfies code requirements in that the overall area devoted to this function exceeds the minimum by 150 square feet. Section 7• 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 and the Historic Preservation Commission 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 8• 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 9• 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 30th day of September, 2015. Approved as to form: c Debbie Quinn, Assistant City Attorney Attest: Kathy S 'ckland, Deputy Clerk A roved as to ontent: Willis Ped6er, Chair Attachments: Exhibit A: Conceptually approved elevations and floor plans Historic Preservation Commission Resolution #27, Series 2015 Page 3 of 3 EAST HYMAN AVENUE s TREE GRATE /PAVED / WALK AWNING b I I I I GRA E uiLOINc _ �DDInoN I I A WALL � xy`(O�Tiiij}/1 � S U GRATE 6 ° W $ C od I ADDITIO �a i TREE O \\ I —} GRAT 1 � j I jc NE OF %IBTING NEW TREE BY THE `� ALL/ CITY OF ASPEN ' 3] }'m a� rn AWNING AWNING mo q�q E F m w PAVED 1 — O n y ,—WALK ¢ O 111 �+ O a n � v WAGNER PARK g % 8 `S k i 8 /,� SITE PUN A-010 vi FLOOR PLAN -MAIN FLOOR 3ltfi' • 1'-0' /1 FLOOR PLAN -LOWER LEVEL U N =4 MN-'C' LOWER LEVEL L100 LOWER LEVEL IS EXISTING TO REMAIN, WITHOUT PUBLIC AGGEfiS I E� =LAiE oocn BErouD � BASE ROIgEiE � VI EW PLANE �I Ems e �® ► u I ENE son wou low r Bia,EFRaMB.B.EH.i.a:J BiaREERa.rB.BiEw.,,=. LwEiKnc.iro. 1 NORTHEAST GRAD. _E_n 1'-31R' V NOR MWEST GRADE uEiu SLAEENaHocore-2'-6112' EMIT. PARAPET n NEW PARAPET t'wuow BExOro 10•-8. VIEW PLANE n (L I souTH GRADE . ..............._............_s _.:' �G.. :..,... — NORTHEAST mETal anwwc. ♦vv. . {1 PARAPET .... — — Isr-13.s� VIEW PLANE ....... _' .. i _� :. : '.: -.:: :..... PL4NE r r r r. mak I 1 ii e sourH cruL>E e n SOUTHELEVATION�srsrcu. m, s*oRErRarrt arsrEx.rm. eAaE E MTh; B RRoRoaEoaU�allo a.IRaa as '1 Na. aau° oaaRo REa�a , DIST.V PARAPET _ _ ll c B NEW PARAPET & VIEW PLANE r 11'-0•V EW ROOF LEVEL o VIEW PLANE .r IIup{ I f p3p3i ` �11 gyp[ Ft � k 7t{ i�� 9 II - - '3K22�?'C MEiiuscR6ERARoc, / .',/, .% �.J.. 60HGMaD� l��N�rxxm+:s•d .. - NOWESET J g GRADE (� ' — — --2- 6112• �1 J Q� 6 f O {1WESTELEVATION = Z $ G H � B A-211 EXIS� NEW PARAPET V�EW� ENE t'-p NEW ROOF LEVEL TENANT'C' 7-7 TENANT'S' TENANT'A' ��IEW P=N= 102 F 1w TENANT-C' LOWER LEVEL L100 _ _ LOWERLEVEL n g.p l BUILDING SECTION- VIEW PUNE 1 pp 9 8 EXIST. PARAPETS 9 � $ ' NEW PARAPET V-p G _ _ _NEW ROOF LEVEL Ali 10' a VIEW PUNE - VIEW PUNE SHARED B CORRIDOR !! TENANT'B' 01 I - s � a es e s _ _LOWERLEVEL I� �m pa3 n BUILDING SECTION. VIEW PUNE2 E%IST. PARAPET o _ NEW PARAPET 11'-0' g [0 eu F N NEW 8 VIEW —NE VIEW PINE � TENANT'A' Cl) 00 n g o G 3 3 4 3 m � 3 ; n BUILDING SECTION - VIEW PUNE 3 $ ,,. �,'� rA-220 Exhibit G.8 final design approvals and growth management approval, with the recommended conditions of approval listed hereinafter. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1:Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Historic Preservation Commission hereby grants Final Major Development approval, Final Commercial Design approval and Growth Management approval with the following conditions: 1. As noted through HPC Resolution #27, Series of 2017, approval for the development has been granted subject to the conditions that: • All future rooftop mechanical equipment, including vents and ducts, shall not exceed a height of 13' 5" and must be setback 15' from the street facing fagades of the building. • Cash in lieu is required for mitigation of 4.97 parking spaces, as calculated in accordance with the Land Use Code. • The applicant is required to provide 834.5 square feet of qualified public amenity space on -site. To satisfy the remaining obligation of 673.25 square feet the applicant will provide either cash -in -lieu or off -site mitigation, with design approval by appropriate departments during building permit review. The final calculation of existing and proposed public amenity shall be confirmed by the Zoning Officer at the time of building permit review, in accordance with the Land Use Code. • The project is approved to provide a dedicated utility, delivery and trash service area measuring 10'wide x 30'deep x 10'high. 2. The applicant will mitigate for 7.47 FTE's generated by the new development by providing an equal amount of housing credits at time of building permit issuance. 3. At building permit, the applicant will mitigate for the 14.03 new vehicle trips per day calculated to be generated by this project. The methodology, which may be a combination of physical improvements and cash -in -lieu fee,, will be reviewed and approved by the City Engineering Department. 4. The Engineering Department requires that all roof drains must be disconnected from the sanitary sewer line. The project will be required to treat the Water Quality Capture Volume. A green roof is a viable option. The applicant must ensure that runoff is not being directed onto the mall, which would increase icing and drainage issues. This will need to be taken into account during the construction design process. Historic Preservation Commission Resolution #27, Series of 2016 Page 2 of 5 5. City Standards require all transformers to be located within property boundaries. Load calculation forms must be provided to the Utilities Department for review prior to submitting for building permit, to determine if existing transformers are sufficient or if a new transformer may be required on site. 6. The Aspen Consolidated Sanitation District requires that, even if the commercial spaces are tenant finish, interceptors will be required as part of the building permit if food processing establishments are anticipated. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. 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. The glycol heating and snow melt system 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 ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. 7. The applicant must be aware that the Parks Department creates temporary snow storage west of the mall fountain. Any circulation impacts caused by this should be taken into consideration in advance by the applicant. The applicant has represented that the brick archway that currently exists on the site will be preserved, but may need to be stored off -site during the construction process, then re- installed. This approach is approved. 9. The applicant has represented that some of the glazing on the new construction may have a special treatment, such as being back -painted. A sample must be reviewed and approved by staff and monitor, including an on -site mock-up, prior to installation. 10. The applicant is to provide an alternative to light fixture "B," represented in the drawings, and submit cut sheets for review and approval by staff and monitor, prior to submittal for building permit. 11. The applicant is to study the scale of the Millenium Tiles to be applied to portions of the building exterior. Detailed drawings must be reviewed and approved by staff and monitor prior to submittal for building permit. 12. The applicant is to study the division of the glazing to ensure that it reflects the historic context. Detailed drawings must be reviewed and approved by staff and monitor prior to submittal for building permit. 13. This Final approval includes expansion of the existing basement, an action that was not included in the Conceptual proposal. Historic Preservation Commission Resolution #27, Series of 2016 Page 3 of 5 Section 2: 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 and the Historic Preservation Commission 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 3• 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 4: 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. Section 5: The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 305/307 S. Mill Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the Historic Preservation Commission Resolution 927, Series of 2016 Page 4 of 5 City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. FINALLY, adopted, passed and approved this 24th day of August 2016. Approved as to form: Approved as to co ent: City Attorney V1 C Attest: Kathy Strickl d, Deputy Clerk Historic Preservation Commission Resolution #27, Series of 2016 Page 5 of 5 RESOLUTION #15 SERIES OF 2017) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION DENYING A REQUEST FOR A SUBSTANTIAL AMENDMENT TO THE APPROVED PROJECT AT 305 S. MILL STREET,UNITS A, B, AND C, ASPEN COMMERCIAL CONDOMINIUMS, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2737-182-17-802 and 2737-182-17-003 through -005 WHEREAS,the Community Development Department received an application from 305- 7 Mill Street LLC, represented by BendonAdams and ModifArchitecture, for the following land use review approval: Pursuant to Municipal Code Section 26.415, Substantial Amendment to the development approved through HPC Resolution#27, Series of 2015; and WHEREAS, the Community Development Director determined that Municipal, Code Section 26.304.070 allowed for this land use application to be processed according to the Code in effect on the day of the initial land use application—May 4, 2015; and, WHEREAS, the Aspen Community Development Department reviewed the proposed Substantial Amendment application and recommended denial; and, WHEREAS, the Historic Preservation Commission reviewed the application at a duly noticed public hearing on July 12, 2017, during which time the recommendations of the Community Development Director and comments from the public were requested and heard by the Historic Preservation Commission. The Historic Preservation Commission found, by a 5 to 0 vote, that the criteria•for a Substantial Amendment were not met. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT THE REQUEST FOR A SUBSTANTIAL AMENDMENT TO THE APPROVAL GRANTED THROUGH HPC RESOLUTION#27, SERIES OF 2015 IS DENIED. Section 1• 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 2• 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. 1111111 VIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DOC CODE: RESOLUTION pg 1 of 2,0812112017 at 02:27:07 PM Historic Preservation Commission Janice K.vos Caudill, Pitkin County, CO Resolution#15, Series of 2017 Page I of 2 Exhibit G.9 FINALLY, adopted, passed and approved this 12th day of July, 2017. Approved as to form: roved as content: 1 J es DeFr nci , Acting Chair fq/7dlU Qityu11, Pif. Gl jAb7Yn1 Attest: Nicole Henning, Deputy q1ty Clerk Historic Preservation Commission Resolution 415, Series of 2017 Page 2 of 2 Exhibit G.10 approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 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 4• 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 City Council of the City of Aspen op this 1 st day of December, 2015. Manning, City Approved as to form: � �/" , r z:.::: � --, - - - J es R. True, City Attorney 2 Exhibit G.11 Section 2: Temporary structures that are approved on a site for a period greater than seven (7) days are subject . to growth management review, resulting in affordable housing mitigation. For the fourteen -day approval, the applicant is required to provide housing mitigation for seven (7) days. Staff has calculated the amount of affordable housing due for this site as $201.07. The methodology is as follows: Variables: • Size of structures: Tent is estimated at 500 sq. ft. • Employee generation is calculated by FTEs per 1,000 sq. ft. of net leasable space • Employees generated per 1,000 of net leasable space in CC zone district = 4.7 • Mitigation for new commercial space is required at a Category 4 level, which is $223,072/FTE • Mitigation is required at 60% of the FTEs generated • Structures will be on -site for 60 days Methodology: • 500 sq. ft. / 1000 sq. ft. = .5 sq. ft. • .5 sq. ft. x 4.7 FTEs = 2.35 FTEs generated • 2.35 FTEs x 60% = 1.41 FTEs to be mitigated if structures are in use 100% of year • 1.41 FTEs / 365 days per year = .003863 daily rate • .003863 x 7 days = .027041 FTEs 0 .027041 x $223,072 = $6,032.09 Assuming 30 year buildinglife • $6,032.09/ 30 years = $201.07 due for mitigation of the structures for a period of 7 days. This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section 3• Staff requires verification from the Aspen Fire Department that the structure meets all necessary safety requirements. Section 4• All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 5• 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 0 prior ordinances. Section 6• 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 City Council of the City of Aspen on this 12th day of December, 2016. Approved as to form: l lJ�fmes R. True, City Attorney 3 305 S. Mill St Aspen, CO E Mail: greyladyaspen@gmail.com Web: wwv.greyladyaspen.com 12/08/16 Hello Neighbors & Friends — We are looking for support this year as we go infront of City Council with our request to cover our outdoor trellis for a portion of the winter season. The design will be the same as previous yeah,. and not interfere with the downtown core look and feel. Thank you, Ryan Chadwick & Ian Perry By signing below, I am showing my support for the Grey Lady Restaurant's Temporary Structure request for a custom fabric outfitting on the already exisiting trellis for the dates of December 23rd 2016 — February 20th 2017. NAME; ADDRESS: P rvi c� L ✓uk;.11l f/W ir/E/l q- 30shv /,a��/ Vaui �Uoc remv 114 Fr-< e S, vv- 64 l +w e- 21 ss ("D 1'. SIGNATURE: 5 a Ste, cz.� va, rr L-14 A ,qs-� t�tour SG.sKla Mea9he,, N �l� i4C: Qan i��3 ��co� �c• at�t � W .�to�1 lann A-syco I co f11 C� . Y-d a 1 AV4- z ;%'.,.A- � P c O o f- cc- a(,a-� ais 6LW � s� jt,4r.�.l Mc nr ,..�e, M e, - r-.-4 9 X �--, A e �r (o b E Hy y,., a n Arc. , Co St 6 it I o ((4 C. Nyman Ave, ASS) co Fsl loll r/'r4,l/ c`o [-/�// C) f C. I- � A v-( H a0 Sax A57W , � ; 14 45,P, v, gGso 4/� Jo pk5o�4\ b Cc) q0 l V�P Co SbW 4, RECEPTION#: 643544, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 12/05/2017 at 11:05:50 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 157 SERIES OF 2017) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING. A TEMPORARY USE OF TENT AND AIRLOCK STRUCTURE AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2737-182-17-004 WHEREAS, the Community Development Department received an application from Ryan Chadwick requesting Temporary Use approval to maintain a plastic and canvas tent structure covering the trellis over the public amenity space at the north end of the existing commercial building from December 23, 2016 through April 20, 2018; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a.duly noticed public hearing; and, WHEREAS, the City Council approves the tent structure, allowing for a temporary use for one hundred and twenty(120) days; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section , Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of a plastic and canvas tent on the subject site, over the existing trellis, measuring approximately 788 sq. ft., from December 21, 2017 to April 20, 2018, for a period of one hundred twenty (120) days. The tent, including walls and roof, shall be removed in its entirety by April 21, 2018. Section 2: The temporary structure shall be made available as a "Local Vendor Market' on Saturdays and/or Sundays from December 21, 2017 to January 1, 2018, and a minimum of one day per week until April 20, 2018, or until the tent enclosure is removed; whichever comes first. The additional conditions shall apply: a. The Applicant shall attend an ACRA Board meeting to discuss the Saturday Market concept. b. The Applicant shall contact Aspen Entrepreneurs and Maker + Place to discuss the I Exhibit G.12 Saturday Market concept. c. The Applicant shall contact Aspen Tree to discuss the Saturday Market, with the intent that.the CSAs associated with Aspen Tree will be made privy to the Saturday Market. Section Temporary structures that are approved on a site for a period greater than fourteen (14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant is required to provide housing mitigation for each day above 14 that the tent is up. The estimated amount of affordable housing due for this site is $5,200 . This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. Section 5• All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 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 7• 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. 2 APPROVED BY the City Council of the City of Aspen on this 27`h day of November, 2017. i4 Steven Skad n, Mayor Atte t A 4 A L' da Manning,City Cle Approved as to form: Fames R. True, City Attorney 3 RESOLUTION NO. 122 SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF TENT AND AIRLOCK STRUCTURE AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2737-182-17-004 WHEREAS, the Community Development Department received an application from Ryan Chadwick requesting Temporary Use approval to maintain a plastic and canvas tent structure covering the trellis over the public amenity space at the north end of the existing commercial building from December 15, 2018 through April 15, 2019; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, The City Council considered the application during public hearing at a regular scheduled meeting on August 27, 2018 and by a four — one (4 - 1) vote approves Resolution No. 122, Series of 2018; and, WHEREAS, the City Council approves the tent structure, allowing for a temporary use for one hundred and twenty(120)days;and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL 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 City Council hereby approves a Temporary Use request to allow the erection of a plastic and canvas tent on the subject site, over the existing trellis, measuring approximately 788 sq. ft., from December 15, 2018 to April 20, 2019, for a period of one hundred twenty (120) days. The tent, including walls and roof, shall be removed in its entirety by April 21, 2019. The additional condition shall apply: IIIIII VIII VIII VIII VIII VIII VIII IIII II I III VIII VIII VIII IIIIII I I I I III RECEPTION#: 650172, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 09/07/2018 at 09:59:52 AM Janice K. Vos Caudill, Pitkin County, CO Exhibit G.13 a. At the time of approval (August 27, 2018)the walls and roof are installed in violation of the previous approval. The walls and roof must be removed by the close of business on Tuesday, September 4, 2018. Section 2: The temporary structure shall be made available as a "Local Vendor Market" on Saturdays and/or Sundays, for a minimum of one day per week until April 15, 2019, or until the tent enclosure is removed; whichever comes first. The additional conditions shall apply: a. The Applicant shall attend an ACRA Board meeting to discuss the Saturday Market concept. b. The Applicant shall contact Aspen Entrepreneurs and Maker + Place to discuss the Saturday Market concept. c. The Applicant shall contact Aspen Tree to discuss the Saturday Market, with the intent that the CSAs associated with Aspen Tree will be made privy to the Saturday Market. Section 3: Temporary structures that are approved on a site for a period greater than fourteen (14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant is required to provide housing mitigation for each day above 14 that the tent is up. The estimated amount of affordable housing due for this site is $5,562.30 (based on methodology in LUC, 26.470.090.I). This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section 4• A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. Section 5: All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 6: 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 7: 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. 2 APPROVED BY the City Council of the City of Aspen on this 27th day of August,2018. 1 Steven Skad ayor A est: C inda Manning,City Cler Approved as to form: loones R. True,City Attorney 3 Exhibit G.14 Section 2: The temporary structure shall be made available as a "Local Vendor Market" on Saturdays and Sundays, for a minimum of two days per week until March 31, 2020, or until the tent enclosure is removed; whichever comes first. The additional condition shall apply: a. The Applicant shall make efforts to advertise availability of the Market to local artists and producers. Section 3: Temporary structures that are approved on a site for a period greater than fourteen (14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant is required to provide housing mitigation for each day above 14 that the tent is up. The estimated amount of affordable housing due for this site is $4,7770.58 (based on methodology in LUC, 26.470.090.I). This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section 4: A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. Section 5: All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 6: 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 7: 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 City Council of the City of Aspen on this 171h day of December 2020. Approved as to form: mes R. True, City Attorney Attest: Nicole Henning, City Clerk Approved as to content: Ward Hauenstein, Mayor Pro Tem RESOLUTION NO. 137 (SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF AIRLOCKED TENT STRUCTURE AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID: 2737-182-17-004 WHEREAS, the Community Development Department received an application from Ryan Chadwick requesting Temporary Use approval to maintain a plastic and canvas tent structure covering the trellis over the public amenity space at the north end of the existing commercial building from December 18, 2019 through March 31, 2020; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days; and WHEREAS, the City Council reviewed the application and considered the Temporary Use proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the public hearing, originally scheduled for December 10, 2019 was continued to December 17, 2019 due to an absence of quorum on this agenda item; and, WHEREAS, The City Council considered the application during public hearing at a regular scheduled meeting on December 17, 2019 and by a three to zero (3 - 0) vote approves Resolution No. 137, Series of 2019; and, WHEREAS, the City Council approves the tent structure, allowing for a temporary use for one hundred and five (105) days; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL 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 City Council hereby approves a Temporary Use request to allow the erection of a plastic and canvas tent on the subject site, over the existing trellis, measuring approximately 788 sq. ft., from December 18, 2019 to March 31, 2020, for a period of one hundred five (105) days. The tent, including walls and roof, shall be removed in its entirety by April 1, 2020. I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII III IIIII IIII RECEPTION#: 666348, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 07/28/2020 at 12:65:39 PM Janice K. Vos Caudill, Pitkin County, CO Section 2: The temporary structure shall be made available as a "Local Vendor Market" on Saturdays and Sundays, for a minimum of two days per week until March 31, 2020, or until the tent enclosure is removed; whichever comes first. The additional condition shall apply: a. The Applicant shall make efforts to advertise availability of the Market to local artists and producers. Section 3: Temporary structures that are approved on a site for a period greater than fourteen (14) days are subject to growth management review, resulting in affordable housing mitigation. The applicant is required to provide housing mitigation for each day above 14 that the tent is up. The estimated amount of affordable housing due for this site is $4,7770.58 (based on methodology in LUC, 26.470.090.I). This fee must be paid prior to the placement of the structures on the site. Staff requires verification of the size of the structures prior to payment. Section 4: A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of the temporary structure. Section 5: All material representations and commitments made by the Applicant pursuant to the temporary use proposal as herein awarded, whether in public hearing or documentation presented before the 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 6: 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 7: 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 City Council of the City of Aspen on this 171h day of December 2020. Approved as to form: mes R. True, City Attorney Attest: Nicole Henning, City Clerk Approved as to content: Ward Hauenstein, Mayor Pro Tem WILD FIG 305 S. MILL ST ASPEN, CO 81611 GENERAL NOTES: A. ALL WORK SHALL BE ERECTED PLUMB AND TRUE-TO-LINE IN ACCORDANCE WITH BEST PRACTICES OF THE TRADE, MANUFACTURER'S RECOMMENDATIONS FOR THE PARTICULAR PRODUCT, AND IN ACCORDANCE WITH THE SPECIFICATIONS. B. THE LOCAL GOVERNMENT AGENCIES SHALL BE NOTIFIED BY THE CONTRACTOR WHEN THERE IS NEED OF INSPECTION AS REQUIRED BY THE APPLICABLE CODE OR BY ANY LOCAL CODE OR ORDINANCE. C. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY AND CARE OF ADJACENT PROPERTIES DURING CONSTRUCTION, FOR COMPLIANCE WITH FEDERAL AND STATE O.S.H.A. REGULATIONS, AND FOR THE PROTECTION OF ALL WORK UNTIL IT IS DELIVERED COMPLETED TO THE OWNER. D. ALL DIMENSIONS NOTED TAKE PRECEDENCE OVER SCALED DIMENSIONS. DIMENSIONS NOTED "N.T.S." DENOTES NOT TO SCALE. E. CONTRACTOR SHALL VERIFY AND COORDINATE ALL OPENINGS THROUGH FLOORS, CEILINGS, AND WALLS WITH ALL DESIGNER, STRUCTURAL, MECHANICAL, PLUMBING, ELECTRICAL AND OTHER DISCIPLINE DRAWINGS AND SPECIFICATIONS, AS WELL AS EXISTING CONDITIONS. F. CONTRACTOR WILL ASSUME RESPONSIBILITY FOR ITEMS REQUIRING COORDINATION AND RESOLUTION DURING THE BIDDING PROCESS. THE CONTRACTOR SHALL CONTACT THE DESIGNER FOR ANY CLARIFICATIONS. THE CONTRACTOR SHALL CONTACT THE DESIGNER FOR PRIOR APPROVAL BEFORE EXCLUDING ANY ITEMS OR PRODUCTS FROM HIS BID. G. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND DESCRIPTIONS, EXISTING AND PROPOSED, AND JOB SITE CONDITIONS PRIOR TO STARTING WORK. SHOULD A DISCREPANCY OCCUR WITHIN THE CONTRACT DOCUMENTS, OR BETWEEN THE CONTRACT DOCUMENTS AND THE EXISTING CONDITIONS, NOTIFY THE DESIGNER IMMEDIATELY FOR CLARIFICATION. H. WHERE WORK IS INSTALLED OR EXISTING FINISHES ARE DISTURBED, SUCH AREAS SHALL BE REFINISHED TO MATCH THE AREA PRIOR TO THE DISTURBANCE. I. CONTRACTOR SHALL CHECK AND VERIFY THE CONTRACT DOCUMENTS WITH FIELD CONDITIONS, CONFIRMING THAT ALL WORK IS BUILDABLE AS SHOWN, PRIOR TO PROCEEDING WITH THE WORK. CONTRACTOR SHALL NOTIFY THE DESIGNER IMMEDIATELY IF ANY DISCREPANCIES EXIST, PRIOR TO COMMENCEMENT OF WORK, OR AS SOON AS POSSIBLE, THEREAFTER. J. EACH MISCELLANEOUS ITEM OF CUTTING, PATCHING, OR FITTING IS NOT NECESSARILY INDIVIDUALLY DESCRIBED IN THE CONTRACT DOCUMENTS. NO SPECIFIC DESCRIPTION OF CUTTING, PATCHING, OR FITTING REQUIRED TO PROPERLY ACCOMMODATE THE SCOPE OF WORK SHALL RELIEVE THE CONTRACTOR FROM THE RESPONSIBILITY TO PERFORM SUCH WORK AS REQUIRED. K. ANY QUESTIONS REGARDING THE INTENT OF THE DRAWINGS OR SPECIFICATIONS ARE TO BE CLARIFIED WITH THE DESIGNER PRIOR TO ORDERING MATERIALS OR PROCEEDING THE THE RELATED WORK. L. ALL ITEMS ARE NEW UNLESS CALLED OUT AS "EXISTING." M. CONTRACTOR TO VERIFY AND PROVIDE ALL VENTING REQUIREMENTS. N. ALL WORK SHALL COMPLY WITH ALL STATE AND LOCAL CODES AND ORDINANCES, AND SHALL BE PERFORMED TO THE HIGHEST STANDARDS OF CRAFTSMANSHIP BY JOURNEYMEN OF THE APPROPRIATE TRADES. O. THESE CONTRACT DOCUMENTS ARE INTENDED TO INCLUDE ALL LABOR MATERIALS, EQUIPMENT AND SERVICES REQUIRED TO COMPLETE ALL WORK DESCRIBED THEREIN. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO BRING TO THE ATTENTION OF THE DESIGNER ANY CONDITIONS WHICH WILL NOT PERMIT CONSTRUCTION ACCORDING TO THE INTENTIONS OF THESE DOCUMENTS. THE DESIGNER SHALL PROVIDE SUPPLEMENTAL INFORMATION REGARDING DESIGN INTENT WHERE ACCOMMODATIONS FOR EXISTING CONDITIONS OR WHERE SUFFICIENT INFORMATION IS ABSENT FROM THE CONTRACT DOCUMENTS. P. SHOULD A DISCREPANCY OCCUR IN OR BETWEEN DRAWINGS AND SPECIFICATIONS, CONSULT DESIGNER IMMEDIATELY. Q. CONTRACTOR SHALL BE RESPONSIBLE FOR THE ACCURATE PLACEMENT OF ALL NEW CONSTRUCTION. R. THE JOB SITE SHALL BE MAINTAINED IN A CLEAN AND ORDERLY CONDITION. EACH SUBCONTRACTOR IMMEDIATELY UPON COMPLETION OF EACH PHASE OF WORK SHALL REMOVE ALL DEBRIS AS A RESULT OF THEIR WORK. S. THE CONTRACTOR SHALL DO ALL CUTTING, FITTING, PATCHING, EXCAVATION, OR OTHER REQUIRED TASK OF HIS WORK THAT MAY BE REQUIRED FOR ALL SUBCONTRACTORS TO PERFORM THEIR WORK. THIS CUTTING, FITTING, PATCHING, EXCAVATION OR OTHER REQUIRED TASK SHALL NOT ENDANGER OTHER WORK OR STRUCTURES. ALL PATCHING OR REPAIRING SHALL BE DONE WITH LIKE MATERIALS SO THAT SURFACES REPLACES WILL MATCH SURROUNDING SURFACES UPON COMPLETION. T. NO PORTION OF WORK REQUIRING A SHOP DRAWING OR SAMPLE SUBMISSION SHALL BE COMMENCED UNTIL THE SHOP DRAWING OR SAMPLE HAS BEEN REVIEWED BY THE DESIGNER AND/OR THE STRUCTURAL ENGINEER. U. THE CONTRACT DOCUMENTS CONSIST OF THE AGREEMENT, THE GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, GENERAL PROVISIONS, DRAWINGS, SPECIFICATION, ADDENDA, AND SUPPLEMENTARY DOCUMENTS AS ISSUED BY THE DESIGNER IN ACCORDANCE WITH THE GENERAL AND SUPPLEMENTARY CONDITIONS OF THE CONTRACT. DRAWINGS AND SPECIFICATIONS ARE COOPERATIVE AND CONTINUOUS. WORK INDICATED OR REASONABLY IMPLIED IN EITHER SHALL BE PROVIDED AS THOUGH FULLY COVERED BY BOTH. ANY DISCREPANCY BETWEEN THE CONTRACT DOCUMENTS SHOULD BE REPORTED TO THE DESIGNER IMMEDIATELY. OWNER: CRAIG CORDTES-PEARCE 308 S GALENA ST ASPEN, CO 81611 970-319-0061 CRAIG@CPRESTAURANTS.COM CONTACT: CRAIG CORDTES-PEARCE CONTRACTOR: A & L CONTRACTORS PO BOX 2782 ASPEN, CO 81612 970-404-0743 LIOR@ALCONSTRUCTION.ORG CONTACT: LIOR LILAH DESIGNER/ARCHITECT: CLASS 5 DESIGN 22 LAZY GLEN SNOWMASS, CO 81654 970-306-2618 BETHFULTS@YAHOO.COM CONTACT: BETH FULTS-OSBURN PROPERTY INFO: Parcel 273718220003 Property Address 305 S. MILL ST, ASPEN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 82 Lot: H & I Property Type COMMERCIAL Acres 0 Land SqFt 6,000 Tax Area 1 Mill Levy 36.662 Subdivision CITY AND TOWNSITE OF ASPEN Neighborhood COA COMMERCIAL "B" Super Neighborhood ASPEN COMM DESCRIPTION OF WORK: FULL RENOVATION OF EXISTING DINING, BAR, KITCHEN AND RESTROOMS. REPLACE GARAGE DOOR WINDOWS WITH CASEMENT WINDOWS AND WINDOWS AT PATIO TO MATCH. FRONT DOOR/GLAZING TO REMAIN. PROJECT CONTACTS: STRUCTURAL ENGINEER: EVOLVE STRUCTURAL DESIGN 1040 MAIN STREET CARBONDALE, CO 81623 206-910-7766 STEVE@EVOLVSTRUCT.COM CONTACT: STEVE EDMISTON NOTES: BUILDING CODES USED 2015 INTERNATIONAL BUILDING CODE 2015 INTERNATIONAL RESIDENTIAL CODE PITKIN COUNTY EFFICIENT BUILDING CODE SITE LOCATION MAP: NEW RESTAURANT LOCATION SHEET INDEX: 1-COVER BUILDING RELATIONSHIP, NOTES 1/1 SURVEY PLATT ARCHITECTURAL: A0.01 OCCUPANCY EGRESS PLAN A1.01 BASEMENT LEVEL EXISTING/DEMO PLAN A1.02 BASEMENT LEVEL PROPOSED A1.03 MAIN LEVEL EXISTING/DEMO PLAN A1.04 MAIN LEVEL PROPOSED A1.05 MAIN LEVEL RCP A1.06 ROOF PLAN A3.01 EXISTING ELEVATIONS A3.02 PROPOSED ELEVATIONS 05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP COVER SHEET 1-COVER X-5 X-A 307 S MILL ST. 305 S MILL ST. BASEMEN LEVEL PLAN-EXISTIN/DEMO SCALE: 1/4" = 1'-0"1 N EXISTING WALL TO REMAIN DEMO DASHED ITEMS - REMOVE ALL PLUMBING FIXTURES, CABINETS, DRYWALL, STONE, TILE, CARPET & WINDOW TREATMENTS KEY NEW WALL 05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP BASEMENT LEVEL PLAN EXISTING/DEMO A1.01 X-5 X-A 307 S MILL ST. 305 S MILL ST. BASEMENT LEVEL PLAN-PROPOSED SCALE: 1/4" = 1'-0"1 N H.S. VITREOUS CHINAC_TOILETSWELLWORTH K-3458 PREP DRY STORAGE COOLER OFFICE WINE EMPLOYEE RESTROOM FREEZER EXISTING WALL TO REMAIN DEMO DASHED ITEMS - REMOVE ALL PLUMBING FIXTURES, CABINETS, DRYWALL, STONE, TILE, CARPET & WINDOW TREATMENTS KEY NEW WALL 05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP BASEMENT LEVEL PLAN PROPOSED A1.02 EXISITING BAR/ENTRY ### EXISITING BATHROOM ### EXISITING SEATING AREA ### EXISITING BATHROOM ### EXISITING AV ### EXISITING WALK IN COOLER ### EXISITING OUTDOOR STORAGE ### EXISITING KITCHEN ### EXISITING DISHROOM ### EXISITING BAR/ENTRY ### DEMO ALL DRYWALL & TILE AT WALLS REMOVE ALL PLUMBING FIXTURES REMOVE ALL WOOD & TILE FLOORING THROUGHOUT DEMO ALL DRYWALL & TILE AT WALLS 8 EXISTING TRELLIS TO REMAIN REMOVE ALL BUILT IN CABINETS REMOVE ALL WINDOWS/DOORS REMOVE ALL CEILING MATERIALS THROUGOUT MAIN LEVEL PLAN-DEMO SCALE: 1/4" = 1'-0"1 N EXISITING POPCORN WAGON ### 1685.8 SF 20'-33 4" 27'-115 8"20'-33 4" 2'-1112" 7' - 1 12" 16'-212" 12'-218" 2'-512"17'-1014" 17 ' - 8 3 8" 2' - 9 " 10 ' - 1 0 " 2' - 9 " 1'-6" REMOVE DBL DOORS & INFILL TO MATCH EXISTING EXTERIOR A C.5 F H J 7 5 4 3 2 B C C.9 G E 6 1 1 A.3.01 2 A.3.01 3 A.3.01 EXISTING WALL TO REMAIN DEMO DASHED ITEMS - REMOVE ALL PLUMBING FIXTURES, CABINETS, DRYWALL, STONE, TILE, CARPET & WINDOW TREATMENTS KEY NEW WALL 05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP MAIN LEVEL PLAN DEMO A1.03 SEATING 103 WAGON WALK IN COOLER ### EXISTING WALKWAY ### KITCHEN 101 EXISITING OUTDOOR PATIO ### MAIN LEVEL PLAN - PROPOSED SCALE: 1/4" = 1'-0"1 N BAR 102 EXISITING POPCORN WAGON ### 2'-0"31"-37"2'-03 8"1'-0"7"7'-03 8" FIG WALK IN COOLER ### 3'-75 8" 14'-8" 16 ' - 4 " 49 ' - 1 1 14" ADA UNISEX 107 UNISEX 108 5' - 1 0 12" 5'-103 4" 312" 6'-27 8" 312" 5'-15 8" 4'-6" 312"512" 7'-73 8" 312" 3' - 4 3 8" 312" 5' - 5 " BAR PICK UP ADA SEATING 5'-11" 312" 2' - 0 " 2' - 9 18" WINE CL 105 COAT CL 106 MAIN ENTRY 104 2' - 3 " 312" 4' - 6 " 312" 2' - 2 14" 7" 312" 13 ' - 1 1 3 4" 7'-018" 3 A.3.02 2 A.3.02 2 A.3.02 1 A.3.02 102 101 104 103 EXISTING WALL TO REMAIN DEMO DASHED ITEMS - REMOVE ALL PLUMBING FIXTURES, CABINETS, DRYWALL, STONE, TILE, CARPET & WINDOW TREATMENTS KEY NEW WALL 05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP MAIN LEVEL PLAN PROPOSED A1.04 SEATING 103 WAGON WALK IN COOLER ### EXISTING WALKWAY ### KITCHEN 101 EXISITING OUTDOOR PATIO ### BAR 102 EXISITING POPCORN WAGON ### FIG WALK IN COOLER ### ADA UNISEX 107 UNISEX 108 WINE CL 105 COAT CL 106 MAIN ENTRY 104 R1 R1 R1 8'-3" AFF PAINT 7'-9" AFF WD BEAM 8'-3" AFF PAINT 7'-9" AFF DROP CEILING 8'-3" AFF PAINT7'-4" AFF PAINT 8'-3" AFF PAINT 7'-4" AFF PAINT 3' - 3 3 4" R1 3 A.3.02 2 A.3.02 2 A.3.02 1 A.3.02 7'-11" AFF WD BEAM 8'-3" AFF PAINT 7'-9" AFF WD BEAM 7'-11" AFF WD BEAM SOFFIT SOFFIT SOFFIT R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1 R1R1 R1 R1 R1 R1 5'-11" 4' - 2 12" 4'-712" 3' - 1 3 8" 4' - 5 12" 9' - 4 18"05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP REFLECTED CEILING PLAN PROPOSED A1.05 REFLECTED CEILING PLAN - PROPOSED SCALE: 1/4" = 1'-0"1 N 1 2 3 4 PROPERTY LINE R.D. R.D. COVERED STAIR 305 S. MILL (EXIST. TENANT SPACE) INSTALL NEW ROOF INSULATION (R-35 MIN.) AND TPO MEMBRANE, SEE DETAIL O.R.D.O.R.D. KEF-1 307 RTU-1 PROPOSED CONDENSERS 8'' CURB 18'' CURB KEF-2 18'' CURB 3'' DIA. WATER HEATER FLUE MAU-1 12'' CURB 305 RTU-1 8'' CURB ABOVE MEMBRANE COVERED PATIO COOLER BELOW ELECTRIC SNOWMELT AREA (50.44 SF) EXIST. GUTTER AND D.S., V.I.F. ROUTE D.S. TO DRYWELL EXIST. FLUE R.D. O.R.D. SLOPE SLOPE SL O P E SLOPE SLOPE SLOPE SL O P E SLOPE SL O P E CHIMNEY, FLUE AND VENT SETBACK 20'-0" CH I M N E Y , F L U E A N D V E N T S E T B A C K 20 ' - 0 " SL O P E SNOWMELT (37.89 SF) 3'' VTR SNOWMELT (49.85 SF) (2) 4'' BATH 4'-2 3/4" 3' - 7 1 / 8 " 16'-9"6'-10" INSTALL NEW ROOF INSULATION (R-35 MIN.) AND TPO MEMBRANE, SEE DETAIL 8' - 6 " 6' - 1 0 5 / 8 " 14'-8 1/2" 14 ' - 9 " 29'-4 1/4"3' - 1 0 1 / 2 " 24'-5 1/4" 9' - 0 1 / 2 " 2' - 1 1 3 / 4 " 19 ' - 2 1 / 2 " 3'-1 5/8"4'-7 1/2"4'-11 3/4"5'-1 3/8"4'-9 5/8" 20'-1 3/8" 18'-3 1/8" 8' - 0 1 / 4 " 18'-1 5/8" 15 ' - 0 " 8'-3" AFF PAINT ∅ ∅ ∅ ∅ APPROX LOCATION OF 12" DIAM HVAC FLEXIBLE DUCT APPROX LOCATION OF 12" DIAM HVAC FLEXIBLE DUCT APPROX LOCATION OF 12" DIAM HVAC FLEXIBLE DUCT 06-21-23 ROOF HVAC WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: PRELIMINARY DESIGN CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 5/01/23 LAND USE APP PROPOSED ROOF PLAN A1.06 ROOF PLAN - PROPOSED SCALE: 1/4" = 1'-0"1 N X-5 X-4 X-3 X-2 X-1GED OPEN TO PATIO OPEN TO PATIO OPEN TO PATIO MAIN LEVEL 100'-0" T.O. EXISTING PARAPET 113'-4 1/2" T.O. TRELLIS 110'-6" EAST ELEVATION-EXISTING SCALE:1/4" = 1'-0"2 1'-112" 11'-107 8" 103 4" 11'-11" COURTYARD SOUTH ELEVATION-EXISTING SCALE:1/4" = 1'-0"1 METAL PANELS TO MATCH DOORS BLACK METAL WINDOWS BARNWOOD PANELS X-3 X-2 X-1ED E MAIN LEVEL 100' -0" T.O. TRELLIS 110'-6" EXISTING GLASS & METAL DOORS MAIN LEVEL 100'-0" T.O. EXISTING PARAPET 113'-4 1/2" T.O. TRELLIS 110'-6" NORTH ELEVATION-EXISTING SCALE:1/4" = 1'-0"3 T.O. EXISTING PARAPET 113'-4 1/2" EXISTING METAL CASEMENT 1'-1114"EXISTING BAR COUNTER TO BE REMOVED PAINTED WHITE STUCCO PAINTED WHITE BRICK PAINTED WHITE STUCCO REMOVE EXISTING DBL DOORS FOR NEW CL & BATHROOM LOCATION 05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP TEMP USE ELEVATIONS A3.01 6" 5'-6"8"5'-6"1'-612"5'-6"8"5'-6" COURTYARD SOUTH ELEVATION SCALE:1/4" = 1'-0"1 METAL PANELS TO MATCH DOORS BLACK METAL WINDOWS BLACK METAL DOORS X-5 X-4 X-3 X-2 X-1GED OPEN TO PATIO OPEN TO PATIO OPEN TO PATIO E MAIN LEVEL 100' -0" T.O. TRELLIS 110'-6" MAIN LEVEL 100'-0" T.O. EXISTING PARAPET 113'-4 1/2" T.O. TRELLIS 110'-6" WINDOW SCHEDULE WINDOW WIDTH HEIGHT HEAD HEIGHT QUANTITY TYPE U-VALUE REMARKS A 5'-6"3'-6"7'-0"3 DBL FOLDING 0.28 B 3'-0"3'-6"7'-0"2 FIXED 0.28 A A BLACK METAL DOORS MAIN LEVEL 100'-0" T.O. EXISTING PARAPET 113'-4 1/2" T.O. TRELLIS 110'-6" AB EAST ELEVATION SCALE: 1/4" = 1'-0" 2 NORTH ELEVATION SCALE:1/4" = 1'-0"3 T.O. EXISTING PARAPET 113'-4 1/2" PAINTED WHITE BRICK PAINTED WHITE STUCCO DOOR AND WINDOW SWITCH TO MEET EGRESS REQUIREMENTS B DOOR SCHEDULE DOOR WIDTH HEIGHT LOCATION TYPE U-VALUE REMARKS 101 3'-0"7'-0"EXTERIOR SWING 0.28 102 5'-6"7'-0"EXTERIOR DBL FOLDING 0.28 103 5'-6"7'-0"EXTERIOR DBL FOLDING 0.28 104 3'-0"7'-0"EXTERIOR SWING 0.28 EXISTING DOOR AND WINDOW TO REMAIN 05-01-23 LAND USE PERMIT WI L D F I G 30 5 S . M i l l S t . As p e n , C O 8 1 6 1 1 REVISION TITLE: DATE CLASS DESIGN 22 Lazy Glen Snowmass, CO 81654 bethfults@yahoo.com 970.306.2618 1/15/23 OWNER REVIEW PHASE: OWNER: SEAL: LAND USE CP RESTAURANT 1/24/23 IFFR SUBMITTAL 2/28/23 TEMP USE PERMIT 4/10/23 PRE SUBMITTAL 4/20/23 LAND USE APP PROPOSED EXTERIOR ELEVATIONS A3.02 Exhibit I Fan #1 Curb R❑❑F CURB - 41" Width, 71" Length, 14" Supply Height, Insulated. 16" FEATURES: - ROOF MOUNTED FANS. - UL705. - UL762 AND ULC-S645 (RESTAURANT MODEL). - HIGH HEAT OPERATION DIRECT DRIVE 350'F (176'C). - HEAT SLINGER. - NEMA 3R SAFETY DISCONNECT SWITCH. - GREASE CLASSIFICATION TESTING. - 2' DRAIN. - MOTOR WEATHER COVER. - FULLY SEALED SCROLL HOUSING. - SCROLL ACCESS DOOR. - FLANGE 1 I/4'. 26 1/4' 35' 19 1/2' 14 5/8' 22' AIN CAP. 24 1/2, 1 1/8' SHAFT DIA. ■OUTLET NOTE . 1 42 1/9 40 5/8' 28 3/8' ■INLET N TES. 725' 2' DRAIN. 4.125' 25' 18 1//' 12 3//' 26 1/4' 31 7/8' 37 I/2' SIDE VIEW (6) ISOLATORS = USBI18 THRU 36. FRONT VIEW _ UPPORT RAILS. i �4' �48'� ■ INLET/OUTLET NOTES- NORMAL TEMPERATURE TEST DIRECT DRIVE LENGTH OF THE STRAIGHT DUCT ON THE INLET AND OUTLET TO BE 3 TIMES EXHAUST FAN MUST OPERATE CONTINUOUSLY THE EQUIVALENT DUCT DIAMETER BEFORE CONNECTING TO ANY WHILE EXHAUSTING AIR AT 350'F (176'0 FITTINGS SUCH AS ELBOWS TO AVOID SYSTEM EFFECT. UNTIL ALL FAN PARTS HAVE REACHED THERMAL EQUILIBRIUM, AND WITHOUT ANY DETERIORATING EFFECTS TO THE FAN WHICH WOULD CAUSE UNSAFE OPERATION. UNIT PLAN VIEW CORNER WEIGHTS- CORNER WEIGHTS ARE CALCULATED BASED ON VERTICAL DISCHARGE. 103 LBS -- LBS S PPNOT AFFECTEDORT DUCT ROPERLY BEFORE FAN TO ENSURE CORNER WEIGHTS INLET 164 LBS 117 LBS FAN #3 A2-D.250-20➢ - HEATER (MAU-1) 1. DIRECT GAS FIRED HEATED MAKE UP AIR UNIT WITH 20' MIXE➢ FLOW ➢IRECT DRIVE FAN. 2. EVAP COOLER (LPD CELDEK) - W/INTAKE HOOD W/EZ FILTERS. 3. SIDE DISCHARGE - AIR FLOW RIGHT -> LEFT. 4. GAS PRESSURE GAUGE, 0-35', 2.5' DIAMETER, 1/4' THREAD SIZE. 5. GAS PRESSURE GAUGE, -5 TO +15 INCHES WC., 2.5' DIAMETER, 1/4' THREAD SIZE. 6. LOW FIRE START. ALLOWS THE BURNER CIRCUIT TO ENERGIZE WHEN THE MODULATION CONTROL IS IN A LOW FIRE POSITION. 7. MOTORIZED BACK DRAFT DAMPER 22.75' X 24' FOR SIZE 2 STANDARD 6 MODULAR HEATER UNITS W/EXTENDED SHAFT, STANDARD GALVANIZED CONSTRUCTION, 3/4' REAR FLANGE, LOW LEAKAGE, LF120S ACTUATOR INCLUDED. S. LAYER CONTROL FOR IBT EVAP. 9. FREEZESTAT WITH 10' SENSOR. FACTORY SET AT 35•F AND 10 MINUTES. 10. CONTROL PANEL ENCLOSURE HEATER, INCLUDES 200W, 120V HEATER. RECOMMENDED FOR WINTER DESIGN TEMPERATURE LESS THAN 0'F. OPERATES ON PCB CONTROLS IN IBT SINGLE MODULES OR RTU. 11. GFCI 15 AMP CONVENIENCE OUTLET FOR HEATER ENCLOSURE. POWER SUPPLY BY OTHERS - INCLUDES RECEPTACLE AND J BOX. 12. SEPARATE 120VAC WIRING PACKAGE FOR MAKE-UP AIR UNITS. OPTION MUST BE SELECTED WHEN MOUNTING VFD IN PREWIRE PANEL OR WITH DCV PACKAGE. PROVI➢ES SEPARATE 120VAC INPUT TO SUPPLY FAN. THIS 120V SIGNAL MUST BE RUN BY ELECTRICIAN FROM DCV TO MUA SWITCH. 13. PROFILE PLATE CONFIGURATION FOR SIZE 2 ➢IRECT FIRED UNIT FOR LOW CFM APPLICATIONS. 14. FREEZE PROTECTION ➢RAIN CONTROL KIT FOR EVAPORATIVE COOLERS. INCLUDES 3-WAY WATER SOLENOID VALVE 8316G064 (SHIPPED LOOSE), PRESSURE SWITCH INSTALLED UPSTREAM OF 2WAY SOLENOID IN UNIT, BRASS TEE AND 2 NPT HALF INCH NIPPLES. FIEL➢ WIRING REQUIRED BY OTHERS FOR 3-WAY VALVE. FOR BOTH CEL➢EK AND STANDARD V-BANK TYPE CONFIGURATIONS. 15. HINGED DOUBLE WALL INSULATED DOOR ASSEMBLY (BURNER/BLOWER/EVAP SECTION). 16, 2 YEAR PARTS WARRANTY SUPPLY SIDE HEATER INFORMATION, .NOTE' SUPPLY DUCT MUST BE INSTALLE➢ TO MEET SMACNA STANDARDS. A MINIMUM STRAIGHT DUCT LENGTH MUST BE MAINTAINED DOWNSTREAM OF UNIT DISCHARGE AS OUTLINED IN AMCA PUBLICATION 201. WHEN USING RECTANGULAR DUCTWORK, ELBOWS MUST WINTER TEMPERATURE _ -16'F. TEMP. RISE = 91'F. BE RADIUS THROAT, RADIUS BACK WITH TURNING VANES. FLEXIBLE DUCTWORK AND SQUARE THROAT/SQUARE BACK ELBOWS SHOULD BTUs CALCULATED OFF ACTUAL AIR DENSITY. NOT BE USED. ANY TRANSITION AND/OR TURNS IN THE DUCTWORK WILL CAUSE SYSTEM EFFECT. SYSTEM EFFECT WILL OUTPUT BTUs AT ALTITUDE OF 0.0 FT. = 273380. DRASTICALLY INCREASE STATIC PRESSURE AND REDUCE AIRFLOW. DO NOT RELY ON UNIT TO SUPPORT DUCT IN ANY WAY. FAILURE INPUT BTUs AT ALTITUDE OF 0.0 FT. = 297152. TO PROPERLY SIZE DUCTWORK MAY CAUSE SYSTEM EFFECTS AND REDUCE PERFORMANCE OF THE EQUIPMENT. OUTPUT BTUs AT ALTITUDE OF 7896 FT. = 203872. SUGGESTED STRAIGHT DUCT SIZE IS 26' x 26'. INPUT BTUs AT ALTITUDE OF 7896 FT. = 221600. 37 3/B' 5 5/8' 24 3/4' LIFTING LUG. 22' 10 15/16- 3 3/4' 8' EQUIPMENT CURB. " �4' CURB OUTER WALL. MINIMUM STRAIGHT DUCT PER AMCAs TryMIN. 261 LI 36 3/4' F ------, 19"� 01 1/2 20' WATER AIRFLOW. DRAIN. ApiFLOW. 40 1/8' 42 1/8' 2• J 172' 38 1/8' AIRROV. ~ SERVICE DISCONNECT ECT FIRED MODULE. 39 9/16' SWITCH I' NPT. BLOWER/MOTOR ACCESS DOOR 24' SERVICE e e CLEARANCE RED. AIWU3W. AIRFLOW. FILLTOR/C WIROL ~ ACCESS DOOR. � r 7 13/16' 01/2• NPr WATER INLET 4 1/4' r VATER FILTER '_', ADJUSTABLE 79' REDUIRED PROVIDED LEG. BY PLUMBER. NEC GRADE (7918.0) 0' - 0" T/ PARAPET (307) 14' - 9" T/ PARAPET (305) 13' - 6" VIEW PLANE 305 PARAPET SIGHT LINE VIEW PLANE ORIGIN (7916.8)VIEW PLANE LIMIT STAIR TO BASEMENT 305 SPACE 307 SPACE 7929.9 7924.9 307 PARAPET SIGHT LINE 305 COVERED PATIO 2' - 1 0 " + / - 5' - 4 " + / - 4' - 2 " + / - RTU-1 KEF-1 BEHIND RTU-1 16" ROUND EXHAUST TO KEF-1 MAU-1 CONTINUOUS 4'-2" TALL PARAPET WALL NOTE: EQUIPMENT HEIGHTS INCLUDE ROOF CURBS AND STANDS. 4' - 8 1 / 4 " + / - 5' - 6 5 / 8 " + / - 4' - 7 " + / - 7' - 3 3 / 4 " + / - Exhibit J Ry �_ - - �. �" iI 9 at .�,..�Q.: "�� �,. _ - - �. � � . __ ■ tt J, --�,.-oy Y-.:�"C' ,- � � n� yr,y. 1 � � 4CCa "''" R: '. W `` _ p � � � --- - . 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