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HomeMy WebLinkAboutcoa.lu.tu.305 S Mill St.0080.2015.ASLU0080 2015 ASLU 305 5 MILL STREET TEMP USE THE GREY LADY 2737 182 17 004 "��' U 0! PATH: G/DRIVE / MASTER FILES/PLANNING/ 0 C7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0080.2015.ASLU PARCEL ID NUMBERS 2737 182 17 004 PROJECT ADDRESS 305 S MILL ST (GREY LADY) PLANNER SARAH NADOLNY CASE DESCRIPTION APPLICATION FOR TEMP TENT USE REPRESENTATIVE RYAN CHADWICK DATE OF FINAL ACTION 12.01.2015 CLOSED BY KARLA HENRICHON 7.28.16 0 0 0080.2015.ASLU 2737-182-17-004 �.pe File Edit Record Narriyate Form Reports Format Tab Help ;1X D GJ - (i Jump 1 Main i Custom Fields IRouting Status Actions Routing History fee-S—,T Permit type aslu Aspen Land Use Peimit # 0080.2015.ASLU Address 305 S MILL ST O Apt/Suite City ASPEN State CO Zip 81611 0 Permit Information Master permit Routing queue aslu15 Applied 09/02/2015 - Project Status pending Approved Description 305 S MILL ST (GREY LADY] - TEMP USE Issued Closed/Final Submitted RYAN CHADWICK - (508] 221.1689 Clock Running Days 1 Expires 08/27/2016 Submitted via 0 wner Last name 305-7 MILL STREET, LLC Phone (312) 850-1680 Applicant First name 305 MILL ST ASPEN CO 81611 Address Q Owner is applicant? 0 Contractor is applicant? Last name CHADWICK O First name RYAN 305 S MILL ST ASPEN CO 81611 Phone (508) 221-1689 Cust # 30178 Address Email RYAN.CHADWICK@GMAIL.CO Lender Last name U First name Phone ( J Address PAID. $1300 9/2/2015 Receipt #39185 Check#5025 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERT ./ r L 30 � -� % 5. ;�h (-C,L cS r , Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ss. County of Pitkin ) I,r��. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: publication of notice: By the'publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the _ day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or, mailed .by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) 0 0 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAS or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this / 7 day of 20LJ__, by KAREN REED PATTERSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19964002767 MY COMIrission Expires February 15, 2016 WITNESS MY HAM .ND OFFICIAL SEAL My commission expires: ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 L THE CITY OF ASPEN NOTICE OF PUBLIC HEARING RE: Grey Lady Restaurant Public Hearing: December 1, 2015 @ 5:00 PM Meeting Location: City Hall, Sister Cities Room / City Council Chambers 130 S. Galena St., Aspen. CO 81611 Project Location: 305-7 S. Mill Street Legal Description: PID #273718217004, legally described as Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen Colorado Description: The applicant is requesting temporary use approval to allow a custom fabric tent to be placed over the existing trellis on the site's public amenity space from December 24, 2015 through January 3, 2016. The tent will provide additional seating for the Grey Lady restaurant. Land Use Reviews Req: Temporary Use Decision Making Body: City Council Applicant 305-7 Mill Street LC, 2001 North Halsted #304, Chicago, IL 60614 More Information: For further information related to the project, contact Sara Nadolny at the City of Aspen Community Development Department,130 S. Galena St., Aspen, CO, (970) 429.2739, Sara. Nadolny@cityofaspen.com. Published in the Aspen Times on November 14, 2015 0 1J AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PRO ERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: t -If , 20 /-S STATE OF COLORADO ) ) ss. County of Pitkin ) I,� �,..L Z--, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land'Use Code in the following manner: Ml'-4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. VIPosting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of -�, , 20%�, to and including the date and time of the public hearing. A photogr ph of the posted notice (sign) is attached hereto. Imailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • 9 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. AIA Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. T Signature The foregoing "Affidavit of Notice" was acknowledged before me this � day of N o u-Q m bc r , 20LS—, by y a I A &, ck i c_ K WITNESS MY HAND AND OFFICIAL SEAL HAROLD ALVAREZ Notary Public - state of New York NO. 01AL6268423 My commission expires: Qualified in Queens County FMy Commission Expires Notary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY CR., §24-65.5-103.3 THE CITY OF ASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEARING RE: 305-7 S. Mill St. Public Hearing: City Council — December 1st, 2015 at 5:00 pm Meeting Location: City Hall —130 S. Galena St, City Council Chambers Project Name: Grey Lady Restaurant Project Location: 305-7 S. Mill St, Parcel ID#273718217004, legally described as Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen Colorado Description: The applicant is requesting temporary use approval to allow a custom fabric tent to be placed over the existing trellis on the site's public amenity space from December 24, 2015 through January 3, 2016. The tent will provide additional seating for the Grey Lady restaurant. Land Use Reviews: Temporary Use Decision Making Body: City Council Applicant: 305-7 Mill Street LLC, 2001 North Halsted #304, Chicago, IL 60614 More Information: For further information related to the project, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com. PUBLIC NOTICE Date: December 1, 2015 Time: 5:00 pm Place: City Hall, 130 S. Galena St, Council Chambers Purpose: 305-7 Mill St LLC, 2001 N . Halsted #304-,--Chicaqo IL 60614, as owner of thi�operty, will appear before City Council at the above date &time to request Temporary Use approval that would ermit a custom fabric tent to be maintained over the trellis on this site from 12/24/2015 thru 1/3/2016. For further information contact the cat of Aspen Planning Dept. at 970-920-5090. k7 MILL STREET LLC ONDNER PROPERTIES LLC BARNETT•FYRWALD HOLDINGS INC 17017 SE 26TH ST 2222 COTTONOALE IN 8200 2001 NORTH HALSTED s3134 CI,ICAGO, IL 60614 BELLEVUE. WA 98008 LITTLE ROCX, AI:--=02"01' HALL CHARLES L 434 EAST COOPER AVENUE LLC WILLIAMS DEXTER M 2001 N HALS IED STE 304 82 W LUPINE OR PO BOX 1819 ASPEN, CO 81612 CHICAGO, IL 60614 ASPEN, CO 81611 KANDYCOM INC VALLEY INVESTMENTS LLC 312 EAST HYMAN AVENUE LLC 766 SINGING VvOOO DR 602 E COOPER 9202 2001 NORTH HALSTED S 304 ARCADIA. CA 910M ASPEN, CO 81611 CHICAGO, IL 60614 CARLSON BRUCE E TRUST CITY OF ASPEN 426 EAST HYMAN AVE LLC PO BOX 3587 130 S GALENA ST PO BOX 4068 ASPEN, CO 81612 ASPEN, CO B1611 ASPEN, CO 81612 COX JAMES E LIVING TRUST MILL STREET PLAZA ASSOC LLC 413 EAST HYMAN AVENUE LLC 730 E DURANT AVE 602 E COOPER #202 2001 NORTH HALSTED $304 ASPEN, CO 81611 ASPEN, CO 81611 CHICAGO, IL 60614 411 EAST HYMAN AVENUE LLC 409 EAST HYMAN AVENUE LLC 407 HYMAN LLC 2001 N HALSTED M 20D1 N HALSTED $304 410 MOORE OR CHICAGO, IL 60614 CHICAGO, IL OW14 ASPEN, CO 81611 410 AH LLC CM LLC WENDELIN ASSOC PO BOX AW 230 S MILL ST 1173 PITTSFORD VICTOR RD STE 250 ASPEN, CO 81612 ASPEN, CO 81611 PITTSFORD , NY 14534 FOOTLOOSE MOCCASIN MAKERS INC 400 EAST HYMAN LLC MTN ENTERPRISES BOB 44 SILVERADO CT 400 E HYMAN AVE STE # A202 PO DOX 5739 CANON CITY. CO 812129484 ASPEN, CO 81811 EAGLE, CO 816315739 DOLE MARGARET M KANTZER TAYLOR M FAM TRST 01 400 HYMAN LLC 400 E HYMAN AVE s302 216 SEVENTEENTH ST 6829 QUEENFERRY CIR ASPEN, CO 816111989 MANHATTAN BEACH, CA 90266 BOCA RATON. FL 33496 400 HYMAN LLC PROSPECTOR FRACTIONAL OWNERS ASSO ASPEN GOLDEN HORN LLC PO BOX 351 301 E HYMAN AVE 8108 942U WILSHIRE BLVD 4TH FL RIFLE, CO 816500351 ASPEN, CO 81611 BEVERLY HILLS. CA 90212 WHEELER SQUARE - CASPEFI FAMILY LLC CHARLIES COW COMPANY LLC KAUFMAN GIDEON 1 315 E HYMAN 315 E HYMAN AVE 315 E HYMAN AVE STE 305 ASPEN, CO 81611 ASPEN, CO 61611 ASPEN, CO 81611 KAUFMAN GIDEON 1 315 E I IYMAN AVE 0305 ASPEN. CO 81611 415 EAST HYMAN AVE LLC PO BOX 4068 ASPEN, CO 61612 COTTONWOOD VENTURES II LLC 419 E HYMAN AVE ASPEN, CO 81611 WHEELER SQUARE CONDO ASSOC COMMON AHEA LIMELIGHT SU"UD COMMON AREA COLLINS BLOCK CONDO ASSOC COMMON AREA 204 S MILL ST ASPEN, CO 81611 KATIE REED PLAZA CONDO ASSOC COMMON AREA 301 E HOPKINS AVE ASPEN, CO 81611 FIERCELY LOCAL 326 E HYMAN AVE ASPEN, CO 81611 314-200 HEXAGON LLC 25880 W 104 TERR OLATHE. KS 66061 KATIE REED BUILDING LLC 418 E COOPER AVE *207 ASPEN. CO 81611 419 EAST HYMAN AVENUE LLC 2001 NORTH HALSTED $ 304 CHICAGO, I L 60514 419 AH LLC PO BOX 4068 ASPEN. CO 81612 ASPEN COMMERCIAL CONDO ASSOC COMMON AREA TOM THUMB BUILDING CONDO ASSOC COMMON AREA DUVIKE CONDO ASSOC COMMON AREA 420 E HYMAN AVE ASPEN, CO 81611 ROARING FORK CONDOS ASSOC COMMON AREA 415 E HYMAN AVE ASPEN, CO 81611 F 3 M VENTURES LLC 415 E HYMAN AVE ASPEN, CO 81611 PARAGON PENTHOUSE LLC 9950 SANTA MONICA BLVD BEVERLY HILLS, CA 90212 COTTONWOOD VENTURES 11 LLC 300 CRESCENT CT #850 DALLAS,TX 75201 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 SILVER SLAM COMMERCIAL LLC 60 COLUM BUS CIR NEW YORK. NY 10023 GOLDEN HORN BUILDING CONDO ASSOC COMMON AREA 400 E COOPER AVE ASPEN. CO 81611 PARAGON BUILDING CONDO ASSOC COMMON AREA 419 E HYMAN AVE ASPEN, CO 81611 314 HEXAGON LLC COLORADO MOUNTAIN NEWS MEDIA CO 25880 W 104 TERR 580 MALLORY VVY OLATHE, KS %061 CARGON CITY, NV 89701 MOTHER LODE CONDO ASSOC INC 314-PH HEXAGON LLC 2SB80 W 104 TER 25880 W 104 TERR OLATHE, KS 66061 OLATHE, KS 66061 MOTHER LODE CONDO ASSOC COMMON AREA 314 E HYMAN AVE ASPEN, CO 81611 NH ONION VENTURES 11 LLC 601 E HYMAN AVE ASPEN, CO 81611 AP RT 29 LLC 601 E HYMAN AVE ASPEN, CO 81611 COTTONWOOD VENTURES I LLC 419 E HYMAN AVE ASPEN, CO 81611 RED ONION INVESTORS LLC 420 E COOPER AVE ASPEN, CO 81611 RG ONION VENTURES II LLC 601 E HYMAN AVE ASPEN, CO 81611 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 AVH ONION VENTURES II LLC 601 E HYMAN AVE ASPEN, CO 81611 SH ONION VENTURES II LLC 601 E HYMAN AVE ASPEN, CO 81611 G & K LAND CO LLC 0187 WILLOW LN CARBONDALE, CO 81623 0 0 MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Sara Nadolny, Planner Technician THRU: Chris Bendon, Community Development Director RE: Temporary Use Request — Grey Lady Restaurant, 305 S. Mill St., Resolution No. 135, Series of 2015 MEETING DATE: December 1, 2015 APPLICANT: 305-7 Mill St LLC, 2001 N. Halsted #304, Chicago, IL 60614 REPRESENTATIVE: Ryan Chadwick LOCATION: 305 S. Mill St. CURRENT ZONING: Commercial Core SUMMARY: The Applicant is seeking a 10-day temporary use approval to erect a plastic and canvas tent with external velvet drapes over the site's public amenity space from December 24, 2015 through January 3, 2016. STAFF RECOMMENDATION: Staff is recommending denial of this application, finding that it does not meet the criteria for temporary use approval. Alternatively, Staff suggests Council may choose to approve this request as part of a larger plan to allow all restaurants and caf6s in the city to erect similar tent structures on their sites for the same ten-day period, which extends through the Christmas and New Year's holidays. Photo: Image of tent on site from January 2015 approval. Structure materials have been updated, per Exhibit B, attached. REQUEST OF CITY COUNCIL: The Applicant is requesting Temporary Use approval in accordance with Chapter 26.450 of the Land Use Code for a period of ten (10) days. The code allows City Council to grant a temporary use request for up to 180 days. City Council is the final review authority in this matter. PROJECT LOCATION: The subject site is located in the historic. Commercial Core zone district, at the corner of the Mill Street pedestrian mall and E. Hyman Avenue, across from the Wheeler Opera House. BACKGROUND: This matter has been before City Council twice prior to this request. In October of this year City Council denied the Applicant's request to erect this tent on the site for the duration of the winter season. Council was concerned with the tent's use of plastic and canvas materials and questioned the temporary nature of the structure that keeps reappearing seasonally. PREvious APPROVALS: In January, 2015 Council granted the Applicant temporary seasonal approval for this tent to be erected- on -site through April 15th of the same year. Council was clear that this was a one-time approval and that the Applicant should not return to renew this request. Prior to this review Staff approved a seven-day tent permit for the site. After the tent was not removed the matter was directed to Council for review. CURRENT REQUEST: The Applicant is requesting temporary use approval to erect a tent over the site's approved public amenity space from December 24, 2015 through January 3, 2016. City Council reviewed this structure last January and most recently last October for a seasonal use request. Since those reviews the Applicant has proposed physical changes to the structure and the operation of the space. In response to Council's concern over the structure's plastic and canvas materials, the Applicant has proposed the addition of weather -treated blue crushed velvet curtains to the exterior of the tent's plastic windows. The curtains are proposed to be tied back with heavy rope. The Applicant suggests this may help to alleviate Council's concern regarding the materials, and may cause the structure to better relate to the character of the historic district. Image right: Artist rendering of tent with external crushed velvet curtains. The Applicant is further proposing the space to be utilized by the general public during the restaurant's non -operating hours. The Applicant has indicated there will be wi-fi internet connection available, table and chairs, heaters and hot beverages, and the public may make use of this space to meet, work, wait for the bus, etc. STAFF FINDINGS: Staff s concerns remain unchanged from those discussed at the previous hearings. The structure's primary materials (canvas and plastic) do not reflect those traditionally found in the zone district, and the addition of the exterior velvet curtains does not cause the structure to better relate to the character of the district. In fact, the proposed exterior drapes 2 contribute to a more privatized sense of space in an area that is intended to be used as public amenity. The Code no longer permits the use of fabric and plastic "add-ons" such as tents and airlocks, and the Applicant has been repeatedly directed by Staff and Council to find a more permanent solution with a design that is compatible with and sensitive to the historic commercial character area. The restaurant is located in a high -traffic vehicle and pedestrian area and should be created to better reflect the materials, design, and overall architectural vernacular of the historic downtown core. Temporary use is a way of bypassing design review and employee mitigation requirements associated with the increase in commercial space. This request has been granted in the past as a one-time use. The Applicant did not immediately remove the tent when the original temporary use expired. The Applicant's recurring requests calls into question the intent of this structure as a temporary use. STAFF RECOMMENDATION: Staff remains unsupportive of this request as proposed. Council may choose to approve the request with the condition that the tent be removed fully on the eleventh day, January 4`h, after the temporary use has concluded. Staff suggests Council hear testimony from the applicant concerning removal plans and consequences. Alternatively, Staff may support this request with the condition that City Council allow all restaurants and cafes within the City of Aspen to utilize each site's exterior private property in the same manner, limited to December 24, 2015 through January 3, 2016, with all temporary structures to be fully removed by January 4t'. Not only will this create a more equitable situation for all restaurant/cafe owners who may be interested in this opportunity, but it will serve as a trial run for these businesses during the holiday season. PROPOSED MOTION (WORDED IN THE AFFIRMATIVE): "I move to approve Resolution #135 Series of 2015 to allow the erection of the tent over the public amenity space at 305 S. Mill St. from December 24, 2015 through January 3, 2016, with its complete removal by January 4, 2016. Attachments: Exhibit A — Review Criteria Exhibit B — Rendered Image of Tent on Site Exhibit C — Application 3 0 • RESOLUTION NO. 135 (SERIES OF 2015) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE OF A PLASTIC AND FABRIC TENT AT 305-7 S. MILL STREET, ASPEN COMMERCIAL CONDOMINIUMS UNIT A AND COMMON AREA, BLOCK 19, CITY AND TOWNSITE OF ASPEN, COLORADO. Parcel ID:273718217004 WHEREAS, the Community Development Department received an application from 305-7 Mill St. LLC, with Ryan Chadwick as the representative, 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 24, 2015 through January 3, 2016; 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 finds that the extended temporary use proposal meets or exceeds all applicable development standards associated with the request; 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 -site over the existing trellis that covers the public amenity space on the subject site from December 24, 2015 through January 3, 2016. Section2: 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 1 • 0 approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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. APPROVED BY the City Council of the City of Aspen on this 1 st day of December, 2015. Steve Skadron, Mayor Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney 0 C� Exhibit A Review Criteria Section 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Response: The tent was erected on the site in the same location last winter season, so Staff has had the benefit of viewing this and its operational characteristics on -site. The proposed tent is adjacent to the indoor commercial space, will cover the outdoor trellis and measures approximately 800 sq. ft. The tent has been designed from a heavyweight gray canvas fabric with clear plastic windows and sides that can be rolled up. The applicant is also proposing to dress the exterior windows with floor length crushed velvet drapes. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant. The proposed structure covers the trellis with solid, opaque fabric which represents an increase in the commercial space of the restaurant using materials that are not compatible with the structures within the historic Commercial Core. The applicant is proposing to allow the structure to be used by the general public during the hours the restaurant is closed. The space is proposed to have free wi-fi internet access, table and chairs, heaters, and potentially hot beverages. However, the primary use will remain as an extension of the restaurant space. Given the impacts to the historic district, Staff finds this criterion to not be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires public amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent with the heavy drapes create a private space that is neither open to the sky, nor contributing to the vitality of the area. Staff has worked with business owners to rid the town of these sorts of temporary structures. Particularly within the historic zone district, a canvas and plastic structure is out of character with the surrounding architecture. Stafffinds this criterion to not be met. 1 0 0 C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The subject site is located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave, across from the Wheeler Opera House. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however this is generally compatible with the nature of businesses in the surrounding area. Of most concern is the neighborhood character piece of this criterion. Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure does not fit with the character of the district, and the addition of the velvet drapes does not reflect a material historically used within the district. The applicant has brought this request before Staff and Council multiple times now. The proposed exterior changes do not cause the structure to be any more compatible with the character of the area. Staff finds this criterion to not be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The Applicant is proposing to maintain the tent structure on the property for a ten day period from December 24, 2015 through January 3, 2016. Prior to this application City Council granted a temporary use approval for the same request on January 26, 2015 through April 15, 2015, as a one-time allowance. Preceding Council's approval Staff had administratively granted a seven-day tent permit for this parcel from December 26, 2014 through January 1, 2015. The tent was never removed from its location on the parcel which led to the request before City Council. The matter recently went before Council in October to request the structure to be maintained on -site through the duration of the winter season. Council denied this request. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. This mix of uses is to encourage a high level of vitality throughout this district. Restaurant use fits the purpose of the zone district. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. 2 Staff Response: The use of the tent as an extension of the restaurant is in itself not an incompatible use within the zone district. However, these types of temporary structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the Commercial and Commercial Core zone districts. This tent is a temporary fix to an ongoing problem. The space is used as outdoor dining during the warmer months, and the tent is an expansion of commercial space during the winter season without mitigation for such an increase. Furthermore the applicant continues to request a temporary use approval instead of heeding Staff and Council's direction to find a permanent solution to this issue of outdoor seating during the winter season. Staff finds this criterion to not be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed tent will allow patrons of the Grey Lady restaurant to use the outdoor dining space during the winter months. The space is not currently approved for indoor commercial use, therefore the applicant is creating a solution to a problem that should not exist without proper approval and mitigation for the space to be used in the proposed manner. Furthermore this is the fourth request of the applicant to erect the structure on site, and the third request of City Council. Staff finds this criterion to not me met. V Exhibit B Rendered Image of Tent on Site i • • CirY OF ASPEN CQKMUWTY QEKELQPMENT DEPARTWENT GENERAL LAND USE APPLICAT1oN PACKET 410v ( 3 THE CrTY of AwN Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second door of City Hall and on the internet at www.aspenpitkin.com , City Dqw=efts, City Clem, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materiaks and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable arrioun# of staff tim. to process Review fees. for other City departments reviewing the application (referral departments) will also be collected when necessary- Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if, in the opinion of the Community Development Director, the project is expected to take sigtufwantiy less time to process than the deposit Indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Aoolication Fees. One payment Including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than Is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. Y t !m& W­ III S " A Agreement to Pay Application Fees An agreement between the city of Aspen (-crty-) ana Property Ryan Chadwick Phone No.:508-221-1689 Owner (`I"): Email: Address of Billing 305 S. Mill St. Address:same Pfopwtyl Aspen, CO 81611 (subject of p (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 0 flat fee for Select Dept $ 0 flat fee for -Select Dept $ 0 flat fee for Select Dept $ 0 flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: T-) I I--, - Name:tVan a WIC 1 0lanunr> '015 Cite ol'.\;pen i I ; S Galen i Si • LJ ATTACHMENT 2 —LAND USE APPLICATION PRo.1Ecr. Name: Grey Lady Lion: 305 S. Mill St. Aspen, CO 81611 street address lot & block number, legal description where appropriate) Parcel 1D #(REQUIRED) AMrrL,M,A+n i - Name: Ryan Chadwick Address: 426 E. Hyman Ave #301 Aspen, CO 81611 Phone #: Name: N/A Address: Phonc #: TYPE OF APPUCAMIN: (please check all that apply): 0 GMQS E_y'Mom Cl CkWkcqxkW $LID Ez TqWMKy Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other. I El Conditional Usc ExiST NG CoNiDmOHS: (description of existing buildings uses, previous approvals, etc.) Wooden trellis area PROPO6AL: (description of proposed buildings, uses, modifications, etc.) Cover wooden trellis for 10 days with awning material. December 23rd-Jan 3rd Have you attached the following? t`EES DUE: ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment K Submittal Requuements- -Including Written Re > to Review Stan-4r4� ❑ 3-D Model for large project All plans that are larger than &5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D modeL Your pre -application conference summary will indicate if you must submit a 3-D model. • • Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM G rev Lad 305 S. Mill St. Aspen, CO Slock 19 (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: N /a Proposed.• N /a Number of residential units: Existing: N/a Proposed.• N/a Number of bedrooms: Existing: N/a Proposed: N/a Proposed % of demolition (Historic properties only):_________ _ DIMENSIONS: Floor Area: Existing.• N/a Allowable: N/a Proposed: N/a Principal bldg. height: Existing: N/a Allowable: N/a Proposed: N/a Access. bldg. height: Existing: N/a Allowable: N/a Proposed: N/a On -Site parking: Existing: N/a Required: N/a Proposed.• N/a % Site coverage: Existing: N/a Required.• N/a Proposed.• N/a % Open Space: Existing: N/a Required: N/a Proposed: N/a Front Setback: Existing: N/a Required: N/a Proposed: N/a Rear Setback: Existing: N/a Required: N/a Proposed.- N/a Combined F/R: Existing: N/a Required.. N/a Proposed.• N/a Side Setback: Existing: N/a quire : N/a Proposed: N/a Side Setback: Existing., N/a bW., N/a Proposed: N/a Combined Sides: Existing: N/a Required: N/a Proposed: N/a Distance Between Existing N/a Required: N/a Proposed: N/A Buildings Existing non -conformities or encroachments: Variations requested: Covering a trellis for temporary 10-day use. • • 1� r° 6 oa &0 00 m Q f' .w Z uy W p 0 LU c. U 0 a a� JU b J v�i CL a u uj a a 0 0 $� e a 0 .� p as LU =sa cc 0 a== U a �b o � � a� U o., N y a g z 94 N N �"� N .r N .� N N N �+ N �S N fV N o�p�U w �`a •� M M o � M M N °o � 0 yCo T" M M h rn a M .� rr a N 00 z M ob ob 0o ao .-i .-i 0-1 O Q 00 •� 0o "0 N N N N [h �O .� N C4 :6 o v < N M N M r r r tz M� a oc7 Urn w ° v3 v, o F E • a � '~ U U a N � PC o V 96 Cf ,o 41.0 C�U(UjU � A p W 1:6 a � U ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. Lard Use Application with Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the reprexeotative authorized to ad on behalf of the applicant. 2. The an eel address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of owiserskip of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the rrmes of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An 8 112" s 11" vicinity map locating the subject pared withm the City of Aspen. 5. A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (Ibis requirement, or any part thereof, may he waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting tie proposed layout and the project's physical relauonship to the land and it's surroundings. 7. A writtea description of tie proposal and a written explanation of how a proposed development complies with the rrview standards relevant to the development application. 8. Pia■ with Existing and proposed grades at twofoot cxx*)urs, with &c-foes intervals for grades over ten (10) pact. 9. Proposed elnadniss of the development 10. A deseriptfoa of proposed cossartsctim bx*W gees to be used. I. A Pisa with the 10011-year floodplaim Uwe and the high water lure. 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in rotation to man as level to which any structure is constructed; a demonstration that all new construction or substantial improvements wit} be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved; a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening ofno less than fifty (50) percent of the development as viewed fiom the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 16. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 17. A tkctcb piaa of the site showing existing and proposed features which are relevant to the review. 18. (he (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lards owned by or under option tau the applicant, commonly known landmrtc, and the -one district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and strucuacs in the proposed subdivision. lbe plat shall be drawn at a scale of one (1) equals on. hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the fast sheet A vicinity map shall also appear on the fast shed showing the subdivision as it relates to the rest of the city and tic street system in the area of the proposed subdivision.'fbe contents of the plat shall be of sufficient detail to ddamine whether the proposed subdivision will meet the design standards ptcarraot to Land Use Code Section 26A80.060(3)20. Subdivision QIS Data. 21. A hodsape pia showing iocatian, size, and type of proposed landscape features. 22. A subdivision plat which mans the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wornHtag of cry proposed amenduseat. 24. Shoe Plan or pima drawn to a scaic of one (I-) inch equals tom (10') fax or one (I-) inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, btanamismon buildings and/or other accessory uses, &--A, parking, fences, signs. lighting, landscaped area and all sdjacent land uses within one -hundred fifty (150') feet Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Cat rdiutlom Sta' , of regarding the regulations of the Federal Aviation Administration (FAA) and the Foxleral Commtnacatitm Commission (FCC). 26. Striect ral Integrity Report fiom a professional engm= licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wirek-m telecommunication services facility site including coverage/ interfamce analysis and capacity analysis and a brief statement as to other reasons for success or no success_ 28. Ndsiboriaed 61oek pia at 1 "-50' (available from City Engineering Depamnmt) Urapbially show the fivot porticaM of all existing buildirtgc on both sides of the block and their setback fiom the street in feet Identify parting and fimt entry far each building and locate any accessory dwelling units along the alley. (Condoned M next page.) 0 0 Indicate whether any portion of the 33. [Aar{or IJghdog nw. Show the houses immediately adjacent to the locsUO14 height, type and lu anus subject parcel are one story (only one micnaity of eacb above grade fixture. living level). Estimate the site iuuminsticn as meastued in foot cmdlea and include minimim. 29. Raof !last maximum, and average illu miaatiaa. Additionally, provide comparable 30. TYs panuon ns.both Sides examples already in the community that ofiftpYk elevation of t(t buildings um both sides of d e and/ the block, including present condition of or light level if they exist. the subject property. Label photos and mount on a presentation board 31. A eoodomlahm RdxVYbI= exemption plat drawn with pertnauent ink on rcproductblc mylr. Sboct sic shall be twenty-four (24) mcbes by thirty-six (36) inches wish an unatcumbc od margin of one and one-half (1 1/2) inches on the left hand side of the sheet and a one-half (112) inch margin wound the other three (3) sides of the sheet pursuant to Land Use Cade Section 26.480.090. 32. A descripdon and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainagc. 33. An arddtectural eianeter plan generally indicating the use, missing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (1 S) days prior to the hearing date (please see Attachment 6 for instructions). The 0 • Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. E 0 ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. 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 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. Name:305-7 Mill Street LLC Property Owner ("I'T Email: nturkenCa.mdevco.com Address of 305 S. Mill St., Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) Phone No.: (312) 850-1680 ❑ This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the J improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the _-Asp.en-does-not=-interpret, enforce, or manage the applicability, meaning or effect of private ove nts or homeowner association rules or bylaws. I understand that this document is a public o nt: - Owner signature: date: Owner printed name: Mark Hunt, Manager or, Attorney signature: Attorney printed name: date: it7Q�;of.lA�ti Ir1C'�ll[l�� ier atasoi lsftr paN6ies. Aft ... S �` .Name: Email: IV rq g IC � C�yY1yB,/G0� (OX�hona Na: !"' Y Address of � ( .Proubject of �S'7gt'�, �-d ��► t/ _ ' ::, application) 1 certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. Vf This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or prKmte coverant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I enders d City of Aspen does not interpret, enforce, or manage the Y applicability, meaning or effect of riv covenants or homeowner association rules or bylaws. understand that this document is P is doci►rnent. Owner signature: date: Owner printed name: -� Attorney signature: date: A#pmey printed name: �¢ M . l.�t�J{. �A'Ci Y4 - � s Ji��4et 5' r'10• a � � 1 �• �ti:rt? L�;]4Frc CI To: City of Aspen October 28th, 2015 RE: Grey Lady Temporary Covered Trellis - 305 S Mill Street Thus written response is an explanation of proposed dates (10 days) and description of the structure. The proposed dates for the trellis to be covered at 305 S. Mill Street are December 23rd 2015 - Janurary 3rd 2016. The covering for the trellis is made out of awning material, both black and transparent (windows). The tent's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. Respectfully, Ryan Chadwick Ryan.Chadwick@gmail.com TO: FROM: THRU: MEMORANDUM Mayor and City Council Sara Nadolny, Planner Technician Chris Bendon, Community Development Director MEETING DATE: October 26, 2015 " Grey Lady Restaurant — Temporary Use Request APPLICANT/OWNERS: 305-7 Mill St. LLC, The wooden trellis was approved by HPC with 2001 North Halsted #304, Chicago, IL the condition that it would have no roof or sides, 60614 and the space would remain open to the sky, as per the requirements of public amenity. REPRESENTATIVE: Ryan Chadwick LOCATION: 305 S. Mill Street CURRENT ZONING & USE: Commercial Core (CC) zoning with a Historic District overlay; use is Commercial (Restaurant) PROPOSED LAND USE: The site will continue to be used for a commercial restaurant. SUMMARY: The Applicant is seeking a second Temporary Use approval from City Council to erect a plastic and canvas tent over the parcel's public amenity space from December 15, 2015 through April 15, 2016. Council may approve a temporary use for up to 180 days. Council previously granted the applicant approval for the same temporary use request last winter season from January through April 2015. Council was very clear that the last approval was a one-time allowance. The City has discussed the use of plastic canopies, airlocks and tents as a way of avoiding design review and employee mitigation requirements. STAFF RECOMMENDATION: Staff recommends the City Council deny the request for extended Temporary Use approval. Alternatively, Council could grant the request either with or without an affordable housing requirement. Figure A: Image of tent on -site during 2015 approval Page 1 of 3 • LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval from City Council: • Chapter 26.450 — Temporary and Seasonal Uses. Temporary use may be granted for a period not to exceed one hundred eighty (180) days from the date upon which the City Council approves the temporary use, unless a shorter period is specified in the approval. PROJECT LOCATION AND BACKGROUND: Street pedestrian mall and E. Hyman Avenue, within the Commercial Core Historic District. On January 26, 2015 City Council granted the applicant temporary use approval to allow the same tent to be erected over the site's public amenity space through April 15, 2015. The temporary use process enables an applicant to bypass design review and employee mitigation requirements. City Council was very clear that this approval was a one-time allowance. In April 2013 the owner of a former restaurant at this location received approval from the Historic Preservation Commission (HPC Resolution No. 15, Series of 2013) to construct a wooden trellis over the site's public amenity space which was used for outdoor seating. The final approval was based in part on the structure remaining open to the sky (no roof) and without sides. HPC reviews included Minor Development and View Plane approvals. The subject parcel is located at the corner of the Mill In January 2013 the same former restaurant owner received a seasonal temporary use from City Council that allowed a custom fabric airlock to be used on the site through March of the same year. At Staff s recommendation, Council granted this as a one-time temporary use, and directed the application to find a permanent solution for future needs. CURRENT REQUEST: The applicant is currently requesting another temporary use approval that will allow the plastic and canvas tent to be placed on the site, covering the trellis and the public amenity space, from December 15, 2015 through April 15, 2016. STAFF COMMENTS: Staff has reviewed the application and finds the request to be inconsistent with the review criteria for temporary use. The subject site is located within the historic Commercial Core zone district, and there are specific standards that apply to structures within this district. To minimize visual impact, the Code no longer allows the use of fabric and plastic "add-ons" such as tents and airlocks, which have been phased out in favor of more permanent structures and materials. Allowing this tent for a second temporary use permits the applicant to Page 2 of 3 once again avoid design review and mitigation associated with the increase in commercial net leasable space, and is counter to previous City Council direction. The proposed tent will cover the required public amenity space associated with this parcel. The Code requires public amenity space to be open to the sky and open to view. Covering the space with a roof and sides is counter to the design and operational standards for public amenity space, per the Code, as well as the HPC approval for this property. Temporary use was granted by Council for the applicant's previous request with the understanding that it would be a one-time request, and that the applicant would seek a more permanent solution to use the space in this manner in the future (refer to Exhibit C, Meeting Minutes from the January 26, 2015 public hearing). The issues associated with outdoor dining and events during the winter season are not unique to businesses in Aspen. Business owners want to provide a comfortable space for their patrons. However, the proposed tent covers a space that has never been approved as indoor commercial use, nor mitigated for. Staff continues to suggest the applicant find a permanent, Code - compliant solution that better fits into the character of the historic Commercial district, and go through the proper land use process to legitimize the proposed area as indoor commercial space if the intent is to continue utilizing the space for this purpose. Alternatively, Council may decide to grant the request either with or without an affordable housing requirement. Should Council consider requiring mitigation for the floor area increase, Council may consider the method used in Exhibit D which estimates affordable housing mitigation for one third of the calendar year at $7,735.60. STAFF RECOMMENDATION: Staff recommends the City Council DENY the application's request to erect a plastic and canvas tent on the subject site. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Resolution No. 126, Series of 2015, granting a second temporary use for a tent on the site of 305-7 S. Mill Street from December 15, 2015 through April 15, 2016." ATTACHMENTS: • Exhibit A — Image of Tent on Site • Exhibit B — Review Criteria • Exhibit C — Meeting Minutes from Jan 2014 Public Hearing • Exhibit D — Affordable Housing Mitigation Formula • Exhibit E — Application Page 3 of 3 Exhibit A Image of Tent on Site u J" 0 • Exhibit B Review Criteria Section 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. Staff Response: The tent was erected on the site in the same location last winter season, so Staff has had the benefit of viewing this and its operational characteristics on -site. The proposed tent is adjacent to the indoor commercial space and will cover the outdoor trellis. The tent has been designed from a heavyweight gray fabric with clear plastic windows and sides that can be rolled up. The applicant intends to use the tent as an extension of the indoor heated seating space for the restaurant. The proposed tent will cover the approved public amenity space that was a requirement for the development of the commercial building on the site. In 2013, a former tenant of the space received approval from HPC (via Resolution No. 15, Series of 2013) to construct a wooden trellis over the public amenity space as a shade structure. Reviews included Minor Development Review and View Plane approval. The approval was granted in part on the trellis' design -spaced wooden posts with no sides. The tent in the current proposal covers this light, airy structure with solid, opaque fabric which represents an increase in the commercial space of the restaurant using a material that would not be permitted as a permanent structure within the historic Commercial district. Temporary structures of this nature are considered by Staff for short-term approval; however, overall they are found to detract from the permanent architecture of the historic Commercial Core district. Staff finds this criterion to not be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Response: The proposed tent will increase the commercial space of the Grey Lady restaurant. A restaurant is compatible with the character of the Commercial Core zone district and its historic overlay. However, as mentioned previously, the covered space is intended as public amenity space for the parcel, and in this sense, is incompatible with the approved use for this area of the site. The Code requires public amenity spaces to be open to the sky, open to view, and to contribute to an active street vitality. The closed sides of the tent create a private space that is neither open to the sky, nor contributing to the vitality of the area. Staff has worked with business owners to rid the town of these sorts of temporary structures. Particularly within the historic zone district, a fabric and plastic structure is out of character with the surrounding architecture. Staff finds this criterion to not be met. 1 C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. Staff Response: The tent is located on private property adjacent to the S. Mill St. pedestrian mall and E. Hyman Ave, across from the Wheeler Opera House. Staff does not anticipate any impacts on pedestrian or traffic patterns, or on municipal services. Noise levels may increase in this particular area since the tent is made of fabric and not a permanent structure; however this is generally compatible with the nature of businesses in the surrounding area. Of most concern is the neighborhood character piece of this criterion. Staff has worked with business owners to eradicate these temporary structures on other properties, from airlocks to awnings with sides, and encourages permanent solutions. The Commercial Core is a historic district and all buildings and structures are required to pass a heightened review process involving commercial design guidelines and historic preservation review. This fabric and plastic structure does not fit with the character of the district, particularly for a use that is greater than a short, one- to two -week duration. Staff finds this criterion to not be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Staff Response: The Applicant is proposing to maintain the tent on the property from December 15, 2015 through April 15, 2016. Prior to this application City Council granted a temporary use approval for the same request on January 26, 2015 through April 15, 2015. And before the Council approval Staff had granted a seven-day tent permit for this parcel from December 26, 2014 through January 1, 2015. The tent was never removed from its location on the parcel which led to the request before City Council. On January 14, 2013 City Council approved a seasonal temporary use for the former restaurant in this location, Above the Salt, for a temporary custom fabric airlock through March of that year. At Staffs recommendation, Council granted this as a one-time temporary use, and directed the applicant to find a permanent solution. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Response: The purpose of the Commercial Core (CC) Zone District is to allow the use of land for retail, service commercial, recreation and institutional purposes within mixed -use buildings to support and enhance the business and service character in the historic central business core of the City. This mix of uses is to encourage a high level of vitality throughout this district. Restaurant use fits the purpose of the zone district. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. Staff Response: The use of the tent as an extension of the restaurant is in itself not an 2 0 • incompatible use within the zone district. However, these types of temporary structures (fabric/plastic tents, airlocks, etc.) have been generally disallowed in the Commercial and Commercial Core zone districts. This tent is a temporary fix to an ongoing problem. The space is used as outdoor dining during the warmer months, and the tent is an expansion of commercial space during the winter season without mitigation for such an increase. Staff encourages the applicant to explore a permanent solution to this issue of outdoor seating during the winter season. Staff finds this criterion to not be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Response: The proposed tent will allow patrons of the Grey Lady restaurant to use the outdoor dining space during the winter months. The space is not currently approved for indoor commercial use, therefore the applicant is creating a solution to a problem that should not exist without proper approval and mitigation for the space to be used in the proposed manner. Staff finds this criterion to not me met. 3 • • Fh�b�-f C. Regular Meeting Aspen Cite Council January 26, 2015 Councilman Frisch asked about the next steps and timing. Mr. Bendon said they will come back with an ordinance for first and second reading. First reading at the end of February and March ninth for the public hearing. Councilman Frisch said it is not about being an elitist elected official but a democracy. He would rather repeal something six weeks after it passed but allow for a healthy discussion. He welcomes the process of seeing what Staff can come up with. Councilman Romero said Councilwoman Mullins made the best appeal and he's willing to support it. It is the proper and proactive choice. There will be a question on the ballot regarding the charter. The best thing is to give a good qualified choice. He supports going forward with the policy resolution. Mayor Skadron stated he concurs with Ziska's comments. Councilman Frisch asked if there is a way to have a public dialog besides one or two meetings. He would support it if there are forums to talk about this. Mayor Skadron said it has to be someone outside Council. Councilwoman Mullins stated she feel strongly about this that it is not appropriate for the charter. The charter is defining a representative government and this is counter to that. She thinks we need to proceed and is willing to see what staff comes up with. She agrees with Councilman Frisch that we need to educate and get it out there what it means if it is part of the charter or part of the land use code. Councilman Daily said he agrees with Council. Council should see if we can't explore or develop some proposed changes we feel are long past due. If it doesn't go far enough that's fine. It is an opportunity to look at things. Mayor Skadron thank the public for the comments. It is a principle of representative democracy and a degree of intolerance here of other views. We should never be intolerant of other views. The current process preserves these values and small town character. Phyllis's comments asking to have perspective about growth heard and the result of not being listened to is the result of what has happened in the core. They are asking for four criteria and the pendulum has swung so far the other way there needs to be a way for people to be heard. Councilman Romero move to approve Resolution 13, Series of 2015; seconded by Councilman Frisch. All in favor, motion carried. Resolution #20, Series of 2015 — 305 S Mill Street, Temporary Use Sara Nadolny, community development, stated this is a 180 days temporary use permit for the Grey Lady restaurant to allow for a custom fabric tent until April 15. It is approximately 800 square feet and covers the public amenity space. They received a tent permit earlier this year and the tent has not been removed. The request is inconsistence with the criteria. The restaurant is located in the historic commercial core district. The code no longer permits fabric or plastic structures. In the past Council has had limited tolerance for these requests. The applicant would avoid going through design review and mitigation fees to increase the commercial space. It is not about liking or disliking the tent but going through the process. Staff approved a seven day tent permit. In 2013 HPC gave approval for the trellis over the amenity space that did allow for a retractable awning. That might provide a more permanent solution. As proposed, Staff is recommend denial. If Council chooses to approve, Staff has provided options. Ryan Chadwick, owner, showed photos of the space. Before the tent structure he showed a photo of lots of snow. Then one of them removing snow by hand since equipment can't go under trellis space. He showed a photo during the tent permit process. The tent has removable sides that zip and roll up with a cover across the top. There are heaters inside but they have not been on since January first or second. They are asking if they can continue to use the space and are open to suggestions. Ian Perry, manager, said they look for Councils comments to come up with a solution to have usable space instead of a snowy lot. They suspended use after the tent permit was up. They are looking to only use the space for a limited E] • 0 Regular Meeting Aspen Citv Council January 26, 2015 time of the day. They have patio seating during the summer. They are looking to keep the business alive and it is very small inside the restaurant. Avery Nelson, attorney, said in the original HPC memo from Amy it was contemplated that the trellis should not have a roof but a comment that the trellis does not provide any shelter from the weather. They are hoping for a temporary solution and work to develop a more permanent solution. They do not know the destiny of the space. Councilman Frisch said in the summer it will not be a problem. Any restaurant would like some summer rain protection. What about the mitigated space. Mr. Bendon said they expect applicants to go through full HP review including parking and affordable housing mitigation. Putting up a plastic building is a way around it and an inappropriate use of the temporary use code. They are certainly able to go to HPC for approval. The mitigation is something everyone else is expected to provide. Councilman Frisch asked if it has not operated since January first. Mr. Perry said they suspended use and put up the public notice. Councilman Frisch asked if it was approved are we expecting to see more restaurants showing up here. Mr. Bendon said there are a lot of folks in town who would like more space for patrons. Given the location and size this is hard not to see. In the past Council has had a smaller tolerance for these things. Mr. Perry stated this is leased restaurant space. It is a waste that a corner of Aspen remains snow storage. Councilman Frisch asked has anyone come up with an aesthetic solution. Mr. Bendon said he is not concerned about the aesthetics but HPC does not like going through the rigors of development and having plastic do dads stuck to them seven months of the year. Mr. Perry said they have no intention of using it on a daily basis but for overflow. The grey fabric matches the paint on the trim. Councilman Romero asked what the seat count is absent the tent. Mr. Perry replied 68. They could accommodate 20 to 30 with it but it is more for large format parties. Councilman Romero asked when the lease ends. Mr. Perry replied September. Councilwoman Mullins asked what the next step is if it is denied. Mr. Bendon said to remove the structure and go back to the trellis or go to HPC. Councilwoman Mullins said having been on HPC she is very sensitive to things that would show up without their approval. HPC is the proper way to get approved and that is what you need to do. Mayor Skadron said should Council allow this is there a degree of injustice to the previous operator who was not allowed this benefit. Mr. Bendon replied maybe, but you could say that about anyone who came up with an idea. Councilman Frisch said he is worried about the other restaurants showing up here with good ideas. Mr. Bendon said you need to consider how other people might have the same idea. Mayor Skadron opened the public comment. l . Peter Fomell stated he supports the temporary use of the structure through the end of the ski. season. There is a tremendous burden on this community to feed all the tourist here. It is critical to the tourist experience they are able to have a meal. He has lots of friends who have remarked on the difficulty on getting a reservation. It is short sided to be concern more with the physical aspect for the near term over servicing of our tourist base. We should be thinking about having the properties within the commercial core be profit centers. The stand point of concern about the requirements for parking and housing would be good if we were talking about allowing this to occur for another five years. The benefit of 30 or 40 places for someone to eat and generate sales tax is more important than if it should exist for a few months. Hard to ask them to make a dramatic step forward in improvement when the future use is potentially questionable. 2. Marcia Goshom said she would like to see it improved. If they did not come in there would be an empty space. Ryan is a young entrepreneur who stepped up to the plate and did it. It did go through HPC. This looks better than any of the construction sites we currently have. All they put on was the roof. Mayor Skadron said this request is inconsistent with the review criteria and Council should waive it. You just sat here in support of the most stringent charter amendment. Ms. Goshom said this is temporary and the charter amendment will affect this town forever. Regular Meeting Aspen City Council January 26, 2015 3. Andrew Sandler stated Ian and Ryan are innovative. He owns Grey Lady in New York City. He is constantly returning to Aspen to do something innovative. There is not a lot of profit in what they are doing. To take it away limits sales tax revenue and them to be good at what they are good at. Give it to everybody else. We are losing the town to Vail. The same people keep coming here. 18 to 35 year olds can't afford to come here. All the money of operators go to rent. Councilman Frisch said it is a fair comment to do it to everyone else. He has a hard time supporting this and not all of it. Mr. Sandler said it is not allowing the private sector to thrive but making things harder to do. Trust the citizens. The private sector does a great job of regulating itself. If it's not good people won't go. There are so many wonderful restaurants we miss. Why aren't they here. We can't afford to keep them going and should be allowed to make money. Mr. Perry said they don't want to be non -compliant. Councilman Frisch asked how the temporary use came about. Ms. Nadolny said she met with Mr. Chadwick in November and initially discussed a longer use solution. At the time he decided on seven days. Councilman Frisch asked if Staff sees a solution to turn this into a more permanent thing. Mr. Bendon said they could go down the path of a policy discussion but that would not help them tonight. Frankly, to get approvals is not a small task. We see this as a way to get around that. It is tough for Staff to answer questions from other folks as to why can't we do that. Mr. Perry said the lease is only till September and he could understand this concern if they ask for this again. Mr. Chadwick stated after the seven days tent permit they said they would like to revisit the temporary use permit. Ms. Nadolny said she pre-apped the applicant for a longer use permit and was told they did not want to go longer. Mr. Chadwick said he would have done the temporary use right away. Mayor Skadron closed the public comment. Councilwoman Mullins said they recently spent over an hour discussing land use regulations. There was quite a bit of public comment on eliminating any kind of variance. She can't support the request because it goes against the process. They applied for and received a seven day temporary use permit. There is a whole process to extend that. Mr. Bendon said they applied for a temporary use and council can grant that for 180 days. It is a work around of the code. Councilman Romero said he is sincerely empathetic to the situation of making it work. It is tough in Aspen. He is compelled to consider the extension of the new temporary request. There is a danger of precedence. The flip side is it might be a good problem. That corner has not performed that well. He could support this. This is a shiny example of a temporary use and not life alternating to Aspen. What happened to creativity. Councilman Daily said he agrees with Councilman Romero. It is not consistent with the code. He trusts their intention and is good with it through April. Councilwoman Mullins said she stands by what she said. Councilman Frisch said as much as I want you to succeed the amount of people who are going to come forward and cry foul is big. He appreciate everyone's heart but this will be opening up a can of worms. If we want to allow 15 to 20 other restaurants to come forward it might be a way to keep the town small. Mayor Skadron said the request is an extended temporary use to maintain the fabric through April 15". What happens when the permit expires. Mr. Bendon said they would expect all the materials come down. Mayor Skadron said he will support it if it is conditioned that it comes down April 15" and adhere to the approval process from this point on. This is one time for the temporary use. He said he takes offense to Mr. Sandler's aggressive comments. This town is a success for committed people who believe in standards. 10 • Regular Meeting Aspen City Council January 26, 2015 Mr. Bendon added one additional condition that it be inspected and the snow removal practices reviewed by the chief building official. Councilman Romero moved to approve Resolution #20, series of 2015 with conditions; seconded by Councilman Daily. Roll call vote; Councilmembers Mullis, no; Romero, yes; Frisch, no; Daily, yes; Mayor Skadron, yes. Motion carried. Ordinance #3, Series of 2015 — 101 W Main Street (Molly Gibson Lodge) — Planned Development, GMQS, and Design Review Sara Adams, community development, told the council they are reviewing planned development, subdivision and growth management. The applicant has been responsive to Staff and HPC and she thanked them. The lodge is located on Main Street and occupies two lots. The lodge is zoned mixed use and a portion is R6 and located on Hopkins. There is a proposal to merge the lot. It is a landmark that was created through a historic lot split. Staff is excited about the project. It is a lodging project. It will move all the lodge use onto Main Street. There will be two single family homes on Hopkins. It was approved five to one at HPC. The lodge will be 68 rooms with 15 new. The rooms will be approximately 300 square feet. There will be one affordable housing unit on the ground floor. With the merge, the Main Street parcel will be around 18,000 square feet. Staff is supportive of the architectural style and it meets the design guidelines. They are meeting the allowable height. Staff is also supportive of the setback variations requested along the alley and Main Street. The applicant is requesting some floor area variations including one for cumulative floor area. With the mixed use zone it allows for 18,000 to 22,500 through special review. The request is just under 27,000. If the request was considered as a whole they would be allowed 27,000 square feet floor area for lodging. Staff feels it is the most appropriate design and they are supportive of the floor area variances. HPC and Staff fell it will be exciting and contribute to the context. Along Hopkins it is a 9,000 square foot lot. Staff is supportive of the change to residential use and the architectural style. Staff supports the requested variances. Looking at the project as a whole they would be allowed 12,700 for the free market residential. Using the underlying zone district it is about 4,000. There is a big difference with the underlying zone district. There are some historic landmarks and larger single family homes nearby. They are allowed to maintain a deficit of parking. There is currently no onsite parking. All of the parking is in the right of way and they don't count as spaces they would have to replace. The lodge is required to have 7.5 spaces and they are providing 12. They are meeting the single family home requirement with two spaces each. Staff is supportive of the planned development, project review, lot merger and growth management amendment to remove the free market residential unit in the lodge building. The applicant is mitigating through housing credits. Because the vacant lot was a landmark and zoned historic Staff would like the landmark status to go away when the plat is filed. Mr. Bendon said the applicants approach to this project and their experience has been a 180 degree difference to the Hotel Aspen project. It has been a positive responsive approach with Staff and the review boards. Councilman Frisch said taking off the historic aspect is serious and fairly rare and asked if it happens often. Ms. Adams replied this type of scenario does not happen often. It is typically seen in the west end. HPC has prevue over what happens on this vacant lot. Councilwoman Mullins asked to clarify the FAR calculations. Ms. Adams said the floor area variances are within the allowances if the project came in as mixed use lodging on both lots. The cumulative max would be 27,000 if using the mixed use underlying zoning. Councilwoman Mullins asked if we are counting some of the FAR twice. Councilman Frisch said if this was one lot regardless it could be 39,000 of bulk and mass. Ms. Adams said it is mixed use and R6. If using mixed use it is a 1 to 1 or 27,000 max. Councilman Frisch said he is happy to look at it as one lot. They could allow up to 27,000 in lodging and up to 12,000 in residential when they are only asking for 8,000. It is 4,000 less than the 11 0 0 Exhibit D Affordable Housing Mitigation Methodology Variables: • Size of tent — estimated at 800 sq. ft. • Employee generation is calculated by FTE per 1,000 sq. ft. of net leasable space • Employees generated per 1,000 of net leasable space in CC zone district = 4.7 • $246,881= Category 2 rate, per APCHA • 3 = tent will be on -site for approximately 1 /3 of the calendar year • 40 = typical life of a building in years Methodology: 800/1000 = .8 x 4.7 = 3.76 x S246,881 = $928,272.56/40 = $23,206.81/3 = $7,735.60 Suggested Affordable Housing Mitigation: $7,735.60 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 50-5— - 3:0 � .S. (/���� 5' • , Aspen, CO SCHEDULED PUBLIC HEARING DATE: adobl 016 , 20-LC STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) being or represen ing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ✓ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the' property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) • 0 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignature The for of "Affidavit of Notice" was acknowledged be ore met day of o� , 20� by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Not Public KAREN REED PA7-TERSON NOTICEO05-7S.CllSt. HEARING RE: 305.7 S. MIII St. NOTARY PUBLIC PublicHearing: October 26, 2015, 5:00 PM STATE OF COLORADO hambers 130 S 130S GalenatSt.Asp Council Co816111 ATTACHMENTS AS APPLICABLE: NOTARY ID #19964002767 Project Location: 305-7s. Mal St. My Commission Expires Februa 15, 2016 Legal Description: PID #273718217004: Aspen Commercial Condominiums Unit A and Common pUBLICATION - Area. Block 19, City and Townsite of Aspen Colo- rado Y OF THE POSTED NOTICE (SIGN) Description: The applicant is interested in an ex- tended temporary use approval l that will allow custom fabric tent to be laced over the existing OWNERS AND GOVERNMENTAL AGENCIES NOTICED trellis on the site's public amenity space from De- cember 15, 2015 through April 15, 2016. The tent will provide an additional seating area for the Grey Lady restaurant. Land Use Reviews Req: Temporary Use Decision Making Body: City Council 'ERTIFICATION OF MINERAL ESTAE OWNERS NOTICE Applicant: 305-7 Mill St LLC, 2001 North Halsted #304, Chicago. ) BY C.R.S. §24-65. 5-103.3 IL 60614 More Information: For further information related to the project. contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen. CO, (970) 429.2739, sara.nadoiny@cityofaspen.com. Published in the Aspen Times on October 8, 2015 (11586672) f� • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �� Setif /7 Yl Ski , Aspen, CO SCHEDULED PIrLIC ItiG DATE: t� � , 20L.� STATE OF COLORADO ) ss. County of Pitkin ) (name, please print) u being or represen ing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) ys prior to the public hearing..4 copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. id notice was osted at least fifteen 15) days prior to the public hearing on the a day of , l , 20ff, to and including the date and time the public hearing. A photograph of the posted notice (sign) is attached hereto. Maili►tg of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The f0T42of g " ffidavit of Notic�e'� was ackryc�wledged befor me this day of 201 by (r1•. U WITNESS MY HAND AND OFFICIAL SEAL Nrary Pult;,c - state c. Nee., r.-: My commission expires: NO. OIVEEI�K"�4 Qualified in X- es b /_ 0 "(y 'le Notary Publ), ATTACHMENTS AS APPLICABLE: • COPY OF THE PLBLICI TION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL • APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-I03.3 7Lj THE CITY OF ASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www.aspenpitkin.com NOTICE OF PUBLIC HEARING RE: 305-7 S. Mill St. Public Hearing: City Council — October 26th at 5:00 pm Meeting Location: City Hall — 130 S. Galena St, City Council Chambers Project Name: Grey Lady Restaurant Project Location: 305-7 S. Mill St, Parcel ID#273718217004, legally described as Aspen Commercial Condominiums Unit A and Common Area, Block 19, City and Townsite of Aspen Colorado Description: The applicant is interested in an extended temporary use approval that will allow a custom fabric tent to be placed over the existing trellis on the site's public amenity space from December 15, 2015 through April 15, 2016. The tent will provide an additional seating area for the Grey Lady restaurant. Land Use Reviews: Temporary Use Decision Making Body: City Council Applicant: 305-7 Mill Street LLC, 2001 North Halsted #304, Chicago, IL 60614 More Information: For further information related to the project, contact Sara Nadolny at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2739, sara.nadolny@cityofaspen.com. UNDNER PROPERTIES LLC BARNETT-FYRWALD HOLDINGS INC 00MILL STREET LLC 17017 SE 26TH ST 2NORTH h1ALSTED 0304 2001 2222 COTTONDALE LN $200 BELLEVUE, WA 98008 G iICAGO, IL GOG14 Liii� ems_ iw�;}�. AR , ..,,2:01' 434 EAST COOPER AVENUE LLC WILLIAMS DEXTER M HALL CHARLES L 2001 N HALSTED STE 304 82 W LUPINE DR PO BOX 1819 CHICAGO, IL 60814 ASPEN CO 81611 ASPEN, CO 81612 312 EAST HYMAN AVENUE LLC INC VALLEY INVESTMENTS LLC 2001 NORTH HALSTED # 304 766 SINGING WOOD DR 766 SINGING 602 E COOPER #202 CHICAGO, IL 60614 ARCAOIA. CA 91006 ASPEN, CO 81611 426 EAST HYMAN AVE LLC CARLSON BRUCE E TRUST CITY OF ASPEN PO BOX 4068 PO BOX 3587 130 S GALENA ST ASPEN. CO 81611 ASPEN. CO 81812 ASPEN, CO 81612 MILL STREET PLAZA ASSOC LLC 413 EAST HYMAN AVENUE LLC COX JAMES E LIVING TRUST 2001 NORTH HALSTED #304 -30 E DURANT AVE 602 E COOPER $202 ASPEN. CO 81611 CHICAGO , IL 60614 ASPEN. CO 81611 411 EAST HYMAN AVENUE LLC 409 EAST HYMAN AVENUE LLC 407 HYMAN LLC 2001 N HALS'ED #304 416 MOORE DR 2J0' S HALSTED #304 CHiC:-.. O L 60614 ASPEN. CO 81611 ::&: CAGO. IL 60614 CM LLC WENDELIN ASSOC 210 AH LLC 1173 PITTSFORD VICTOR RD STE 250 PO BOX 4068 230 S MILL ST ASPEN, CO 81611 PITTSFORD . NY 14534 ASPEN, CO 81612 FOOTLOOSE MOCCASIN MAKERS INC 400 EAST HYMAN LLC MTN ENTERPRISES BOB 44 SILVERADO CT 400 E HYMAN AVE STE # A202 p0 BOX 5739 CANON CITY . CO 812129484 ASPEN, CO 81611 EAGLE. CO 816315739 DOLE MARGARET M KANTZER TAYLOR M FAM TRST #1 400 HYMAN LLC 400 E HYMAN AVE #302 216 SEVENTEENTH ST 6829 QUEENFERRY CIR ASPEN. CO 816111989 MANHATTAN BEACH, CA 90266 BOCA RATON, FL 33496 4 400 HYMAN LLC PROSPECTOR FRACTIONAL OWNERS ASSO ASPEN GOLDEN HORN LLC PO BOX 351 301 E HYMAN AVE #108 9420 WILSHIRE BLVD 4TH FL - RIFLE, CO 816500351 ASPEN, CO 81611 BEVERLY HILLS, CA 90212 _ 0 • $M IA'kN%kh t4 % W "A 4N k� t Us ! r � taa\ a� g SIR 3" 004% m rAtw % %Vt % 4610 •M I Aw'!" t CO itsl t krM/MAMMAIm% EN 0 tw1qAjq% #4Z0 •!M '64 "i w'ISMM wN ut A1AMA .�� E4 C" W%Nveo%x ` \!mil\lath ! a M'a:.:r *1\AVA .\VCX4 0* .-.*wavk afta COLLIM eLoCM ca"DO &M .1y4.M 4ftA Aft s ML.. SZ 41MIM .`: iM't ILATU MO PLAZA COMO *MOC -amw-% amak we a 4Vt P"Wav LOCAL 1' * t w xW ^vim CO Owl SMMwwmmAvwwLLC WI gC'1RI" WASM 4 3" clop ck IL 60% n0 Aw LLc V* om am AlPEN CO Ma AKIN Commaw ft CONDO ASSOC CC*AbM 4 AP49A VW 7%&MG wuaDWO COWDO ASSOC COIMtW-#4 Aft MAW1: c\10&1*0 A vt ;.vr�wti+ ♦tea AXv E SN %►a\ a\ AlqplN .--I P N1OANre POW CONDOS ASSOC CCM 03% AREA ASPEIt CO sm I W IERAGON LLC Mae w to Tsrst OLAT E KS ME a bk %INnVRES LLC 4ts E *` MAX Aw P*RAG,-* PFKTI#,k-4VSE LLC *�- ak\' a W-,N t t C`TTCw4VrYti- VE WT ;.ICES \ LLC i1 ::_<:_\- _-se_: MAP" 9"4G CC*IPUM LLC ASPElt OR E,su SAIRGI am OOMMOM 1AL LLC W OOLL410JS CAt GOc-."*% MCA SULOA+G CONDO ASSOC AREA AVE MAAGON BULOUG CONDO ASSOC COMMON AREA 4IS E HvkvN AVE ASPEK CO iwtt COLONAMMOUntmumuemco Sm W1LLORY wr CARSONCRY. NW 4s m 804 Mm Il3MON Lib VOTWR LOOS CONDO ASSOC INC 316N IEXAQON LLC 2Ntw * 10N nwa ?BIRD w to lElt 2sM w wa 7EM CLAVNE 93 a OLAT?E KS SM OLATTE I S IBM 0 • "OTHER LODE CONDO ASSOC RED ONION INVESTORS LLC AVM ONION VENTURES N LLC COMMON AREA 420 E COOPER AVE 601 E HYMAN AVE 314 E HYMM! AVE ASPEN, CO $1611 ASPEN, CO 81611 ASPEN, CO 81611 NH ONION VENTURES N LLC 601 E HYMAN AVE ASPEN, CO 81611 AP RT 29 LLC 601 E HYMAN AVE ASPEN. CO 81811 COTTONWOOD VENTURES 1 LLC 419 E HYMAN AVE ASPEN, CO 81611 RG ONION VENTURES U LLC 801 E HYMAN AVE ASPEN, CO 81611 COLLINS BLOCK LLC 205 S GALENA ST ASPEN, CO 81611 SH ONION VENTURES N LLC 601 E HYMAN AVE ASPEN. CO 81811 G&KLAND COLLC 0187 WILLOW LN CARBONDALE. CO 81623 do 6an ..- r ;sic. �> Aftmt -.; " ito I ,I! 1 "010, p7Q W* &JW Fell ON 0^ 1141 M11Nv WW"' i0ma I m e" Cwmss 9. 0sndsrs ahernun i i toward t..i..C. DOW Not Number. V0.300.0114 r- mill. csan�sfs��s'x+.rm�nn�warlram 1s1111i,41,o 11 :'.,t'l City of Aven Cotnntunit) Developinent Department I V South Cr am Strvd Aspen. Colors& 91611 He: 34t46-7 %hil �strtrt L) t . r llrtrwHrr t!rt►ltr�1 haMhty nmpam: { ertlfiratr ►f 1 tr►n�r�r�rp Dear Sir or Madam I on an attorney licensed by the State of Colorado to practice law. It•itiN' 41a11 colilofM ailtt reiIIIv tllarf +tit-; Moil S114vt i i t a I",-4%eve Iflo-1 d liability company. is the owner of certain improved real property located at 305-7 Nhtl Streit, Aspen, Colorado 8161 I, and lcoly described as follows (the "Subicct Propgrty"): Units A. 8 and C. ASPEN COMMERCIAL CONDOMINIUM. according to the 6-4k"duium Map dwj,.; i tux,a,ilwi Nvu ,:jnixa u. 197-i n► i.l'a isttt,K ; ,,1 Pair. i 7`. And as defined and &scnbed it) the Condominium „pen Caitaierc;al Condominium recurcicd No%ember 7, 1974 in Book '93 at Pagc 61. The entity 305-7 Mill Street 1.1,C owns the Subject Property subject Only to the following matters of record: I Re Ik,f%atio n, *IWj excelvit'nw n% o it -I ilk l!1 Illy i fri1i11 11w Ciry fe-cmxi"- I in Book 59 at Pape 39 and in Book 59 at Page 350 providing as tollows: "7 hat no title shall be hcrctn acquired to anti mine of gold. solvcr, cinnabar or copper or to any N alid mining clann (w po.�ssuxl held under existing 1.I%%s.' i'Alil,"'t+lt►iili rc,s, 1)iV 13AV0.1, Ublig4itwta, 1.dJCiliblit>, te),l1t6U4Ala dlld d �silitilia a, .wt ftcrth in tht: Ctrii�lominitiiii DcOaration for Asipcii Co4nmercial Ctww1miili,ium it,ordcd No -.ember 6, 1974 in Brx,k 293 at Page 61 Z Fasements, rights of way, and all matters as disclosed on the Map of Aspen Commercial Condominium recorded November 6. 1974 in flat Rcwk 4 at Page 499. 4 ictsttr CAVItiltttxl% larbi<ttvtu r"tr:lth•n<And sit ne-tth- 4 as W l-W* to ke-v4t.tu+o;* the City of AWm+ tkin County Growth Mw&Fe nem Commission rrewded April Ii, ZoOI so Rex ptitet No 466645 as Reuiluticm No M t Senc, of 2*2 f 5 Terms, conditions, provisions. obligation-, and all matters as xi forth in Rcwfuttun of (�!t r�b{1L'ii ilAattt(ti i�1C�11A11t1U l.UluiltiaylvA tlil'l. 1 tu.tXficu itt;ti,cNtiha � 1. _�� �n dslCa-�a�{�+� No. 5549S6asResolution No.2',Scrc: )I 200R) 6, fhtxi of Trust. Assignment of Leaxws and Rents and -Secufiq A cana,t "CJ June 10. 2014 between Jefferies Umneore 1.1 _C and 105 Mill Street I .LC, reccirdead June IX, 2614 as Reception No 611196. A, IIIRITIO)t of I. -ia,,, 411A Kt-fr(Lit'.0 Itirt' it) 'i'J h."+ ACIII rt'(f-elf'• t -f"rf`(.^r t a d and ?05-7 Mill Street LLC, recorded June 18. 2014 as Reception No 61 111S'y 8 IAX-1 Financing Statement of Jef fines Loanc:orc LLL recrxtkd June 18, 2014 its Reception No. 611198. i I!ic iPttt�r �lfaii ififtl!c�1 .v�nttrni iti:tt <11�- ' i�tli ♦tr�•e°t I i t t.. flt��-�t+■t-t a*+ iitt- ♦yh.,-rt Property. has authorized 445 S Mill_ (ire% Lady to the and pursue a land nse appiicaimn to with (lie Cily of Aspen in connection wiih the Subject Property Ji71t.i��t1 . f Nftf" li I3CS i(i�,:.hc; �92 F • ��.e14Y ye.' ;f l • : t : a t al 2-si' wt tfY T**L!"s Spa yKi 82; ES Mom'► SNOW* A+ima ele a 1il eTwr* ArK OD Now, somm uoererr ewewv�c '"Am 1mtetun ~ ILL e*gae*"A CuLAW M :attD UVA& V ComPOW eeeeltm a ONO As" eL am 0oP ae powwow Alm 1R Mow Love ebantwIm tMr1 A * Ai0 C, A0Flt OOMUMMAL CM)OMNJOIL 4Mrr e, left 11 Frr Mr a at F p will No L •re = asulimil R so Cw/Iakrm ]IduMIn 1o' Ate QWdm&elw Me $w000w r L IM /. e.r M r Paw e+ A Mr PC?I~ DMtt Comm �n OWN" own Pd= r+eu rIwsMllcr LNL0e0Ae s.reae DOI)M G" FA011AYM t e1LN NO TAX PPJWTM LOTS MC R&dm7f 200 TAt F W MTON Lam WC 7.7g21 art lilt" lilt"�d*� amp" 1ltrM r aAeteN SOe004ne tYj[r/tl �T>1� l�� a� aeLte aMWA* TAX FAMMIACH 1000 in sTAT$bdtdTy OF A4rMY1 ry 11b momme1rem SMINITIONOWANNIPS CRYa I,voilfllow r eian 2SAOM Q" OF ALSO MNM Mm e0 idwi nm FIY tam ular"m 31rA 29 Samoa flwi1 eery SAM7 4 Q0 tt ILTA Tr7rr'Atf AFg10V�D tM AC'Olrin A DRA PM UWM LmeLffy OM0 40" flU7Rlt aTTSltIm • wt amT O �r WROPOt LOFM L AWW retls+aoL�arT+at. ee� a I r4. 3 CITY OF ASPEN RECEIVED PRE -APPLICATION CONFERENCE SUMMARY AUG 2 A 2015 PLANNER: Amy Simon, 970.429.2758; amy.simon@cityofaspen.com DATE: 8/18/15ASPEN PROJECT: 305 S. Mill Street "' REPRESENTATIVE: Ryan Chadwick, 508.221.1689; ryan.chadwick@gmail.com L' �«�?WNT REQUEST: Temporary Use DESCRIPTION: The applicant is interested in obtaining approval for a Temporary Use that would permit a tent enclosure to be installed around an existing trellis structure during the winter 2015/2016 season. The tent would allow the space to be heated and used for restaurant seating. The length of time that the enclosure would be in place exceeds what may be granted by the Community Development Director, and therefore the application needs to be heard by City Council during a regularly noticed public hearing. As part of the land use application, the applicant will be required to respond to the criteria found in subsection 26.450.030 of the Land Use Code. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/Land%2OUse%20App%20F orm.pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses Review by: Staff for complete application Historic Preservation Planner City Council Public Hearing: Yes, City Council Planning Fees: Planning Deposit — Temporary Use, City Council Review ($1,300 for 4 hours) Total Deposit: $1,300 (additional planning hours over deposit amount are billed at a rate of $325/hour To apply, first submit one copy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ASLU Temporary Use, Council 205 S. Mill St. 1 ❑ 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. ❑ A sketch plan of the site showing property lines and existing and proposed features relevant to the temporary use and its relationship to uses and structures in the immediate vicinity. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Once the copy is deemed complete by staff, the following items will then need to be submitted: ❑ A complete copy of the application, including all items listed above, provided by email to amy.simon@cityofaspen.com. Please provide the text and graphics as separate files. ❑ 12 sets of all graphics, printed at 11 "x17." ❑ Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 �_I SHERMAN6HOWARD 320 West Main Street, Aspen, Colorado 81611-1557 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com September 1, 2015 City of Aspen Community Development Department 130 South Galena Street 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"): Units A, B and C, ASPEN COMMERCIAL CONDOMINIUM, according to the Condominium Map thereof recorded November 6, 1974 in Plat Book 4 at Page 499 and as defined and described in the Condominium Declaration for Aspen Commercial Condominium recorded November 7, 1974 in Book 293 at Page 61. 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 providing as follows: "That no title shall be hereby acquired to any mine of gold, solver, cinnabar or copper or to any valid mining claim or possession held under existing laws." 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. BUS_RE/5575065.1 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen/Pitkin County Growth Management Commission recorded April 25, 2002 as Reception No. 466645 as Resolution No. 03 (Series of 2002). 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. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611186. 7. Assignment of Leases and Rents dated June 10, 2014 between Jefferies Loancore LLC and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611187. 8. UCC-1 Financing Statement of Jefferies Loancore LLC recorded June 18, 2014 as Reception No. 611188. This letter shall further confirm that 305-7 Mill Street LLC, as the owner of the Subject Property, has authorized 305 S. Mill, Grey Lady to file and pursue a land use application in with the City of Aspen in connection with the Subject Property. Sincerely, Curtis B. Sanders 2 BUS_RE/5575065.1 CITY OF ASPEN Permit Receipt THE CITY OF ASPEN RECEIPT NUMBER 00039185 Account Number:30178 Applicant: RYAN CHADWICK Type: check # 5025 Permit Number Fee Description 0080.2015.ASLU Planninq Hourlv Fees Date: 9/2/2015 Total: Amount 1,300.00 $1,300.00 OETAIN FOR Agreement to Pay Application Fees An eareement between the and Property Phone No.: 2 ;?-1 t fee'-, Owner (-1-): 70'n Email !Address of Property: J M S Address: (subject of U �(/ 1 (send bills here) application) 5 1,6 1 1 understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For net fees and referral fees: I agree to pay the following fees for the services Indicated, I understand that these flat fees are non-refundable. $0 ❑flat tee for Select Dept $ B flat fee for _Select Dept $ a flat fee for Select Dept $ 0 a flat fee for Select Review For deposit cases ony: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 0 deposit for 0�.., hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Chris Bendon Community Development Director City Use 0 Fees Due: $ Received: $ Property Name: Title: G. c q Z �'�� F.CEiVE AUG 282015 I' wail i..- ASPEN • • ATTACHMENT 2 -LAND USE APPLICATION tiame CSC �1 Svc" M� l� �t f'� t )1 (Indiente street addres.5, lot & block number, legal description where appropriate) Nrvel I0 # tRI,.Q1 IRI D) (tool le"L VT. Addtrss 7 -3,�, 1 Name Address Phone M: T'vp . o>: ArmICATION: (please check all that apply): ❑ GMQS F.\emption ❑ Conceptual PUD Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ FSA — 8040 Grccnline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margui, Ilallaim Lake Bluf, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: Conditional Use EXLS-TINE Conrrms: (description of existing buildings,uses previous approvals, etc. 'ROP(Mt.: (description of proposed buildings,uses modifications etc. 0 S lave you attached the following' FEES WE: S Pre -Application Conference Summary Attachment # 1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Respowse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 1 I" must be folded.- A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary wilt indicate if you must submit a 3-D modeL � .•►•_ • ..:i.r.�A�ia� . �'1�+3 u� c:�,tj �i�"A.�� ������•,� ��•_ .4 r � tM 1' (CUWAUNITY DINILOPhAL- r Dt-'PAROMEN �. '•� a• ,r•-��rY• -R• �. •',lr�P ;•r.-•-`r,.'! k�-ac..,.!'c ;•-•'�r-^st •i W-111-1111 � �I: f'1_'J17��J= ®`.: 6U • � • _ r• r • • -r .. ly a 1 .. • •���:'t�i 111tJ•' l��p�:}:ri,�. �l . c Y t •' .tfi�ai :L'r+.rrll •t � .: ({•.//+ vbL' .. / r,y • r/ . • • •s. / • � . rty ••: % i • Addre" of Property: (subject • / :•• • I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. xf This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use appl caticn have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I undoKn d City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of covenants or homeowner association rules or bylaws. I understand that this document is p is document. Owner signature: date: Y '/ 9�S Owner printed name- rirl �L t1--n t— or, .__._-_Attomey signature: Attomey printed name: • • .s 0 date: • 0 Project. Applicant- Location - Zone District. Lot Size: Lot Arm ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM ( 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: b t✓6/'�roposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing.- Proposed:___ _ Proposed % of demolition (Historic properties ordy): DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height - On -Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback. Side Setback: Combined Sides: Existing: AI Allowable Existing: W Allowable Extstmg: Allowable Existing: /V Required: Existing: Required: Existing: Required: Existing. Required: Existing: Required: Existing: )(�' Required: T/ - Existing: Required: Existing: Required: Existing:-�A_.._Required: Distance Between Existing Buildings Existing non -conformities or encroachments: Al, Proposed: Proposed: —k—It Proposed.• Required.• Proposed. Proposed. Proposed. Proposed. Proposed. Proposed. Proposed. Proposed: Proposed: T��_ Proposed: Variatio requested: ��i t °'� \l * j �e C, 0 0 ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land tlse Regulations publication in the newspaper, pasting of the property, and mailing to surrounding landowners Following is a summary of the notice requirements, including identttication of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing The legal notice v%ill be wTitten by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicants responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing_ on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. 9 0 To: Amy Simon August 251h, 2015 RE: Grey Lady Covered Trellis - 305 S Mill Street HPC Minor Development & Commercial Review City of Aspen townsite Aspen block: 82 Lot H and I Parcel I.D. 273 718217802 Thus written response is an explanation to how to existing/proposal changes at 305 S. Mill Street The Application complies with all criteria set forth in Section 26.450.030 of the City of Aspen Land Use Code as follows: A. The location, size, design, operating characteristics and visual impacts of the proposed use are consistent with the passed uses of the spaces - i.e., as a restaurant serving locals and tourists throughout the year. The tent of does impair sightlines or vantage points from any direction and fall within height restrictions for the building. The tent enhances the building by creating a useable heated space during winter months instead of an unused and uncovered barren area. The design is tasteful and fits in well with neighborhood standards. B. The proposed temporary use is compatible with the character, density and use of structures and uses in the immediate vicinity and consistent with the predecessor restaurants in the exact same location. Additional sitting and dining areas for patrons will be to the benefit of the immediate vicinity by creating more vibrancy in the area long plagued by under- performing eateries and other establishments. Plus the use will allow nearby options for drinks and food related to events at the Wheeler Opera House. C. The tent's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. D. A temporary use was previously approved for the duration of the ski season in 2015. E. The purpose and intent of the zone district in which the temporary use is proposed for commercial and restaurant establishments, and this use is consistent with that The temporary use will not materially change the character and conditions in the area and zone district and will, in fact, be similar to what 0 nrarhy establishments; (e.g., Jimmy's Restaurant, Brunelleschi's, Steak House No. 31 h, etc.) have done with temporary tents and zip -up plastic windows and canvass materials to beautify the outdoor areas and to protect patrons from winter conditions and inclement weather. i�. The prx1posed temporary use will enhance the general public heath, safety ;end welfare of patrons by providing a warm, dry space for patrons to socialize, cat and drink, and it will protect the historic trellis that would otherwise be exposed to adverse winter conditions that could age or distress it. ltcspcc ' lly, R n Chadwick Ryan.Chadwick@gmail.com • 0 S : - t .0110FAI1O z tVA ;4t" da V " 0 0 ---------- NW% drod Abe* ow Sm 30 1, olumm aW Mw~ L Li A, Sl TE 0 L, Im 9 • CONDOMINIUM MAP OF R ;,�vEo law, ..i't ?.i; Am�4 tY oolv .YWA4 y+tw'L'T .. rtv rA- ASPEN COMMERICAL CONDONVNIUM . MrrW+eT hw+"+e1. nP Y?WNii Y`i+ awMtaJ e+e:w 12.aga+:.: ,qap. jlt s'Y 4X.� €tll i/tY 6i i"s♦ '�'N i Kt<.r ♦irf ow 1AtA' q M► typtJlDiMe.�6. 4e•.NKir <+c. n-.s ws Itr�1[u ws#<wKa�[a fwY.Mi.CJ . .w•r.►.♦ wYaK�w wv �.. <. uy.,aa+...,r.=.. rrr,c�...+ :c�«+.aw:�r.< t.t�+tm,^u•w'.�s^ y-..tiara ••+w a ne-e.►. �r.r<,. 104.<r +vc.wm y.w.w.t6.f."r. r<. r•t� rf*W��- ww.e-sre er. <•w rwr �.ti.�a+R. sNk, m�tuMd. •4%W(v^ 11.✓ <wYrJr.N.'t�r i«.+wry tee'-�wwf<'II,�i .W.= wGs,N4-*tlK-fN.4"FY M—ax 4N1 TtM♦ .�� fH.v Gr rwrrrf NlNi M $srr�wr Vr"<Ys� a frt'ap+. 1a►.. �O. w' N ���' ay.r.<r.a ♦ .<.,..w .rat raavR�t.'c.+..*u.. �..TM*sws JYesffl _. ry,r� p W ♦<s.rw. A wW i.PlQ. 6x+lF-si+'+C+r. >"� `S ' .1� Yz�T+�s<x INH+. ( rrrn N �1i1.• t w.�r�M/'RM.<r N s r»r w- w..f� .a<{: ur.r iY He .IrwT �. 1NfYWr.ri<Y<�. s Y'M N<irR•I6.fJ M_.. f Y.<M fy.wrwR<Cf..K t.':.' .�w .a<f.t aw �.,.�VY+rt . ��.^ �` ,M to YwK • t' • t'.n. <WR t4. <i1l. xNr .+M'ww.ai M ♦s. r,.. N1<+►n<, r..x +!A< ♦gk<1"aM.a+ 4'w Tw{}r 4: Y�LY awwT! n ffl C.rJ�:�4'Y V =w.�E i.nnita.SY ✓';A{.a � ..sr... .Y<a< �I v,.v Y*► eias r ` �r . as,x. �-'w.et t1� a... s.f3+Mua .+"• . tt �,.ila., r s�ccrirrr n F M i • Afi � 7S4 r it NA t,Wni#14 Mt <m =°aj r r M At" �i 1 �,.,.,,uat AI s [8r i :aa �Crti.,�i�� prt7tt 4004 ..f dPs, d � y 'If U#i=' t. f+l11 ,.�rgpx�f, r� • Land Use Review Fee Policy II* %'in M Appt"i has estatAlshed a review fee policy for the processing of land use applications. A flat fear of %trtixw is tr,Ne t lid Mr land use applications based on the type of application submitted. +1 flat W is c lid by Community Development for applications which normally take a minimal and predictable wi%KnN tNi rttrrft time to process. Review fees for other City departments reviewing the application (referral tt"tt"entrl) vaN also be elected when necessary. Flat fees are cumulative — meaning an application with ^**A4*s flat fre►s must pay the, sum of those flat fees. Flat fees are not refundable. A tv ie►w foo deposit is Collected by Community Development when more extensive staff review is required. Amiat staft belle spent will be charged against the deposit. Various City staff may also charge their time spent ort tho %,o" tri Adetitinn to tho rase planner. Deposit amounts may be reduced if, in the opinion of the Community 0ovNe,4vewnt Drectvr, the project Is expected to take significantly less time to process than the deposit Indicates A .*tomwishon on the deposit amount shall be made during the pre -application conference by the case planner. I,lttrrty Mllatg shah atiN apply. AN *1TAkahons must include an Agmement to Pay ADDlication Fees. One payment including the deposit for t1on i*V and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. AjitAcattons will not be accepted for processing without the required application fee. The Commuritty Development Department shall keep an accurate record of the actual time required for the procwssing of a land use application requiring a deposit. The City can provide a summary report of fees due at Me appircartt's request. The applicant will be billed for the additional costs incurred by the City when the proc3sattg of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no artttxMnal a2tmolatrative eherge. In the event the processing 6f an application takes less time than provided Mr by the dt►poM, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due mgardless of whether an applicant receives approval. tk*ss otherwise combined by the Director for simplicity of billing, all applications for conceptual, Anal, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon c xviptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director octy >Alrwj air applicatiwr fur final review. Final review shall require a new deposit at the rate in effect at the time W NW application submission, Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Corrntxxrifty Development Director may cease processing of a land use application for which an unpaid invoice is 90 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1,75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. AN invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City wiN not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment Is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owrter (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. 0 • CRy OP ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET Tim Cm rx A5.nv Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments. 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Lard Use Application Form 3. Dimensicxial Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code, Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. FAX- F3i F NAMF:(jty t 4dy Awrirey Winnow c<t .us Ims Cmqp ire the mokes P-Tcrt), -4'- n 60 c , Ptsu-llut,40flo iwt,J cdAmWn a th"r pia" t<.) Xtyo-ns IT! (l7in 94NA6 f " " -4 , clt�,e - thar rnrz ",* of Vw rowpxrlyrn tine of tf:,o design to trwt a ,wrrukor d+ lay +e strv;tty prohitiW • • I To: Amy Simon August 251h, 2015 RE: Grey Lady Covered Trellis - 305 S Mill Street HPC Minor Development & Commercial Review City of Aspen townsite Aspen block: 82 Lot H and I Parcel I.D. 273718217802 Thus written response is an explanation to how to existing/proposal changes at 305 S. Mill Street. The Application complies with all criteria set forth in Section 26.450.030 of the City of Aspen Land Use Code as follows: A. The location, size, design, operating characteristics and visual impacts of the proposed use are consistent with the passed uses of the spaces - i.e., as a restaurant serving locals and tourists throughout the year. The tent of does impair sightlines or vantage points from any direction and fall within height restrictions for the building. The tent enhances the building by creating a useable heated space during winter months instead of an unused and uncovered barren area. The design is tasteful and fits in well with neighborhood standards. B. The proposed temporary use is compatible with the character, density and use of structures and uses in the immediate vicinity and consistent with the predecessor restaurants in the exact same location. Additional sitting and dining areas for patrons will be to the benefit of the immediate vicinity by creating more vibrancy in the area long plagued by under- performing eateries and other establishments. Plus the use '�nrill allow nearby options for drinks and food related to events at the Wheeler Opera House. C. The tent's use will not adversely affect pedestrian or vehicular traffic since the space is on a cobblestoned walking mall, nor will the use affect traffic patterns, municipal services or neighborhood character. The use will actually decrease noise levels by making the area enclosed as opposed to open air. D. A temporary use was previously approved for the duration of the ski season in 2015. E. The purpose and intent of the zone district in which the temporary use is proposed for commercial and restaurant establishments, and this use is consistent with that. F. The temporary use will not materially change the character and conditions in the area and zone district and will, in fact, be similar to what • nearby establishments (e.g., Jimmy's Restaurant, Brunelleschi's, Steak House No. 316, etc.) have done with temporary tents and zip -up plastic windows and canvass materials to beautify the outdoor areas and to protect patrons from winter conditions and inclement weather. G. The proposed temporary use will enhance the general public heath, safety and welfare of patrons by providing a warm, dry space for patrons to socialize, eat and drink, and it will protect the historic trellis that would otherwise be exposed to adverse winter conditions that could age or distress it. Respec. ' lly, R n Chadwick Ryan.Chadwick@gmail.com � .^*"~" AND °.,,, -~--~--~-- ==x�w���v- .- -- .-�--_-'_ - -�-_ -~-- - .w,"v.�m"r SURVEY' -....- --~' .�. �,..~ ~ ~ �. ' - 11 0 SHERMA'N, &H10"WAn� re+elrme' 970 925 63W Faw 970 9 t 81 www snPrmannowaro mm Curtis B. Sanders Sharman & Howard LLC. Dired OW Nw ober, WC,300 o1u E-mail: csanders2sherm.anhoward.com January 9. Itlt*, City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: _46-7 Bill Suter HA . a Delay►are linilted lishilits, company; ('ertiGcate of Owner%hip Dear Sir or Madam. 1 am an attorney licensed by the State of Colorado to practice law. i lerter shall Coli irrtl and cel1iti• (hat kf a iillilied 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 Prop=," ): Units A. B and C. ASPEN COMMERCIAL CONDOMINIUM. according to the L:Oildvulilliulll 1'4LlN tllc!\ ul Itx:uldvd tivt;;ultx i u. , ,) -i In Plat Boot 4 at Page • 7�9 and as defined and described in the Condonimiun, Declaration for Aspen Commercial Condominium recorded November 7, 1974 in Book 293 at Page 61. The entity 305-7 Mill Street LLC owns the Subject Property subject only to the following matters of record: I Re:eltation, atl.i excvptit»ls AN yet fol ill ft► the Deed.; tram the City of .ysp ell tc'ck•rdvd in Book 59 at Page 39 and in Book 59 at Page 350 providing as tollows: "That no title shall be hereby acquired to any mine of gold, solver, cinnabar or copper or to any valid mining claim or possession held under existing laws." �. I C1711a, CundltlJC1S, �CUt l�lulla, ul)1lEdilollz, Cif 1HC1lt5, rcbirl"1011a and a.'ibcbsnlcilib di set Muth in the Condominium Declaration for Aspen Commercial C ondoimiiiuln realyded 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 Rook 4 at Page 499. 0 0 4 i erlw� colifj tlon> prov1;H?ns cthl _atwn,; and ali ninlreP, as �t't 11rt11 In hiN';�CIhHtion t11 the City of Aspen)Pitkin County Growth Management Commission recorded Apn1 25. 2002 as Reception No. 466645 as Resolution No. 03 (Series of 20021. 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen 1 it>titiic Pic: i %allu!! 11ii'L) 1L'1.U1uCJ Dee cilllhl i i, 6166 IN ixk:%;eP11u11 No. 5 54916 as Resolution `'o. 27 ; Series ui' 2008 ). 6. Deed of Trust, Assignment of Leases and Rents and Security Agreement dated June 10, 2014 between Jefferies Loancore 1.1-C and 305-7 Mill Street LLC, recorded June 18, 2014 as Reception No. 611186. A%sivmineni tit t t:aw-� and kvnl,� daioo hint, ii) '1, 1-4 ot•rm cen 10trrle,; i..oancore I. i and 305-7 Mill Street LLC. recorded June 18, 2014 as Reception No. 611187. - $-UCt`'- i Financing Statement of Jeficnes Loancore LLC recorded June 18, 2014 as Reception No. 61 1 188. Flu-; letter shall htrtliet conlinn that w*-' Md! Sireei i i t a. the inviter of the Subil,•ci Property. has authorized 305 S Mill- Grey Lady to file and pursue a land use application in with the City of Aspen in connection with the Subject Property. .S111Ic1Ci 1 . t mli.14 lamk•r-� 1 BUS RD540.592 i • ell f942818 11:46 312-5a '184 DRW TRADING 9V MATENIUME OF SETTZ ENO'NT - 8wds - Prove ty Aa4nxw. 3C7 S Wil "..r[T ASPM ',C I IS" tapac RODER- SARNARD -luftT P-mc*wr. SOS-7 NRL STREET L_G A OM-AV"RE '_ARTED UABRJTY COWAM! SalltatwR07ac ACA 302C-.0 user co Proration: AprT 70 2:10 lapel Dosvlpdon: IINr S A e AND C ASPEN C.0111tER- A. CONDOMUYI D=rd)1p r Na CDneornmum Nap Tweof ua0rdad NpYr♦ rdW 6. 1174 C Plat book 4 0 Papa 4" and a{ Oaarlad awd dow1bad h ft Cdnoomv um Jezarwbor fir Iaaw Comlwvom Cordomkllum eco+0ad NoOM Vl ar d 4?74 n Boot 241 & Papa E rea hoc PC : r2-75L7 Daacrlpoorr Dana coal C211taa Santa ►rim S.100,00 = RKNECA IN5URAW-E 1,7'0.00 sw"R w PRORATED 1,6D3.16 MOTAX PRORATM LOTS MC 23,45172 2010 TAX PRORATCM LOTS "C 7.710.91 NDURANCE PREWIJU PRCRAT;g) 12l620 3FA" C* ARGEs PRCftATT'� 131.11 J.poa6 or aanlag mower 70C,000.D0 ^awol Tamm 1.-112010 b 4.30=i0 2227 tt R NTS QM 222.16 SEC )RRY MPOS 1-& 4.WC DO %At w arA Fee to PrrpcN ;,2DJ, -1 : LE. IN.:. 176.00 TN( REaEARCti 60.00 RBCOT+O STA-EMEMS OF ALRNORT r t.00 Ram'i Fora 21.W sum 7arrat" 510.00 CTY OF ASOSJ WRM 2590b00 ;;T OF A3P54 HRETT l0.000 00 WA13H E► "RONYENTA- 3.2=00 ',NgPECTION FU '200.00 Sub -Toler !,216,T44.00 117.016is worm Due Frwn othw 4.A 724 44 rolALS 5,214 744.00 52*744b0 APPROVED and AC^tWnW 305 A DF_1.1.rWR� ',; tiCTFL LJABL'Y COWAW - A�Rra-�L� BROKER RE^FRYIFLD 6 RRKYfT RT BRCKEk LOF" & ASPEN BY — P'T10h oouh� TT.L InG RAGE V106 UMT 9 UIJIT A FLAP. "AN AND FLs=-VATICI^► I ASVEN GOMMERIrJ\L _(7►Jib ►AINII,:.I .. _.� �« - - 1 L —'-- L"T C GjiO!_!1i_a}. 1 Y el L I 1 ; UNIT A jr- r 4— : B ��----+a UNIT 1 — - - - tit • �J • ..ram '�•:�'$=~ 4`:' _ . 'li�,A� 4Y4 � ' . � � .._�.�r - �► I V 5 6i IJ 6PUpIMOS. uc TEL: (970) 949-4565 FAX (970) 949-46T., CLIENT: Grey Lady PHONE: DATE: 12-3-2014 FAX: ARTWORK 6Y• J5 FILF NAME:Grey Lady Awning Wi►Wow This Design is the exclusive property of 5ign Design 6 Graphics. Distributions and exhibition of these plans to anyone other than empioyees of your company, or use of this design to construct a similiar display is strictly prohibited • MW SY Crap1••os. ue TEL: (970) 949-4565 FAX: (970) 949-4670 CLIENT: Grey Lady PHONE: DATE: 12-3-204 FAX: ARTWORK BY• JB FILE NAME:Grey Lady Awning Window This Design is the exclusive property of 5ign Design d Graphics. Distributions and exhibition of theec puns to anyone other than employees of your company, or use of thie design to construct a similiar display is strictly prohibited 0 • CONDOMINIUM MAP OF ASPEN COMMF_RICAL CONDOMINIUM �k:,�IVEO APR 14 1913 �Irr ur 4SPEN /1Y MA\I Sir tET 1 I t-OT H LDI L 1 i �1 t .1 ( .1 •'. lU �u .ems � ' »• I 1 i 1 J .. » ..ULMC 1a.�t• pyVNEk'S _ CEQTirl -fE_ RV. A} OWNif OL T1M MH MN PGac R,Mo 1 pglfi�T CARw.. It /.P{ O. a.}pcu �LRN pp Naai OV LFRIIFr TW..T T\t To T� :.7H.AGR✓..\-�. cvuoou,../,w .rs rau ..arf..�eo wes. r.r-1+ a.n..a►R.ow ros Asw.+ q/asn►r sTaTlo *t TM� eewlprP...r»� narofoeo fnrnuYa.c�.L- �pw.mwul.nw f!D •••�•r a, .a7�. tiles pryf-p{ GTa TMa 4ifP AYA ��DYR-. .:-0as•.TY tT.1..1. C.TV 01 I\aeM. ` 1 Yf .'o{fir .M s •.a{.'1 GYfP1( 'K FY-a {.[.cnY.w, GaAro k \'�'{�-' w TT\r♦ 1� a►.. cP r..Naf ..T+ wr enafaT va++aRo WrT4att ur .u.ra .Wo aFc.Y+- 17r\1t;1 i� Otv eP ftMr\/»tM .Yn wle..t- SURYEY2Z- �.GRTIFICA.I'E- 1 aalA o I.t.r.t+wa. •, {an+a.sa{• s. +r rfr�ns►w.r.Ta T\I� \s.T•o•+ u.•u lra .caNrw� �..ae .Iiialurl. MfPWa-Gwu'.s wT.\a Ml»�_wa ..l A. ,1W \►.YT LXra1aW rl!.`.l►. ..a tM.MI{.C.1•K Gi -t.s♦ wnt Gtw�t gar. na TM1 ..N ►+.-..a+.++ �"{�, .wa ca..i+�s .�.a u.uvrc•{4 yp 1»a �V +r,a a�aV{Yfn A6 a.tow.+ o.+ r'••a \JA.a K e T�T6 r`P <e\.,arro .. uetr\1.+H.1Te Afi y:r.Tae i eva�»a{ earT.r✓'I t'tM lYY Mn._a.U.l{ -,�a GNMt-G �.11fL a!{M1G µ aM W-• »aa{d+ a\ti ei aNf..:\aa+T f \YW{4 i.r•W KL MYf as eP sae{.. •a . Try aaR.aP�u.► cya�.{.[w.Tf r.Mt ��`"�\ •eras MPbY . Wi 1 OrY P; Gtart r1 rio T »Il a� [vY --4%gm l P„a r_a►T aC aea 6t,..Yr nd Tna -f K1.w e» .. _.»a ` • y a.{�e. �1 t•w �a . r A:t 4. i-:Ou..♦] Tcrrl J1 Oct . 1111 . Rar a _7 ' w"Alf _ Y'"LL �y { wTr.ry G1r�R !%Z u Ij • TOM* sa t--( rrr(n &"V. tu a I "e.. 0 0 V—h 4 Ab.w the Sdf y)!) S Met I ST owm edmodo I F-----WLEE=l I* rn AW^a1%1!_r* Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property ,^ — � )(,1C.��J i&,- Phone No.: Owner ("I"): �G rl Email: ti o­A Address of r, C Billing Property: JU M l `� Address: S C,(- -- (subject of A [ n I� ' (send bills here) application) (C) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees flat fees are non-refundable. I agree to pay the following fees for the services indicated. I understand that these $0 flat fee for Select Dept 0 li -�i fiat fee for Select Dept Cc -.\, 0 Select Dept N $ flat fee for o 5 0 flat fee for Select Review i 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. 1 he City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. 1 agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ deposit for hours of Community Development Department staff time. Additional time ill be bill above the deposit amount will at $325 per hour. $ 0 deposit for 0 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Chris Bendon Community Development Director City Use: Fees Due: $ Received: $ Property wrier: Name: c,C �-' • C fG ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: Location: S�� r l rn t (Indicate street address, lot & block number legal description where appropriate) Parcel ID # (REQUIRED) APPLICANT' Name: �J "CC Address: 76 P oqr� AUL Di> ./AS Co �C l Phone #: 60Q REPRESENTATIVE: Name: 4t z SEP 14 ?015 Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD --Er Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Green]me, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 'ROPOSAL: (description of proposed buildings, uses modifications, etc. ave you attached the following? FEES WE: S 0 Pre -Application Conference Summary ❑ Attachment 41, Signed Fee Agreement ,❑ Response to Attachment #3, Dimensional Requirements Form �] Response to Attachment 44, Submittal Requirements- Including Written Responses to Review Standards p 3-D Model for large project All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written teat (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 9K-i•Y{�� r w "x'�-�ers�'�$'" �li?^4 1 k�j£"•l' 1 . -. . � i ' .r"�t�t ��? RR �'�fii �fhe �aJ bi Aspen are required) to r clu( this rirt) rtifying the scope of work included in the' ap c,;lble covenants i tYd homeowrier association policies. The c r$t�resenUnq the property owner. •Lf „ Property Name: 7 _ rt Owner Email: Nrr�l12. lC l ,p;5. (O, arn�hone No.: ' Property: �GU�� S • ly717� S/r-% (subject of �/ �r application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private rovenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this :':and ue application have been approved by the homeowners association or covenant beneficiary. Evidence of approval is attached. I understand this policy and I unde applicability, meaning or effect of understand that this document is d Owner signature: ,/;;- rCity of Aspen does not interpret, enforce, or manage the ovenants or homeowner association rules or bylaws. I document. Owner printed name: ✓Yi G� �i`— l�� /`' or, date: Y- / I -/I Attorney signature: date: Attorney printed name: • E ATTACHMENT 3 SEP 14 2015 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: "Lone District: >( I: -- 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: JV6 ChAI\�roposed: N/ Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On -Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Existing: VA Allowable Existing: LV Allowable Existing: l Allowable Existing: / U Required: Existing: Required: Existing: Required. - Existing: Required: . ExistingW Required.• Existing: � Required: Existing: Required.' Existing: Required: Existing: Required: Distance Between Existing Buildings Existing non -conformities or encroachments: Variation requested: kjtw NProposed: A- Proposed: X[ fT Proposed: Proposed: Required: Proposed: Proposed: Proposed: Proposed., R.k Proposed: Proposed: Proposed 7kT7- Proposed: folt Proposed: • 0 a N u q 'E o o s U ? N N N N r N �i N '3 O w � p�> ILI,Q u o d� a d a ++ q CL Y Y CL u W 'Q aY � � �•�M M rZ, N oa �{, T N N � _ N N N O •� a lIi kn O O W M o w 0 0 0 0 O .r .r •� rr .� N N N e M M •~ ri M W c L 00 00 N N '.O o N l/) ,Y 00 00 00 00 .-.i a ^� r+ N N 1- — o ti M M � .ter .--i ..� ... .--i .--i r+ .--� � .--i ..� ..ti ..r � rr .� � � � •--� •-. �..� z w¢ A w w p Z w waQ c� �-a wa w c a z p A a r d U v� U w C7 oG awc p x v5 a p U G F • a w U U u N O 7 �a 460 O k. N O tom, dU Nw d d 'c� U w U;;UQ U w Uo z w z� O F Z V U U A F aL'�P dN�w�?Fpo��A zw,w�°,� C p Qa.I Q a" Q Z aG Q a d N °oa��A��°o��"°x A z Q AWc��a� r cz r r r r r Q � F z H Q Q dit � U � � G 0 CJ ATTACHMENT 4-CONT'D- SUBMITTAL KEY 1. Land Use Application with Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 2. The street address and legal description of the parcel on which development is proposed to occur. 3. A disclosure of ownership of the parcel on which development is proposed to occur, consisting of a current certificate from a title inswance company; or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. An S 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen- S . A site improvement survey including topography and vegetation showing the current status of the parcel certified by a registered land surveyor, licensed in the State of Colorado. (This requirement, or any putt thereof, may be waived by the Community Development Department if the project is determined not to warrant a survey document.) 6. A site plan depicting the proposed layout and the project's physical relationship to the land and it's surroundings. 7. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 8. Plan with Existing and proposed grades at hwi-fixu conto nx, -with five-foot intervals for grades over ten (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques to be used. 11. A Plan with the 100-year Ooodplaip line and the high water line. 12. Accurate elevations (in relation to mean sea level) of the lowest floor, including basement, ofall new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration that A new construction or substantial improvements will be anchored to prevent flotation, collapse or lateral movement of any structure to be constructed or improved, a demonstration that the structure will have the lowest floor, including basement, elevated to at least two (2) feet above the base flood elevation; all as certified by a registe_ red professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent of the development as viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 15. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 16. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 17. A sketch plan of the site showing existing and proposed I'ralums which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. 19. A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet sire shall be twenty-four (24) inches by thirty -sic (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an index shall be included on the first sheet A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city dad the Arm system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landscape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precise wording of any proposed amendment 24. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (1'� inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one -hundred fifty (I50') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. 28. Neighborhood block plan at I"=50' (available from Citv Engineering Department) Graphically show the front portions of all Existing huildings on both sides of the block and their setback from the street in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page.) 0 • Indicate whether any portions of the houses immediately adjacent to the subject parcel are one story (only one living level). 29. Roof Plan. 30. Photographic panurams. Show elevations ol'dll buildings on both sides of the block, including present condition of the subject property. Label photos and mount on a presentation board 31. A condominium subdivision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 1 /2) inches on the left hand side of the sheet and a one-half (12) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. 35. Exterior Lighting Plan. Show the location, height, type and luminous intensity of each above grade fixture. Estimate the site illumination as measured in foot candles and include minimum, maximum, and average illumination. Additionally, provide comparable example-, alPeady ih the c hiiiivaity that demonstrate technique, specification, and/ or light level ifthey exist 0 • ATTACHMENT 5 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, stieh as a plat, agreerrietit or deed restrietioti, will regiiire the applieant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearings) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The • 0 Planning Stair will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. 0 0 ATTACHMENT 6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting of the property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. 1. Publication - Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting - Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in correctly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing - Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing_ on the application for development. The applicant shall certify_ that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. r Ah Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must pay the sum of those flat fees. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff review is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amounts may be reduced if; in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final, and recordation of approval documents shall be handled as individual cases for the purposes of billing. Upon conceptual approval all billing shall be reconciled and all past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final application submission. Upon final approval all billing shall again be reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 or more days past due may be assessed a late fee of 1.75% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, an unpaid invoice of 90 or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE On or ASPS\ Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Form 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Hearing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.aspenpitkin.com , City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold a pre -application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. THE CrrY of ASPF.m Land Use Application Determination of Completeness Date: August 31, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 305 S. Mill Street, Grey Lady —Temporary Use and reviewed it for completeness. �/ Is ❑ Your Land Use Application is incomplete: Please submit the following missing submission items. V?Gv� �h 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. The letter from Curtis Sanders providing proof of ownership and consent to apply is outdated. Please get an updated letter. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, Jennifer kelan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No-)� GMQS Allotments Yes No Qualifying Applications: New PD Subdivision, or PD (creating more than I additional lot)_ Residential Affordable Housing Commercial E.P.F. Lodging