HomeMy WebLinkAboutLand Use Case.CU.433 E Durant Ave.A69-93q33 PLAV" ,.h f�vQ
Silver Circle Ice Rink
Conditional Use Review
A69-93 2737-182-85-006
C
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 112108/93 PARCEL ID AND CASE NO.
DATE COMPLETE : 2737-182-85-006 A69-93
STAFF MEMBER: LL
PROJECT NAME: Silver Circle Ice Rink Conditional Use Review for
Food Service Facility
Project Address:
Legal Address: .Lot 6, Aspen Mountain PUD/Subdivision
APPLICANT: Savanah Limited Partnershi
Applicant Address:
REPRESENTATIVE: Joe Wells
Representative Address/Phone: 602 Midland Park Place
Aspen, CO 81611 925-8080
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ 942 # APPS RECEIVED 1
ENGINEER $ 93 # PLATS RECEIVED
HOUSING $
ENV. HEALTH $ 55
TOTAL $1090
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date Dt(,.21 PUBLIC HEARING YES NO
VESTED RIGHTS: ImS" NO
CC Meeting Date
DRC Meeting Date
REFERRALS:
City Attorney
- City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
DATE REFERRED: INITIALS:
FINAL ROUTING: DATE ROUTED:
City Atty City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DUE:
INITIAL
Zoning Env. Health
Other:
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING CONDITIONAL USE APPROVAL FOR A FOOD SERVICE CART
TO BE LOCATED AT THE SILVER CIRCLE ICE RINK ON LOT 6
OF THE ASPEN MOUNTAIN SUBDIVISION/PUD
Resolution No. 93-,-,
WHEREAS, pursuant to Section 24-5-219 of the Aspen Land Use
Regulations, the Park zone district allows a food service facility
subject to Conditional Use review approval as described Section 24-
7-304; and
WHEREAS, the Planning Office received an application from the
Savanah Limited Partnership, represented by Ferdinand Belz and Joe
Wells, for a Conditional Use review for a food service cart to be
located in the concession area indicated on the Aspen Mountain Ice
Rink and Park site plan recorded in Book 30 at Page 76; and
WHEREAS, the Aspen Mountain Ice Rink and Park was approved by
the Aspen City Council pursuant to Ordinance #12, Series 1992; and
WHEREAS, the Planning and Zoning Commission considered the
applicant's request at a duly noticed public hearing on December
21, 1993 at which time the Commission voted 4-0 to approve the
request with conditions.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use review for a food service cart for Lot 6
of the Aspen Mountain Subdivision/PUD is approved subject to the
following conditions:
1. In the event the applicant wishes to reconfigure the
concession space, a new Conditional Use review and possible
PUD amendment will be required.
2. All conditions of Ordinance 12, Series 1992 shall remain in
full force and effect.
3. The food service cart/wagon shall not exceed one foot over the
height of the terrace overlook's floor.
4. Prior to commencement of the food car use, a plan of the
proposed seating arrangement shall be approved by the Planning
Of f ice.
5. The applicant shall comply with the food service requirements
of the Aspen/Pitkin County Environmental Health Department.
6. One spruce tree of approximately 15 feet in height shall be
installed in accordance with the original plan. The tree
shall be placed once the ground conditions permit. This
existing bond will be partially released or modified after one
growing season of the tree to insure it is healthy.
Resolution #93-_
Page 2
7. All material representations make by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless amended by other conditions.
APPROVED by the Commission at its regular meeting on December 21,
1993.
Attest:
Jan'Carney, i
Deputy City Cltrk
Planning and Zoning Commission:
W. Bruce Kerr,
Chair
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Mary Lackner, Planner
RE: Silver Circle Ice Rink Conditional Use Review for a Food
Service Facility - Public Hearing
DATE: December 21, 1993
SUMMARY: The Planning Office recommends approval of the Silver
Circle Ice Rink Conditional Use Review for a food service facility
with conditions.
APPLICANT: Savanah Limited Partnership, represented by Ferdinand
Belz and Joe Wells.
LOCATION: Lot 6, Aspen Mountain Subdivision/PUD. The ice rink is
located on Durant Street across from the Ruby Park transit
terminal.
ZONING: P - Park zone district.
APPLICANT'S REQUEST: The applicant requests Conditional Use
approval to place a food service cart in the concession area at the
Silver Circle Ice Rink. Ordinance 12, Series 1992 approved an ice
skating rink and a food service concessionaire space for Lot 6 of
the Aspen Mountain Subdivision. This Ordinance requires the
applicant to apply for and receive Conditional Use approval prior
to the operation of a food service cart. Please refer to
application information, Exhibit "A".
STAFF COMMENTS: A restaurant facility is a conditional use in the
Park zone district. The Commission has the authority to review and
approve development applications for conditional uses pursuant to
the standards of Section 7-304:
A. The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive Plan,
and with the intent of the zone district in which it is
proposed to be located; and
Response: The ice rink and park are the primary uses of the site
and the food cart is proposed as a convenience to the site's users.
The food service area is consistent with the Aspen Area Community
Plan and the intent of the Park zone district.
B. The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the mixture
of complimentary uses and activities in the immediate vicinity
of the parcel proposed for development; and
Response: The concession facility will enhance the use of the site
and surrounding uses, which include commercial, accommodation/lodge
and public transportation uses. As stated in the application, food
service on this site may reduce some pedestrian/vehicular conflicts
on Durant Street which might result if users leave the site to
purchase for refreshments.
C. The location, size, design and operating characteristics of
the proposed conditional use minimizes adverse effects,
including visual impacts, impacts on pedestrian and vehicular
circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties; and
Response: The alcove that is depicted on the Final Plat, and which
has been constructed, was designed to take into consideration
visual impacts, pedestrian circulation, parking, trash, service
delivery, noise, vibrations and odor. The attached site plan
indicates the concession area is located close to the trash area
and is recessed into the side of the hill.
Presently, the applicant does not have a specific cart design.
Several alternatives are being considered, from a stainless steel
cart to a popcorn -wagon type design. Planning staff does not
believe that the specific cart design would have a significant
visual impact if it is located within the proposed concession area,
and if the height of the cart does not exceed that of the terrace
overlook. Therefore, staff is not requiring a specific design for
consideration of this conditional use application but is
recommending a condition of approval limiting the height of the
cart.
Condition 14 of Ordinance 12, Series 1992, states, "The concession
area shall provide seating for twenty-five (25) people or less."
Because the applicant does not have a specific cart design, no
location for seating has been provided. Staff has concern that the
location of seating can negatively impact pedestrian circulation
around the rink. Planning staff would like to review a preliminary
plan of the applicant's proposed seating arrangement, prior to
commencement of use of the food cart. If there are pedestrian
circulation issues staff will bring this arrangement back to the
Planning Commission for review.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
Response: All public utilities and services are in place at the
site.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
Response: The applicant was required to mitigate one employee in
connection with the concession area by deed -restricting a room in
the Grand Aspen Hotel, pursuant to Ordinance 12, Series 1992 which
granted approval of the ice rink. This deed restriction is
recorded in Book 716 at Page 679.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Community Plan and
by all other applicable requirements of this chapter.
Response: The Parks Department has indicated that the applicant
is required to provide one 15 inch spruce tree, as a condition of
the original approval. Staff recommends that this tree be bonded
prior to commencement of food cart use.
This use complies with the Aspen Area Comprehensive Plan and all
other applicable conditional use standards.
STAFF RECOMMENDATION: Planning staff recommends approval of the
Silver Circle Ice Rink Conditional Use review for a food cart in
the concessionaire's space as depicted on the Final Plat, subject
to the following conditions:
1.
In the event the applicant wishes
to reconfigure the
concession space, a new Conditional Use
review and possible
PUD amendment will be required.
2.
All conditions of Ordinance 12, Series
1992 shall remain in
full force and effect.
3.
The food service cart/wagon shall not exceed
the height of the
terrace overlook's floor.
4.
Prior to commencement food cart use, a
plan of the proposed
seating arrangement shall be approved by
the Planning Office.
5.
The applicant shall comply with the food
service requirements
of the Aspen/Pitkin County Environmental Health Department.
6. The applicant shall bond the cost of one 15 inch spruce tree
and labor to install it, prior to commencement of food cart
use. The tree shall be planted once the ground conditions
permit. The bond will be released after one growing season
of the tree to insure it is healthy.
7. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
3
r,
conditions of approval, unless otherwise amended by other
conditions.
RECOMMENDED MOTION: "I move to approve the Conditional Use for a
food cart to be located in the concessionaire's space on Lot 6 of
the Aspen Mountain Subdivision/PUD with the conditions recommended
in the Planning Office memo dated December 21, 1993."
Exhibits:
"A" - Application Information
S
I. Conditional Use Request (Section 7-304)
This application requests, on behalf of Savanah Limited Partnership, approval by
the Aspen Planning and Zoning Commission of a conditional use application for a
food service facility for the Ice Rink on Lot 6 of the Aspen Mountain PUD/
Subdivision. Savanah has been negotiating to select an operator for a food service
facility for the ice rink, but at the present time has not reached an agreement which
can serve as a long-term solution for the site. In order to have some type of food
service in place for this season, Savanah is presently contemplating purchasing or
leasing a self-contained popcorn wagon similar to the one illustrated in the
photographs submitted with this application. This solution may prove to be
adequate to meet the long-term needs of the facility, in which case it will remain in
place. If Savanah determines, however, that the facility is not adequate for any
reason, it is the Applicant's intention to seek approval from the P&Z of an
alternative proposal in the future.
The site of the ice rink, which has recently been named the Silver Circle, was
rezoned Park with a PUD overlay. Under Ordinance 12, Series of 1992, the City
Council approved amendments to the First Amended and Restated Planned Unit
Development/ Subdivision Agreement for the Aspen Mountain Subdivision for
Lots A through I, Block 91, City and Townsite of Aspen and the lot was resubdivided
as Lot 6 of the Aspen Mountain Subdivision. Conditions 14 and 15 of that approval
related to food service at the Ice Rink:
"14. The food service area for the ice rink/park shall be limited to the
concession area which is depicted on the final development plan, except in
the case of special events. The concession area shall provide seating for
twenty-five (25) people or less.
15. The concession area shall undergo conditional use review prior to
operation of the concession area. If conditional use approval is not granted,
then the concession area may not be utilized on the site for food service."
The City Council approval also spells out specific requirements for the affordable
housing requirement for the food service with the following conditions:
"1. The applicant is required to mitigate for two employees in connection
with the ice rink and one employee in connection with the concession area.
The applicant shall deed restrict three rooms in the Grand Aspen Hotel
according to the Category 1 Price and Income Guidelines established by the
Aspen/ Pitkin County Housing Authority. At the time of redevelopment of
the Grand Aspen Hotel, the applicant shall provide comparable deed
restricted replacement housing for the 3 employees.
2. Prior to the issuance of any building permits, the applicant shall file an
appropriate Deed Restriction with the Pitkin County Clerk and Recorder for
the housing mitigation described above and the Deed Restriction language
shall be approved by the Planning Department and the Housing Authority."
The standards for review under the provisions of Section 7-304 of Chapter 24 and
the applicant's responses to those standards are as follows:
A. The conditional use is consistent and compatible with the purposes,
goals, objectives and standards of the Aspen Area Comprehensive Plan, and
with the intent of the zone district in which the proposed conditional use is
located.
The conditional use is clearly accessory to the other established uses of the
park and is consistent with the purposes, goals, objectives and standards of
the Aspen Area Comprehensive Plan, including the recently adopted Aspen
Area Community Plan, which calls for the further development and
management of parks and trails to serve the community's varied recreational
needs.
The property is now zoned Park. The purpose of the Park Zone District is
to ensure that land intended for recreation use is developed so as to serve its
intended use, while not exerting a disruptive influence on surrounding land
uses. Intended uses for the park were spelled out in the prior approval; these
included a food service area.
B. The conditional use is consistent and compatible with the character of
the immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhances the mixture of complimentary uses and
activities in the immediate vicinity of the parcel proposed for development.
The ice rink is located within an area of commercial, accommodations/lodge
and public transportation uses. The site is separated from the commercial
core by Durant Avenue, the busiest street on the mountain side of town.
Having a small food service facility available for the patrons of the ice rink
2
will enhance the recreational activities and eliminate some pedestrian/
vehicular conflicts which might otherwise result if it is necessary to leave the
rink for refreshments.
C The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts
on pedestrian and vehicular circulation, parking, trash, service delivery,
noise, vibrations and odor on surrounding properties.
The popcorn wagon will be located in the area designated for the use on the
Plat, on the south side of the rink. This area is approximately seven feet
beneath the level of the sidewalk along Dean Street. The conditional use will
not result in adverse visual or noise impacts, vibrations and odor on
surrounding properties and has no impact on pedestrian and vehicular
circulation, parking, trash or service delivery.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable water, sewer, solid
waste, parks, police, fire protection, emergency medical services, hospital and
medical services, drainage systems and schools.
All public facilities and services are in place at the site as agreed to under the
prior approval.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the conditional use.
The employee housing requirement for the food service was previously
established by the City in Ordinance 12, Series of 1992. The applicant was
required to mitigate for one employee in connection with the concession area
by deed -restricting an additional room in the Grand Aspen Hotel. This deed
restriction was recorded previously.
F. The proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this chapter.
The proposed conditional use is thought to be in compliance with applicable
standards of the Aspen Area Comprehensive Plan and Chapter 24 of the
Municipal Code.
3 1
A development application for a conditional use shall also include the following:
A. The general application information required under Sec. 6-202:
1. Applicant's letter of consent to the application is attached as
Exhibit 1.
2. The street address of the property is 433 East Durant and the legal
description is Lot 6, Aspen Mountain PUD/Subdivision.
3. Disclosure of ownership is attached as Exhibit 2.
4. Vicinity map is attached as Exhibit 3.
5. A written description of the proposal is provided above.
B. A sketch plan of the site showing existing and proposed features which
are relevant to the review of the conditional use application.
Refer to the architectural drawings included above.
C. If the application involves development of a new structure or
expansion of exterior remodeling of an existing structure, proposed
elevations of the structure.
Photographs of a similar self-contained facility are included on the next page.
4
SEVENTH AMENDED PLAT
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The Aspen Mountain Ice Rink Park
GRADING PLAN
and Planned Unil
Dcmlopi,e aims ooin h,e Doak of al page fi
d Ihose porliunt ( f Ilu
Lot 6 • Aspen Mountain PUD/ Subdivision • Aspen, Colorado Planner.
Amcndcd PI-1 for thi, tae
Aspen Mountain
"a
Owner.
Subdivision d Planned Neil .h, thepmcnl
d
recorded in Plat Duck 29 m page 93. lu Ilu <aln'I
nr mty iucoeiwo,y ne,<rilh. bee — Wne-i.-
Deaign •orbhop, Inc.
710 g. Deuant Street
Savanah 1lmited Partnership
eoo E. cooper 8t., Suits 200 tihe�
k.pen, CO 81611
Aapen, co 81e11
NORTH 0 5 10 20 February 1. 1993 (303) 925-8354
(305) 025-4272 L-I
89R- 2 7RF
ORDINANCE # 12
(Series of 1992)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
APPROVING THE ASPEN WINTER GARDEN AMENDMENTS TO THE FIRST AMENDED
AND RESTATED PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT FOR THE
ASPEN MOUNTAIN SUBDIVISION, FINAL 'PUD DEVELOPMENT PLAN,
SUBDIVISION, AND GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC
FACILITIES FOR LOTS A THROUGH I, BLOCK 91, CITY AND TOWNSITE OF
ASPEN
WHEREAS, the Aspen Winter Garden property has been designated Park
(P) with PUD overlay on the Official Zone District Map; and
{ WHEREAS, the Aspen Winter Garden Conceptual PUD Development Plan
l received Conceptual approval with conditions from the Aspen City
Council in July of 1990; and
WHEREAS, the Savanah Limited Partnership submitted to the Planning
F e
C
Office on September 25, 1991, a Final PUD Development Plan
! application for the development of an Ice Rink and Park on Lot 6,
and requests for Subdivision, Growth Management Exemption for
Essential Public Facilities, Waiver of park dedication fees, Waiver
of water tap fees, Conditional Use for the skate rental and
a maintenance building, and Special Review for parking in the Park
j zone; and
WHEREAS, the development application submission has been made in
accordance with The First Amended and Restated Planned Unit
Development/Subdivision Agreement for the Aspen Mountain
Subdivision (PUD Agreement) which requires that Lot 6 of the
a
J property become an Ice Rink and Park; and
1
A
WHEREAS, referral comments were received from the Engineering
Department, Water Department, Parks Department, Environmental
Health Department, Ice Garden, and the Aspen/Pitkin County Housing
1 Authority; and
i
WHEREAS, there is nothing inconsistent between the foregoing
described review standards and the type and level of development
: activity contemplated in the PUD Agreement for the Ice Rink and
Park; and
WHEREAS, the Planning Commission reviewed the application in
consideration of the review standards for: final PUD development
plan (Section 24-7-903), Subdivision (Section 24-7-1004), Growth
Management Quota System (Article 8 of Chapter 24), Special Review
l
(Section 24-7-404), Conditional Uses (Section 24-7-301), and the
comments received from referral agencies; and
WHEREAS, the Planning and Zoning Commission held a duly noticed
Public Hearing on January 7, 1992, after which it recommended
approval with conditions for the Aspen Winter Garden final PUD
development plan, Subdivision, Growth Management Exemption for
Essential Public Facilities, and approved with conditions
Conditional Use, and Special Review for Parking in the Park Zone;
and
WHEREAS, the City Council may grant approvals to final PUD
development plan (Section 24-7-903), Subdivision (Section 24-7-
1004) Growth Management Exemption for Essential Public Facilities
(Article 8 of Chapter 24), and amendment to the PUD Agreement; and
2
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WHEREAS, the City Council has determined that the applicant's
request for waiver of the water tap fees does not meet the
standards established by Ordinance 990-8, Series of 1990, whereby
tap fees are only waived for 1001 employee housing as approved by
the City Council and administered by the Aspen/Pitkin County -
Housing Authority; and
WHEREAS, the PUD Agreement specifically states that Lot 6 shall not
be assessed a Park Dedication Fee; and
WHEREAS, 'the City Council, having considered the Planning and
Zoning Commission's recommendations for the Aspen Winter Garden,
does wish to grant the approvals with conditions.
NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
1
ASPEN, COLORADO THAT:
Section 1: The City Council finds that the final PUD development
plan for the Aspen Winter Garden (ice rink/park) is consistent with
the conceptual PUD development plan.
Section 2: The City Council finds that the development meets the
standards from Section 24-7-903 of the Aspen Municipal Code, which
are not inconsistent with the development plan for the property
approved by the PUD Agreement, and does hereby grant final PUD
development plan approval with the following conditions:
1. Upon submission of a finalized landscape plan, a detailed
description of the proposed irrigation system should be included
as well as descriptions and specifications on landscape maintenance
plans.
3
'1\ n
2. If the three spruce trees located at the mid block of the parcel
(near Durant Avenue) are removed, they shall be replaced with four
(4) 121• to 16' spruce trees onsite.
3. The two cottonwood trees located on the corner of Durant Avenue
and Galena Street may be removed from the property and replaced
with three (3) 12' to 16' spruce trees onsite.
4. A "drop off" area shall be designated on the north side of
vacated Dean Street and depicted on the final development plan.
5. Prior to issuance of the Certificate of Occupancy for the ice
rink, the off-street parking spaces located on the north side of
vacated Dean Street shall be designated with signage as parking
for the Ice Rink/Park users only. Nine (9) parking spaces shall
be provided on the north side of vacated Dean Street.
6. Consistent with the original PUD approvals, the open space on
Lot 6 shall be utilized and credited to support the open space
requirements for the development activity on Lot 5 including any
open space in excess of two (2) feet below the existing grade of
the adjacent street.
7. In that Lot 6 (ice rink/park) has been restricted as a community
activity center and public ice skating rink pursuant to a
Declaration of Restrictive Covenant recorded on 6/29/90 (Book 624,
Page 52), all special events to be conducted on Lot 6 that exclude
the public shall be subject to the city special event approval
procedure.
Any service of liquor, wine, or beer shall be by special events
permit only.
4
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8. The ice rink/park shall be open during the hours of to am - 10
pm, seven (7) days per week, throughout the year, unless otherwise
approved by the City. During the winter months commencing on
Thanksgiving and continuing through December, January, February,
and March, the ice rink shall have no less than eight (8) hours of
public skating per day, weather permitting.
9. The trash access area shall be depicted on the final PUD
development plan.
10. An evaluation of the ventilation system for the Ice Rink should
be conducted to insure that fumes will not reach unhealthy levels.
11. The applicant should readdress the landscape plan as it relates
to the evergreen planting located at the west end of the parcel.
12. The architect should consider the hazards of snow slides from
the roof in the roof design.
13. It is the intent of the operator and the city that the local
public use of the ice rink/park shall be encouraged and that the
facility be accessible to the local public at reasonable times at
reasonable rates. There shall be no special pricing treatment for
the individual guests of the Ritz -Carlton Aspen Hotel over the
general public unless approved by the City. Pricing alternatives
shall include discounted local passes, group discounts, children's
rate, value sessions, and use packages. Group/business and
reserved use of the skating rink will be supplemental and ancillary
to public use. The operator shall submit to the City an annual
operating plan consisting of a summary of the prior year's usage
by price category and month and use projections with pricing for
5
the coming winter skating season, on or before September 1 of each
year. The operator shall be available to meet with the city to
review operations and pricing upon the city's request.
14. The food service area for the ice rink/park shall be limited
to the concession area which is depicted on the final development
plan, except in the case of special events. The concession area
shall provide seating for twenty-five (25) people or less.
15. The concession area shall undergo conditional use review prior
to operation of the concession area. If conditional use approval
is not granted, then the concession area may not be utilized -on
the site for food service.
16. The ice rink cooling system shall be designed by a professional
engineer.
17. In the event that the City shourd, by February 12, 1993,
require Savanah to landscape the right-of-way areas along Durant
Avenue and Mill Street adjacent to the ice rink/park, then Savanah
shall be obligated to landscape the area(s) to the satisfaction of
the City Engineer and Planning Director and shall maintain the
landscaping in this area. The City and Savanah should insure that
the landscape plan does not impact existing utilities along Durant
Avenue and Mill Street. Costs associated with the relocation or
maintenance or repair of any utilities (e.g. water, sewer lines or
buried cable) shall be borne by the City. The landscaping along
Durant Avenue should extend approximately eight (8) feet from the
existing face of the curb and approximately fifteen (15) feet from
the existing face of the curb on Mill Street. The sidewalks along
i
2
I)b
I Durant Avenue and Mill Street should remain in their present
location as depicted on the final development plan.
18. The operator should utilize CFC-22 in the refrigeration system
for the ice rink.
Section 3: Having found that the development meets the standards
contained in Division to of the Land Use Code, City Council grants
approval of Subdivision with the following conditions:
1. The curb line along the northern boundary (adjacent to Durant
Avenue) shall be maintained at its existing location, unless a curb
extension is approved by the city engineer.
2. The plat amendment shall include and indicate the electric
transformer easement as needed by the City Electric Department.
3. The applicant shall consult city engineering for design
J considerations regarding development within public rights -of way
and shall obtain permits for any work or development within public
rights -of -way from the city streets and engineering department.
4. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
5. The sidewalk adjacent to Durant Avenue shall be eight (8) feet
in width.
6. The applicant shall relocate and underground all electrical,
telephone and cable television lines along vacated Dean Street
between Galena Street and Mill Street. The applicant shall also
construct new curb and gutter along the entire Lot 6 boundary on
Dean Street, a new sidewalk along the property boundary on Galena
7
0
Street, and a new sidewalk along the boundary on Durant Avenue and
Mill Street.
7. The applicant shall provide a guarantee for one hundred (100)
percent of the current estimated cost of the landscaping
improvements in the approved landscape plan as estimated by the
city engineer, except that twenty five (25) percent shall be
retained by the City until the improvements have been maintained
in a satisfactory condition for two (2) years.
8. The applicant shall provide a guarantee for one hundred (100)
percent of the current estimated cost of public improvements within
the public right-of-way to accomodate the development as estimated
by the city engineer.
Section 4: The City Council finds that the development meets the
1
standards of Article 8 of Chapter 24 of the Aspen Municipal Code
and does hereby grant Growth Management System Exemption for
Essential Public Facilities with the following conditions:
1. The applicant is required to mitigate for 2 employees in
connection with the ice rink and 1 employee in connection with the
concession area. The applicant shall deed restrict three rooms in
the Grand Aspen Hotel according to the Category 1 Price and Income
Guidelines established by the Aspen/Pitkin County Housing
Authority. At the time of redevelopment of the Grand Aspen Hotel,
the applicant shall provide comparable deed restricted replacement
housing for the 3 employees.
2. Prior to the issuance of any building permits, the applicant._
shall file an appropriate Deed Restriction with the Pitkin County
F:3
Clerk and Recorder for the housing mitigation described above and
the Deed Restriction language shall be approved by the Planning
Department and the Housing Authority.
Section 5: All material representations made by the applicant in
the application and during public meetings with the Planning
Commission and City Council shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
Section 6: The City Council finds that the PUD Agreement
specifically- states that Lot 6 (Ice Rink and Park) shall not be
assessed a Park Dedication Fee and no fee shall be required.
Section 7: The City Council finds that the applicant's water tap
1 fee waiver request does not meet the standards for a waiver under
i
Ordinance 90-8 (Series of 1990), and does hereby deny a waiver of
water tap fees.
Section 8: Within 180 days of approval by City Council, the PUD
Agreement, Final Development Plan and Amended Subdivision Plat must
be recorded with the Pitkin County Clerk and Recorder. Failure to
do so will render any approvals invalid unless an extension to
recordation is granted by City Council. The final development plan
shall consist of final drawings.depicting the site plan, landscape
plan, utility plan and building elevations.
Section 9: If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court or competent jurisdiction, such
provision and such holding shall not affect the validity of the
0
I
1 remaining portions thereof.
Section 10: This ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or preceeding
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: A public hearing on the Ordinance shall be held on the
ninth day of March, 1992 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the tenth day of February
1992.
A ST: Johh Bennett, Mayor
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this / day of
1992.
John gennett, Mayor
A ST•
Kathryn 2�7Koch, City Clerk
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TEMPORARY FACILITY
Due to the restriction of building, Planning & Zoning, and environmental health the
cablecar cannot be in place at the rink by December 27, 1993.
We do not feel that the Town of Aspen nor your company would like construction
commenced during the prime traffic period of the winter season. We would like to suggest that
the construction and move be done during the off-season (May —June, 1994) and be completed
and operating no later than June 30th, 1994.
In the interim, Moon Dogs will provide a completely "self contained" food and hot
drink cart (no utility hook-up necessary) to be operated during the hours that the rink will be
open beginning December 27, 1993.
The cart is 90" long by 30" wide by 78" high and is made of 100% stainless steel. This
unit will fit neatly into the existing alcove at Silver Circle without any alteration to the site.
It meets all standards for environmental health, and comes equipped with a flat grill, coffee and
hot drink machine, cold food and drink storage, soup and steam table, display cases, 10 gallon
fresh water tank and self-contained waste tank (see drawings, D, E, and photos 3 and 4).
The items offered for sale will be a reduced version of Moon Dogs present menu and
will consist of hamburgers, hot dogs, gyros, hot soups and stews, snacks, hot and cold drinks
and desserts.
We request that refrigerated storage, frozen storage and prep space be temporarily
provided at the Grand Aspen Hotel. Dry storage could be provided above the skate rental area
in the building adjacent to the site. "Grey water" will be properly disposed of at the location
to be agreed upon by environmental health.
This cart runs on liquid propane. If the Aspen Planning & Zoning Commission does
not accept liquid propane, then a natural gas hook-up would be necessary (costs to be covered
by Moon Dogs, Inc.). The cart is completely self-contained and secures easily, so it could be
kept on site during non -working hours, or easily rolled into the skate rental building.
We hope that this option meets your needs and will help secure a permanent location
for Moon Dogs Cable Car #45, supplying you with an excellent long term tenant that will
prove to be profitable to all parties involved.
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A Gourmet Fast Food Stand
THE SNACK WAGON
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• CECILWARE 24" griddle
• CECILWARE 12" charbroiler or short order stove
• Frankfurter stove with condiment and mustard pots
• Pretzel & knish warmer compartment
• Inside and outside display cases
• Hot and cold water system with sink, combination faucet,
towel and soap dispensers
A Soda cooler with top sliding door
e Cold storage compartment with side door
0 Storage drawer and outside storage compartment
• Stainless steel and plexiglas top enclosure with gas lift
canopy
• Heavy duty chassis and handles
• Two umbrellas
• Stainless steel body with options of oak or lexan panels
Body size: 74" long x 30" wide x 72" highr (floor to top)
Capacity: 500 Frankfurters and rolls
300 Hamburgers or Shish -kebab
350 cans of soda
This cart can be custom designed for a wide variety of foods.
Contact us for our complete line of carts and trucks.
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PUBLIC NOTICE
RE: SILVER CIRCLE ICE RINK CONDITIONAL USE REVIEW
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, December 21, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by Savanah Limited Partnership, 515 S. Galena St., Aspen,
CO, requesting approval of a Conditional Use Review for a food
service facility at the Silver Circle Ice Rink, which is located
on East Durant Avenue between Mill and Galena Streets, across from
the Rubey Park transit station, Aspen, CO; Lot 6, Aspen Mountain
PUD/Subdivision. For further information, contact Leslie Lamont
at the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO
920-5100.
s/Bruce Kerr, Chairman
Planning and Zoning Commission
Iq 3
LAW OFFICES OF
OArms, HU(,Hi+,,S & KNEZEVI('H
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN. COLORADO 81611
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
TED D GARDENSWARTZ
OF COUNSEL:
JOHN THOMAS KELLY
Ms. Diane Moore
Planning Director, City of Aspen
130 S. Galena Street
Aspen, CO 8161
Dear Ms. Moore:
December 9, 1993
t
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
We represent Savanah Limited Partnership, a District of Columbia Limited
Partnership ("Savanah"). In that capacity, we hereby certify that:
1. Savanah is the legal and record owner of Lot 6, Aspen Mountain
Subdivision.
2. Savanah has authorized the preparation of the attached conditional use
application for a food service facility for the Ice Rink on Lot 6 of the Aspen Mountain
PUD/Subdivision. During the processing of this application, Savanah will be represented by
Ferdinand Belz and Joseph Wells.
Please contact Ferd or Joe if you have any questions.
RWH/tu
savanah\1trs\cnoorc
CH, P.C.
Joseph Wells
Joseph Wells, AICP
Land Planning and Design
December 8, 1993
Ms. Leslie Lamont
City of Aspen Planning Office
130 S. Galena Street
Aspen, CO 81611
Dear Leslie:
DEC 49 IN
My letter is to request, on behalf of Savanah Limited Partnership, approval by
the Aspen Planning and Zoning Commission of the attached conditional use
application for a food service facility for the Ice Rink on Lot 6 of the Aspen
Mountain PUD/Subdivision.
Please review this application and let me know if you need additional
information in order to schedule the application for review by the P&Z on
their December 21 agenda.
AICP
602 Midland Park Place
Aspen, Colorado 81611
Telephone (303) 925-8080
Facsimile (303) 925-8275
LAW OFFICES OF
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR. ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN. COLORADO 81611
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
TED D. GARDENSWARTZ
OF COUNSEL:
JOHN THOMAS KELLY
HAND DELIVERY
Edward M. Caswall, Esq.
Aspen City Attorney
130 South Galena
Aspen, Colorado 81611
JUL
Gl .
July 23, 1993 CI
RE: Lot 6 - Ice Rink and Park
Dear Jed:
,. AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Enclosed herewith for your files is the original Dedication of Real Property to
Employee Housing Restrictions and Guidelines recorded in Book 716 at Pages 679, et seq. of
the Pitkin County, Colorado real property records.
Sincerely,
OATES, HUGHES & KNEZEVICH, P.C.
By:
Robert W . Hughes -
RWH/tu
Enclosure
saYemhuurs\casw&U. W
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#358416 i i7 / _ ,?3 16 : i 7 Rec $1 5 . iiU Bk:: ?';
Silvia Davis, PiU--An Cnty Cler-k:, Doc
1. Each of the Units shall be and hereby is restricted exclusively in terms
of use, occupancy and rental to the Category 1 Price and Income Guidelines established, from
time to time, by the Aspen/Pitkin County Housing Authority (the "Housing Authority").
2. Verification of employment and income levels for the individuals who
occupy the Units shall be completed and filed with the Housing Authority, prior to and as a
condition of each employee's occupancy of a Unit;
3. Employees of Owner or of the owner or operator of the Hotel
constructed on Lot 1 of the PUD shall be given the first right to occupy the Units and, if so
employed, shall be entitled to occupy the Units notwithstanding that their individual income
levels may exceed Category 1 income levels, provided that, in all events, they shall not be
charged for such occupancy more than the maximum rent allowed for Category 1 housing.
4. In all other respects, the Units shall not be occupied by other than
Qualified Employees limited to those persons residing and employed in the City of Aspen or
the County of Pitkin for a minimum average of 30 hours per week, nine months out of anv
12 month period, who meet Category 1 income and occupancy eligibility requirements from
time to time in effect, duly adopted and regularly and uniformly applied by the Housing
Authority.
5. Nothing in this employee housing restriction contained shall preclude
or interfere with or be construed as precluding or interfering with the right o; Savanah.
hereby reserved, to demolish or with the demolition of the Grand Aspen Hotel pursuant to
provision therefor made in the PUD Agreement; provided that, at such time as the Grand
Aspen Hotel is demolished, Savanah will substitute for the Units other comparable property
acceptable to the City for housing three employees and similarly burdened as employee
housing.
6. The dedication and covenants contained herein shall be deemed a burden
upon and to run with the title to the Units and the foregoing described real property, shall be
binding upon the Owner and its successors and assigns, and upon all other persons or entities
having any right, title or interest in or to the Units or such property, or any part thereof, and
shall inure to the benefit of and be specifically enforceable by the City of Aspen or the
Housing Authority by any appropriate legal action, including injunction, abatement or eviction
of non -complying tenancies, all for a period of fifty (50) years from the date of recording
hereof in the Pitkin County, Colorado real property records, subject to the foregoing
described reserved right of demolition.
7. Neither this dedication nor any of the covenants contained herein shall
be modified, released or waived in any respect except by written instrument executed by both
the Owner or its successors or assigns, and the City of Aspen, Colorado, and duly recorded
in the Pitkin County, Colorado real property records.
2
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i� Rec s15,i_oj 16
/p1 /9:� 16: �.00
#358416 �,it4_in Cnty Clerk:,
Silvia Davis,
DEDICATION OF REAL PROPERTY TO
EMPLOYEE HOUSING RESTRICTIONS AND GUIDELINES
(Rooms Within Grand Aspen Hotel)
THIS DEDICATION is made and entered into as of the 1st day of July, 1993, by
Savanah Limited Partnership, a District of Columbia limited partnership ("Owner"), with
reference to the following:
WITNESSETH:
WHEREAS, Owner is the record owner of the following described real property
situated in the City of Aspen, Pitkin County, Colorado, to wit:
Rooms 181, 182 and 183 within the Grand Aspen Hotel (the
"Units") situate on Lots M, N, O, P, Q, R and S, Block 91,
City and Townsite of Aspen, and Lots 1, 2 and 3, Block 1,
Anthony Acres Subdivision (the foregoing described property
also comprising a part of Lot 5 of the First Amended Plat of the
Aspen Mountain Subdivision and Planned Unit Development
(the "PUD") as shown on the Plat thereof recorded in Book 21
at Pages 35 et seq. of the Pitkin County, Colorado real property
records
WHEREAS, pursuant to the provisions of and for the reasons more particularly set
forth in that certain Amendment to the First Amended and Restated Planned Unit
Development/Subdivision Agreement -- Aspen Mountain Subdivision recorded in Book 574
at Pages 792, et seq. (the "PUD Agreement") of the Pitkin County, Colorado real property
records which Amendment (herein so-called) pertains to the development of the Ice Rink and
Park on Lot 6 of the PUD ("Lot 6") and has been recorded in Book at Page
of said records. Owner is required to deed restrict three rooms in the Grand Aspen Hotel to
Employee Housing purposes as a condition to the issuance of any building permit for the
development of Lot 6; and
WHEREAS, Owner desires by this instrument to dedicate the Units to specific
employee housing restrictions and guidelines.
NOW, THEREFORE, for and in consideration of the issuance simultaneously with
the execution hereof of a building permit for the development of Lot 6, and pursuant to the
Amendment, Owner hereby declares, covenants and agrees that until such time as the Grand
Aspen Hotel shall be demolished as provision therefor is made in the PUD Agreement:
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611 1 ;7�
(303)920-5090
LAND USE APPLICATION FEES
CITY:
($2-Y,2 -00�
461-15
-63250-134 GMP/Conceptual
-63270-136 GMP/Final
-63280-137 SUB/Conceptual
-63300-139 SUB/Final
-63310-140 All-2 Step Applications
-63320-141 All 1 Step Applications '
-63330-150 Staff Approval
-63432-157 Zoning Plan Check
-63432-157 Sign Permit
-00100-00000-31070 Use Tax for Sign Permits
HISTORIC PRESERVATION: a
-63335-151 Exemption
s
-63336-152 Minor
-63337-153 Major Devel.
-63338-154 Signif. Devel.
-63339-155 Demolition
COUNTY:
-63160-126 GMP/General
-63170-127 GMP/Detailed
-63180-128 GMP/Final
-63190-129 SUB/General
-63200-130 SUB/Detailed
-63210-131 SUB/Final
-63220-132 All 2 Step Applications
-63230-133 All 1 Step Applications
-63240-149 Staff Approval
-63450-146 Board of Adjustment
-63235-148 Zoning Plan Check -
REFERRAL FEES:
-63360-143 Engineering - County
or
00115-63340-163 Engineering - City
00123-63340-190 Housing
00125-63340-205 Environmental Health -�
PLANNING OFFICE SALES:
-63080-122 County Code
-69000-145 Other (Copy Fees)
TOTAL n o 00
Name: �Phone:
c ' SAddress: S J 'Q`S^ Project e G"
Check #: Date: — - No of Copies: /, /