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HomeMy WebLinkAboutagenda.apz.20090217AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, February 17, 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. 312 S. Hunter - Commercial Design Review B. 1490 Ute Avenue, Jewish Community Center, SPA Amendment (continued from 1/20) VI. OTHER BUSINESS VII. BOARD REPORTS VIII. ADJOURN NEXT RESOLUTION NUMBER:_~ ~a TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: MEMORANDUM Planning and Zoning Commission Errin Evans, Current Planner Jennifer Phelan, Deputy Community Development Directo>~ January 21", 2009 February 17`n, 2009 312 S Hunter Street -Commercial Design Review APPLICANT /OWNER: STAFF RECOMMENDATION: James Perse Enterprises Inc / Staff recommends that the Planning and Zoning Revolution Partners Commission approve the application for Commercial Design review as submitted. REPRESENTATIVE: Linda Wong, Marmol Radziner and Associates LOCATION: Civic Address - 312 S Hunter Street; Legal Description - Pazt of Lots K, L and M, Block 100, City and Townsite of Aspen; Pazcel Identification Number - 2737- 182-25-023 CURRENT ZONING & USE The existing building is located in the Commercial (C-1) zone district. Currently there is a retail use on site. PROPOSED LAND USE: The Applicant is requesting to continue the retail use. They plan to operate a retail clothing store and would like to give the fagade and the wall facing the alley a remodel. SUMMARY: The Applicant requests of the Planning and Zoning Commission to approve to Council the application for Commercial Design Review for the facade remodel of the existing building located on 312 S Hunter Street. P1 BACKGROUND: The existing building located at 312 S Hunter Street is currently occupied by Polar Revolution, a retail sports and clothing store. James Perse Enterprises, Inc would like to move into that location and remodel the faFade to allow better access to the front entrance. Currently, the building is accessible only by stairs and the remodel of the faFade includes a ramp to bring the building up to International Building Code (IBC) compliance. To construct a remodel to the faFade, applicants shall meet the policies of the Commercial, Lodging and Historic District Design Objectives and Guidelines. In this application, the applicant proposes to remodel an existing building that does not currently meet the design guidelines. In their proposal, they have not proposed to amend the non-conformity in design but have created an accessible entrance. To meet the guidelines, the applicant would need to do a more extensive remodel than the one that they have proposed. LAND USE REQUEST AND REVIEW PROCEDURES: The applicant is requesting the following land use approvals from the Planning and Zoning Commission: Commercial Design Review -Commercial Chazacter Area pursuant to Land Use Code Section 26.412.050. An application for Commercial Design Review requires the Planning and Zoning Commission, at a public hearing, to approve, approve with conditions or disapprove of the Commercial Design Review. COMMERCIAL DESIGN REVIEW: This application is required to undergo review under Commercial Design Review because it is located in the Commercial Chazacter Area of the Commercial, Lodging and Historic District Design Objectives and Guidelines. It can be difficult for an applicant to incorporate all of the guidelines and objectives when working with a building with existing non-conforming conditions. The Planning and Zoning Commission should apply the guidelines as appropriate. The Code states that "Although these standazds and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In this case, the City must determine that the intent of the guideline is still met, albeit through alternative means." Existine Conditions The entrance to the existing building consists of a set of five (5) stairs and does not meet the IBC standards for accessibility. The building also does not conform to some of the design policies adopted in the design guidelines such as not having an airlock entry or having an entry that is elevated. Both of these existing conditions contradict guidelines in the First Floor Chazacter section of the Design Objectives and Guidelines document that state that storefronts should be level with the sidewalk and use an airlock. The Proposed Remodel In the applicant's proposed remodel, a new exterior finish along the primary street faFade and the alley faFade will be installed. This change will entail removal of the existing bay windows and the stairway. The Applicant intends to include an air curtain as an alternative to an airlock. New lazge windows will replace the bay windows and a ramp will run the length of the street frontage P2 on the building. The exterior finish consists of tongue and groove, vertical wood siding along the alley and concrete with a stucco finish along the street fagade. When the application was first submitted (Exhibit C), the ramp was enclosed with a solid concrete wall. Staff felt that this created a visual Hamer between the building and the sidewalk and detracted from the fagade. The applicant has since altered the application, as shown in Figure 1 and Exhibit D, so that the ramp is now bordered by an open railing and reduced the overall rise of the ramp. As a result the concrete is now 30 inches high next to the sidewalk, reduced from 72 inches. This will provide more transpazency between the storefront and the sidewalk than the original proposal. Figure 1: Proposed Elevations Although Staff would prefer that the ramp be located inside the building so that the front fagade of the building is adjacent to the sidewalk and property line, it is recognized that this is an existing building that is being renovated and that the store will be accessible. The Code states that "The purpose of the Commercial Design Review is to preserve and foster proper commercial scale and chazacter, and to ensure that Aspen's commercial and streetscapes are public spaces conducive to walking." The applicant has indicated that relocating the ramp inside the building is a lazger project than intended for the~scope of this remodel. P3 MARMOL RADZINEP ,~~ AND h55OC1ATE5 All Staff Comments The proposed remodel will create an improvement to the existing building. The proposed materials of wood create diversity along that street frontage and complement the surrounding brick structures. Currently, the building is only accessible by a set of five stairs. The applicant intends to add a ramp and make the building comply with IBC standazds. The location of the ramp however, does not comply with the policies of the Commercial, Lodging, and Historic District Objectives and Guidelines. The First Floor Chazacter section in the Commercial Chazacter area states that a building should avoid the use of elevated or sunken floors; however, the finished floor of the building is quite a bit above grade and the Applicant has worked hazd to achieve the best possible design with the site constraints. The following guidelines indicate where the remodel does or does not meet certain guidelines. Guidelines that aze met: Guideline 1.1 Orient a primary entrance towazd the street. Guideline 1.20 Building facades shall be pazallel to the facing street(s) and primary entrances shall be oriented towazd the street. Guideline 1.40 Window area along the first floor shall be a minimum of 60% of exterior street fagade azea when facing a principal(s) street. Guidelines that aze not met: Guideline 1.18 Maintain the alignment of facades at the sidewalk's edge Guideline 1.38 The retail entrance should be at the sidewalk level (all entrances shall be ADA compliant) Guideline 1.39 Incorporate an airlock entry into the plan for all new structures. RECOMMENDATION: Community Development Department staff recommends that the Planning and Zoning Commission approve the request for Commercial Design Review. 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 approve the request for the commercial design review for 312 S. Hunter Street." ATTACHMENTS: Exhibit A - Staff findings Exhibit B - Application dated December 15, 2008 Exhibit C - Addendum to the application dated January 5, 2009 Exhibit D - Addendum to the application dated January 29, 2009 P4 Resolution No. _ (SERIES OF 2009) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING COMMERCIAL DESIGN REVIEW FOR THE PURPOSED OF REMODELLING THE FACADE OF THE BUILDING LOCATED AT 312 SOUTH HUNTER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO AND LEGALLY KNOWN AS PART OF LOTS K, L, AND M, BLOCK 100, TOWNSITE AND CITY OF ASPEN. Parcel Identification Number - 2737-182-25-023 WHEREAS, the Community Development Departrnent received an application from Mannol Radziner and Associates, 12201 Nebraska Avenue, Los Angeles, CA, 90025, on behalf of James Perse Enterprises, 3311 East Slauson Avenue, Los Angeles, CA with permission from the building owner, Revolution Partners, LLC of Box 1247, Aspen, Colorado, requesting Commercial Design Review approval to remodel the fagade of the building located at 312 South Hunter Street; and, WHEREAS, as part of land use review, the Applicant is requesting Commercial Design Review approval for the proposed remodel of the facade of the building; and, WHEREAS, upon review of the application and the applicable code standazds, the Community Development Department recommended approval of the application as presented because it does,not meet the policies of the Commercial, Lodging, and Historic District Objectives and Guidelines; and, WHEREAS, Planning and Zoning Commission reviewed the application considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standazds 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 the Commercial Design Review request; and, WHEREAS, the City of Aspen Planning and Zoning Commission fmds 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: P5 Section 1• Pwsuant to the procedwes and standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves Commercial Design Review to permit the remodel of the facade of the building located at 312 S Hunter Street. Section 2• All material representations and commitments made by the Applicant pwsuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• 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 4• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15's day of August, 2006 by a _ to _ vote. Attest: Jackie Lothian, Deputy City Clerk LJ Erspamer, Chairperson APPROVED AS TO FORM James R. True, Special Counsel Exhibits Exhibit 1: Approved West and North Elevations P6 EXHIBIT A An application for submitted for Commercial Design Review may be approved, approved with conditions, or denied by to the Planning and Zoning Commission, based on the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial Design Standazds or any deviation from the Standazds provides a more appealing pattern of development considering the context in which the development is proposed and the purpose of the particulaz standazd. Unique site constraints can justify a deviation from the standazds. Compliance with Section 26.412.070, Suggested design elements, is not required but maybe used to justify a deviation from the standazds. Staff Comments Section 26.412.060 -Commercial Design Standards Public Amenity Space -This does not apply in this case. The applicant intends to update and remodel the facade of the building only. No new public amenity space is required at this time. The applicant will be required to upgrade the curb, gutter and sidewalk to City Engineering standards. This is required regardless of this application. The property owner was sent a notifcation regarding updates to the public right-of--way prior to the submittal of this application. Stafff:nds this criterion to be met. Utility, Delivery and Trash Service Provision -This does not apply in this case. The existing services are adequate and will not be altered as a result of this application. The applicant intends to improve the visual impacts of the mechanical roof equipment. Staff finds this criterion to be met. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements. of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fagade of the building may be required to comply with this Section. Staff Comments Please see the section above. This building is not being converted to a commercial use. It is currently a commercial use. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate Commission. The guidelines set forth design review criteria, standazds and guidelines that aTe to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standazds and guidelines. Although these criteria, standads and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. P7 Staff Comments Guidelines that aze met: Guideline 1.1 Orient a primary entrance towazd the street. Guideline 1.20 Building facades shall be parallel to the facing street(s) and primary entrances shall be oriented toward the street. Guideline 1.40 Window azea along the first floor shall be a minimum of 60% of exterior street fagade azea when facing a principal(s) street. The storefront design incorporates large windows and depth. The ftrst joor meets the objectives for street level design with regard to height and transparency. The height of the ramp enclosure has been reduced from 72 inches to 30" using the railing creating more transparency. Guidelines that aze not met: Guideline 1.18 Maintain the alignment of facades at the sidewalk's edge Guideline 1.38 The retail entrance should be at the sidewalk level (al] entrances shall be ADA compliant) Guideline 1.39 Incorporate an airlock entry into the plan for all new structures. The applicant intends to install an airlock curtain in the entry way to meet the airlock requirements. The curtain consists of a mechanical device that blows hot air straight down in the doorway. The proposal does not meet the objectives for level retail entrances in terms of height The storefront design incorporates large windows and depth. P8 I MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Planning Deputy Duector FROM: Jason Lasser, Special Projects Planner ) RE: Aspen Jewish Community Center at the Silver Lining Ranch -Consolidated SPA Amendment, Growth Management Quota System (GMQS) Review, Special Review for Parking, Stream Margin and 8040 Greenline Reviews -Resolution No._, Series of 2009 MEMO DATE: February 12, 2009 MEETING DATE: February 17, 2009 SPECIAL NOTE: This staff report is new since the January 20`" hearing and addresses questions about the proposal at the last meeting. It contains the following: • A summary of the questions raised from the last meeting with additional information provided by Staff and the Applicant; • Staff recommendation & motion; and Also attached is the original staff report of January 20, 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 January 20th public hearing on The Jewish Community Center, the Planning and Zoning ..Commission raised a number of issues that they asked be addressed in further detail prior to moving on the application. Below, the concerns voiced during the first meeting aze itemized issue by issue. 1) Provide the minutes from the 2007 determination from the City Council (May 14, 2007 hearing) regarding the de-annexation request and denial. • Minutes are provided as Exhibit J. A motion to approve the de-annexation of the Silver Lining Ranch from the City of Aspen did not carry at the May 14, 2007 hearing. 2) Who funds the Cross Town shuttle? Are there `vouchers' for the off-season? What is the Aspen Club's role in the Cross Town shuttle? • According to the Transportation Department, the Aspen Club has, in the past, contributed to the Cross Town shuttle service monetarily. Please see the attached 1 P9 memos and letters associated with the Aspen Club contribution to the Cross Town Shuttle -Exhibit K • The Cross Town shuttle is a seasonal service, with winter and summer service only. In the off-season, adial-a-ride service is provided through High Mountain Taxi, currently funded by the City of Aspen. • From 1999 through 2003, the Aspen Club contributed to the funding of the Cross Town shuttle. • In December, 2003 after review from the City of Aspen Transportation Department, the Aspen Club initiated its own shuttle service, and was allowed to stop the contribution to the Cross Town shuttle. 3) Is the Fire Department okay with the access to the existing hydrant and location of the new path? • The Fire Mazshall has reviewed the proposed site plan (the most current version) and has determined that the proposal is in compliance, and that the proposed condition azound the existing hydrant is acceptable (per phone conversation). 4) Are (private) gates allowed in the City of Aspen? • Gated entrances to private property aze not prohibited in the City of Aspen provided that they meet the requirements of the Aspen Fire Department. The existing gate on the property has been reviewed by the Fire Mazshal and is in compliance. 5) Attach a copy of the avalanche study provided for the original approvals. Previous approvals allowed for development on the property. All structures are out of the avalanche zones. The existing driveway is within the red and blue avalanche zones, and was determined to be acceptable. Staff does not find the addition of a pedestrian bikeway path adjacent to the driveway for additional access to the property alters the previous determination allowing for development within an avalanche zone. Attempts to locate the previous avalanche study from the Silver Lining approvals has been unsuccessful, however, a verbal confirmation of the study has been obtained by the applicant's representative. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the application for Special Review for Pazking, 8040 Greenline Review, and Stream Mazgin Review: Staff recommends that the Planning and Zoning Commission recommend approval of the consolidated Specially Planned Area (SPA) Amendment and GMQS review for an essential public facility to convert the Silver Lining Ranch into a Jewish Community Center, for the addition of a small cabin to be used for affordable housing, driveway reconfiguration and associated landscaping. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFII2MITIVE): "I move to approve Resolution ~ Series of 2009, approving Special Review for Pazking, 8040 Greenline Review, and Stream Mazgin Review, and recommending approval of the consolidated Specially Planned Area (SPA) Amendment and GMQS review for an essential public facility." 2 P10 ATTACHMENTS: EXHIBIT A -Specially Planned Area (SPA) -review standards and Staff findings (provided in the 1 /20/09 packet) EXHIBIT B -GMQS -review criteria and Staff findings (provided in the 1/20/09 packet) EXHIBIT C -Special Review -standards and Staff findings (provided in the 1/20/09 packet) ExxIBIT D - 8040 Greenline Review -standards and Staff findings (provided in the 1/20/09 packet) EXHIBIT E -Stream Margin Review -standards and Staff findings (provided in the 1/20/09 packet) ExtIIB~T F - DRC Comments (provided in the 1/20/09 packet) EXHIBIT G -Application (provided in the 1/20/09 packet) EXHIBIT H -Supplemental Drawing -Site Plan (provided in the 1/20/09 packet) ExxIBIT I -Letters from neighbors (handed out at the 1 /20/09 hearing) EXHIBIT J -Minutes from May 14, 2007 City Council, de-annexation of Silver Lining Ranch (provided in new packet for the February 17, 2009 continuation) EXHIBIT K -Cross Town /Aspen Club shuttle documents (provided in new packet for the February 17, 2009 continuation) EXHIBIT L -Avalanche Study (provided in new packet - if obtained) l+or reierence -the memorandum from the APPLICANT /OWNER: The Jewish Resource Center Chabad of Aspen REPRESENTATIVE: Alan Richman, Alan Richman Planning Services LOCATION: Lot 5, Stillwater Ranch, commonly known as the Silver Lining Ranch - 1490 Ute Avenue -Parcel ID # 2737-184-06-805 CURRENT ZONING: Academic (A) zone district with a Specially Planned Area (SPA) overlay, and Conservation (C) with a Specially Planned Area (SPA) overlay SUMMARY: The Applicant requests consolidated SPA approval to allow conversion into a Jewish Community Center with an addition of an affordable housing cabin. The applicants are requesting a recommendation of approval for a SPA Amendment, Growth Management Quota 1v1L' L~ 111 li 1JA 1 r,: January LU, LUUy !~ ~i~; ~ # l ~ a 1J;~ ~~~1 , ~ : K~ ~ r It is j ~^~,~ ,. t' ^•.~`! . L A~ ~ ,p: ~ , ~ ~• ~ } i , .;, rc' <'~', ~ ,~ ~' . a Photo: The Silver Lining Ranch -Academic zone district shown at left /Conservation zone district shown at right - separated by the high water line (top of slope not shown) STAFF RECOMMENDATION: 3 P11 System (GMQS) Review, and approval of a Staff recommends that the Planning and Zoning Commission Special Review for Parking, 8040 Greenline approve the application converting the Silver Lining Ranch Review, and Stream Margin Review at this time. into a Jewish Community Center (primarily internal changes) and for the addition of a small cabin to be used for affordable housing, with conditions. REQUEST OF THE PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission will be making a recommendation to the City Council for the following land use approvals: Specially Planned Area Amendment and Growth Management Review for an Essential Public Facility. The Planning and Zoning Commission has final authority for the following land use approvals: Off-Street Parking, 8040 Greenline and Stream Margin reviews. A Specially Planned Area (SPA) is a process in which a site specific development plan is created which encourages flexibility and innovation in the development of land and promotes objectives outlined in the Aspen Area Community Plan by allowing the variation of the underlying zone district's land uses and dimensional requirements for the benefit of the public. The parcel currently exists with an SPA overlay. Based upon the new proposal the site specific development must be amended to allow the additional development. The review of a Specially Planned Area is (in most cases) a four step review process. Step one is conceptual review before the Planning and Zoning Commission, step two is conceptual review before City Council, step three is final review before P&Z, and step four is final review before Council. The applicant has requested a consolidated review for the SPA (allowing atwo-step review before the Planning and Zoning Commission and then review by City Council). The Community Development Director has granted the consolidated application due to the minor interior and site changes, and to allow for the one step development review for a small affordable housing cabin. The land use reviews required as part of this application are: • Specially Planned Area (SPA) -Consolidated Review (Section 26.440.040 B) to allow for the conversion to a Jewish Community Center. Upon recommendation from the Planning and Zoning Commission, the application shall be approved, approved with conditions or denied by the City Council. • A Growth Management Review for an Essential Public Facilit~(Section 26.470.090.4(a), The Community Development Director has determined the Jewish Community Center to be an Essential Public Facility, according to the definition. The Planning and Zoning Commission's authority is to determine employee generation, pursuant to 26.470.100 A(1). Upon a recommendation by the Community Development Director, City Council shall determine the rate of affordable housing mitigation. • Off-Street Parking -Special Review (Section 26.515.040 A) The Planning and Zoning Commission may approve, approve with conditions, or disapprove a Special Review application for establishing, varying, or waiving off-street parking requirements. • 8040 Greenline Review (Section 26.435.030 C) The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for development in an environmentally sensitive area (ESA). 4 P12 • Stream Mazain Review (Section 26.435.040 C) A Stream Mazgin Review by the Planning and Zoning Commission is required if "the expansion, remodeling, or reconstruction will be any closer to the high water line than is the existing development "The Planning and Zoning Commission shall by resolution approve, approve with conditions, or disapprove a development application for development in an environmentally sensitive area (ESA). BACKGROUND: The Jewish Resource Center Chabad of Aspen recently entered into a contract to purchase Lot 5, Stillwater Ranch, commonly known as the Silver Lining Ranch, located at 1490 Ute Avenue. The Stillwater Ranch Subdivision/PUD (Planned Unit Development) was approved by the Boazd of County Commissioners pursuant to Resolution 94-233. In 1996, the owner of Lot 5, the Little Staz Foundation, submitted a petition to annex the property to the City of Aspen which was determined to be compliant through Resolution 68, Series of 1996, and Resolution 3, Series of 1997. The Aspen Planning and Zoning Commission granted conditional use approval, special review to establish pazking requirements, 8040 greenline review, and stream margin review. Resolution 97-04 also recommended that the City Council zone the property Academic/ConservationlSPA and approve the SPA and GMQS exemption. The Aspen City Council adopted Ordinance 10, Series of 1997 annexing the property to the City of Aspen, and Ordinance 11, Series of 1997, zoning Lot 5 Academic/Conservation/SPA, approving the Conceptual/Final SPA plan and granting a GMQS exemption for an essential public facility. The approvals allowed for the operation of a non-profit kids camp for children with cancer, directed by Andrea Jaeger, commonly known as the Silver Lining Ranch. The Little Staz Foundation operated programs at the Silver Lining Ranch from 1999, when the building was completed, until 2006. The property has had limited occupancy since that time, and the Foundation has been trying to sell for the last two yeazs so that the proceeds can be used to fund its charitable mission. In 2007, the Founda5on applied to the City of Aspen to either de-annex (disconnect) or rezone to its former single-family residential use. The City Council denied both requests, viewing the non-profit/institutional use of the property as an important community value, and was not willing to sacrifice the use to convert to a single family residence and miss an opportunity of providing a place for a community facility. vn~vrnrrcr.v_evvunvr.ri r-7MRNRrnNAi, RF,OiliREMENTS /PROPOSED CHANGES Dimensional Standard Approved SPA Plan Dimension Proposed Dimensions Minimum Lot Size 6 acres no change Minimum Lot Area Per Dwelling Unit 2 acres per unit no change Minimum Lot Width 200 feet no change Minimum Front Yazd Setback 30 feet no change Minimum Side Yazd Setback 20 feet Amend building envelope to accommodate revised arkin Minimum Reaz Yazd Setback 20 feet no change Maximum Height 28 feet (Measured to the mid- no change 5 P13 point of the roof on all sides o the building, except for the east-facing elevation, which was limited to 32.5 to the mid oint of the roof Minimum Distance Between Principal and No Requirement no change Accessory Buildin s Percent of Open Space Required for Building Site As shown on site plan (30%) Add small cabin Floor Area Ratio Allowable floor azea shall not Add 700 sq. ft. for exceed 14,000 squaze feet the affordable housin cabin Off-Street Pazking 3 garage spaces, 10 outdoor 3 garage spaces, 20 s aces outdoors aces PROJECT SLTNIlVIARY: The applicant is proposing to amend the SPA (in a consolidated review) in order to convert the existing Silver Lining Ranch into a Jewish Community Center. The applicant proposes few changes to the property. The existing building wiil be remodeled, but only on the interior - no exterior changes are proposed. Minor changes to the site plan aze proposed including; the addition of a small affordable housing cabin located northwest of the existing building, adding pazking to the west edge (the Aspen Club common lot line), modifying the vehiculaz entry/exit loop with associated landscape improvements, and adding a ten (10) foot wide sidewalk connecting the property to Ute Avenue. The applicant is requesting minor changes to the dimensional requirements in the SPA for the property. The building envelope would need to be amended to allow for the new pazking along the west edge of the property (as shown on the site plan), and the maximum allowable floor azea is proposed to be amended to allow for the addition of a small affordable housing cabin -approximately 700 squaze feet (please see the chart above). The applicant is proposing to amend the SPA in order to add to the permitted uses for the property in the Academic (A) zone district. The requested uses aze: Arts, Cultural, and Civic Uses; and Affordable housing for employees of the Arts, Cultural and Civic Uses. The proposed activities in the Jewish Community Center include; apre-school, Hebrew school, adult education, religious services, and special events (please see the summary of activities in the chart below). crTrr~R ~ uv nr a ~TrvrTrF.c .aT THF..TF.WISH COMMUNITY CENTER Activity y v Time Period Frequency Attendance Proposed TDM* measures Pre-School Sam to Spm 5 days per week 35-40 children Pick-up and drop off at Koch Lumber Yazd Pazk Hebrew 3:30pm to Spm 2 days per week 8-10 children Aspen Club & Cross School Town Shuttle Teen Program 6pm to Spm 1 night per 20-25 persons Aspen Club & Cross month Town Shuttle Adult 10:30am to 11:30 azn 1 day per week 5-10 persons Aspen Club & Cross Education 7:30 m to 9 m 1 ni t er 15-20 ersons Town Shuttle P14 week Religious Friday azound sundown every week 10-20 persons No special services Saturda gam to Noon 10-40 ersons measures** Special events Evenings and weekends 5-10 events per more than 50, less Pick-up and drop off year than 200 per at Rio Grande event Parking Gazage and Little Nell Hotel Affordable Year round 3 units on-site 5.75 employees Bicycles will be Housing provided. Caz sharing with Aspen Club em to ees? *Transportation Demand Management (TDM) * *A significant percentage of the persons who attend religious services in the congregation are observant Jews and will not drive a car or take a shuttle to services. These persons can be expected to walk to and from the facility. ***Schedule and frequency of activities shown in this table are based on current plans and may vary slightly. Substantial changes to the schedule or frequency of activities, as determined by the Community Development Director, may require an amendment to be submitted to this application. STAFF COMMENTS: SPECIALLY PLANNED AREA -CONCEPTUAL DEVELOPMENT PLAN: A Specially Planned Area (SPA) is a process in which a site specific development plan is created which encourages flexibility and innovation in the development of land and promotes objectives outlined in the Aspen Area Community Plan by allowing the variation of the underlying zone district's land uses and dimensional requirements for the benefit of the public. The parcel currently exists with an SPA overlay. Based upon the new proposal the site specific development must be amended to allow the additional development. In the Arts, Culture, and Education section in the AACP, the ftrst and last goals are to "encourage collaboration in Arts, Culture, and Education" and to "ensure the provision of public facilities and services to sustain art, culture, and education in the community. "The creation of affordable housing meets a Housing section goal to "reinforce and enhance a healthy social balance for our community and enhance the character and charm of Aspen. " Staff recommends the Planning and Zoning Commission amend the SPA to allow for the addition of a small cabin -approximately 700 square feet -for the creation of an affordable housing unit. Staff recommends amending the SPA in order to add to the permitted uses for the property in the Academic (A) zone district to allow Arts, Cultural, and Civic Uses and Affordable housing for employees of the Arts, Cultural and Civic Uses to promote and encourage diversity and education in the community. Staff, based on the previous determination for the Specially Planned Area for the Stillwater Ranch in Ordinance 11, Series of 1997, and recommends that the proposed conversion to the Jewish Community Center be recommended for approval. The Land Use Code states; "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. " 7 P15 Staff finds that the proposal meets the requirements of the underlying Academic (A) zone district, is compatible, and enhances the mix of development in the immediate vicinity of the parcel in terms of land use, height, bulb architecture, landscaping and open space. See Exhibit A for SPA review criteria and Staff findings GROWTH MANAGEMENT QUOTA SYSTEM: With Ordinance 11, Series of 1997 (Exhibit #7 of the application -Exhibit G), the City Council granted final approval of the Stillwater Ranch Specially Planned Area (SPA), which also granted a Growth Management exemption for an Essential Public Facility. The Jewish Community Center was reviewed and approved as an essential public facility in Ordinance No. 36, Series of 2006 (Exhibit #8 in the application -Exhibit G). As the Jewish Community Center and the Stillwater Ranch have been determined to be essential public facilities in the past, it is logical to continue to consider the relocated center an essential public facility. When determined to be "an essential public facility, upon recommendation from the Planning and Zoning Commission" "the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and wazranted for the purposes of promoting civic uses and in consideration of broader community goals". Pursuant to Section 26.470.100, Calculations, "each Essential Public Facility proposal shall be evaluated for actual employee generation". The applicant proposes providing housing for,5.75, a mitigation of approximately 60% for the 9-10 employees that will be generated. In the employee analysis provided with the application (see page 20 of the application -Exhibit G) a calculation from the Land Use Code using 1.75 employees for each one-bedroom unit and 2.25 employees for each two-bedroom unit would equa15.75 for the proposed on-site affordable housing. APCHA Staff recommends that the applicant submit an employee audit prior to building permit issuance and two yeazs after issuance of C.O. the form and methodology of the 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. Staff finds that the proposal meets the requirements of "a facility which serves an essential public purpose is available for use by, or benefit of, the general public and serves the need of the community". The Planning and Zoning Commission shall review the essential public facility to determine employee generation. The applicant is not seeking a "waiver" of the affordable housing requirement, but is proposing to house 5.75 employees on-site (1.75 employees for (2) one-bedroom units and 2.25 employees for the two-bedroom unit). Approximately 9 to 10 full time employees (FTE's) will be generated, therefore, approximately 60% (5.75/9.5=0.6) of the affordable housing demand will be mitigated by the applicant. Ordinance No. 11, Series of 1997 granted a GMQS exemption for a non profit entity for the Kids Stuff Foundation, which qualified as an essential public facility. In 2006, Ordinance 36 was approved, determining that "9.63 FTE's shall be generated by the Jewish Community Center (at the 435 W. Main street location), and established mitigation for 4.25 employees (three category 2 rental affordable housing units). It is important to note that the new request to convert the existing facility (which was allowed to waive the mitigation) is proposing to provide mitigation for affordable housing rather than request a waiver. P16 8 APCHA Staff is requiring that an employee audit be submitted prior to building permit issuance and two years after C O. Staff, based on the previous determination in Ordinance 11, Series of 1997, recommends that the proposed affordable housing mitigation of 60% (5.75 employees) be recommended for approval. See Exhibit B for GMQS review criteria and Stafff:ndings SPECIAL REVIEW FOR PARKING: In the application for Special Review to establish pazldng requirements, a proposal of twenty-one (21) surface spaces and three (3) gazage spaces is requested to be approved by the Planning and Zoning Commission. According to the American Planning Association (APA) publication "Off Street Pazking Requirements," an average amount of spaces provided per seat in the sanctuary ranges from 1 space per 2.5 sanctuary seats to 1 space per 8 sanctuary seats. The proposal for the Jewish Community Center at the Silver lining Ranch is approximately 1 space per 4 sanctuary seats. The proposed facility will have a sanctuary capacity (posted occupancy) of 88 seats, which at a 1:4 ratio would have a requirement of 22 spaces, which is exceeded in the proposals total of twenty-three (23) off-sheet pazlcing spaces. The proposed Jewish Community Center will increase traffic (see Exhibit #9 of the application). Additional traffic loads associated with the Jewish Community Center have been mitigated through several transportation demand management (TDM) measures by the applicant (see Table 3, page 13 of the. application -Exhibit G). The proposed traffic mitigation plan includes: A new free shuttle service for pre-school and special events, coordination with the Aspen Club existing and proposed shuttle, the City of Aspen Cross Town shuttle, a new ten (10) foot wide bike/pedestrian path to the facility, and disincentives to personal auto use (see page 13 -table 3 of the application -Exhibit G). Through coordination with City departments, the applicant has widened the pedestrian/bikewaypath to ten (10) feet to comply with Parks department standards, providing an incentive and a safe access route to the facility. Staff recommends that the applicant continue to work with the Engineering and Transportation Departments to establish a .`Traffic Mitigation Plan' (with a transportation plan independent of the Aspen Club) to be presented and reviewed prior to City Council Review. See Exhibit Cfor Special Review criteria and Stafffindings 8040 GREENLINE REVIEW: Any development located 150' (measured horizontally) of the 8040 elevation is subject to heightened review as an environmentally sensitive area. A mound on the southern triangle of the property has been surveyed to be an elevation of 8048, therefore the application is subject to 8040 greenline review. In 1997, the suitability of the site for development was determined, allowing for the creation of the Silver Lining Ranch building. The new 10' wide pedestrian bike path is within both red and blue avalanche hazard zones and the reconfiguration of the driveway is within the blue avalanche hazard zone. The application to add an affordable housing cabin will avoid the steeply sloping portions of the site. No buildings or new uses aze proposed within the mapped red or blue avalanche hazazd zones. 9 P17 The avalanche danger from the "Ute Chutes" (drawing A.01 in the application) does not reach the buildings, but does reach the property. The applicant has worked with both Engineering and the Parks Departments to establish proper pedestrian and vehicular access to the proposed community center. Although the new 10' wide pedestrian bikeway crosses through avalanche zones, the Parks and Engineering Departments have determined the location to be acceptable. Although there is new development (and the parcel is potentially exposed to the edge of an avalanche) the cabin will be located adjacent (20) to the top of slope of the Roaring Fork River on the northern most location allowed within the approved building envelope, and is not in immediate danger of mudflow, rock falls, avalanche, or flood hazards. Staff recommends approval of the 8040 Greenline review for the proposal to allow a reconfiguration of vehicular access and for the construction of a new pedestrian and bike path. See Exhibit D for 8040 Greenline review criteria and Staff findings STREAM MARGIN REVIEW: Development within the stream mazgin of the Roaring Fork River shall be subject to heightened review as an environmentally sensitive azea. Although there is no proposed development on the lower bench of the property and the triangulaz portion that crosses the Roaring Fork River, the application for the construction of the affordable housing small cabin is subject to stream mazgin review. According to the materials submitted by the applicant, the cabin will be located twenty (20) feet from the top of slope. Steam margin standards state that "there is no development other than approved vegetation planting taking place below the top of slope or within 15 feet of top of slope or the high waterline, whichever is most restrictive." The exiting facility has several previously approved elements on the lower bench, in the 100 yeaz flood plain; a split rail fence, "tiny town," which is a small movie set facade backstop on the southeast comer of the corral, and a shed. The applicant requests to keep the elements to be used in association with the proposed (day caze) center. An existing fisherman's easement on the west bank of the river has been previously approved. Staff finds that the applicant has worked to meet the goals of the Engineering and Parks Departments for compliance with the standards of the stream margin review. For the proposed changes to the driveway, the Engineering Department is requiring a drainage and stormwater study for all impervious area on the site. The Code requires dedication of a fisherman's easement, and one has been previously provided along the western bank of the Roaring Fork River. Staff recommends approval of the stream margin review, as the small cabin, minor reconfiguration of the driveway and proposed landscaping are minor in nature compared to the size and scale of the existing, previously approved development, and do not negatively affect the river or riparian zone. See Exhibit E for Stream Margin review criteria and Staff findings REFERRAL AGENCY COMMENTS: The City Engineer, Zoning Officer, Pazks Departrnent, Fire Mazshal, Aspen Consolidated Sanitation District, Building Department, Housing Department, Utilities, Transportation, and Pazking 10 P18 Depat-tments have all reviewed the proposed a as conditions of approval when a pplication ppropriate. and their requirements have been included X1.1 ~ ~-~.~~ '~' ; ~ ` ~`:., .~ ~~ t x' i ~, ,1.i~ Photo: The ~~ ~.~ ~~ 4 M ~~~' ~: .. ,~ .a ~.f ~y ,,. ~t; ~," ~.. '~ r~ r ,~ . ~ ~! . . +~,~ 11 RESOLUTION N0. _~ (SERIES OF 2009) EN PLANNING AND ZONING CO gENIENTS, VIEW OF PAg~NG REQ A RESOLUTION OF THL FOR PECIAL RE IN REVIEW FOR THE ASP ER GRANTING APPROVA AND STREAM MARL GREENLINE REVIEW LOCATED ON LOT 5 OF T NCIL AP ROVE A 8040 JEWISH COMMU ION, AND RECOMMENDING~A (SPA)CO MENDMENTY FOR RANCH SUBDIVIS SPECIALLY PLANNED A CONSOLIDATED VIEW AS AN ESSENTIAL CH UNTO CA I JEWISH GROWTH MANS ON OF THE SILVER LINING RAN NVER ON LOT 5 OF THE STILLWN H R 4 0 UTE THE CO COMMUNITY CENTERO,N OC~EOWN AS THE SILVER LINING ~' SUBDIVISION, COMM AVENUE, CITY OF ASPEN, COLORADO. _ __ ~ , o:~ n~_R(15 YAn~.I,,., .., . - artment received an application from the re resented by Alan Richman of Alan WHEREAS The Community Development Dep p Use in the Academic zone Aspen Jewish Resource Center Chabad of spen, or review for Art, Cultural, and Civic p ments in the Academic zone distA t; $040 Greenlme Ding Services, f rea (SPA) Review Richman arking require ecially Planned district; Special Review for p and Conceptual/Final Sp Ranch" which has Stream Margin Review; "Silver Lining Review; and referred tO SPAeon the City of Aspen Official Zone for the property commonly ~ e ally planned area ( ) previously been designated a sP District Map; and and Zoning Commission 4 Series of 1997, of the Planning REAS, Resolution No. ~ of 5, Stillwater Ranch Subdivisio eCOaICR°e aew f r WHE royal of the L of Aspen, granted app Stream Margin of the City ultural, and Civic Use in the Acgp40 iGr enline tReview; Use Review for Art, C arking requirements in the Academic zone district, p of Aspen, Review; and SPA) No. 11, Series of 1997, of the Citys ecially Planned Area WHEREAS, Ordinance ualif ing as an Stillwater Ranch Subdivision rofit entity q y royal of the Lotrant a GMQS exemption for anon-p granted final app lan, and to g final development p essential public facility; and and Zoning Commission Series of 2006, the Planning to ee generation, and WHEREAS, Resolution NO. 2anag a royal to City ' ns a Growth M ement Review to determine emp y approved with conditio off-street parking requirements; and recommending op the Jewish essential public facility Special Review to establish ement Review as an Council of a Growth Manag f As en, enter, proposed to be located at 435 West Main Street; an e Cit o p Community C Council of th Y Ordinance No. 36, Series of 2006, of the City ublic facility for the Jewish WHEREAS, a ement Review as an essential p granted approval of the Growth Man g enter, proposed to be located at 435 West Main Street; an Community C WHEREAS, upon initial review of the application and the applicable code standazds, the Community Development Department recommended approval with conditions of a Specially Planned Area (SPA); and, WHEREAS, during a duly noticed public hearing on January 20, 2009, continued to February 17, 2009, upon further public testimony, discussion and consideration, the Planning and Zoning Commission adopted Resolution No. _, Series of 2009 by a to ~-~ 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 standazds set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends City Council approval of a Consolidated Specially Planned Area (SPA) Amendment and Growth Management Quota System Review for an Essential Public Facility. The Planning and Zoning Commission approves the application for Special Review for Pazking, 8040 Greenline Review, and Stream Mazgin Review. Section 2: Eneineerin¢ The building permit application shall include a drainage and stormwater study for all impervious azea on site. The developer will be required to be granted permission from the Aspen Club to construct the retaining wall on the western side of the property. Impacts of construction outside the sites property boundary must be agreed upon with neighboring properties and addressed in the .construction management plan. A construction management plan must be submitted in conjunction with the building permit application. The plan must include a planned sequence of construction that minimizes construction impacts to the public. The plan shall describe mitigation fot: parking, staging/encroachments, truck traffic, noise, dust, and erosion/sediment pollution. The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21, and all design and construction standazds published by the Engineering Department. ' Section 3: Affordable Housin¢ Audit The applicant shall submit an employee audit prior to building permit issuance and two yeazs after issuance. of C.O. The form and methodology of the audit shall be reviewed by APCHA and be consistent for both audits. The applicant shall be required to provide housing for a minimum of 60% of the employees generated by the project, based on the results of the initial employee audits. The applicant shall provide mitigation for 60% of any increase in employees found to be generated in the audit completed two yeazs after issuance of the C.O., unless otherwise waived by City Council. It is the applicant's responsibility to submit the audits. Section 4: Sanitation District Requirements P21 Oil and Grease interceptors are required for all new and remodeled commercial kitchens and food processing establishments. Permanent improvements are prohibited in sewer easements or right of ways incl}xding hazd landscaping which will impact public ROW or easements owned by the district. Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze 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 5: Dimensional Standards The dimensional requirements which shall apply to this property aze as fo]lows: vuFVrnrrcr.v_errunvF.n niMF.NCinNAL REQUIREMENTS /PROPOSED CHANGES Drmensional Standard Approved SPA Plan Proposed Dimension Dimensions Minimum Lot Size 6 acres no change Minimum Lot Area Per Dwelling Unit 2 acres per unit no change Minimum Lot Width 200 feet no change Minimum Front Yard Setback 30 feet no change Minimum Side Yard Setback 20 feet Amend building envelope to accommodate revised arlcin Minimum Reaz Yazd Setback 20 feet no change Maximum Height 28 feet (Measured to the mid- no change point of the roof on all sides o the building, except for the east-facing elevation, which was limited to 32.5 to the mid oint of the roof Minimum Distance Between Principal and No Requirement no change Accesso Buildin s Percent of Open Space Required for Building Site As shown on site plan (30%) Add small cabin Floor Area Ratio Allowable floor area shall not Add 700 sq. ft. for exceed 14,000 squaze feet the affordable housin cabin Off-Street Pazking 3 gazage spaces, 10 outdoor 3 garage spaces, 20 s aces outdoors aces Section 6: Allowed Uses: In addition to the permitted and conditional uses allowed in the Academic and Conservation zone districts, this property is also allowed to be used for Arts, Cultural, and Civic Uses, and P22 Affordable housing for employees of the Arts, Cultural and Civic Uses. The proposed activities in the Jewish Community Center include; apre-school, Hebrew school, adult education, religious services, and special events. The uses which shall apply to this property aze as follows: CiTMMARY OF ACTiYiTiF,S AT THE JEWISH COMMUNITY CENTER Activity Time Period Frequency Attendance Proposed TDM* measures Pre-School Sam to Spm 5 days per week 35-40 children Pick-up and drop off at Koch Lumber Yazd Pazk Hebrew 3:30pm to Spm 2 days per week 8-10 children Aspen Club & Cross School Town Shuttle Teen Program 6pm to Spm 1 night per 20-25 persons Aspen Club & Cross month Town Shuttle Adult 10:30am to 11:30 am 1 day per week 5-10 persons Aspen Club & Cross Education 7:30pm to Spm 1 night per 15-20 persons Town Shuttle week Religious Friday azound sundown every week 10-20 persons No special services Saturda gam to Noon 10-40 ersons measures** Special events Evenings and weekends 5-10 events per more than 50, less Pick-up and drop off yeaz than 200 per at Rio Grande event Parking Gazage and Little Nell Hotel Affordable Yeaz round 3 units on-site 5.75 employees Bicycles will be Housing provided. Caz sharing with Aspen Club em to ees? *Transportation Demand Management (TDM) **A significant percentage of the persons who attend religious services in the congregation aze observant Jews and will not drive a car or take a shuttle to services. These persons can be expected to walk to and from the facility. * **Schedule and frequency of activities shown in this table are based on cun•ent plans and may vary slightly. Substantial changes to the schedule or frequency of activities, as determined by the Community Development Director, may require an amendment to be submitted to this application. Section 7: 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 Pazks Department. Tree protection fences must be in place and inspected by the city forester or his/her designee before any construction activities aze 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 imgation ditch. P23 Section 8: Transuortation Transportation requests that the Jewish Community Center meet with Staff prior to each summer season to discuss their schedule of events and associated transportation/pazking impacts as well as mitigation such as increased shuttle service, etc. Transportation requests that the Jewish Community Center communicate with event staff/attendees about alternative transportation options prior to large events. Section 9• 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, 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 10: 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 11: 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 17th day of February, 2009. APPROVED AS TO FORM: Jim True, Special Counsel PLANNING AND ZONING COMMISSION: LJ Erspamer, Chair ATTEST: Jackie Lothian, Deputy City Clerk P24 -~ EXHIBIT J Regular Meeting Aspen City Council Mav 14.2007 Ferguson to the city attorney about restricting the hotel units under one ownership, and he would like a legal opinion on what that means. Councilman Torre said he is still concerned about the use of the interior spaces and this could be a better project. Councilman Torre commended the applicant on where this project has come. Councilman Torre said compatibility with other projects in this azea is important. All in favor, motion carried. ORDINANCE #17, SERIES OF 2007 -Historic Designation - 827 Dean Street Councihnembers Johnson and Tygre returned. Sara Adams, community development department, told Council this is a voluntary designation for a residential neighborhood on Dean street and it exemplifies the chalet style. Tlris was built in 1956 by Hatry Poschman. Ms. Adams said this home illustrates two aspects of local post W WII history; the chalet style and the significance of Harry Poschman to Aspen's cultwal heritage. HPC found all review criteria were met and voted unanimously to recommend historic designation. Ms. Adams told Council Poschman was part of the Tenth Mountain Division along with other local notables. Poschman developed an appreciation for chalet architecture while serving overseas in W WII. Poschman helped built lift 1 in 1947. Poschman built and operated the Edelweiss Chalet. Ms. Adams stated staff finds Poschman important to `' Aspen, his representation of Aspen sentiment and his values which reflect the cultural heritage of this town. Ms. Adams presented color photographs of the house, pointing out this structure is oriented toward the mountain, which is one thing the historic preservation officers look for in the chalet style. Ms. Adams noted a generous gable roof, materials indicated of chalet azchitecture -wood details and stucco. The house has had minor alterations. Mayor Klanderud opened the public hearing. Ms. Adams entered a letter into the record from Ada Lamont in favor of designation; letter from Janet Boelen in favor and from Les Holst in favor of designation. Mayor Klanderud closed the public hearing. Councilman Torre moved to adopt Ordinance #17, Series of 2007, on second reading; seconded by Councilman DeVilbiss. Roll call vote; Councilmembers Johnson, yes; Tygre, yes; DeVilbiss, yes; Torre, yes; Mayor Klanderud, yes. Motion carried. ORDINANCE #18. SERIES OF 2007 -Disconnect Lot 5 Stillwater Ranch ,^° P25 Regular Meeting Aspen Ciri Council Mav 14, 2007 Councilwoman Tygre recused herself due to a connections to her other office. Jim True, representing this city, stated this decision is within the sole discretion of Council finding whether or not it is in the best interest of the community to allow disconnection of this property. Jessica Garrow, community development department, passed out a map of the subject property with surrounding zoning. The subject property is zoned Academic and Conservation with an SPA overlay. Ms. Darrow noted the delineation of the Stillwater subdivision. Ms. Gazrow said this property is part of the Stillwater ranch subdivision and its parcels aze zoned AR-2 in the county. This zone district is to create a moderate density transition zone between moderate and low density residential uses. Ms. Gazrow said it is presumed if this were to revert back to the county, it would be zoned AR-2 and would abide by the subdivision covenants. This means it would be limited to 6500 square feet of FAR with 4,000 squaze feet exempt basement space, 700 squaze feet of exempt gazage. The applicants would be required to provide on-site affordable housing mitigation. Ms. Gazrow told Council this pazcel received a growth management allotment when approved as part of the subdivision in the county. Ms. Darrow said if it were to remain in the city and to revert to a single family home, it would need to go through an administrative growth management review and to provide affordable housing. Ms. Gazrow said a permitted use in the conservation zone is a single family house; this is not a permitted use in the Academic zone district. Ms. Darrow stated staff recommends against granting this request. If this does revert to a single family home, it would pay property tastes to the city, if it remains in the city. Ms. Darrow said the FARs aze comparable between the city and county. Rick Neiley, representing the applicant Sister Andrea Jaeger, told Council Sister Andrea started Little Staz Foundation in 1990. Sister Andrea received a gift of this land from Fabienne Benedict in 1994 and through the zoning and annexation process established a charitable foundation that provides caze for children with cancer and their families- Neiley said there was no equivalent zoning in the county at that time, which is why it was annexed to the city. Neiley said during the 16 years of operating the charitable foundation in Aspen, it has become more difficult to get and treat patients at this altitude. The objective is to disconnect the pazcel; rezone it in the county as a single family lot, sell the property to create an endowment and allow construction of a new facility south of Durango. Neiley requested Council approve this ordinance de-annexing the property so that it can revert to the Stillwater zoning. Neiley said the property taxes that maybe lost to the city would be around $6,000/annually. Neiley told Council the applicants discussed rezoning the property and leaving it in the city; however, all that is possible is what was approved during annexation. The conservation zone is not intended to be developed. Neiley said the rezoning process in the city would take much longer than the foundation can wait. Sister Andrea said her foundation provides long term care of children with cancer. When "" the foundation started, they provided housing at local hotels. Sister Andrea told Council ~., l0 P26 Reeulsr Meetiue Asuen City Couucil Mav 14, 2007 ^, she contacted the Benedicts about land they owned east of town for this foundation. The ~ Benedicts gave the land to the foundation to sell or to use for a building for the foundation. Sister Andrea said the high altitude affects the health of some of the children. Sister Andrea told Council 9/11 has affected fund raising. Glenn Hom, representing the applicant, told Council it will be a much shorter process in the county to get the property marketable. Ms. Garrow said a single family house is not allowed in the academic zone; it is allowed in the conservation zone but only if the SPA is lifted. Mayor Klanderud opened the public hearing. The executive director of the Aspen Cancer survivor center told Council they looked at this center as an opportunity to continue the work in town. The director said they have discussed with other non-profits about purchasing this property and there is interest to preserve this as a cancer retreat center. Mayor Klandemd closed the public hearing. Sister Andrea said this foundation has worked with a lot of non-profit organizations to support children and young adults. Sister Andrea told Council they have a responsibility to work with these children and to continue that work. Sister Andrea said they need this endowment to carryon this work. Councilman DeVilbiss asked the access to the property. Sister Andrea said Ute avenue is the only access. Councihnan DeVilbiss asked if this could be sold for 3 single family houses in the county. Neiley said it was approved in the county and the number of lots and density was established for one single family "`" residence. This also has a growth management allocation in the county. There could be a single family house with a deed restricted employee unit. No fitrther subdivision would be permitted. Councilman DeVilbiss said the difference seems to be that the applicants could get a single family house approved more quickly through the county process than the city process. Councilman DeVilbiss moved to adopt Ordinance #18, Series of 2007, on second reading; seconded by Councilman Johnson. Councilman Torre said he is not in favor of disconnection. Councilman Torre said he is not in favor of properties being developed in the city and then when it is convenient for disconnection, to apply for that. Councihnan Torre stated it is in the city's best interest to retain this property under the city's guidelines. The property was deeded for non-profit work; it was accepted by the city as such and was zoned for academic and conservation and it should remain so and not revert to single family house usage not in line with the original approvals. Mayor Klanderud said this was gilled with no stipulations from the donor. Mayor Klanderud said she has mixed feelings about this application. One decision is made when it benefits the land owner and when it doesn't a different decision is sought. Mayor IClanderud said it would be great if it were a winlwin for everyone. The property W- 11 P27 Regular Meeting Asuen Clri Council Mav 14, 2007 is developed for certain uses and it would a good solution if it could be used for similaz ;~ uses by other non-profits. Councilman Johnson stated he does not feel it is in the city's best interest to allow de- annexation for the reasons stated by stab' nor is it wise public policy to set precedents of de-annexation for the sole purpose of increasing value for free market residences. Councilman Johnson noted there aze too many single family residence and too few non- profit institutions like this. Councilman Torre asked if the conservation zone allows for a single family residence. Ms. Garrow said it does but in this instance the SPA overlay prevents it. Councilman DeVilbiss asked the rationale for the SPA overlay. Chris Bendon, community development deparhrrent, said this was a specific request and the zoning was academic as most closely associated with the proposed use, and conservation zoning because of the flood plain areas. The SPA was tailored to the applicant's proposal and it meshed with the homeowners' covenants. Mayor Klanderud noted there have been discussions on the traffic on Ute Avenue for other projects. If this were a different non-profit use, there could be increases in traffic on Ute Avenue which may not be in the best interests of the city. A single family residence would be a wash city or county. Councilman DeVilbiss stated the best interests of the city will not be served by disconnection. Roll call vote; Councilmembers Johnson, no; Torre, no; DeVilbiss, no; Mayor Klanderud, yes. Motion NOT carried. APPEAL OF P&Z RESOLUTION 1001 UTE AVENUE Councilman Torre recused himself due to a connection with the Gant Jessica Garrow, community development department, submitted two resolutions, #42, reversing the decision of P&Z and Resolution #41, upholding the decision of PBcZ. Jim True, representing the city, told Council this is an appeal of a decision made by PBcZ granting 8040 green line and residential design standard variance and a PUD amendment. The appeal standard to be addressed by Council is based on a review of the record to determine whether there was a denial of due process, abuse of discretion or finding that PBcZ exceeded its jurisdiction. True stated no additional evidence other than the record presented to P&Z should be considered by Council Ms. Garrow outlined the documents in Council's packet that are part of the P&Z record for this approval. Ms. Gatrow stated this is an appeal from Richard and Susan Wells of a decision made Apri13, 2007, by P&Z where they granted approval of Resolution #9, 2007, granting 8040 green line review to two residences at 1001 Ute avenue; a residential design standard variance from secondary mass and two PUD amendments; one for building along the property line between the two residences and one to transfer a small amount of FAR from lot 2 to lot 1. 12 P28 EXHIBIT K MEMORANDUM T0: David Hoefer, Attorney's Office Joyce Ohfson, Community Development Department FROM: Claude Morelli, Transportation Planner CC: Steve Barwick, City Manager Randy Ready, Assistant City Manager Lysa Usher, Transportation Coordinator DATE: _ 19 RE: Potential Aspen Club Contribution to the Cross Town Shuttle SUMMARY: The purpose of this memorandum is to develop a recommendation for a ~~nt >- = $~7~ :The recommended contribution is - ~ ~ ores .- a~ in which the shuttle operates. Staff also recommends. however, that this amount be reduced by $2.00 for each shuttle rider that the Aspen Club generates. The purpose of the reduction is to provide an incentive for the Aspen Club to promote use of the service. BACKGROUND:.9t a recent work session on transportation, Council nave preliminary approval for [he operation and mazketins of a new in-town transit service called the Cross Town Shuttle. This service will run during the winter of 1999/2000 between the east end of Ute Avenue and the Music Associates bus stop in the West End via the Aspen Core Area (see Figure A). Service will be provided every 30 minutes in each direction. The purposes of the shuttle include (a) reducine traffic and demand for core-area pazking by providing an alternative to automobile travel, and (b) filling gaps in transit service coverage that currently exist in Aspen. In a November 4, 1999 memorandum to Council, staff presented estimates of potential shuttle ridership. Staff estimates that, on average, approximately ] 33 riders per day will use the shuttle over the course of the operating season. Of this total, approximately 57 aze expected to boazd or alight in the West End and 76 aze expected to boazd or alight along Ute Avenuc (see Table 1). Metm_ASp~ CIuD_Contrihutionl page 1 of 3 P29 ' See the Aspen Club devtlopment approval documents for information on the Club's traffic-mitigation • ~ RK RECOMMENDED ASPEN CLUB CONTRIBUTION: Staffs methodology for developing a reasonable Aspen Club contribution level is a iwo-step process. The first step involves apportioning the total cost of the shuttle service between the west and east segments of the shuttle route on a mileage basis. The west segment extends from the Music Associates stop to Rubey Pazk, while the east segment extends from Rubey Park to the east end of Ute Avenue. Step two involves further apponioning the cost of operating and marketing the east segment to the Aspen Club. The apportionment of cost to the Aspen Club is based on its estimated.shuttle rider generation rate relative to other land uses along Ute Avenue. Step 1: When measured on a round-trip basis, the route of the Cross Town Shuttle is approximately 3.9 miles long. That is, cach trip of the shuttle from the eas .. L Avenue to the Music Associates bus stop and back totals about 3.9 miles. • a ~e'fria~ cost of Step 2: Ute Avenue land uses are expected to generate about 76 shuttle riders per da}'. Of this amount, at Least?0 riders are expected to board or alight at the AspeClub. Thu_ s,r~ u tp ytng a mileage-apportioned cost of the east segment of the Cross Town Shuttle Service (_ $ 297.80) by the Aspen Club`s share of all lire Avenue riders (= 0.2b) ~.-- ~ ,mac-~~ ~.-•~ yields a ~ mmended,espen Cl_u~'i cdntr'tb nozl afi$7„~_`S„a~;per_ a -J~see Table 3). SHUTTLE PROMOTION INCENTIVE: As an incentive for the Aspen Club to promote use of the Cross Town Shuttle. staff recommends that the contribution level of $77.85 per day be reduced by $2.00 for each rider generated by the club. For example. if the Aspen Club were to generate an average of 30 riders per day. the required daily contribution would be $17.85 (_ $77.85 - [$2.00 x 30)). Generation of 39 or more riders per day on average would reduce the Aspen Club's daily contribution to zero. Measurement of ridership should be by means of periodic random samples of shuttle boardines and alightings at the Aspen Club stop. obligations: Crcdinance Number 20, Series of 1996, Section 2, hems 4 and 10. See also the July I5, 1996 memorandum from Alan Richman to the Aspen Ciry Council, referenced in Item ~ of Ordinance 20. Mcmo Aspcn Clu6_Contributionl page 2 Of 2 P30 RECOMMENDED ASPEN CLUB CONTRIBUTION: Staff s methodology for developing a reasonable Aspen Club contribution level is a two-step process. The first step involves apportioning the total cost of the shuttle service between the west and east segments of the shuttle route on a mileage basis. The west segment extends from the Music Associates stop to Rubey Park, while the east segment extends from Rubey Pazk to the east end of Ute Avenue. Step two involves further apportioning the cost of operating and mazketing the east segment to the Aspen Club. The apportionment of cost to the Aspen Club is based on its estimated shuttle rider generation rate relative to other land uses along Ute Avenue. Step 1: When measured on a round-trip basis, the route of the Cross Town Shuttle is approximately 3.9 miles long. That is, each trip of the shuttle fiom the east end ofUte Avenue to the Music Associates bus stop and back totals about 3.9 miles. Traveling from Rubey Park to the east end of Ute Avenue and back totals about 1.6 miles. Thus, the east segment of the shuttle represents about 41 percent of total route mileage. Since the cost of operating and marketing the shuttle is projected to total approximately $726 per day, the mileage-apportioned cost of operating the service over the east portion is about $297.80 per day (see Table 2). Step 2: Ute Avenue land uses are expected to generate about 76 shuttle riders per day. Of this amount, at least 20 riders are expected to board or alight at the Aspen Club. Thus, riders generated 6y the Aspen Club are expected to represent about 26 percent of all Ute Avenue riders. Multiplying the mileage-apportioned cost of the east segment of the Cross Town Shuttle Service (_ $ 297.80) by the Aspen Club's shaze of all Ute Avenue riders (= 0.26) yields a recommended Aspen Club contribution of $77.85 per day (see Table 3). SHUTTLE PROMOTION INCENTIVE: As an incentive for the Aspen Club to promote use of the Cross Town Shuttle, staff recommends that the contribution level of $77.85 per day be reduced by $2.00 far each rider generated by the club, For example, if the Aspen Club were to generate an average of 30 riders per day, the required daily contribution would be $17.85 (_ $77.85 - [$2.00 x 30J). Generation of 39 or more riders per day on average would reduce the Aspen Club's daily contribution to zero. Measurement of ridership should be by means of periodic random samples of shuttle boazdings and alightings at the Aspen Club stop. obligations: Ordinance Number 20, Series of 1996, Section 2, hems 4 and ] 0. See also the Iuly t 5, 1996 memorandum from Alan Richman to the Aspen City Council, rcfetenced in Item 4 of Ordinance 20. memo_aspen_club cl shunle_<onvibulionl.doc page 2 of 2 P31 'r ~"~ri~" ~ December 3, 2003 Aspen Club and Spa 1450 Crystal Lake Road Aspen, CO 8161 ] Attn: General Manager T~ cm ~ Amex As the Aspen Club and Spa will not be contributing to the Cross Town Shuttle this season, the business will be required to provide van services as represented as part of a 1996 approval for the relocation of the Aspen Club pazking lot and expansion of the club. The requirements aze as follows: I .Nature of service: The service will be point to point, between the Aspen Club Lodge and the Aspen Club. The shuttle will also have at least one cross-town pick up point. 2. Route: Along Highway 82 and Crystal Lake Road, but may deviate to Ute Avenue for therapy patients. 3. Timing: The service will operate during the morning (8-9:30am), mid-day (12-1:30pm) and evening (4-6:OOpm) peak hours, on the half hour and the hour, for a total of 13 round trips daily. It will be a year-round service. ' 4. Vehicle type: Van service. 5. Public information: Members and employees will be given materials describing the shuttle service and encouraging them to use it. Members and employees will also be reminded that RFTA operates a shuttle along Highway 82 that they can use. A sign will be posted in a conspicuous place on the property describing the time and place of the Club's shuttle service. 6. Completion of former issues of compliance: City of Aspen records indicate that the Aspen Club has not fulfilled its required 2003 Cross Town Shuttle contribution. The Club must provide proof of payment of prior invoices, or alternatively, pay the enclosed invoice by December 15, 2003. A transportation management plan, including the following elements, will. also be due to the City of Aspen Transportation Department by December 15, 2003. 1. Commencement date of van service 2: Detailed information on how the van service meets the above requirements 3. Remittance of 2003 Cross Town Shuttle contribution 4. Proposed plan for annual proof ofcompliance - ie annual report, meeting, etc. Regards, ,~., ,8~. Lynn Bader, Transportation Coordinator c5',dra..f t~,otiv Sazah Oates, Zoning Officer P32 Aspen Club & Spa Traffic Management Plan Specific Requirements for Shuttle Service Source: Alan Richman Memo dated July I5, 1996 Shuttle Service 1. Nature of service: The service will be point to point, between the Aspen Club Lodge and the Aspen Club. The shuttle will also have at ]east one cross-town pick up point. 2. Route: Along Highway 82 and Crystal Lake Road, but may deviate to Ute Avenue for therapy patients. 3. Timing: The service will operate during the morning (8-9:30am), mid-day (12-1:30pm) and evening (4-6:OOpm) peak hours, on the half hour and the hour, for a total of 13 round trips daily. It will be a yeaz-round service. 4. Vehicle type: Van service. 5. Public information: Members and employees will be given materials describing the shuttle service and encouraging them to use it. Members and employees will also be reminded that RFTA operates a shuttle along Highway 82 that they can use. A sign will be.posted in a conspicuous place on the property describing the time and place of the Club's shuttle service. 6. Reporting A report including pazking lot counts, ridership data, etc was required to be submitted to Council within one yeaz of construction completion. Is there any way to require similar reporting to ensure compliance? (ex: annual check in with Transportation staff] P33 ASPEN CLUB PRO RATA SHARE OF CROSSTOWN SERVICE 2003 CALCULATIONS Total Annual Cost $ 163,823 Total Operating Days 190 Total Operating Cost/day $ 662.23 WINTER COST CALCULATIONS Tota! Operating days Hours of Operation Roundtrips/hour to Aspen Club Total Daily Trips Total Winter Trips Total Winter Cost Cost per trip Winter Aspen Club Cost per Day Aspen Clubs Required Mitigation ($33.16 x .41 x .50x13 trips) Aspen Club Cost for Total Winter Operations (114 days x $89.00/day) SUMMER COST CALCULATIONS Total Operating days Hours of Operation Round trips hour to Aspen Club Daily Trips Total Summer Trips Total Summer Cost Cost per trip Summer Aspen Club Cost per Day Aspen Clubs Required Mitigation ($29.73 x .41 x .50x13 trips) Aspen Club Cost for Total Winter Operations (76 days x $79.24/day) TOTAL WINTER & SUMMER COSTS 114 13 2 26 2964 $ 98,293.80 $ 33.16 13 trips per day $ 88.38 $ 10,075.11 $ 10,076.00 76 14.5 2 29 2204 $ 65,529.20 $ 29.73 13 trips/day $ 79.24 $ 6,021.91 $ 6,022.00 $ 16,098.00 P34 ~ ~ l ASPEN CLUB &SPA December 30, 2003 The City of Aspen Club & Spa Lynn Bader, Transportation Coordinator Sarah Oates, Zoning Officer Please consider the following in response to your letter dated December 3, 2003. requesting a plan for our shuttle service: ~~. .~ ~ 2. The Vehicle in use is a 2004 GMC Savannah 7-passeriger van. 3. From December 15 through April 15, and from June 15 through September 30, the van will run continuously from 8:30 am until 8:00 pm on Saturday and Sunday and until 9:00 pm on weekdays. This itinerary yields approximately 40-50 trips per day. 4. From April 16 through June 14, and from October 1 through December 14, the van will run twice per hour, on the 10 and 40 minute past the hour, during the same hours. This itinerary will yield approximately 20-30 trips per day. 5. We are currently testing a route that begins and ends at the Aspen Club and loops through town, stopping at taxi pick-up points and at Rubey Park. 6. We are open to the City's recommendation of compliance proof-we can provide an annual report, or attend a meeting, whichever pleases the Ciry. Please advise. We have written a check in the amount of $10,000 that will be mailed on January 2, 2004. The remainder will follow on January 9. Thank you so much for your consideration. Please call me with any questions, comments, or concerns. Linda Schmehl General Manager P35 Mazch 8, 2004 CERTIFIED MAIL Linda Schmehl Aspen Club 1450 Crystal Lake Road Aspen, CO 81611 RE: Payment for 2003 Cross Town Shuttle Deaz Linda, The City of Transportation Department has not received the final payment due for the Aspen Club's contribution to operation of the Cross Town Shuttle in 2003. Per your letter dated December 30, 2003, a payment was to be made January 2, 2004 and January ] 5, 2002: To our knowledge the January 15, 2004 payment has not been received. Further, the Transportation Department staff has also not received information related to a mazketing plan for the shuttle (i.e. how the Aspen Club is informing clients and staff of the service). As you aze awaze, the Aspen Club was required to provide some sort of public transportation program as part of 1996 ap royals. ~ B '~" e ose3 ~~ .,~ ,. r ~+'d - . dit~ #. " t3 ° 'aoss~ t- .Since payment has not been r a portion~of the Cross Town Shuttle for 2003, the Aspen Club is violation of its approvals. Please remit payment and a mazketing plan within ten (10) days from the date of this letter or a court citation may be issued. We appreciate your attention in this matter. Regards, Sarah Oates, Zoning Officer City of Aspen cc: Lynn Bader, Transportation Department P36