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HomeMy WebLinkAboutLand Use Case.CU.433 E Durant Ave.A69-93SUMMARY SHEET i of Aspen DATE RECEIVED: 12 08 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 �L Z) PUBLIC HEARIN YES NO VESTED RIGHTS NO CC Meeting Date DRC Meeting Date REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning DATE REFERRED: FINAL ROUTING: City Atty Housing PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center INITIALS: DATE ROUTED: School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DUE: ITIAL; City Engineer _Zoning _Env. Health Open Space _ other: FILE STATUS AND LOCATION: v, 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 -x� 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 Office. 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: Jane Carney, Deputy City Clerk 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. 2 -2- 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 V 0 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 4 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: "L 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 1 � 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 I b 4 1! d Y v r,y oil �� x6 a,Rrtl9 vy° R m Rai "7 �Qf tl W e 7�Y y.i 6�FI� 5 O $i r` :a2�69i I W I � W r r DURANT C -- F P O f N e DURANT oP i` C -- F P f _ g F 4fyy� Rs all. 16 IF' pp ra8 Er Cy y4 J'i bl �itjj ..,p i i its 1 J t SUMMIT ST y66p11y jfy1 e0 I SHARK ST� e — — 3 aF[t -_ - --------- ST oil oP i` _ r > .S q S A u f aile�'e P p g ,r shill L_ ;lops 4 AVENUE "� �. 0 � �,9e � � ' k.. a '" � r D¢6F: }5 :13i3P1u .� C -- F P f _ g F 4fyy� 16 IF' �- Er Cy y4 J'i bl �itjj ..,p y66p11y jfy1 _ r > .S q S A u f aile�'e P p g ,r shill L_ ;lops 4 AVENUE "� �. 0 � �,9e � � ' k.. a '" � r D¢6F: }5 :13i3P1u .� - -- F f _ r > .S q S A u f aile�'e P p g ,r shill L_ ;lops 4 AVENUE "� �. 0 � �,9e � � ' k.. a '" � r D¢6F: }5 :13i3P1u .� F w F y o` z _ 0 L_ E s' y II E 'g --- - - - - -- Ot i se IS IN y e3 all .E 1 — — — _ — �� I C I I n ss L 133HIS VV37Y3 .40 6 �8� MIR C O a TIM „ s C-4 �N e BE 19 t?�'a t�Cek aE �i es s3 a.z e33`E = Ogg]]€ b & o F w F y o` z _ 0 L_ E s' y II E 'g --- - - - - -- Ot i se IS IN y e3 all .E 1 — — — _ — �� I C I I n ss L 133HIS VV37Y3 .40 6 �8� MIR mu& ►D C O a iy cd „ s �N e BE 19 t?�'a t�Cek aE �i es s3 a.z e33`E = Ogg]]€ b & o mu& ►D nE P' aE �i es mu& ►D 1 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 received Conceptual approval with conditions from the Aspen City Council in July of 1990; and WHEREAS, the Savanah Limited Partnership submitted to the Planning a Office on September 25, 1991, a Final PUD Development Plan f application for the development of an Ice Rink and Park on Lot 6, i 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 maintenance building, and Special Review for parking in the Park A 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 Jproperty become an Ice Rink and Park; and 1 I WHEREAS, referral comments were received from the Engineering Department, Water Department, Parks Department, Environmental Health Department, Ice Garden, and the Aspen /Pitkin County Housing Authority; and 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 J (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 E NZ 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 090 -8, Series of 1990, whereby tap fees are only waived for 100% 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. NOWt THERFOREe BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 1 ASPEXp 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 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) 12!, 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 jbe 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. 1 `i S. The ice rink /park shall be open during the hours of 10 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 11 ) 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 should, 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 (S) 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 0 lb 4 +� 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 10 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 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. q. 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 l 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 i 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 Jshall file an appropriate Deed Restriction with the Pitkin County J 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 fee waiver request does not meet the standards for a waiver under Ordinance 90 -8 (Series of 1990), and doqs 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 \% 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. Zszg : Kathryn Koch, City Clerk . ;0/ �3 JohA Bennett, Mayor INALLY, adopted, passed and approved this / 3 day of 1992. a� John Sennett, Mayor A gST• Kathryn Koch, City Clerk jtdm:aspen.winter.ord. to C'� 517; CRILWIP03MD PETROLEUM COMPANY J401 EAST OCEAN BOULEVARD 6 LONG BEACH, CALIFORNIA sosos TN;LlaPHONE W -7484 AREA CODE SIO �7�an /, .�'�.►y be 2d��� Car�,w�ls3�a�f On zM 4,4 4 OF All 9wh<r5 T% p p l c /1, n cs►, -P o+1 :n i 4 m-s qL4a�r-�tivf 7% A4 Nk D ka k 01r e /Ok 'o L;4,-y C,v T 6c � •'wP v -1 S � s, tv < 4%v e i +l61 T "w--cX 4 bJ ' t a e ,., �� 45 1 ri�� b`77�rt� �„o +�y /s k, 9-6 ,ay �oa� S+#^rlce '4ro- VlaLm.( ivA>,a cf s,wp /Q 4A c4„,c,1%*Aj ireti.,,(g -C o jr �..,-fl1 ,4s AI'ou�043. � 7"7 �"✓ � � 0 ►,S� e- P-k OdRrgffo w41&:A 1s §s„e /h stu Y I� 3J4p✓/IN of I•Weiv G E ..$. b.� tAt r it r, ., k 47 ON Y`�a sahS l+t •4rcam.{/ 1"s Its 4 ve/vA ►^ryk c,/4 s ew J .�rAlp -3 -- nnl -ll, TPple" "� M.�►,fsrh c~ 5P a �► . �s +-o� t4 9r c t+W- ?q\.P V s "1'�c-E~ CS !'lam -4+i� r4 kaaQ .3'f{�To*a 1rmii' �ra�,s �► �'7�c �% Sr 4-04 SAC"V w vl L � L410 PYUbim�, w��-l� Y�l�.erlr�wfo►"s q ^./ S' ff'c halt viceq G. S !`� �'�R'1 ��• Il��a �f�• .�er 9 S(�l0/'1 ¢A VnS,CJ o 54 at ss., �yvk.I�+ q �ltiGitO aJU4 CX+e -(t ✓Q� �rti�fE.s `♦ k e /f I? s ".-e <e+,c.,a//.� -� i- �i.� -� �-�c nar6y r�wk�,, -Food S��v�•e W ! �% G..�•�� �7 rf U CC •�'. -5 S o w' �►- 7Q v � Q-•� � r Mr�c .._ -4 ----o • v N a 0 h rc� C O • C 101 I \ `` pW �OJ Y Vl p� H F E_ s w o" a_ a E� Dt. 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. it A Gourmet Fast Food Stand } i THE SNACK WAGON .. a complete mobile FAST FOOD VgNDOR - ff �AMIC Ca s" C ;, der': r Ho +Ch, oc. Su n►SKes - ck Juke j - d%eslew s - Iii S _ • 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 s Soda cooler with top sliding door ® Cold storage compartment with side door Storage drawer and outside storage compartment • Stainless steel `and plexiglas top enclosure with gas lift canopy i Heavy duty chassis and handles • Two umbrellas 0 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. N W V- z 0 L7 M W / O z_ 3 �o O N X W a < U O W 0 W 00 ri U o O C U [ 00 o O c 0 00 a o < 0 O y OO 0 E 0 L F n LJ o m 0_ 00 a °- o O N y� OO u u u cri Id n u u o u �m N I x uu 0- O m0 <F- O ❑ OZ UO 0 N u L 0 u- U L UCH O A / N \ N L �N 0 N pa 0L0 uo0 N r 0 J I Q z X L � J r 4 O -'T d 555 9 J > W c�a < ?o= 3 � S lfiuUl > N W V- z 0 L7 M W / O z_ 3 �o O N X W a < U O W 0 W 00 ri U o O C U [ 00 o O c 0 00 a o < 0 O y OO 0 E 0 L F n LJ o m 0_ 00 a °- o O N y� OO u u u cri Id n u u o u �m N I x uu 0- O m0 <F- O ❑ OZ UO 0 N u L 0 u- U L UCH O A / N \ N L �N 0 N pa 0L0 uo0 N r 0 J I Q z X L � J r 4 O d 555 9 � � S ik 0 0 s! '' I1 rn"!ft 5 �.1 �l ,r- elm& Yf ,,,ii :w t C 6.,. rr- m --4jol Y if A N 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 C'c�e eG (�1e E Pia I zI � I q 3 s-A 64.✓ -w LAW OFFICES OF OATES, HUGHES & KNEZEVICII 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 I: AREA CODE 303 TELEPHONE 920 -1200 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. 1971 0 RWH /tu uvenshU rs'dn re , P.C. A 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: 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. Wells, 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 ,��' ���, ///�JJJ1 ��,1��I/777[��ppp���r�)))/ S C', I S� LEONARD M. OATES 1. yt — J - ROBERT W. HUGHES IJr'l']11L1 \7 RICHARD A. KNEZEVICH TED D. GARDENSWARTZ `JUL Ij jF OF COUNSEL: e J JOHN THOMAS KELLY July 23, 1993 C11 ' r HAND DELIVERY Edward M. Caswall, Esq. Aspen City Attorney 130 South Galena Aspen, Colorado 81611 RE: Lot 6 - Ice Rink and Park Dear Jed: AREA CODE 303 TELEPHONE 820 -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. Robert W. Hughes r2� RWH/tu Enclosure .RYBD.11\1D ;\Du;w2u.m { j i 16 P6 679 - /U1/93 160' Fy 11r. i <Do i i� Sij,/j 6 Fitkin Cnty Clerk:, Silvia Davie, 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: #358416 07/',.- rI� 3 16: U7 Fec $15-00 Ek:: 7iG 680 Silvia Davis, Fitkin Cnty Clerk, Doc g.p, 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 of 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. 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