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HomeMy WebLinkAboutagenda.apz.20090106AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, January 6, 2009 4:30 p.m. -Public Hearing SISTER CITIES, CITY HALL I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS: A. Pitkin County Jail, Growth Management Review B. Aspen Institute (Greenwald Pavilion), SPA Amendment C. 533 E. Hopkins (Kenichi restaurant), Growth Management Review VI. OTHER BUSINESS A. Chairperson and Vice-Chairperson Appointments 2009 VII. BOARD REPORTS VIII. ADJOURN NEXT RESOLUTION NUMBER: ~ ~ `t - 0 I SCA . MEMORANDUM TO: Planning and Zoning Commiss~iGo/n FROM: Errin Evans, Current Plannerv' THRU: Jennifer Phelau, Deputy Community Development Director( DATE OF MEMO: December 19`", 2008 MEETING DATE: January 6`", 2008 RE: 485 Rio Grande Place -Growth Management Quota System Review APPLICANT /OWNER: Jodi Smith, Pitkin County Faculties Manager /Pitkin County REPRESENTATIVE: Stan Clauson Associates, Inc. LOCATION: Civic Address - 485 Rio Grande Place; Legal Description -Pitkin County Center Lot 1 and Lot 5 of the Rio Grande Subdivision; Parcel Identification Number - 2735-182-19-002 CURRENT ZONING & USE Located in the Public zone district with a SPA overlay containing essential public buildings such as the County Court House and the County Jail. PROPOSED LAND USE: The Applicant is requesting to construct an addition to house computer servers. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission recommend that Council approve the request for a Growth Management Quota System exemption to construct an addition to the County Jail Building. SUMMARY: The Applicant requests of the Planning and Zoning Commission to approve the request for exemptions for growth management mitigation. Photo of the Revised 12/30/2008 Page 1 of 4 BACKGROUND: On December 16, 2008, the Planning and Zoning Commission made a recommendation to Council to approve an amendment to the Rio Grande Specially Planned Area (SPA) for an addition to the County Jail. The Rio Grande SPA encompasses several properties including the two properties owned by the County. The two properties will be the location of the new addition. In addition to the SPA amendment, the application is also required to undergo Growth Management Review. When the application was first submitted, there was some confusion whether or not the review was required because no new net leasable areas will be created. The Planning and Zoning Commission is now requested to make another recommendation to Council to approve, approve with conditions or deny the review for growth management. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and,Zoning Commission: • Growth Management Ouota System -Essential Public Facilities pursuant to Land Use Code Section 26.470.090 4. Any development to an essential public facility requires the Planning and Zoning Commission, at a public hearing, to make a recommendation to the City Council for approval, approval with conditions or disapproval of the Growth Management Review. The City Council is the final authority. GROWTH MANAGEMENT REVIEW: The Planning and Zoning Commission first saw this application on December 16th to review the SPA amendment. This application also requires growth management review. This addition will be used to store technical computer equipment. There will be no employees working in the unit except for routine equipment checks nor will the addition generate new employees. There will be no new net leasable commercial or office space created as defined by the Land Use Code: "Net leasable commercial and office space: Those areas within a commercial or office building which are, or which are designed to be, leased to a tenant and occupied for commercial or office purposes, exclusive of any area including, but not necessarily limited to, areas dedicated-to bathrooms, stairways, circulation corridors, mechanical staging areas and storage areas provided, however, that these areas are used solely by tenants on the site." Staff Comments This application is required to undergo review under Growth Management because it is an addition to an essential public facility. Since no new net leasable area is created, there are no requirements for growth management mitigation. RECOMMENDATION: Community Development Department staff recommends that the Planning and Zoning Commission recommend that the Council approve the request for Growth Management Review. Revised 12/30/2008 Page 2 of 4 RECOMMENDED MOTION: If the Planning and Zoning Commission chooses to recommend approval for the request, they may use this motion "I move to make a recommendation to City Council to approve the request for the exemption for growth management mitigation." i. ;. , ATTACHMENTS: Exhibit A -Staff findings Exhibit B -Application Revised 12/30/2008 Page 3 of 4 RESOLUTION NO. O D I (SERIES 2009) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, MAKING A RECOMMENDATION FOR APPROVAL TO COUNCIL FOR GROWTH MANAGEMENT REVIEW FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO THE PITKIN COUNTY JAIL BUILDING LOCATED AT 485 RIO GRANDE PLACE, LEGALLY KNOWN AS LOTS 1 AND 5, PITKIN COUNTY CENTER, CITY OF ASPEN Parcel Identification Number 2737-073-47-851 & 2737-073-06-855 WHEREAS, Stan Clauson Associates, Inc. located at 412 North Mill Street, Aspen, Colorado on behalf of Pitkin County, 530 E. Bleeker Street, Aspen, Colorado, submitted a request for a Specially Planned Area Amendment dated October 6th, 2008 to the Planning and Zoning Commission; and WHEREAS, the subject property is located of 485 Rio Grande Place, Aspen, the parcels aze 6e identified as pazcel numbers 2737-073-47-851,& 2737-073-06-855, and the legal description of the property is: Pitkih County Center, Lot 1 and 5, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department determined mitigation for growth management was not applicable as the proposal is for storage of computer infrastructure and does not generate net leasable area; and, WHEREAS, during a duly noticed public hearing on December 16~', the Planning and Zoning Commission approved Resolution No. 36 Series of 2008, making recommendation to Council to approve an SPA Amendment for the construction of an addition to the County Jail; and, y, WHEREAS, during a duly noticed public heazing on January 6, 2009, the Planning and Zoning Commission made a recommendation to Council to approve the request for Growth Management Review; and, WHEREAS, the Aspen Planning and Zoning, Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Planning and Zoning Commission 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 OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for exemptions for growth management mitigation. This proposal does not generate new employees or create new net leasable commercial or office space. This addition is proposed to be used for the storage of computer equipment. If this use was to change iri the future, growth management mitigation may be required. Section 2• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fixlly 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. +=i APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6~' day of January, 2009 with a _ - _ vote. Attest: Jackie Lothian, Deputy City Clerk LJ Erspamer, Chairperson APPROVED AS TO FORM James R. True, Special Counsel EXHIBIT A 26.470.090 Review Standards for Development of Essential Public Facilities The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions, or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. The proposed addition is an accessory use to the County Jail and other County and City services. It will be used to facilitate a more efficient network and computer server system. Currently, the existing facilities are inadequate and the new addition will accommodate all the current needs for space and allow for more growth of future computer equipment. Stafffnds this criterion to be met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate or warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. The addition will be used to house data equipment and computer servers. There will not be any new net leasable commercial or office space created. There will not be any new staff generated as a result. No growth management mitigation is required for this proposed addition. Staff finds this criterion to be met. Revised 12/30/2008 Page 4 of 4 >~ ~XNtaiZ3 STAN CIAUSON ASSOCIATESiNc landscape architecture. planning resort design qu North Mill Street Aspen, Colorado Sibu t.97o/gz5-z3z3 f. q7o/gzo-~6z8 info~scaplanning.com www.scaplanning.mm Memo io: Errin Evans, City of Aspen Community Development Dept. From: Stan Clawson, AICP, ASLA Cc: Jodi Smith, Pitkin County Facilities Manager Date: 24 December 2008 Re: Pitkin County Data Center, responses to Sec. 26,470.090 Pursuant to our application for an SPA Amendment for a modular structure adjacent to the Pitkin County Jail to house data processing equipment, we are submitting this supplementary information responding to the "Essential Public Facilities" section of the City of Aspen Land Use Code. After we had submitted our application and provided public notice for the Planning & Zoning Commission hearing of 16 December 2008, City staff determined that it would be necessary to respond to this code section. Accordingly, public notice has been provided for a second Planning & Zoning commission hearing on b January 2009 and this supplementary memorandum is provided in response to the aforementioned code section. Sec. 26.470.090. City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, 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 City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria.' a. The Community Development Director has determined the primary use ancl/or structure to be an essential public facility (see definition). flccessory uses may also be part of an essential public facility project. / .~ 3 .n, 1 Enin Evans, City of Aspen Community Development Department 24 December 2008 Page Two ,: ,;, , Response: The Community Development Director has determined that the proposed addffion to the Pitkin County Jail for a structure to house City and County data processing facilities is an essential public facility and subject to the provisions of this section. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Response: The proposed data center will consolidate data processing equipment currently housed with an unacceptable level of security in equipment closets of various city and County buildings. It will provide a greater level of security for this equipment, while meeting the foreseeable expansion needs for addtional equipment. The consolidation of this equipment will provide for enhanced security and maintenance efficiency, thereby supporting community goals. This new facility will not generate any new employees. Moreover, the spaces being vacated by the relocation of this equipment are not likely to support additional employment generation. is MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Planning Deputy Director ~B . FROM: Jason Lasser, Special Projects Planner ~ L RE: The Aspen Institute -Greenwald Pavilion (Tent) -Consolidated SPA Amendment and GMQS Review, -Resolution No.~, Series of 2008 MEMO DATE: December 31, 2008 MEETING DATE: January 6, 2009 SPECIAL NOTE: This staff report is new since the December 16"' hearing and addresses the changes to the proposal since the last hearing. It contains the following: • A summary of the issues raised from the last meeting with additional information provided by Staff and the Applicant; • Staff recommendation & motion; and • A revised resolution. Also attached is the original staff report of December 16, 2008. This memo provides the commission with the development proposal, background and dimensional standards associated with the development so that you have this information at hand. SUMMARY AND QUESTIONS: At the December 16`s public hearing on The Aspen Institute Greenwald Pavilion (permanent, summer-only tent), the Planning and Zoning Commission raised a number of issues that they asked be addressed in further detail prior to moving on the application. An informal Development Review Committee meeting was held on December 17 to review the December 9, 2008 submission "Proposed Plan A" (tent location off utilities) and "Proposed Plan B" (tent location straddling utilities). Due to site constraints, the applicant is requesting the Planning and Zoning Commission review the December 9, 2008 submission "Proposed Plan A." Changes to the landscape plan features have been included in the drawing submitted by the applicant on December 29, 2008, attached as Exhibit K. The Applicant has amended the design of the project and a summary of the changes are provided below. Comments from Staff follow in a separate, italicized paragraph when applicable. 1) Proposed Changes. • Pavilion Location At the December 16' 2008 hearing, the location of the tent was discussed, particularly "scheme B" (with the tent straddling the utilities). After a Development Review Committee (DRC) meeting it was determined to be unacceptable by Public Works due to difficulties with emergency access. Page 1 of 5 Community Development Staff and the referral agencies recommend "scheme A;" presented with "scheme B" on December 9, 2008. The proposed location of the pennanent, summer-only tent will be north of the existing temporary use location to allow for emergency access to the water and sewer mains. The terrace on the south side of the tent will allow for emergency access, the material to be determined, but likely to be ADA compliant crusher fines, installed to the specifications of the Building Department. The Utility Department has stated that the tent cannot be located on the easement. Per the International Building Code (IBC): All paths shall be firm, stable, and slip resistant. Staff recommends the applicant continue to research materials and work with the Parks, Engineering, and Building departments to meet their requirements. • Reducine the width of asphalt to six (6) feet on the fire truck access road Questions about the material of the fire access road, hammerhead, and relationship to the pedestrian path were raised by the Commission and Staff, specifically the increase in the amount of impervious surface azea. In response to the comments about the 14' wide asphalt road, the applicant has instead proposed a 6' wide pedestrian, bike, and cart path, with pavers (that allow grass or vegetation to pass through) that make up the additional width required to allow for proper fire truck emergency access requirements. The additional width will be comprised of a material to be determined (crushed fines, grass between pavers, landscape/pedestrian friendly) but will allow for the required loads. Configuration of the turnazound "hammerhead" will accommodate the existing trees, as approved by the Pazks Department. Per the International Fire Code (IFC): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities (this provision does not specify a particular type of surface. It is written in performance language; therefore, the surface must carry the load of the anticipated emergency response vehicles and be drivable in all kinds of weather).If grass pavers are to be used, they must be installed to meet the above standards. The grass paved areas must be maintained (be careful of snow plowing ripping out the pavers). The grass paved areas must be delineated from adjacent landscaping. Staff recommends the applicant minimize the amount of asphalt, providing an alternative material for the access road in order to provide a pervious, landscape friendly experience for the pedestrian. • The bike/cart/nedestrian oath has been moved bevond 15 feet from top of sloe Concerns were raised about the proximity of the initial proposal in which the pedestriw/bike/cart path was directly adjacent to the top of slope (Stream margin Review standards do not allow for any development within a setback of 15 feet from top of slope). The applicant has relocated the cart path to the south to avoid encroaching into the required 15' setback from top of slope. Concerns about the proximity of the relocated path to the top of slope were expressed at the December 16, 2008 hearing. A request to move the path to avoid being within 1 S feet from the top of slope by Commission members and Staff has been addressed by the applicant to locate the path outside of the IS' setback The disturbed areas Page 2 of 5 shall be re-vegetated with native plants as approved by the Parks Department. Staff recommends the applicant continue to work with the Parks Department on the landscape plan for the proposed path and surrounding areas. • Landscapine Neighborhood concerns about the mass and scale of the temporary tent have been raised. A berm and screening landscaping to the north of the tent have been proposed. In addition, to meet requirements for facilities, the application proposes three (3) port-o-potties to be located between the tent and the Koch seminar building. The bathrooms aze to be required only when the permanent, summer-only tent is functioning for events. Landscape screening for both the tent and temporary facilities has been proposed. In order to reduce the perceived mass and height of the tent, the applicant has submitted a detailed landscape plan for the area to the north of the tent, along the pedestrian and bike path. Parks has requested that the trees be deciduous either aspen or cottonwood, as the tent will only be used in the summer (when the leaves are out) and when the tent is removed in the winter, the bare trees will allow for transparency through the site. The applicant has responded to a reguest to screen the temporary facilities with landscaping from both the Commission and Staff. Building department has reviewed and conceptually approved `proposed plan A" December 9, 2008 submission, and determined that temporary port-o potties are sufficient for the needs of the events in the Pavilion. At least one (1) ADA compliant stall shall be provided Staff recommends the applicant continue to work with the Parks Department to establish a landscape plan to be reviewed prior to Ciry Council review. • Maximum of 8 events per year, no private events, all events must comply with City of Aspen sound ordinance requirements Due to neighborhood concerns about noise, frequency, and use; the number of events has been limited to eight (8) per summer. Concerns about noise from late-running private parties, (such as weddings) have been raised by neighbors. The applicant has agreed to eliminate private events, and all events will be scheduled to comply with the City sound ordinance. Changes in 2006 from the original 2005 temporary use permit included the elimination of private' events due to noise complaints and violations (of Ciry Ordinance). Staff recommends limiting the number of events to alleviate traffic and transportation concerns. Private events have more ,flexible schedules (such as weddings with dancing at the end of the evening, for example) than a lecture or ideas festival type event, which has brochures and marketing material with a specific timeline. Staff recommends that the Planning and Zoning Commission recommend that Council prohibit private events, and require all events to comply with the Ciry of Aspen sound Ordinance. REFERRAL AGENCY COMMENTS: The City Engineer, Zoning Officer, Pazks Department, Fire Marshal, Aspen Consolidated Sanitation District, Building Department, Housing Department, Historic Preservation Officer, Utilities, Transportation, and Parking Departrnents have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. Page 3 of 5 STAFF RECOMMENDATION: Initially, in the first proposal, the removal of existing plantings and increase in non-landscaped surfaces, paved trails and vehiculaz access ways detracted from the existing pedestrian experience, and did not enhance the mix of development in terms of open space (relationship to Anderson Park) and landscaping. However, with reductions in tent size, limiting impervious surfaces, moving the pedestrian path (from within 15 feet from top of slope), and landscape screening for the tent and temporary facilities the proposal has addressed the concerns of the neighbors, Planning and Zoning Commission, and Community Development Department. Staff recommends that the Planning and Zoning Commission approve the application with conditions, and recommends the applicant continue to refine the proposal and provide drawings (reflecting the conditions) for review prior to proceeding to City Council. Specifically, Staff recommends: • Conditions of Aaaroval 1) The applicant shall provide a drainage plan, grading plan, and transportation plan (mitigating for Tent events) as approved by the City Engineer. 2) The transportation plan and scheduling of events shall address the number of concurrent events, increasing the mitigation and management for overlapping events as approved by the City Engineer. 3) The institute shall hold no more than 8 events per year at the Greenwald Pavilion. 4) No private events shall be held at the Greenwald Pavilion (weddings, etc.) 5) All events must comply with City of Aspen sound ordinance requirements. 6) The Greenwald Pavilion shall comply with the requirements of the ACSD and Public Works (no tent or structures over the utility easements) to allow for emergency access. 'n Landscape screening on the north side of the tent and around the toilet facilities shall be provided around the north and west edges of the temporary facilities (port-o- potties with a minimum of one (1) ADA stall required). 8) At least one (1) pedestrian path through the Paepcke Memorial Garden shall be accessible (ADA -all paths must be firm, stable, and slip resistant). RECOMMENDED MOTION ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution #35, Series 2008, recommending consolidated approval of the Specially Planned Area (SPA) Amendment to the Greenwald Pavilion Tent with conditions." ATTACHMENTS: EXHIBIT A -SPA Amendment, GMQS Staff Findings (provided in the 12/16/08 packet) EXHIBIT B -Applicant Supplemental Information -SPA, GMQS criteria -letter dated 6/30/2008 (provided in the 12/16/08 packet) ExHisiT C -Applicant Supplemental Information -Employee Analysis -letter dated 8/18/08 (provided in the 12/16/08 packet) Page 4 of 5 EXHIBIT D -Applicant Supplemental Information -Traffic & Parking Memo -email dated 8/19/08 (provided in the 12/16/08 packet) ExxisiT E - DRC Comments - APCHA, Parks, Transportation & Parking, Engineering, and Zoning (provided in the 12/16/08 packet) EXHIBIT F -Historic Preservation Commission Minutes - 5/28/08 (continued), 7/23/08 (approved with conditions), and November 12, 2008 (provided in the 12/16/08 packet) EXHIBIT G -Ordinance No. 14, Series of 1991 -Final Approval of the Aspen Meadows Specially Planned Area (SPA) (provided in the 12/16/08 packet) EXHIBIT H -The Aspen Meadows Specially Planned Area Development & Subdivision Agreement (provided in the 12/16/08 packet) EXHIBIT I -Revised Plan, Elevations -Tent Utilities and Alternate location (north of sewer and water mains) (provided in the 12/16/08 packet) EXHIBIT J -Revised Plan, Elevations -December 9' 2008 submission -Tent Utilities and 2"a Alternate location (over sewer and water mains) (provided in the 12/16/08 packet) Exx~srr K -Revised Plans (Proposed Plan A-2 and landscape plan) -December 24' 2008 submission -Alternate location (off of sewer and water mains) (provided in new packet for the January 6, 2009 Public Hearing) Page 5 of 5 RESOLUTION N0. 35, (SERIES OF 200 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE A CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND GROWTH MANAGEMENT REVIEW FOR A PERMANENT, SUMMER-ONLY TENT, LOCATED UPON LOT 1-B OF THE ASPEN MEADOWS SUBDIVISION, COMMONLY KNOWN AS THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET PARCEL ID: 2735=121-29-809 WHEREAS, the property commonly known and referred to as the "Aspen Meadows" has previously been designated a specially planned area (SPA) on the City of Aspen Official Zone District Map; and WHEREAS, Ordinance No. 14, Series of 1991, of the City Council of the City of Aspen, granted final approval of the Aspen Meadows Specially Planned Area (SPA) final development plan, and associated land use approvals; and WHEREAS, in 1992, the First Amended Plat was approved to reconfigure the subdivision to create Lot 1-B, a parcel that is 13.160 acres and has three existing buildings; the Bechter Building, the Koch Seminar Facility, and the Paepcke Auditorium building. WHEREAS, in 1995, the Second Amended Plat was approved, allowing modifications to the Seminaz Building, defining dimensions and setbacks with a supplemental site plan. WHEREAS, the Institute has been operating asummer-only tent as a temporary use from 2005 through 2008 for special events that exceed the capacity of existing meeting rooms on the Institute campus; and WHEREAS, the applicant, The Aspen Institute, represented by Jim Curtis, Planner, requested conceptual major development approval for a permanent, summer-only tent, located at 1000 N. Third St., Aspen Institute, Aspen Meadows, Lot 1 B, City and Townsite Aspen; and WHEREAS, at their regular meeting on July 23, 2008 (after the hearing was noticed, opened, and continued from May 28, 2008 and July 23, 2008), the Historic Preservation Commission considered the application, found the application was consistent with the review standards and "City of Aspen Historic Preservation Design Guidelines" and approved the (conceptual) application with conditions by a vote of 5 to 0. WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended the Applicant amend the proposal to better comply with the requirements of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing continued to January 6, 2009, upon further public testimony, discussion and consideration, the Planning and Zoning Commission adopted Resolution No. _, Series of 200_ by a five to zero ~-~ vote; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all the applicable development standazds and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION 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 Planning and Zoning Commission hereby recommends approval of a Consolidated Specially Planned Area (SPA) Amendment and Growth Management Quota System Review for an Essential Public Facility with the following conditions to be incorporated prior to City Council Review: Conditions of Aaaroval 1) The applicant shall provide a drainage plan, grading plan, and transportation plan (mitigating for Tent events) as approved by the City Engineer. 2) The transportation plan and scheduling of events shall address the number of concurrent events, increasing the mitigation and management for overlapping events as approved by the City Engineer. 3) The institute shall hold no more than 8 events per year at the Greenwald Pavilion. 4) No private events shall be held at the Greenwald Pavilion (weddings, etc.) 5) All events must comply with City of Aspen sound ordinance requirements. 6) The Greenwald Pavilion shall comply with the requirements of the ACSD and Public Works (no tent or structures over the utility easements) to allow for emergency access. 'n Landscape screening on the north side of the tent and around the toilet facilities shall be provided around the north and west edges of the temporary facilities (port-o- potties with a minimum of one (1) ADA stall required). 8) At least one (1) pedestrian path through the Paepcke Memorial Garden shall be accessible (ADA -all paths must be firm, stable, and slip resistant). Section 2: Buildine The Applicant shall meet adopted building codes and requirements if and when a building permit is submitted. Accessible routes to any public right-of--way and accessible parking spaces will be required. The proposed project will be subject to the newly adopted Use Tax on building materials. The proposed project may be required to comply with a newly developed Efficient Building Program for Commercial projects. Section 3: Engineerin¢ The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, and all design and construction standards published by the Engineering Department. Section 4: Affordable Housing Audit The applicant shall submit an employee audit priol ;to building permit issuance and two yeazs after issuance of C.O. the form and methodology ofthe audit shall be reviewed by APCHA and be consistent for both audits. The applicant shall provide mitigation for any increase in employees unless otherwise waived by City Council. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC). Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities (this provision does not specify a particular type of surface. It is written in performance language; therefore, the surface must carry the load of the anticipated emergency response vehicles and be drivable in all kinds of weather). If grass pavers aze to be used, they must be installed to meet the above standazds. The grass paved areas must be maintained (be careful of snow plowing ripping out the pavers). The grass paved areas must be delineated from adjacent landscaping. Section 6: Public Works The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standazds of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required. by the i pity of Aspen Water Department. Utility placement and design shall meet adopted City of Aspen standazds. No structures shall be permitted over the utility easements. Emergency access to service the utilities shall be provided at all times. Section 7: Sanitation District Requirements Permanent improvements are prohibited in sewer easements or right of ways including hard landscaping which will impact public ROW or easements owned by the district. A revocable license issued by the district to the Institute will be required to construct a terrace on the district's easement. Prior approval of construction material for the terrace will be required. Additional access easements will be required from the applicant to the district to facilitate the district's ability to maintain the main sanitary sewer lines. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that cleaz water connections aze not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. ACSD will not approve service to food processing establishments retrofitted for this use at a later date. Driveway entrance drains must drain to drywells, elevator shafts drains must flow thru o/s interceptor. Permanent improvements are prohibited in sewer easements or right of ways. All ACSD fees must be paid prior to the issuance of an excavation foundation or access/infrastructure permit. Section 8: Environmental Health "w The state of Colorado mandates specific mitigation requirements with regard to asbestos. Additionally, code requirements to be aware of when filing a building permit include: a prohibition on engine idling, regulation of fireplaces, fugitive dust requirements, noise abatement and pool designs. Section 9: Exterior Liehtin¢ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 10: Dimensional Standards The dimensional requirements which shall apply to all permitted and conditional uses in the Academic (A) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Chapter 26.440, specially planned area. Section 11: Parks An approved tree permit is required before submission of the building permit set (decrease the amount of spruce trees, increase in aspen, cottonwood, Douglas fir, and service berry bushes). The new grading and planting will require City seed mixes and approval of the landscaping. All new plantings will need to be irrigated and the landscape plan reviewed by Parks Department. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities are to commence. No excavation, storage of materials, storage of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip line of any tree on site. Hand work only will be approved within the protection zones and for the re-opening of the irrigation ditch. Section 12: Transportation Transportation requests that the Institute meet with Staff prior to each summer season to discuss their schedule of events and associated transportation/parking impacts as well as mitigation such as increased shuttle service, etc. Transportation requests that the Institute communicate with event staff/attendees about alternative transportation options prior to large events. Section 13: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Cotancil, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 14• 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 15• 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 Planning and Zoning Commission of the City of Aspen on this 6th day of January, 2009. 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U In W ~~ yaw \ ~' +~ ~---"o ~~?~LG~___ l~ ..- $ ~ ~ 8 'S Ems" 3z $~~ ="~a i `s _ ~ ~ " x'" m U< ~ owe 5 ~ az JW~ d„"LL -'------- amp ~\ a _ ~~ s x' s w i~~ ~Qaa 3~ ~g~ ~~`R ~~ i~m • `wv~;°oY. - ~iir ~ 1 ~ ~C~ "e :. : : :~G °d ifr i5°a ~~~W u~o \ ~\ a N3W3Sb3 a%~" ~Z WZF ~O W Y I/~ x~~ / ~'~++ ~ e~~~ MEMORANDUM ~~ ' TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Drew Alexander, Planning Technician RE: Kenichi Restaurant Redevelopment (533 East Hopkins Avenue) -Growth Management Review for Affordable Housing -Resolution No., Series 2009 - Public Hearine ~~~ MEETING DATE: January 6, 2009 APPLICANT /OWNER: Kenichi Aspen, Inc. REPRESENTATIVE: David Johnston Architects, pc LOCATION: Block 94; Lots G - I, City and Townsite of Aspen, 533 East Hopkins Avenue CURRENT ZONING & USE Located in the Commercial Core (CC) zone district with a historic overlay. The restaurant is a permitted retail/restaurant use. PROPOSED LAND USE: The land use will not change from the proposed development. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the Growth Management review of Affordable Housing. SUMMARY: The Applicant requests of the Planning and Zoning Commission approval of one Growth Management Review request: Affordable Housing LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission to redevelop the site: • Growth Management Review for Affordable Housing pursuant to Land Use Code Section 26.470.070.4 (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). PROJECT SUMMARY: The Applicant, Kenichi Aspen, Inc. has requested approval to expand their existing restaurant which is located at 533 East Hopkins Avenue, with an additiona1242 gross square feet, of which 235 square feet aze gross interior floor azea. The restaurant is completely subgrade and the expansion would include the following: • Expansion of the northern facade window wall to the north, so that it is aligned with the centerline of the columns supporting the structure above. • Besides the expansion, an interior remodel is proposed. Pursuant to Section 26.104.100, Definitions: "Net leasable commercial and office space are those areas within a commercial or office building which are, or which are designed to be, leased to a tenant and occupied for commercial or office purposes, exclusive of any area including, but not necessarily limited to, areas as dedicated to bathrooms, stairways, circulation corridors. mechanical areas provided, however, that these areas are used solely by tenants on the site." • Certain azeas that were previously used for restaurant service, such as dining room seating, are now being altered for the expansion of existing restroom space. There is also a new airlock entrance that counts as circulation and will not be counted towards net leasable. These areas are equated and accordingly adjust the gross interior square footage expansion of 235 squaze feet and provide a new net leasable azea of 98 square feet {This 98 squaze feet also being the amount of squaze footage subject to the Affordable Housing review (See Exhibits 2- 9, Appendix B of the Application)}. The Applicant wishes to provide this affordable housing mitigation for 98 squaze feet of new net leasable area through acash-in-lieu payment. All development performed on structures in a Historic district must be granted a Certificate of no negative effect prior to development occurring. This is an official form stating that the proposed work will have no detrimental effect on the chazacter-defining features of a designated property. The Historic Preservation Officer has reviewed this application and approval has been granted. This project meets the underlying zone district dimensional requirements. Commercial uses in the Commercial Core (CC) zone have a Floor Area Ratio of 2:1. This would not be exceeded by the new development. STAFF COMMENTS' GROWTH MANAGEMENT REVIEWS: The Applicant is requesting one growth management approval to obtain sufficient development allotments to construct the proposed project. The requests and the project's compliance with the applicable review standards are discussed below: Growth Management Approval for the Development of Affordable Housing As mentioned previously, the Applicant has requested approval for acash-in-lieu payment for the affordable housing requirement related to net leasable area. The City uses the calculations established in the City of Aspen Land Use Code and the Aspen/Pitkin Employee Housing Guidelines to determine this appropriate fee. Development of affordable housing as required under Section 26.470.070.4. The review requires that the development proposal be consistent with the Aspen Area Community Plan, and comply with the Aspen~Pitkin County Employee Housing Guidelines. The following presents the calculation for the cash-in-lieu payment: Table 1.1 AFFORDABLE HOUSING CASH-IN-LIEU CALCULATION 1. Total Additional Gross Interior (s . ft.) 235 2. Less Additional Area for Restrooms (sq. ft.) 107 3. Less additional Area for Circulation, for Airlock (sq. ft.) 30 4. Net Leasable Area Applicable to Affordable Housing Mitigation (sq. ft.) 98 5. Number of employees generated per 1000 sq. ft. in CC zone district 4.1 6. 25% Reduction for net leasable space located within a basement level 3.08 7. Number of employees generated by expansion: 98 sq. ft. / 1000 sq. ft. 0.30 8. 60% of Employees generated 0.18081 9. Affordable Housing Cash-in-payment for one Category 4 employee $130,214 10. Cash-in-Lieu Payment for this project: $130,213 x .18081 $23,543.81 TABLE NOTES' Line 6 of Table 1.1 above represents the deduction granted to expansions of spaces that are within the basement or upper floors (refer to Calculations, Section 26.470.100.1). Kenichi is entirely subgrade and considered basement space. For commercial net leasable space within basement or upper floors, the rates shall be reduced by twenty-five percent (25%) for the purpose of calculating total employee generation. This 25% reduction is attributed towazds the Line 5 detail of 4.1 employees generated per 1, 000 sq. ft. of net leasable area. The total in Line 6 is the new employees generated rate for this cash-in-lieu calculation. REFERRAL AGENCY COMMENTS: The Aspen/Pitkin County Housing Authority provided a recommendation for a cash payment in lieu for the Application. See Exhibit B. RECOMMENDATION: In reviewing the proposal, Staff believes that the project is consistent with the goals of the AACP as well as the applicable review standards in the City Land Use Code. This project provides net leasable space downtown. The increase in net leasable generates .18 employees and staff recommends accepting the cash-in-lieu payment. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE: "I move to approve Resolution No.~, Series of 2009, approving the Growth Management Review for affordable housing through acash-in-lieu payment for the property legally described as Block 94; Lots G - I, City and Townsite of Aspen, 533 East Hopkins Avenue:' ATTACHMENTS: ExrttBlT A -Review Criteria and Staff Findings EXHIBIT B -Housing Referral dated DECEMBER 17, 2008 EXHIBIT C -- Application Resolution No. (~ Q (SERIES OF 2009) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING GROWTH MANAGEMENT REVIEW OF AFFORDABLE HOUSING FOR THE EXPANSION OF THE BUSINESS KNOWN AS KENICHI AND LOCATED AT 533 EAST HOPKINS AVENUE, CITY OF ASPEN, PITKIN COUNTY,COLORADO. Parcel No. 2737-07-3-40-004 WHEREAS, the City of Aspen Community Development staff held apre- application conference where it was determined that the Applicant sought to expand the existing restaurant by 242 gross sq. ft., however Ordinance 51 was in effect, thus not allowing this type of development without approval from the Community Development Director; and, WHEREAS, the Community Development Director received a letter from the Applicant requesting exemption from Ordinance 51. The Community Development Director granted the exemption based on the determination that the expansion was a "minor improvement to a business's existing space; and, which did not substantially alter the intensity of the use;" and, WHEREAS, the Applicant held another pre-application conference with Community Development staff, and established the appropriate direction for the Application; and, WHEREAS, it was determined by Community Development staff that the review for Minor Expansion of a Commercial, Lodge, or Mixed-Use Development, the Certifzcate of No Negative Effect, and the Commercial Design Review would be handled administratively, with the Historic Preservation Officer granting the Certificate of No Negative Effect and the Commercial Design Review; and, WHEREAS, the Applicant was informed that the creation of new net leasable area is subject to GMQS review of Affordable Housing by the Planning and Zoning Commission; and, WHEREAS, the Applicant requested that the affordable housing requirement would be met through acash-in-lieu payment; and, WHEREAS, Community Development staff and the Aspen/Pitkin County Housing Authority calculated the cash-in-lieu payment for the 98 sq. ft. of new net leasable area; and, WHEREAS, the Planning and Zoning Commission reviewed the application upon recommendation of the Communit~ Development Department and the Aspen/Pitkin County Housing Authority on January 6` , 2009; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval and recommendation of approval of the land use requests is consistent with the goals and objectives of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission grants approval of Growth Management Review for Affordable Housing as a cash-in-lieu fee; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1• Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Growth Management Review for Affordable Housing. Section 2: Buildin¢ Permit Application The building permit application shall include the following: a. A copy of the final recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. If required, a drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. d. As applicable, an excavation stabilization plan, construction management plan (CMP), and drainage and soils reports pursuant to the Building Department's requirements. e. As applicable, a fugitive dust control plan to be reviewed and approved by the Environmental Health Department. f. As applicable, a detailed excavation plan that utilizes vertical soil stabilization techniques, or other techniques, if appropriate and acceptable, for review and approval by the City Engineer. g. Accessibility and ADA requirements shall be addressed to satisfactorily meet adopted building codes. Section 3: Dimensional Requirements The redevelopment of the building as presented shall comply with the dimensional requirements of the Commercial Core (CC) zone district. Section 4: En¢ineerin¢ Building permit submission shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation published by the engineering department. Section 5: Affordable Housing The affordable housing requirements of the project shall be met with the provision of a cash-in-lieu payment to be assessed at the time. Section 6: Fire Mitieation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Section 7: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 8: Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze on file at the District office. Section 9: Impact Fees Pursuant to Land Use Code Section 26.610.090, Current Impact Fees, the Applicant shall pay a TDM/Air Quality and a Pazks Development fees for the creation of net leasable. Section 10: Exterior LiHhtin¢ All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 11: The rights granted by the approval of this site specific development plan shall remain vested for a period of three (3) yeazs from the effective date of the approved development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by this Code within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Section 12: The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of final development approval as required under Section 26.304.070(A) of this Chapter. Section 13: Zoning that is not part of the approved site specific development plan shall not result in the creation of a vested property right. Section 14• Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Section 15• The establishment of a vested property right shall not preclude the application of ordinances or regulations which aze general in nature and aze applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regazd, as a condition of this development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing by the city. Section 16• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fiilly set forth herein, unless amended by an authorized entity. Section 17: This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 18• 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 Planning and Zoning Commission of the City of Aspen on this 6~' day of January, 2009. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney LJ Ersparmer, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A REVIEW CRITERIA AND STAFF FINDINGS Pursuant to Section 26.470.070, Minor Planning and Zoning Commission Applications a) The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. The Applicant's request for affordable housing mitigation through acash-in-lieu payment was submitted to the Aspen/Pitlcin County Housing Authority. A recommendation was then received from the Aspen/Pitltin County Housing Authority by Community Development staff (See Exhibit B). This review criterion has been met. b) Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (I) full unit, acash- in-lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, acash-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. Required affordable housing may be provided through a mix of these methods. The mitigation requirement for this development proposal is less than one (1) unit and one (1) employee generated; therefore the Applicant may submit a request for cash-in-lieu acceptance. The Aspen/Pitlcin County Housing Authority has submitted a recommendation supporting acash-in-lieu payment, thus promoting a review by the Planning and Zoning Commission. This review criterion has been met. c) Each unit provided shall be designed such that the finished floor level of fifty percent (SO%) or more of the unit's net livable area is at or above natural or finished grade, whichever is higher. Not applicable. The Applicant is not proposing to develop affordable housing units. d) The proposed units shall be deed-restricted as `for sale" units and transferred to qualified purchasers according to the Aspen/Pitkin County Housing Authority Guidelines. The owner may be entitled to select the first purchasers, subject to the aforementioned gualifications, with approval from the Aspen/Pitkin County Housing Authority. The deed restriction shall authorize the Aspen/Pitkin County Housing Authority or the City to own the unit and rent it to gual~ed renters as defined in the Affordable Housing Guidelines established by the Aspen/Pitkin County Housing Authority, as amended. The proposed units may be rental units, including but not limited to rental units owned by an employer or nonprofit organization, if a legal instrument in a form acceptable to the City Attorney ensures permanent affordability of the units. The City encourages affordable housing units required for lodge development to be rental units associated with the lodge operation and contributing to the long-term viability of the lodge. Units owned by the Aspen/Pitkin County Housing Authority, the City of Aspen, Pitkin County or other similar governmental orquasi-municipal agency shall not be subject to this mandatory `for sale "provision. Not applicable. The AppGeant is not proposing to develop affordable housing units so the deed restriction of "for sale" units does not pertain. EXHIBIT B MEMORANDUM TO: Jennifer Phelan, Community Development FROM: Cindy Christensen, Housing DATE: December 17, 2008 RE: 533 EAST HOPKINS AVENUE EXPANSION AND REMODEL/KENICHI ParcellD No.2737-073-40-004 ISSUE: The applicant is requesting to expand and renovate a restaurant by adding a total of 241 square feet, of which 98 is net leasable commercial space. Review Standards: Section 26.470.070.4 relates to the employee generation plan. Section 26.470.100.A. states that 60% of the employees generated by the additional commercial or lodge development shall be mitigated. The applicant also states that this section allows fora 25% reduction for commercial net leasable space within basement or upper floors. Although the Code classifies the restaurant in the basement and is allowed the 25% reduction, the restaurant is 100% below grade. According to the Code, the 25% reduction is allowed. The applicant calculated the payment-in-lieu fee to be $23,544. If the 25% reduction were not allowed, the calculation of the fee would be as follows: Total Additional Gross Interior Floor Area (sq. ft.) Less additional area for Restrooms (sq. fr.) Less additional area for Circulation @ Airlock (sq. ft.) 235 (107) 30 Net leasable Area Application to Affordable Housing Mitigation (sq. fr.) 98 Number of Employees generated per 1000 sq. ft. in CC zone district 4.1 Number of Employees Generated by Expansion: 98 = 1,000 X 4.1 = .40 60% of Employees Generated .24 AH Cash-in-Lieu Payment for a Category 4 employee $130,213 Cash-In-Lieu Payment for Affordable Housing Mitigation $31,251.12 Since the space is defined as basement space, the $23,544 would be the payment-in-lieu due at the time of building permit approval. ~• TO: Aspen Planning and Zoning Commission FROM: Jennifer Phelan, Community Development Deputy Director RE: Appointment of Chairperson and Vice-Chairperson MEETING DATE: January ~ 2009 At the first meeting of the year, the Planning and Zoning Commission is tasked with electing a Chair and Vice-Chair. The appointment is for one year and currently elected members can be re- elected. ~. RESOLUTION NO. ~' uJ Series of 2009 WHEREAS, the Planning and Zoning Commission is required to elect a chairperson and vice- chairperson as outlined in Section 26.212.030, Membership-Appointment, removal, terms and vacancies of the land use code; and WHEREAS, the term of each position is for one (1) year; and WHEREAS, the commission voted to elect a chairperson and vice-chairperson at their first meeting of the year on January 12, 2009; and WHEREAS, elected vice-chairperson; and was elected chairperson and WHEREAS, both positions shall expire on January 13, 2010; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of Aspen, Colorado, by this resolution that be appointed as chairperson and be appointed as vice-chairperson. DATED: January 13, 2009 Chair ATTEST: Jackie Lothian, Deputy City Clerk