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HomeMy WebLinkAboutLand Use Case.422 E Hopkins Ave.0028.2011.ASLU 4 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0028.2011.ASLU PARCEL ID NUMBER 2737 07 33 08 51 PROJECTS ADDRESS 422 E HOPKINS AVE (THRIFT STORE) PLANNER SARA ADAMS CASE DESCRIPTION PUD REPRESENTATIVE PATTI DATE OF FINAL ACTION 5.3.11 CLOSED BY ANGELA SCOREY ON: 06.7.11 VMS PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 420/422 E. Hopkins Avenue, Lots O -R, Block 87, City and Townsite of Aspen. PID# 2737- 073 - 308 -51. The property is owned by The City of Aspen, 130 S. Galena Street, Aspen, CO, 81611 and leased to The Thrift Shop of Aspen. A Certificate of No Negative Effect, an Insubstantial PUD Amendment and an Administrative Growth Management Review were issued by the Community Development Department for 1 existing and 1 proposed storage shed on the rooftop. The area is 48 sq. ft. with the ability to add an additional 12 sq. ft. For further information contact Amy Guthrie, at the Aspen Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 429 -2758. City of Aspen Published in The Aspen Times on May 15, 2011 ?0,x-F__4_ —w- 213 330 te S1 ,.� I JFUJ I ' $� ,'"s +s'3 . -- 1 • f 't ,k '::;it "A as '.r �` S>`,G: Rl Sa, Y J File Edit Record Navigate Fgm Reports Format Tab Help i0 ► ° V.IlliG ®a S in 4 9 A inAtiutpi :flioiq11 :Rt1AJ1A ,❑ •,•ll,i11(9aJ: , ) , .) , Rills IFe IreeSummary n adions IAttachments l It story limn I xi ICustomFields 15115 permits a ► • seen Land Uses 82011.ASLU ' 422 E HOPKINS AVE ASPEN a r r' CO 81611 & , IF RY Ma • 9 -r r 4 I .4 A VE'y ..- ] _ it { f' t X4 9 c A 4 ndrg . freerSz 1HE THRIFT SHOP OF ASPEN PUD APPROVAL *ad C 9ubeitad STRANAHAN 366 6912 I Cbck 'Running I Days I 01 BS' 14/27/2012 Matted attedvie ° 1 p I' 1 ewer Last name ITHE THRIFT STORE ) Frst name I 422 E HOPKINS AVE Phone O ASPEN CO 81611 Addess Apprxant la Owner is app ❑ Contractor is applicant? Last name 'THE THRFT STORE 1 Frst name 422 E HOPKINS AVE ! ASPEN CO81611 Phone ( ) - Cush 21697 I Address Lender Last name I - I First name I I. Phone () - Address ` fitc Gi ' ; I lb Recce: Prnce ,.. ' ;ti Iritox - Microso... I .;,> Eden Menu Permits C 5 \�,� r NOTICE OF APPROVAL For Insubstantial PUD Amendment and an Administrative Growth management Review at the Thrift Store, Legally Described as Lots O -R, Block 87, City and Townsite of Aspen Parcel ID No. 2737 - 073 - 308 -51 APPLICANT: The Thrift Shop of Aspen, 422 E Hopkins Ave, Aspen, CO 81611 OWNER: City of Aspen, 130 S Galena St, Aspen, CO 81611 Property is leased to The Thrift Shop of Aspen SUBJECT & SITE OF AMENDMENT: Amendment to a PUD and an Administrative Growth Management Review for Lots O -R, Block 87, City and Townsite of Aspen, commonly known as The Thrift Shop of Aspen, involving the addition of rooftop storage. The applicant is requesting an Insubstantial PUD Amendment, pursuant to Land Use Code Section 26.445.100.A, and an Administrative Growth Management Review, pursuant to Land Use Code Section 26.470.060.5. SUMMARY: The Applicant has requested an Insubstantial Amendment to a PUD and an Administrative Growth Management Review in order to add storage areas to the roof of the existing building. The Thrift Store has requested approval to build a 3' by 16' storage unit (48 sq. ft.), and the ability to add an additional 4' by 3' storage unit (12 sq. ft.) in the future. STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial Amendment to a PUD and an Administrative Growth Management Review. The proposal does not increase the space by more than 250 square feet, and it is consistent with the use type and intensity originally approved via Ordinance 3, Series of 2008. DECISION: The Community Development Director finds the request to add 48 sq. ft. of storage with the ability to add an additional 12 sq. ft. is consistent with the review criteria and thereby, APPROVES the request. APP ' 1 1 VED BY: SWl IOU C is Bendon Date Community Development Director RECEPTION #: 579761, 05/10/2011 at 10:19 :45 AM, 1 OF 1, R $11.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO pg. 1 NOTICE OF APPROVAL For Insubstantial PUTS Amendment and an Administrative Growth management Review at the Thrift Store, Legally Described as Lots O -R, Block 87, City and Townsite of Aspen Parcel ID No. 2737-073-308-51 APPLICANT: The Thrift Shop of Aspen, 422 E Hopkins Ave, Aspen, CO 81611 OWNER: City of Aspen, 130 S Galena St, Aspen, CO 81611 Property is leased to The Thrift Shop of Aspen SUBJECT & SITE OF AMENDMENT: Amendment to a PUD and an Administrative Growth Management Review for Lots O -R, Block 87, City and Townsite of Aspen, commonly known as The Thrift Shop of Aspen, involving the addition of rooftop storage. The applicant is requesting an Insubstantial PUD Amendment, pursuant to Land Use Code Section 26.445.100.A, and an Administrative Growth Management Review, pursuant to Land Use Code Section 26.470.060.5. SUMMARY: The Applicant has requested an Insubstantial Amendment to a PUD and an Administrative Growth Management Review in order to add storage areas to the roof of the existing building. The Thrift Store has requested approval to build a 3' by 16' storage unit (48 sq. ft.), and the ability to add an additional 4' by 3' storage unit (12 sq. ft.) in the future. STAFF EVALUATION: Staff finds that the request meets the requirements of an Insubstantial Amendment to a PUD and an Administrative Growth Management Review. The proposal does not increase the space by more than 250 square feet, and it is consistent with the use type and intensity originally approved via Ordinance 3, Series of 2008. DECISION: The Community Development Director finds the request to add 48 sq. ft. of storage with the ability to add an additional 12 sq. ft. is consistent with the review criteria and thereby, APPROVES the request. APP i s VED BY: i 5 *II C s Bendon Date Community Development Director pg. 1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304,075, or unless an exemption, extension, reinstatement, or a revocation is issued by. City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. City of Aspen, 130 S. Galena Street, Aspen, CO, 81611, 970 -920 -5000. Property is leased to The Thrift Shop of Aspen. Property Owner's Name, Mailing Address and telephone number 422 E. Hopkins Avenue, Lots O -R, Block 87, City and Townsite of Aspen. PID# 2737 -073- 308 -51. Legal Description and Street Address of Subject Property The Community Development Department has approved 1 existing and 1 proposed storage shed on rooftop, as represented in the application. The area is 48 sq. ft, with the ability to add an additional 12 sq. ft. The property is located in the Commercial Core Historic District, but is not a contributing historic resource. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approved per Certificate of No Negative Effect, an Insubstantial PUD Amendment and Administrative Growth Management Review. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 15, 2011. Effective Date of Development Order. (Same as date of publication of notice of approval.) May 15, 2014. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 3rd day of May, 2011 by the City of Aspen Community Development Director. 01 Chris Bendon, Community Development Director [41E Certificate of No Negative Effect THE Cry OF ASPEN X Approved ❑ Denied Applicant: The Thrift Shop, 422 E. Hopkins Avenue, Aspen, CO 81611 For the property at: 420/422 E. Hopkins Avenue, Lots O -R, Block 87, City and Townsite of Aspen. PID# 2737 - 073 - 308 -51. This 3rd day of May , 2011 The following alterations, as represented in the application, have been approved: 1 existing and 1 proposed storage shed on rooftop, as represented in the application. With the following conditions: Paint to match adjacent wall, as represented in the application. Amy Guthrie, Historic Preservation Officer Expires 3 years from date shown. Issuance of this certificate does not exempt the applicant from complying with all City codes, including land use and building codes. DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. City of Aspen, 130 S. Galena Street, Aspen, CO, 81611, 970- 920 -5000. Property is leased to The Thrift Shop of Aspen. Property Owner's Name, Mailing Address and telephone number 422 E. Hopkins Avenue, Lots O -R, Block 87, City and Townsite of Aspen. PID0 2737 -073- 308-51. Legal Description and Street Address of Subject Property The Community Development Department has approved 1 existing and 1 proposed storage shed on rooftop, as represented in the application. The area is 48 sq. ft. with the ability to add an additional 12 sq. ft. The property is located in the Commercial Core Historic District, but is not a contributing historic resource. Written Description of the Site Specific Plan and /or Attachment Describing Plan Approved per Certificate of No Negative Effect, an Insubstantial PHD Amendment and Administrative Growth Management Review. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 15, 2011. Effective Date of Development Order. (Same as date of publication of notice of approval.) May 15, 2014. Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 3rd day of May, 2011 by the City of Aspen Community Development Director. 0 , Chris Bendon, Community Development Director The shop of Asper► 422 E. Hopkins a.. Aspen, CO 81611 RECEIVED April 28, 2011 APR 2 9 2011 Chris Benden CITY OF Jessica Garrow COMMUNITY DEVELOPMENT Community Development Department City of Aspen 130 S. Galena Aspen, CO 81611 RE: The Thrift Shop of Aspen PUD Approval The Thrift Shop of Aspen is requesting a PUD approval and building permit for the construction of a storage unit on the roof of our building at 422 E. Hopkins. The unit is 3' X 16' and 8' tall at the highest roof pitch. At this time, we would also like to be considered for a future storage unit if needed. It would be 4' long X 3' wide X 5' tall at the highest roof pitch. It would be placed along the same adjacent wall with the fire station and finished to match the storage unit partially constructed. The request will be completed with exterior doors and painted the same color as the building. The Planning and Zoning fees have been waived. The legal description and pictures are also enclosed with this packet. The reason for the storage is the truly unexpected growth of donations and the success of the new rebuilt shop. Although we added an additional floor, the amount of floor space and storage in the interior was limited due to new building codes in place after the original building was constructed 25 years ago. Also, fire access stairways with the firehouse and an elevator were added in the new building. We feel so grateful for the wonderful location we have in the downtown area. But, the reality is we are managing like many businesses in town to make the best possible use of our space. We continue to be a 100% volunteer organization. Each year we give all the profits that we make, apart form our operating costs, back to the community. Hundreds of non - profits throughout the Roaring Fork Valley benefit from Thrift Shop grants. These small storage areas will provide us with seasonal storage that we are in need of to better facilitate our operations. Your consideration in receiving a PUD approval and building permit will be very greatly appreciated. Sincerely, % 4171-- e"-1 The Thrift Shop of Aspen lat, Patti Stranahan, Co- President Karen Ryman, Building Maintenance 970 366 -6912 970 925 -6499 pgs@sopris.net kryman @msn.com Diane Wallace, Co- President 970 - 925 -5165 dane@yusem.us a oo n '^ 0 i 2 `.. e C oup tL S Y. ° Ives R f P V R A sir tail P H ac a � . A y D l�J 2 ' > • D c a i ^ aA Oq,GhNg STq 1° 3 m � s t �... is. -. ID 47 z Aw fi "s " , ?ate v u� 7 HI-Mtr P . , . *' •,. i e s a w c STgf f '"r y or 5 '' � ' e m Y 3i _ 1 1 s y DO 3 1 -� i 1 1 1 1 alms; 4 14* 1 a el 1 �Fi r T 4 ii 'Min y ~ `. `' rn row G N ° a MILL STREET " AOp4 m g +q`• x aj ,,.�'� $ m n M'O'NA arem€tr--- �..,.�.,._ . �i. �o ° O i m t i 4 "ir ieaC F N „ sxuur etre x .. a f' .°e o m a 1 ' le Pill Li3 0. g. g '� $ ' ti, g g {-° t y . � xi •,lM "�T _ I ag l: !� S E Z O D m D y 4 A > ,a a $. R €� }J • GARMISCH ST '� a •" e Z fia •r a If it . S , x a S �133H1S 1StlIS _ v a 0 vL ! r y 2 N 1 NII• ®p ., 't a . t c 3 al J ('k rook- 1S ON0035__ m _ o a £ sr 10 114 } w 4t• 3 a > 333tl15Gtl'N1 • S 5 Mph c z a B F � O m ° ; X 33 N u2, 6 9 m to a 034413-91 1Ht\ °i I 3 i o C /1` e $ � _. - °° I 1 1 111 - 2111 , E H � ' `S - • VP 03yl w 4 if JM . :5' 4 r, ., • :. • .. .,... „ . .., . , . ..... _ , . ..... . ................ :. ,........_ ................. • ......._............„.„............... .. �� ---^� , [t f sj 4 ] • y ro z 0 Eas f raCi 41 0 04 i < f !Y&rt) 5/ 0 y.0 ! 4 ' �6 3 r t '' ... her 'er; r eSo 6,-/ 2' I,) /;/e. 0 Sec. 26.445.100. Amendment of PUD development order. A. PUD Insubstantial Amendments� insubstantial authorized l by te Community approved unity development order for a final development p lan may Development Director. The following shall not be considered an insubstantial amendment 1. A change in the use or character of the development. No, will continue to be a non -profit thrift shop. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. No, the same. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. No change, used by volunteers only. 4. A reduction by greater than three percent (3 %) of the approved open space. No. 5. A reduction by greater than one percent (1 %) of the off- street parking and loading space. No. 6. A reduction in required pavement widths or rights -of -way for streets and easements. No. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. N/A 8. An increase by greater than one percent (1%) in the approved residential density of the development. N/A 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. None. Sec. 26.470.060. Administrative applications. The following types of development shall be approved, approved with conditions or denied by the Community Development Director, pursuant to Section 26.470.110, Growth management review procedures, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all administrative growth management approvals shall be deducted from the respective development ceiling levels but shall not be deducted from the annual development allotments. Administrative approvals apply cumulatively. 5. Minor expansion of a commercial, lodge or mixed - use development. The minor enlargement of a property, structure or portion of a structure for commercial, lodge or mixed -use development shall be approved, approved with conditions or denied by the Community Development Director based on the following i educt deducted from additional development ceiling levels identified in Section 26.470.020 shall b established pursuant to Section 26.470.030 but shall not be deducted from the respective annual development allotments. a. The expansion involves no more than two hundred fifty (250) square feet of net leasable space or two (2) hotel /lodge units. The expansion involves no residential units. This shall be cumulative and shall include administrative GMQS approvals granted prior to the adoption of Ordinance No. 14, Series of 2007. Claude Salter City of Aspen Zoning Enforcement Officer Community Development Department 970 - 429 -2752 (Office) claude.salterCa?ci.aspen.co.us III GROWTH MANAGEMENT REVIEW STANDARDS B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments 26.470.030D. available to fo multi -year development development, pursuant to Subsection allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Yes 2. The proposed development is consistent with the Aspen Area Community Plan. Yes 3. The development conforms to the requirements and limitations of the zone district. Yes, but requesting the size as part of the PUD. 4. The proposed development is consistent approval and the Conceptual Commission approval, the Conceptual Commercial Design Review Planned Unit Development approval, as applicable. N/A 5. Unless otherwise specified in this Chapter, sixty percent (60 %) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6 0 2010, §2) No mitigation needed, all volunteer staff and non -profit organization. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30 %) of the additional free - market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ( "voluntary units ") may be deed - restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing 0 §2) e calculations in Section 26.470.100 6 Employee /Square Footage Conversion. (Ord. No. , N/A 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1) No additional demands on the public infrastructure. a � Fee Waiv. Request Form THE CITY OF ASPEN City of Aspen Community Development Department This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been made to waive or not to waive the fees regarded in this request form. For what fees are you requesting waiver? - BUILDING - PLANNING Applicant Name: \ r?W�Q _ Contact Ph.# Mailing address: E -mail address: Project name & address: Fee Breakdown: BUILDING & PLANNING FEES Original Fee Requested Original Fee Requested Description Fee Description g quested Amount Waiver Amount Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee Permit Fee HPC Application Fee Plan Check Other: TOTAL OF FEE WAIVER REQUEST $ Reason for Waiver: 'i General Fund Department ( Waived or decreased by City Council (specify ordinance or other decision document) Other — Please explain: Applicant Signature Date For office use only: _ Type of fees waived: � 4 Total fees waived: $ PP • • VED DISAPPROVED C. unity Development Director Date Tka °Teri - , Sk Op 422 E. Hopkins Aspen, CO 31611 y = r ,5 F March 6, 2011 � u l Chris Benden CITY OF . S :: P ;, Community Development Director `. %: Mft+ f j `` DrVE e(' E ` City of Aspen 130 S. Galena Aspen, CO 81611 Dear Chris The Thrift Shop of Aspen is requesting a full fee waiver from the Aspen City Council. We would appreciate you presenting this request to the City Council. This fee waiver is for the construction of a storage unit on the roof of our building at 422 E. Hopkins. The unit is 3' X 16' and 8' tall at the highest roof pitch. At this time, we would also like to be considered for a future storage unit 4' X 6' and 8 "' tall at the highest roof pitch. The reason for the storage is the truly unexpected growth of donations and the success of the new rebuilt shop. Although we added an additional floor, the amount of floor space and storage in the interior was limited due to new building codes in place after the original building was constructed 25 years ago. Also, fire access stairways with the firehouse and an elevator were added in the new building. We feel so grateful for the wonderful location we have in the downtown area. But, the reality is we are managing like many businesses in town to make the best possible use of our space. We are requesting the amount to be included in the fee waiver as follows: Planning Fees: $735. Deposit for 3 hours of staff time associated with P&Z and council Reviews. (Staff time required above the initial 3 hours is billed at $245 per hour.) $245. Deposit for 3 hour of staff time associated with Administrative HPC Review. (Staff time required above the initial 3 hours I billed at $245 per hour.) Deposit: $980. Building Fees: $600. (give or take depending on the vatue of the property) Total Fees: $1580. We understand that we are required to pay the County Use Tax. We continue to be a 100% volunteer organization. Each year we give all the profits that we make, apart form our operating costs, back to the community. Hundreds of non - profits throughout the Roaring Fork Valley benefit from Thrift Shop grants. These small storage areas will provide us with seasonal storage that we are in need of to better facilitate our operations. Your consideration for waiving these fees will be very greatly appreciated. Sincerely, / The Thrift Shop of Aspen ft;= ` �..]�, • * &:6 , Christina Patterson, President i Karen Ryman, Buiraing Maintenance 970 379 -8484 970 925 -6499 christinap mac.com kryman @msn.com The Cin *Ibsen April 29, 2011 Iftvbrnev2 Office VIA EMAIL Jessica Garrow Community Development Department 130 S. Galena St. Aspen, CO 81611 Dear Mr. Bendon: RE: Aspen Thrift Shop Dear Ms. Garrow: I have been asked to provide an opinion regarding the ownership of property upon which the Aspen Thrift Store now is located. The address of the property is 422 E. Hopkins Avenue, Aspen, Colorado 81611. The property is part of a larger parcel that is occupied by both the Thrift Shop and the Aspen Fire Protection District. The entire parcel is described as Lots 0, P, Q, and R, Block 87, City and Townsite of Aspen, Colorado. My review of appropriate documents indicates that the land is owned by the City of Aspen. The parcel upon which the Thrift Shop is located is leased to the Aspen Fire Protection District, who in turn leases a portion of it to the Thrift Shop. The lease and sublease were approved pursuant to Resolution 16, Series of 2006 adopted on March 13, 2006. In conclusion, it is my opinion that the property upon which the Thrift Shop proposes certain improvement is owned by the City of Aspen and the City of Aspen has the right to allow the Thrift Shop to proceed with the development that is presently proposed. If you have any questions, please do not hesitate to call. Thank you. Sincerely, ] Electronic Copy: Original Signed by James R. Truel James R. True Special Counsel 970 - 920 -5108 ,.. KELEMER, 111C. .. 0202 6Measnrood Drive Aspen Cobraeo 81611-333e Ttnpgone- 870426-5825 MoWr — 97041145.4005 . s November 16, 2010 To: Jahn Kellar Etde Drywa f From John ICelsNer �,r .07-4-1.....-- Owner's Reprtlw C` Shop of As Aspen Fite Prute�on Theft psn Re: AFPD -IQ Flnal Payment - Thrift Shop 1 an endoeitg Fenton Conatn dori, Inc eheek x1080 in the amaurk o S2 000.0 which is it* fret payment for worn cgmpieeett en t he Thnft &rop ofAepen bud�n8 Th paymara reduces b y *2,00 00' amors�t st0 owitr8 on the Fite Stadon billeting. Any queedons, please live me a cal. copies: Nancy Gaach, The Thrift Shop of Aspen Omryt Gr°Y, Flre chief, AFPD Dawe W albe rt , CFO, AFPD Deb Fenton, Fenton Construc Inc. as sites t ' is s w Ar aa a t, r R . , - , __,..„ ) t '— tx,_a?• � s � "l3 4t: GiC# 'P 6 5 10' „.„,..c.... , - KELEHER, INC. 0202 Meadowood Drive Aspen, Colorado 81611 -3338 " Telephone - 970-925 -5825 Fax - 970 - 925-8469 e -mall: September 2, 2010 To: Nancy Gensch The Thrift Shop of Aspen nancv�aensch.oro frt—QA144j— rom: Jahn her Keleher, Kele Inc. Re: The Thrift Shop of Aspen Fenton Construction, LLC Pay Applications #19 and #20 — through completion The Thrift Shop has occupied their new building since late September, 2009. Since that time, Fenton Construction continued work on punch list items, and Jim Barnett, doing work as General Services, has completed additional work. One additional change order was approved, #24 in the amount of $378.4, which was for a change in the locksets on bathroom doors. Fenton has completed all work specified under the contract, and is entitled to release of all retainage. SUMMARY Original Contract Sum 1,728,613.00 Previous Change Orders 118,068.46 Current Change Orders 378.64 Revised Construction Budget 1,847,060.10 Construction Cost through Completion (100 %) 1,847,060.10 Less Retainage 0 Total Earned, less retainage 1,847,060.10 Less previous requests 1,835.303.71 Current payment due 11,756.39 Less Thrift Shop payment to Gordon Sign and Design 5.533.87 Total Due 6,222.52 Balance remaining 0.00 Total to be funded this draw $ 6,22232 It is my opinion that the current amount requested is reasonable for work completed to date. I recommend payment. Please give the payment check to me. I will hand deliver to Fenton and upon delivery will receive a lien waiver for this payment, as well as a lien release for the full amount of the contract Copy: Joseph Spears — Studio 8 i • J f v. SECOND LEASE EXTENSION AGREEMENT THIS SECOND LEASE EXTENSION AGREEMENT is made this day of 2005 by and among the CITY OF ASPEN, as Lessor (hereinafter "City"), a Colorado municipal corporation, the ASPEN FIRE PROTECTION DISTRICT, a Colorado quasi - municipal corporation, as Lessee (hereinafter "Fire District "), and THE THRIFT SHOP, INC., a Colorado non - profit corporation, as Sublessee (hereinafter "Thrift Shop "). WITNESSETH: • WHEREAS, the Fire District and the Thrift Shop are currently leasing and subleasing respectively Lots 0, P, Q and R, Block 87, City and Townsite of Aspen, Colorado pursuant to that certain Agreement dated December 8, 1982 (the "Agreement ") between the City, the Fire District and the Thrift Shop; WHEREAS, in connection with the Agreement, the City, the Fire District and the Thrift Shop entered into that certain Lease Extension Agreement dated August 28, 2005 providing for the extension of the Term of the Agreement to June 15, 202.1; AND WHEREAS, recognizing the importance and benefits these organizations provide to the citizens of Aspen and the surrounding community, the parties hereto desire to extend the Lease period, and make certain other modifications to the Agreement as set forth below. • NOW, THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows: • 1. Extension of Lease Tenn. The term of the Agreement, as modified by the Lease Extension Agreement dated August 28, 2005, is hereby further extended by an additional period of time ending on June 15, 2046. 2. No Express or Implied Land Use Approvals. The City's execution and delivery of this Second Lease Extension Agreement does not, ipso facto, constitute the City of Aspen's approval of any modification or redevelopment of the Premises occurring after the date hereof. 3. Modification of Section 4.d of Lease. Section 4,d of the Agreement is hereby deleted in its entirety, and is replaced with the following language: "Prior to any construction of improvements on the Premises which would require the City of Aspen Building Department's issuance of a building permit, the Fire District and Thrift Shop shall first obtain written authorization from the City for the construction of such improvements, provided that the City's written authorization shall not be unreasonably withheld." Ed Wd0E:S0 HOE OE 'mode 8S89SE60L6 : 'ON X133 : WO8d FROM : FRX NO. : 9709256858 ,.,epr. 20 2011 05:20PM P3 fi r a ». All other terms and conditions of the Agreement, as modified by the Lease Extension Agreement dated August 28, 2005, shall remain in full force and effect. All capitalized terms as used herein shall have the same meaning as set forth in the Lease, as modified by the Lease Extension Agreement dated August 28, 2005. IN WITNESS WHEREOF, the parties have executed this Second Lease Extension Agreement the date day and year first written above. CITY By: a Klande , M for Attest: , )41/ - — Kathryn S. Koc ity Clerk ASPEFIRE PROTECTION DISTRICT • r - Attest: l i7 !tt. Secretary T7 THRIFT SHOP, WC. • By: ,t• h . ga lt , President Attest: ✓ , � .d n ze FROM : FAX NO. : 9709256859 Apr. 20 2011 05:19PM P1 w., RESOLUTION NO. i 6 Series of 2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SECOND LEASE EXTENSION AGREEMENT FOR THE ASPEN FIRE PROTECTION DISTRICT, BETWEEN THE CITY OF ASPEN AND THE ASPEN FIRE PROTECTION DISTRICT AS LESSEE AND THE THRIFT SHOP INC AS SUBLESSEE, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a second lease extension agreement for the Aspen Fire Protection District as Lessee and the Thrift Shop, Inc. as Sublessee, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that lease extension for the Aspen Fire Protection District and the Thrift Shop, Inc., between the City of Aspen and the Aspen Fire Protection District as Lessee and The Thrift Shop, Inc., as Sublessee, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said lease agreement on behalf of the City of Aspen. INTRODUCED, READ �AND �ADOPTED by the City Council of the City of Aspen on the /3 day 07Mb- - x06. He en al K de d, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day her- inabove stated. // Kathryn S. K. , City Clerk YLO. saved: 2/21711116—_'7: fiat Jtc.».frc JUnga lose esiensinn.doe Parcel Detail Page 1 of 3 Pitkin County Assessor /Treasurer Parcel Detail Information Assessor /Treasurer Property Search 1 Assessor Subset Query Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail Residential /Commercial Improvement Detail Land Detail 1 Photographs Tax Area I Account Number I Parcel Number 1 2010 Mill Levy 001 I R013962 1 273707330851 I 26.708 Owner Name and Address ASPEN FIRE PROTECTION DISTRICT 420 E HOPKINS AVE ASPEN, CO 81611 Legal Description Subdivision: CITY AND TOWNSITE OF ASPEN Block: 87 Lot: 0 AND:- Lot: P AND:- Lot: Q AND:- Lot: R FIRE STATION IMPROVEMENTS ONLY (LOCATED ON LOTS 0,P, & Q (THRIFT SHOP LOCATED ON R) LAND ON SCH 14257 Location Physical Address: 11406 E HOPKINS AVE ASPEN Subdivision: CITY AND TOWNSITE OF ASPEN Land Acres: Land Sq Ft: 10 2010 Property Tax Valuation Information 11 11 11 I� http : / /pitkinassessor.org/assessor /parcel .asp ? ParcelNumber= 273707330851 4/8/2011 Parcel Detail Page 2 of 3 /" 1 1 Actual Value 11 Assessed Value Land: I 0 0 ^* Improvements: II 150,0001 43,500 Total: 1 150,0001. 43,500 1 Sale Date: Sale Price: Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Tax Information 'Balance Due as of 9/14/2010 $0.00 Current Year Balance Due ati $0.00 Delinquent Years' Balance Due .,60 $0.00 Total Balance Due Tax Year Due In I Tax + Special Assessment Amount 2009 2010 $0.00 2008 1 2009 1 $0.00 2006 1 2007 I $0.00 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable As% to warrant any of the information herein contained. . m/ http : / /pitkinassessor.org/assessor /parcel .asp ?ParcelNumber = 273707330851 4/8/2011 ORDINANCE NO. 3 (Series of 2008) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE ASPEN FIRE PROTECTION DISTRICT HEADQUARTERS STATION AND THE THRIFT SHOP COWOP PROJECT ON A PROPERTY OWNED BY THE CITY OF ASPEN, LOTS 0, P, Q, AND, R, BLOCK 87, CITY AND TOWNSITE OF ASPEN AND 540 EAST MAIN STREET, A METES AND BOUNDS PARCEL, EAST ASPEN ADDITION, BLOCK 19 CITY OF ASPEN WHEREAS, the Aspen City Council, pursuant to Resolution 4, Series of 2006, determined eligible for the City's development for the Convenience and Welfare of the Public (COWOP) review process the redevelopment of certain real property (hereinafter the "Project ") owned by the Aspen Fire Protection District and the City of Aspen, and successors and assigns, for the purpose of providing a new and expanded Fire District Headquarters and Thrift Shop; and, WHEREAS, the Project includes the Fire Station Headquarters and the Thrift Shop. The City of Aspen owns the four lots and the Aspen Fire Protection District leases those lots from the City and owns the building. The Thrift Shop subleases from the Fire District and owns their own building; and, WHEREAS, the Project also includes 540 East Main Street (known as the Zupancis property) where a temporary shelter for one first -due response fire engine will be located while the Headquarters Station is being redeveloped; and, WHEREAS, the Project's design/development team was represented by Darryl Grob, the Fire District Chief, Nancy Gensch, Thrift Shop Board, Gilbert Sanchez and Joseph Spears of Studio B Architects, Leslie Lamont of Lamont Planning Services, Inc., Dick Fenton of Fenton Construction and John Kelleher an owner's representative; and, WHEREAS, the Fire District and the Thrift Shop, as a condition of their long term lease with the City of Aspen, seek final development approval from the City Council to construct and complete the Project subject to the COWOP process and the development approvals described herein; and, WHEREAS, the COWOP land use review process, Section 26.500 of the City of Aspen Land Use Code, was created and adopted by the City of Aspen to allow the planning of projects of significant community interest, when determined necessary by the City Council according to said Section, to involve an iterative process considering input from neighbors, property owners, public officials, members of the public, and other parties of interest assembled as a formal reviewing authority of the City of Aspen Task Force Team providing recommendations directly to City Council; and, Ordinance 3, 2008 Page 1 of 10 � � � � S 0 � WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team was comprised of Thrift Shop and Fire District representatives, neighbors, representatives of the City of Aspen Community Development Department, representatives of the City of Aspen City Council, representatives of the City of Aspen Planning and Zoning Commission, representatives of the City of Aspen Historic Preservation Commission, representatives of emergency services of Pitkin County, and members of the citizenry. The City of Aspen Community Development Director served as the chair of the Task Force Team, in compliance with the requirements of Section 26.500 of the Aspen Land Use Code. The composition of the Aspen Fire Station Redevelopment COWOP Task Force Team was approved by the City of Aspen City Council, pursuant to Resolution No. 4, Series of 2006, as amended by Resolution No. 99, Series of 2007; and provided the project with a broad range of expertise and awareness of community issues; and, WHEREAS, the COWOP review process enabled the planning and design of the Project to reflect essential community goals and values, taking into consideration various opinions and expressed points -of -view from neighbors, land owners, citizens, and technical expertise from various professional staff of essential City, County, and quasi - municipal districts; and, WHEREAS, the COWOP land use review procedure does not and has not lessened any public hearing, public noticing, or any critical analysis or scrutiny of the project as would otherwise be required; and, WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team met five (5) times to consider the Project; to identify the goals, objectives, and physical, financial, legal, and public policy issues and parameters of the project; and, to guide the programming, planning, and design of the project on the following dates: January 12, 2006; January 19, 2006; January 26, 2006; February 23, 2006; and, December 18, 2007; and, WHEREAS, Aspen Fire Station Redevelopment COWOP Task Force Team meetings were open to the public. Notice of the meetings in 2006 and the meeting in 2007 were published in The Aspen Times newspaper. Meeting summaries were produced and adopted by the Task Force; and, WHEREAS, the Project design/development team met with the City of Aspen Historic Preservation Commission (HPC) five (5) times on the following dates: January 11, 2006, January 25, 2006, February 22, 2006, November 14, 2007, and January 23, 2008 to review the Project because the Headquarters is within the Commercial Core Historic District; and, WHEREAS, the HPC granted Final HPC approval to the Project at their January 23, 2008 meeting pursuant to Resolution No. 2, Series of 2008; and, WHEREAS, the HPC granted a waiver to exceed the maximum 60' length of continuous element/roof height to 76' for this project; and, Ordinance 3, 2008 Page 2 of 10 w., WHEREAS, on March 13, 2006 City Council reviewed the progress of the Aspen Fire Station Redevelopment COWOP Project during a duly noticed public hearing and unanimously endorsed the direction of the planning and recommendations of the Aspen Fire Station Redevelopment COWOP Task Force Team, pursuant to City Council Resolution 15, Series of 2006; and, WHEREAS, voters approved a bond issue election in May 2, 2006, to fund a two part Fire District improvement program of which redevelopment of the Headquarters is one part; and, WHEREAS, on December 3, 2007, the Aspen City Council approved a temporary use permit for a temporary shelter for the first-due response fire engine at 540 East Main Street Pursuant to Resolution No. 99, Series of 2007 and City Council appointed new task force members to the Fire District COWOP Task Force Team; and, WHEREAS, redevelopment of the Fire Station Headquarters and the Thrift Shop will increase the square footage of each entity thereby enhancing their programs and operations and facilitate an overdue upgrade to the facilities; and, WHEREAS, the enhanced Headquarters will provide improved office space, a larger garage for the storage and maintenance of emergency vehicles, improved public space for community meetings and emergency management operations, and a museum for the display of Fire District memorabilia; and, WHEREAS, the Thrift Shop enhancements will increase the retail and display space and basement storage space, add offices and improve the drop -off and sorting areas; and, WHEREAS, the Project is consistent with the Civic Center Master Plan which recommends improvements for both entities so they may continue their traditional contributions to the community in their historic locations which add to the civic presence within the community and the commercial core of Aspen; and, WHEREAS, the Project has benefited from the COWOP Task Force Team's dialogue regarding community goals that could be achieved by this community project. The inclusion of affordable housing, free- market housing, public parking, and City offices were items discussed by the Task Force and for critical reasons related to security, space and the lack of employee generation by the Fire Station and Thrift Shop expansions, all four were deemed unsuitable for this project; and, WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team determined that additional floors above the Fire Station and the Thrift Shop should not be designed or entitled as part of this project but the building shall be structurally designed and built to accommodate future floors when and if the organization(s) require more space for reasons to be determined as changed conditions in the community may dictate; Ordinance 3, 2008 Page 3 of 10 and any such future additions will be subject to a land use review process defined at the time of review in the future; and, WHEREAS, Aspen Fire Station Redevelopment COWOP Task Force Team agreed that 540 East Main Street was an appropriate location for a temporary shelter for an emergency response engine for the duration of the redevelopment of the Headquarters; and, WHEREAS, during a publicly noticed meeting of the Aspen Fire Station Redevelopment COWOP Task Force Team on December 18, 2007, the Task Force Team recommended, by a vote of fourteen to zero (14 -0), that City Council approve the Project as it was represented during the December 18, 2007, meeting; and, WHEREAS, the Aspen Fire Station Redevelopment COWOP Task Force Team adopted a recommended motion to City Council related to the Project; and, WHEREAS, pursuant to Sections 26.304 and 26.500 of the Land Use Code, City Council may approve, approve with conditions, or deny all requisite land use approvals necessary to grant a development order for a proposed development determined eligible for COWOP land use review upon a recommendation from the Community Development Director and consideration of comments offered by the general public at a duly noticed public hearing; and, WHEREAS, the City of Aspen Community Development Director has reviewed the proposed development in consideration of the recommendations of the Aspen Fire Station Redevelopment COWOP Task Force Team, the requirements of the land use code, and comments from applicable referral agencies and has recommended approval of all necessary land use approvals for granting a development order for the proposed Project including Final approval of a COWOP Land Use Review, Final PUD Plan approval, Growth Management approval for an Essential Public Facility for the Project, a temporary shelter for a fire engine on 540 East Main Street, and vested rights; and, WHEREAS, during a duly noticed public hearing on March 11, 2008, the Aspen City Council reviewed the proposal and continued the public hearing until April 14, 2006; and WHEREAS, during a duly noticed public hearing on April 14, 2008, the Aspen City Council reviewed the proposal and continued the public hearing until April 28, 2008; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Aspen Fire Station Redevelopment COWOP Task Force Team, the Community Development Ordinance 3, 2008 Page 4 of 10 Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WIIEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the Aspen Area Community Plan and the recommendations of the Civic Master Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the City Council finds that the first official community action for the Project will be a community celebration titled the "Wrecking Ball," sponsored by the Thrift Shop. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: The Aspen Fire Station Redevelopment COWOP Project is hereby granted a development order for a site specific development plan and granted all necessary land use approvals including Final approval of a COWOP Land Use Review, Final PUD Plan approval, Growth Management approval for an Essential Public Facility, the temporary use of 540 East Main Street, and vested rights subject to conditions of approval as described herein. Section 1: Aspen Fire Station Redevelopment COWOP Task Force Team Findings The Aspen Fire Station COWOP Task Force Team recommends approval to the Aspen City Council for the redevelopment of the Fire Station and the Thrift Shop finding that: 1. The redevelopment is consistent with the recommendations of the Civic Master Plan in that both entities will be expanded and will remain downtown thus preserving their civic presence within the community. 2. The COWOP Task Force supports the mass, scale and dimensions of the redevelopment as presented to the COWOP at their meeting on December 18, 2007 clarifying that the square footage of the Thrift Shop is net square footage. 3. The COWOP Task Force approves of the use program for the site and the gross square footages as presented to the COWOP at their meeting on December 18, 2007 recognizing that from design to construction square footage does shift slightly. 4. The redevelopment is compatible with the immediate neighborhood and the downtown area. Ordinance 3, 2008 Page 5 of 10 5. The COWOP Task Force approves of the design elements as described at the COWOP meeting of December 18, 2007. 6. The Aspen Fire Protection District is an essential public facility. The expansion of both the Fire Station and the Thrift shop will not generate additional employees. Both entities depend upon volunteers to support their organizations. 7. The COWOP Task Force approves of the use of the Zupancis property for the essential service of a temporary fire engine shelter from March 2008 to December of 2010. In the event that the Zupancis/Galena Site Plan development of the Zupancis property should begin before the end of the shelter's term, the City shall work with the Fire District to find an appropriate alternative site that would allow the relocation in a timely manner without compromising public safety. 8. The COWOP Task Force understands and endorses the potential future need for an additional floor on the Fire Station and/or Thrift Shop. In the current plan, the structure will be designed to support future development and the Fire District and/or Thrift Shop may seek additional land use approvals when a use program and design have been defined in the future, and according to land use requirements at that future time. 9. The design/development team explored the opportunity to provide a basement under the truck bays in the Fire Station and presented to COWOP that it is not feasible. The COWOP supported that conclusion. 10. The first official action for the commencement of destruction of the Thrift Shop is "The Wrecking Ball," to which the COWOP task force is invited to attend. Section 2: Adoption of Findings The City Council hereby adopts the findings of the Fire Station Redevelopment COWOP Task Force, as listed in Section 1. Section 3: Approved Project Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans, as follows: Per Final PUD Plan - - - Per Final PUD Plan Per Final PUD Plan Per Final PUD Plan a' 1 Per Final PUD Plan - - - -�" Per Final PUD Plan Per Final PUD Plan Per Final PUD Plan - -'4 No requirement Ordinance 3, 2008 Page 6 of 10 tM. ✓ Per Final PUD Plan TOTAL: 22,980 sq. ft. ,• Fire Station: 12,599 sq. ft. _ - - - - City/County IT Server 600 sq. tt - - = Other Non-Prot ram •_. es: 6 402 ft. -- - 40' measured from existing grade depicted on Final PUD Plan with following exceptions: Hose and stair tower: 50' Elevator enclosure: 54' Roof access hatches, chimneys, exhaust flues, solar panels, communication antennae and skylights may extend up to 10' above the roof elements on which the are located. '€zr a - - ± 3 spaces on the alley Section 4: Temporary Use of 540 East Main Street The City of Aspen City Council hereby approves the temporary use of 540 East Main Street (the former Zupancis property) for a shelter to house a first -due fire engine while the Headquarters building is being reconstructed. During reconstruction all operations of the Fire District will be relocated to the recently completed North Forty fire station. However, in order to effectively respond to a call in Aspen, east of Castle Creek, it is important to station a vehicle in downtown Aspen. Many of the volunteers work in Aspen and arriving at 540 East Main Street to prepare for a call will ensure a timely response to an emergency in downtown and the immediate vicinity. A temporary use for the shelter was granted by Aspen City Council pursuant to Resolution 99, Series of 2007. However a temporary use is only permitted for a maximum of six months, with one additional six -month period, if approved. This Ordinance approves the use of 540 East Main Street for the duration of the reconstruction of the Fire Station Headquarters unless the Zupancis/Galena Site Plan development of the Zupancis property should begin before the end of the shelter's term. In that event the City shall work with the Fire District to find an appropriate alternative site that would allow the relocation in a timely manner without compromising public safety. Section 5: Growth Manaeement Approval as an Essential Public Facility The Aspen City Council hereby approves the Fire Station and Thrift Shop as Essential Public Facilities, pursuant to Section 26.470.040(D)3, fmding that the proposed development is consistent with the Aspen Area Community Plan; that the expansions of these buildings will not generate new employees as both organizations operate with volunteers; that there is no free market residential or commercial component to this plan; and that the project generally adds to the overall capability of the public infrastructure. Section 6: Civic Center Master Plan The Aspen City Council finds that the proposed redevelopment of the Aspen Fire Protection District Headquarters and the Thrift Shop are consistent with the findings and recommendations of the Civic Master Plan; and, Ordinance 3, 2008 Page 7 of 10 Section 7: Final PUD Plans Within 90 days after final approval by City Council, the applicant shall record a Final PUD Development Plan. The Final PUD Plans shall include: 1. An illustrative site plan with dimensioned building locations. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan with a signature line for the City Parks Department, this should include any movable planters /pots within pedestrian areas. 3. Building elevations demonstrating the general architectural character of the project, building materials, fenestration, projections, and dimensions and locations of elevator shaft head, skylights, mechanical equipment, etc. 4. A utility plan meeting the standards of the City Engineer and City utility agencies. 5. Construction details for improvements to the public rights -of -way, including the alley. 6. A grading/drainage plan with any off -site improvements specified. Any off -site improvements shall be done in coordination with the City Engineering Department. 7. An exterior lighting plan meeting the requirements of Section 26.575.150. 8. A table summarizing dimensional standards of the project. Section 8: PUD Agreement Within 90 days after final approval by City Council, the applicant shall record a PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: 1. Agreements with the City of Aspen, as described above, regarding: use of the 540 East Main Street property. 2. An estimated construction schedule with estimated schedules for construction affecting city streets. Section 9: Building Permit Submission and Issuance The Community Development Department shall accept and process a building permit application upon adoption of this ordinance and prior to recordation of the necessary plats and agreements. The Community Development Department shall expedite the permit and issue an Access Infrastructure and Demolition Permit in an expedited fashion. Section 10: Building Permit Requirements The building permit application shall include/depict: 1. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 2. A signed copy of the final Ordinance granting land use approval. 3. A fugitive dust control plan approved by the Environmental Health Department. Ordinance 3, 2008 Page 8 of 10 4. A constriction management and parking plan meeting the specifications of the City Building Department. Section 11: Project Amendments Amendments to the Project within one year of the adoption of this ordinance shall be reviewed by the Community Development Department Director and, as applicable, the Historic Preservation Officer and Project Monitor. If, in the opinion of the Community Development Director, the amendment is substantial, the Community Development Director shall forward the request to the City Council for review and approval. Amendments to the project after this initial one -year period, shall be reviewed according to the procedures and limitations of the Land Use Code. Sectionl2: Vested Ri¢hts The development approvals granted herein shall be vested for a period of three (3) years from the date of issuance of the development order. No later than fourteen (14) days following the final approval of all requisite reviews necessary to obtain a development order as set forth in this ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a vested property right, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described properties: 420 East Hopkins Avenue, Lots 0, P, Q and R, Block 87, City and Townsite of Aspen; and 540 E. Main Street, a metes and bounds parcel, East Aspen Addition, Block 19, City of Aspen, by Ordinance No. 3, Series of 2008, of the Aspen City Council. Section 13: All material representations and commitments made by the Aspen Fire Protection District and Thrift Shop (the developer), pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Fire Station Redevelopment COWOP Task Force Team, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 14: This Ordinance 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 15: Ordinance 3, 2008 Page 9 of 10 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 16: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 17: A public hearing on the Ordinance was held on the 28 day of April, 2008, at 5:00 in the Rio Grande Meeting Room, 455 Rio Grande Place, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same was made according to the requirements of Section 26.304.060E(3)b -c. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 11 day of February, 2008. Attest t e Zi -26 Coe Kathryn S. � ' h, City Clerk Michael C. Ireland, Mayor FINALLY, adopted, passed and approved this 2g day of in L2008. a6 .iii / i t - ', 9." %/—ZS of Kathryn S. ch, City Clerk Mi ' ae ' . Irelan h , Mayo Approved as to form: �1�is l/ tohia ester, City Attorney Ordinance 3, 2008 Page 10 of 10 • -� City of Asper General / Bui ing Permit Application 130 South Galena Street, Aspen, Colorado 81611 THE CITY OF ASPEN Phone (970) 920 -5090 Fax (970) 920 -5440 PERMIT NO. - j tress 20 GL• b /` �// /S `4•' 'Lot Bock Tract or Subdivisi n Parcel ID (call 920 -5160) Legal Description Best Contact te e AO one/ 1 hone/E-mail hr \'� 7 7 Q- ?oaf D 2 Owner , /�� /IV/ s / Phone No E -mail Owner's Authori d • :ent e No. /1J / ate / 0 Il a f hone No. E -mail 7A J / T G- era ontrac •r Phone No A Lice a No. ♦ S5 9e 377- D9 E-mail Jim Ct ricS4 r/,r Architect A Phone No. Alternate Phone No. E -mail of Jt r w.r / •- ) -Cfr rt L� #/s G V/ /N a ieG/¢- Use of Building: ❑ Single Family ❑ Multi- Family ❑ Commercial /Residential commercial ❑ Other Class of Work: ❑ New ❑ Addition ❑ Alteration ❑ Repair ❑ Move ❑ Tenant Finish ❑ Demo ❑ Other Valu rk$ 'Existing Sq. Ft. of Unit: I Sq. Ft. This Permit: ,.? Sit's I Food Service in this Building? ❑ yes gno '^ /( ' A no NO ICE: Separate permits are required for electrical, plumbing or mechanical work. This permit becomes null and void if work or construction authorized is not commenced within 180 days, or if construction or work is suspended or abandoned for a period of 180 days at any time after work has commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. It is my responsibility to review the approved plans and any comments that are coi ., see t toe structure and /or project is built in compliance with all applicable codes. USE TAX: The General Contractor or Owner Builder is required to pay a Use Tax Deposit to both the City of Aspen (2.1 %, first $100,000 is exempt) and Pitkin County (0.5 %, no exemption) on the building • • ' a?the time of issuance. All sub- permits pulled under a building permit are paid by this deposit payment and should not pay use tax. Cr ,ssct r Signature Print Na Date h Cy .7�[�., Ct— . I 1' ., C ` , � , e t � e �-- /'• /9./a • • . ignature (if Owner /Builder) • Print Name Date Two sets of 24" x 36' drawings and one set of 11" x 17" drawings, drawn to scale, must accompany this application. FOR CITY USE ONLY Permit Type: BD CO DE FD FN MH MS RF SN PLANS LOCATION # Census Code Occupancy Load Occupancy Group Lot Area Zone District Deed Restricted No. of Stories No. of Dwellings Type of Construction: Alarm5 stem Req. Fire S r Req. Historic Property? HPC Certificate of ApproriRriateness presubudttal by H yes ❑ no yes ❑ no ❑ yes ❑ no ❑ yes u no Size of Building (Total Sq. Ft.) No. of Parking Spaces No. Bedrooms added: No. Bathrooms added: Date . covered: uncovered: APPROVALS t / Authorized by: Date FEES III Cost FEES III Cost application Accepted by. Zoning✓ BUILDING FEES ZONING FEES Date HPC 7 Aspen San. Dist. 0.1.5. Pion Check by: Engineering City Use Tax Housing cash -in -lieu Date- Env. Health County Use Tax Park Impact Approved for issuance by Parks Energy Code Ped. Amenity Fee Date' Issued by Water Eng. Sys. Dev. School Ded. , Sanitation Permit Fee TDM Impact Date: CMP Plan Check V Zoning THIS ISA PERMIT ONLY WHEN VALIDATED. WORK Fire District HEMP Other STARTED WITHOUT PERMIT — ,,.'.. other WILL BE DOUBLE FEE. ON Water Tap RECEIPTS • PLEASE CALL IN INSPECTION TO (970) 920 -5408 r r; k . k ; 3 � K g I ? IF m e e t ti E ° P F. t�T� n r . 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