HomeMy WebLinkAboutLand Use Case.CU.400 E Durant Ave.0024.2010.ASLU0024.2010.ASLU 400 E. DURANT
2737 18 2 85 M CONDITIONAL USE REVIEW
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THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
I,I_\0,1011::7
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0024.2010.ASLU
2737 18 2 85 006
400 E. DURANT AVE
DREW ALEXANDER
CONDITIONAL USE REVIEW.
ASPEN MOUNTAIN
12.09.10
CLOSED BY ANGELA SCOREY ON: 12.09.10
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Page 1 of 1
J�il 1,�. ti�I1\
Janice K. Vos Caudill
Clerk and Recorder
530 East Main Street
Aspen, CO 81611
(970) 429-2707
www.PitkinClerk.ora
Pitkin County Transaction #: 25818
Receipt #: 201003304
Cashier Date: 6/8/2010 10:09:04 AM
(LDEAN)
IIIIII IIIII IIIII IIIII IIIII IIII IIII
Print Date:
6/8/2010 10:09:08
AM
Customer Information
Transaction Information
Payment Summary
DateReceived: 06/08/2010
Source Code: Over the
Counter
(ASPCIT) ASPEN CITY OF
Q Code: Over the
Counter
Total Fees $46.00
ATTN CITY CLERK
Over the
Total Payments $46.00
Return Code:
Counter
Trans Type: Recording
Agent Ref
Num:
1 Payments
$46.00
P v CHECK 7
1 Recorded Items
L BK/PG: 0/0 Reception: 5 70362 Date:6/8/2010
40 (PUD) PLANNED UNIT 10:09:01 AM
DEVELOPMENT From: To:
Recording @ $6 for 1 pg and $5 for 2 or more pgs 9 $46.00
$1 Surcharge
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file:HC:\Program Files\RecordingModule\default.htm 6/8/2010
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO
County of Pitkin
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ss.
�C-C- LI-1k
I, e ', -MAr, cDCp.( (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this /Lf day
of,—hA r` C , 2040, by ��'�'�`� o� 45GU-Ir�
EAPPROVA �b1ic °f and
Notice �s DE_�9 11
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the Land U5e Go lio a R descnbed P °P�steseo.
evrsed ertY
p4. Ad�clelOBpwm9 end Subdivrsi S.�IverPCdY
�g Aspen MOuntai comet°^lY City of Aspen COmmuThe
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WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
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
1 Council in July of 1990; and
WHEREAS, the Savanah Limited. Partnership submitted to the Planning
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
maintenance building, and Special Review for parking in the Park
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
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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
(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 fin�:i1 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
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 #90-8, 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.
t' NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
J
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
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 (Bo,Dk 624,
Page 52), all special events to be conducted on Lot 6 that excl,:,de
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.
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8. 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
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 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 (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
C.1
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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.
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
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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
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
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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
E
1 remaining portions thereof.
Section 10: This ordinance shall not effect any ekisting 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: Johti Bennett, Mayor
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this / day of
1992. P, ��
John gennett, Mayor
A 4ST -
Kathryn Koch, City Clerk
jtdm:aspen.winter.ord.
10
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t.� 41 •� �� 7 C Y
@z?�996 06/23/90 13: ;t4 Rec 4 10, iti> Bt' 624 PG 51
Silvia Davis, Pitkin Cnty Clerk, Dac ?.Op
1
s• DEC LAR A3J_QNOF RFSTRICTIVF COVENANT
LOT 6, ASPEN MOUNTAIN SUBDIVISION AND
PLANNED UNIT DEVELOPMENT
KNOW ALL MEN BY THESE PRESENTS that:
SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited
partnership ('Savanah'), the owner of "t 6 of the Aspen Mountain Subdivision and Planned
Unit Development according to the First Amended Plat of the Aspen Mountain Subdivision
recorded in Plat Book 21 at Pages 35, gI eXq., of the Pitkin County, Colorado real property
records ("Lot 6"), hereby publishes and declares that in consideration of the approvals to it
granted in and by the First Amended and Restated Planned Unit Development/Subdivision
Agreement - Aspen Mountain Subdivision, recorded in Book 574 at Pages 792, gl ., of the
Pilkin County, Colorado real property records ("PUD Agreement"), and pursuant thereto, the
following shall run with Lot 6, shall be a burden thereupon, as well as upon Savanah, its
successors, grantees and assigns, and any other party acquiring any manner of record interest
in Lot 6, and shall inure to the benefit of and be specifically enforceable by the City of Aspen
("City") by any and all appropriate means, including mandatory injunctive relief, to wit:
Until otherwise specifically consented to by the City, the use of
j Lot 6 shall be limited to a community activity center and public ice
skating rink meeting such dimensional and design constraints and
incorporating such accessory uses as may be approved by the City,
from time to time, during site specific review by the City of land
use approvals for Lot 6, all pursuant to and as is provided for in
the PUD Agreement.
Unless sooner released by the City by an instrument in writing placed of record in the Pitkin
County Colorado real property records, this covenant shall remain in full force and effect for
the period of the life of the longest living member of the presently constituted Aspen City
I Council and his or her now living heirs plus twenty-one years, or for a period of fifty years,
whichever period is greater.
-t,,L IN W1TNF S WHEREOF, this Covenant has been published and declared as
of the day of , 1990.
SAVANAH LIAIITED PARTNERSHIP, a
District of Columbia limited partnership
By: 1001, Inc., District of Columbia
corporation, i General Partner
By:
Moharged A. Hadid, President
(Notarial Clause on Page 2, following)
:�_i. S ': :Git / irr f+��,�'%�• t;�.`i}�31 ,�. s+�;q�-t, } �r`tis' '��
..•���::����-x..fig.►��h����a���f��s��t�i:�:�,��... ..�� ��r'���`��.�%�t����-• �x����,�s�.�� e<�, ��,�1 •i;q, �.
Ilk #323976 06/29/90 13;24 Rec $10.0(, Bl,, 624 PG 52
Silvia Davis, Pitt -in Cnty Cler1;, Doc $.00
STATE OF%tAR�LAND )
,// ) ss.
COUNTY OFM_ ti to btj)
The foregoing instrument was acknowledged before me this a -day of
t} _, 1990, by SAVANAH LIMITED PARTNERSHIP, a District of Columbia
limited partnership, by 1001, Inc., a District of Columbia corporation, its General Partner, by
Mohamed A. Hadid, as President.
.............
Kok WITNESS my hand and official
My commission expires;
s �p011+t�,•= s;
•i- . Notary Public
�'doaslcavenant.6
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vacation ownership
N/tav 24, 2010
Ms. Jessica Garrow
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Renovations at Hyatt Grand Aspen
Dear Ms. Garrow:
Stewart Vacation Ownership
10637 Woodchase Cir., Orlando, FL 328 36
Tele. 407-902-8256
The G.A. Resort Condominium Association, Inc. is the owner of record according to the
Special Warranty Deed at Reception #518732 for the property located at 415 E. Dean
Street, Aspen, Colorado and having the following legal description:
LOT 6, ASPEN MOUNTAIN SUBDIVISION, ACCORDING TO THE SEVENTH
AMENDED PLAT OF ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT
DEVELOPMENT RECORDED FEBRUARY 9,1993 IN PLAT BOOK 30 AT PAGE 69,
COUNTY OF P1TK1N, STATE OF COLORADO
The property was submitted to the condominium form of ownership under the
Declaration of Condominium recorded December 19, 2005 at Reception #518621 in the
official records of Pitkin County, Colorado.
Sincerely,
Jeanine Wells
Stewart Vacation Ownership
10637 Woodchase Circle
Orlando, FL 32836
407-902-8256
Lisa Bailey ff,) set
Vick Pi c•�JenFCot»pli;aue,
Clr>i ip & t.tktn ,ldmim,.At anon
Hyatt Varation ownership. Inc.
l t) C• rilh n I'ark%vav, Stutt• 21:1
St PMCI-�`.)WA, Flrrlda
Ic:,
May 24, 2010
Ms. Jessica Garrow
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Renovations at Hyatt Grand Aspen
Dear Ms. Garrow:
Hyatt Vacation Management Corporation, Inc. (hereafter "Hyatt") is manager of the
G.A. Resort Condominium Association, Inc., (hereafter "Association") which is the
owner of the property located at 415 E. Dean Street, Aspen, Colorado and having the
following legal description:
LOT 6, ASPEN MOUNTAIN SUBDIVISION, ACCORDING TO THE SEVENTH
AMENDED PLAT OF ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT
DEVELOPMENT RECORDED FEBRUARY 9,1993 IN PLAT BOOK 30 AT PAGE 69,
COUNTY OF PITKIN, STATE OF COLORADO
Hyatt on behalf of the Association leases the portion of the property known as Silver
Circle Ice Rink Grounds to CP Burger, LLC. The lease grants to CP Burger, LLC the
right to operate a casual eatery on the property and make all necessary improvements
thereto.
Sincerely,
(,-�
Lisa Bailey Trosset
Vice President - Compliance
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`CP- BURGER'
LOT 6 ICE RINK
ASPEN MOUNTIAN SUBDIVISION
AMENDMENT TO A CONDITIONAL USE REVIEW
INSUBSTANTIAL PUD AMENDMENT
MAY 25, 2010
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CONTENTS OF APPLICATION
attachment 1 LAND USE SUMMARY LETTER
•PRE -APPLICATION CONFERENCE SUMMARY
*FEE AGREEMENT
*LAND USE APPLICATION
•DIMENSIONAL REQUIREMENTS
attachment 2 STREET ADDRESS/LEGAL DESRIPTION
attachment 3 DISCLOSURE OF OWNERSHIP
attachment 4 VICINITY MAP
attachment 6 SITE PLAN
attachment 9 PROPOSED ELEVATION PHOTOGRAPHS
attachment 10 EXISTING SKATE SHOP FLOOR PLAN
attachment 12 PROPOSED CONCESSION FLOOR PLAN
attachment 13 ORDINANCE # 12 (series of 1992)
attachment 14 RESOLUTION NO. 93.35
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Jessica Garrow, 970.429.2780,
Claude Salter, 970.429.2752
Food vending at Hyatt Ice Rink
Amos Underwood
Hyatt Grand Aspen?
Amendment to a Conditional
Amendment
DATE: 5/21 /2010
Use Review and an Insubstantial PUD
DESCRIPTION:
The applicant is interested in opening a concession stand at the Hyatt Ice Rink (Silver City Ice Rink). Ordinance
12, Series of 1992 approved changes to the Ice Rink, including the ability to operate food vending out of the
Concession Area. The Ordinance states that all affordable housing mitigation has been provided for the
concession area, and also requires that a Conditional Use Review be conducted before operations begin.
In 1993, a conditional use review was approved for a restaurant to operate on the property by P8Z Resolution 35,
Series of 1993. A new operation can be reviewed as an Amendment to a previous Conditional Use approval. The
operation must comply with the eoriditions in Ordinance 12, Series of 19W and with P8Z Resolution 35, Series of
190. SpecAcaty, no it than 25 seats may be provided for the restaurant operation, and the building on site
must still have the ability to be used as a skate rental facility.
An arrarrded plat ryas fed in 1993 at Book 30 Page 69 that illustrated where the concession area was to be
tocaiad The cum t aory kx of the we rink property does not correspond to the Plat A PUD Amendment is
needed to memaria lme the as -built station.
Consent by#* property owner is required for the appik abon.
Below is a fink to the Land Use appication F=JxWCVnM1=1A6=-
http://www.aspe pitkin.com/pdfs/depts/41 /land useappform. pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.426.080 Insubstantial Amendment to a Conditional Use Review
26.445.100 Insubstantial PUD I - w Wrrrent
Review by:
Community Development Staff
Public Hearing: No
Plaming Fees: Minor Aypkahon: $735 for Community Development and Planning and
Zoning Commission review. This includes thnee, (3) hours of staff tirne.
Additional staff hours, if needed, wig be billed at SM per hmff.
Total Deposit (PS z): $746
Total Number of Copies: 2
To apply, subart the JoHowing information
•
Q Total Deposit for review of application.
0 Pre -application Conference Summary.
O Applicant's name, address and telephone number, contained within a letter signed by the
applicant stating the name, address, and telephone number of the representative authorized to
act on behalf of the applicant.
CD Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to
practice in the State of Colorado, listing the names of all owners of the property, and all
mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
0 A site plan depicting the proposed layout and the project's physical relationship to the land and
its surroundings.
F—I Completed Land Use application and signed fee agreement.
p An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
Q A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application
O Elevation drawings or "before and after" photographs/drawings simulating and specifying the
location and design of the operation.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not
be accurate. The summary does not create a legal or vested right.
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and CRAIG CORDTS-PEARCE
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
CP BURGER LLC
(hereinafter, THE PROJECT).
2 APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
S. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 745.00 which is for 3 hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have be6ibaid.
CITY OF ASPEN APPLICANT
By:
Bi
Chris Bendon
Community Development Director Date:
CP.AIG COR11TS-PEARCE
MAY 24 2010
Billing Address and Telephone Number:
CRAIG CORDTS-PEARCE
316 EAST HOPKINS
ASPEN COLORADO 81611
9?0.309.0060
ATTACHMENT 2 -LAND USE APPLICATION
'ROJECT:
Name: CP BURGER LLC
Location: 400 E . DURANT STREET LOT 6 ICE RINK ASPEN MOUNTIAN SUB
(indicate street address. lot & block number, legal description where appropriate)
Parcel ID # (REQUIRED) 273718285006
APPLICANT:
Name: GA RESORT CONDO ASSOC C/O VIC GIANNELLI
Address: 415 E . DEAN ST . ASPEN COLORADO 81611
Phone #: 970.429 .9106
REPRESENTATIVE:
Name: CRAIG CORDT-PEARCE
Address: 316 E . HOPKINS ASPEN COLORADO 81611
Phone#: 970.309.0060
TYPE OF APPLICATION: (please check all that apply):
❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use
❑ GMQS Allotment ❑ Final PUD ( PUD Amendment) ❑ Text/Map Amendment
❑ Special Review ❑ ❑ Conceptual SPA
❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA
Margin, Hallam Lake Bluff, condominiumi7ation) Amendment)
Mountain View Plane
❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/
Expansion
❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other:
❑ Conditional Use fi
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.
1,364 s.f. building used as ice skate rental shop and warming area
Ice rink chiller located in attic above, 1,095 s. . zam oni storage
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
no change to building footprint, addition of commercial kitchen space
skate shop and rental area is moved to empty bay in zamboni garage.
Have you attached the following? FEES DUE: S
] Pre -Application Conference Summary
] Attachment #1, Signed Fee Agreement
] Response to Attachment 43, Dimensional Requirements Form
] Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
] 3-D Model for large project
All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text
Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an
lectronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model.
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: CP
BURGER LLC
Applicant: CRAIG CORDTS—PEARCE
Location: 400
E . DURANT STREET
Zone District:
( ) PARK
Lot Size:
27,080 S.F.
—
Lot Area:
(for the purposes of calculating Floor Area, Lot Area
may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing.-_ _Proposed.
Number of residential units: Existing:__ Proposed.
Number of bedrooms:
Existing:_ _ _Proposed: _
_
Proposed % of demolition
(Historic properties only):
DIMENSIONS:
Floor Area:
Existing: Allowable:
Proposed.•_
Principal bldg. height:
Existing: Allowable: __Proposed:_
Access. bldg. height:
Existing:_ Allowable:
Proposed. _
On -Site parking:
Existing: __ _Required:
Proposed:
% Site coverage:
Existing: _Required:
Proposed:
% Open Space:
Existing: ire&
Proposed:
Front Setback:
Existing.-__
ired
N
Proposed:Rear
Setback:
Existing:
i d:
Proposed:
Combined F/R:
Existing:— ___ _ ---Required:_
Proposed.
Side Setback:
Existing: _Required:_
_Proposed:
Side Setback:
Existing: _Required:
Proposed.
Combined Sides:
Existing: _Required:
Proposed:
Distance Between
Existing Required:
Proposed.
Buildings
Existing non -conformities or encroachments: N/A
Variations requested: N/A
STREET ADDRESS & LEGAL DESCRIPTION
STREET ADDRESS:
LEGAL DESCRIPTION:
PARCEL ID #
attachment 2
400 DURANT STREET
ASPEN COLORADO 81611
SUBDIVISION: ASPEN MOUNTAIN
LOT: 6 ICE RINK
2737-182-85-006
0
•
0
A S P E N
May 20, 2010
To Whom It May Concern:
This is to inform you that Craig Cordts-Pearce of CP Burger has signed a lease with the
Hyatt Grand Aspen to renovate and operate the Silver Circle Ice Rink.
We have reviewed and approved his plans for the renovation and construction to take
place at the site.
All permits and insurance are to be obtained and paid for by Mr. Cordts-Pearce as they
relate to this project. Any issues that may arise due to the renovation/construction should
be directed to Mr. Cordts-Pearce but copied to the Hyatt Grand Aspen, c/o Vic A.
Giannelli, Resort Manager.
If there are any questions please call my direct line, 970-429-9106.
Thank you,
Vic . iannelli
',,;-�esort Manager
VICINITY MAP
've
Ct
DWRMAye
CP BURGER'
C 61 Jt
attachment 4
0 0
WEST ELEVATION - NO CHANGE
EAST ELEVATION - NO CHANGE
attach @ad 9
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 IINIT 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
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
maintenance building, and Special Review for parking in the Park
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
property become an Ice Rink and Park; and
1
..ram
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 #90-8, 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.
NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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
f8. 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
yY 5
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.
-w
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.
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
4p
7
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 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
9
rr 0
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-, .7
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.
tion #93-
11 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:
i
?Y
Jane' Carney,
Deputy City Clerk
Planning and Zoning Commission:
W. Bruce Kerr,
Chair
Li<<� ISail� Y ir,xset
l a:�a,l c &Lien ,\d in.>tt. l nn
11vatt Va,ation Owner;hip Inc
450 Gm :, V, i , a . Stnlc 21;'
Tel: `2','1'Kt.' y-ly"
May 24, 2010
Ms. Jessica Garrow
City of Aspen
130 S. Galena St.
Aspen, CO 81611
Re: Renovations at Hyatt Grand Aspen
Dear Ms. Garrow:
Hyatt Vacation Management Corporation, Inc. (hereafter "Hyatt") is manager of the
G.A. Resort Condominium Association, Inc., (hereafter "Association") which is the
owner of the property located at 415 E. Dean Street, Aspen, Colorado and having the
following legal description:
LOT 6, ASPEN MOUNTAIN SUBDIVISION, ACCORDING TO THE SEVENTH
AMENDED PLAT OF ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT
DEVELOPMENT RECORDED FEBRUARY 9,1993 IN PLAT BOOK 30 AT PAGE 69,
COUNTY OF PITKIN, STATE OF COLORADO
Hyatt on behalf of the Association leases the portion of the property known as Silver
Circle Ice Rink Grounds to CP Burger, LLC. The lease grants to CP Burger, LLC the
right to operate a casual eatery on the property and make all necessary improvements
thereto.
Sincerely,
Lisa Bailey Trosset
Vice President - Compliance
DEAN STREET
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ASPEN MOUNTAIN PUD/SUBDMSION L--LL
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RECEPTION#: 570362, 06/08/2010 at
10:09:01 AM, 0
1 OF 9. R $46.00 Doc Code PUD
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
For Insubstantial PUD Amendment and an Insubstantial Amendment to a
Conditional Use at 415 E Dean Street, Legally Described as Lot 6, Aspen Mountain
Subdivision and PUD, Aspen, CO
Parcel ID No. 2737-182-85-006
APPLICANT: Craig Cordts-Pearce, CP Burger LLC
OWNER: GA Resort Condo Association
SUBJECT & SITE OF AMENDMENT: Amendment to a PUD and Conditional Use
Review for Lot 6 Aspen Mountain Subdivision and PUD, commonly known as 451 E
Dean and the Silver City Ice Rink, involving the relocation of an approved concession
area to the existing building. The applicant is requesting an Insubstantial PUD
Amendment, pursuant to Land Use Code Section 26.445.100.A, and an Amendment to a
Conditional Use Approval, pursuant to Land Use Code Section 26.425.080.A.
SUMMARY:
The Applicant has requested an Insubstantial PUD Amendment and an Insubstantial
Amendment to a Conditional Use approval to relocate the concession stand area to the
existing building. Ordinance 12, Series of 1992 allowed for a concession stand/restaurant
on the property. The use was required to receive a conditional use approval prior to the
commencement of operation. Approval was granted by P&Z Resolution 35, Series of
1993. However, the as -built situation does not include the concession stand area that is
delineated on the plat. That area has been replaced with a planter box and stairs down to
the sub -grade parking garage. Staff was unable to find any approval for these changes.
Ordinance 12, Series of 1992 requires that skate rentals be provided on site in the existing
building. With this proposal, skate rentals would remain available on the property in an
empty area of the existing zamboni garage (labeled "Rink Maintenance Building" on the
approved plat).
STAFF EVALUATION:
Staff finds that the request meets the requirements of a PUD Amendment and an
Amendment to a Conditional Use Approval. The proposal will not result in any new
development on the parcel. The parcel has an approval to operate a concession stand on
the property, as long as no more than 25 seats are provided. Because no concession area
exists on the property, as is delineated on the approved plat, staff believes it is
appropriate to relocate this use into the existing building.
pg. 1
Until construction is completed, staff believes it is consistent with the existing approvals
to allow the applicant to operate a cart on the property. The cart must be removed and its
use discontinued once the restaurant is opened in the existing building.
DECISION:
The Community Development Director finds the request to relocate the restaurant
use to the existing building as noted above and in Exhibit `B' is consistent with the
review criteria (Exhibit A) and thereby, APPROVES the exemption as specified
below.
The applicant and property owner must abide by all conditions in Ordinance 12,
series of 1992. Skate rentals shall remain on -site. The number of seats associated
with the restaurant use shall be limited to 25 or less.
The site plan attached as Exhibit B represents the current as -built condition on the
property.
The use of a food cart shall be permitted on the property until a CO is issued for the
existing building, or until August 15, 2010, whichever comes first.
The applicant shall comply with all food service requirements of the Environmental
Health Department.
APPROVED BY:
Chris Bendonv
Community Development Director
Attachments:
Exhibit A — Review Standards
Exhibit B - Approved Site Plan
14, K L7
Date
9
E
Sec. 26.425.080.Amendment of development order.
Exhibit A
Review Criteria and Staff Findings
A. Insubstantial amendment. An insubstantial amendment to an approved
development order for a conditional use may be authorized by the Community
Development Director. An insubstantial amendment shall be limited to changes in the
operation of a conditional use which meet all of the following standards:
1. The change will not cause negative impacts on pedestrian and vehicular traffic
circulation, parking or noise; and
a. The Silver City Ice Rink was approved for a restaurant/concession
conditional use. No changes are proposed related to parking or
circulation. The property will be required to abide by city adopted noise
ordinances. Staff finds this criterion to be met.
2. The change will not substantially affect the tourist or local orientation of the
conditional use; and
a. The Silver City Ice Rink is required to be open to the public — both tourists
and locals. This will continue into the future, and the property owner will
continue to abide by the requirements outlined in Ordinance 12, Series of
1992 — specifically that ice skate rentals be provided on the site. The
restaurant use will also be open to the general public. Staff finds this
criterion to be met.
3. The change will not affect the character of the neighborhood in which the use is
located; and
a. The property owner received approval in 1992 to operate a
restraint/concession stand on the property. A conditional use for the
restaurant use was granted in 1993 by P&Z Resolution 35. The new
restaurant will abide by all previous approvals received in 1992 and 1993.
Staff finds this criterion to be met.
4. The change will not increase the use's employee base or the retail square footage
in the structure; and
a. There is no change proposed to the retail square footage on the property.
The project mitigated for employees when it was originally approved. No
additional employees are generated. Staff finds this criterion to be met.
5. The change will not substantially alter the external visual appearance of the
building or its site.
a. There are no proposed changes to the exterior of the building. Staff finds
this criterion to be met.
Sec. 26.445.100.Amendment of PUD development order.
A. PUD Insubstantial Amendments. An insubstantial amendment to an approved
development order for a final development plan may be authorized by the Community
Development Director. The following shall not be considered an insubstantial
amendment:
1. A change in the use or character of the development.
a. The property was approved to have a restaurant/concession use on the
property in 1992. The applicant's request is consistent with that approval.
Staff finds this criterion to be met.
2. An increase by greater than three percent (3%) in the overall coverage of
structures on the land.
a. There are no new structures proposed for this property. Staff finds this
criterion to be met.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
a. There are no new structures proposed for the property. No new uses are
proposed. Staff finds this criterion to be met.
4. A reduction by greater than three percent (3%) of the approved open space.
a. There is no approved open space on the property, and no new structures
are proposed. Staff finds this criterion to be met.
5. A reduction by greater than one percent (1 %) of the off-street parking and loading
space.
a. There is no change proposed to the parking. Staff finds this criterion to be
met.
6. A reduction in required pavement widths or rights -of -way for streets and
easements.
a. There are no changes to pavement widths or rights -of -way. Staff finds this
criterion to be met.
7. An increase of greater than two percent (2%) in the approved gross leasable floor
area of commercial buildings.
a. There is no increase in the amount of gross leasable area. Staff finds this
criterion to be met.
8. An increase by greater than one percent (1 %) in the approved residential density
of the development.
a. No residential development is proposed for the property. Staff finds this
criterion to be met.
0
0
9. Any change which is inconsistent with a condition or representation of the
project's original approval or which requires granting a variation from the
project's approved use or dimensional requirements.
a. The applicant has requested to open a restaurant on the property. The
original approval (Ordinance 12, Series of 1992) allowed for a restaurant
use on the property in what was delineated as a concession area. Seating
was limited to no more than 25 people. The current condition of the
property does not include the concession area — instead, a planter and
stairs to the underground parking are located where the "concession area"
is delineated on the plat.
The Ordinance also states that "if conditional use approval is not granted
(for operation of the concession area), then the concession area may not be
utilized on the site for food service." Conditional use approval was
received for a restaurant to operate on the property by P&Z Resolution 35,
Series of 1993.
Staff believes that these two approvals taken together allow for a
restaurant use on the property as long as there is seating for no more than
25 people, and as long as the Silver City Ice Rink operates and is open to
the general public. Because the existing condition of the site does not
include a concession area as delineated on the plat, and because a
conditional use was previously granted for a restaurant, staff believes that
the proposal to move the restaurant use into the existing building (while
maintaining the ability to rent ice skates on the property) is appropriate,
and consistent with the prior approvals. Staff finds this criterion to be
met.
11
May 24, 2010
Jessica Garrow
City of Aspen Planner
130 S. Galena Street
Aspen, Colorado 81611
Re: Pre -Application Conference Summary - Conditional Use Review
400 E. Durant Street, Lot 6 Ice Rink
To Whom It May Concern,
I Craig Cordts-Pearce, herein known as the applicant, request an Insubstantial Amendment
to a Conditional Use Review per City of Aspen Land Use Code 26.425.080 as well as an
Insubstantial PUD Amendment per City of Aspen Laud Use Code 26.445.100. I would
lice to open a Restaurant (CP Burger LLC) in the existing Silver Circle Skate Rental
Building. The existing PUD maauuately shows a third building labeled, concession area.
This building was never built. The applicant would like to move the Skate Rental Shop to
the empty bay in the zamboni garage. This space is of suitable size and in direct kxmtm to
the Rink. The applicant agrees to all conditions of Ordinance #12 series 1992 that pertain
to Operations of the Ice Rink and Restaurant Area. Below are Applicant responses to
pertaining Land Use Code Sections.
Section 26-304 (Common Development Review Procedures)
The applicant understands the procedures outlined during the Pre -application
twnference.
Section 26.425.080 (Insubstantial Amendment la a Ilse Review)
An insubstantial ameadsaent sbag be SaWad ie arrange* its So *Vw*&& sta
conditional uae iibich nuvt all of the blawim atandwAL
1. The change will not cstnse "gative hop* _eta «!• pMe,%fiU o! and v4 -�
b1me Ckcalaition, park;86 or YV4&e; me
The .414licunt believes that opening concessions in the ke Rink SkWe Shop will
have a positive imp x—t through the addition of people on to the site that has been
designed fur such purpose. Furthermore, onsite circulation is spmead through
asoving the %ate Rental Shop to the empty buy in the zambunt garage
T' ".111 { wil out .ubst-+ntially affect the tourist of local orientation of
Tb,c coaditiusA mtW and
The Applicant believes that opening corn~essiuns in the Lax► Rink ,Sleet(, Wj) will
nol .+ubsturdiully,affect the tourist of local orienksm . 71e currew skee taps'
designed to be a center point for tourist and locals alike. The addition of presene�r
will be a gooW thing.
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3. The change will not affect the character of the neighborhood in which the
use is located; and
The Applicant believes that opening concessions in the Ice Rink Skate Shop is in
character with the neighborhood. The operation of a concession stand area has
always been planned for this parcel. There are two similar concessions located
within two blocks of the planned location.
4. The change will not increase the use's employee base of the retail square
footage in the structure; and
No additional square footage is requested in this application. All mitigation has
been accounted for and is detailed in Section 4 of Ordinance #12 series 1992.
5. The change will not substantially alter the external visual appearance of
the building or its site.
The applicant requests the use of a temporary concession stand to be used
through out the construction process. The cart will be located on the rink surface,
removed once a Certificate of Occupancy is obtained The applicant agrees to
Resolution No. 93-35 sections 1-5, as well as cart related sections of Ordinance
#12 series 1992.
Seclio i 24L445.106 (lassubstaatial PUD Amendment)
PUD Ismbstandai Amendments
An Insubstantial ameadommt to au approved ieveis+p- -t ado for a ioW
development phm saay be authorised by fire Gsu■ssrily 0e+rdspsoeat
ffinc4m Tlie fiMA AM"be au■iderad au iaasi■taulial ;
1. A change in the use or character of the develop.1
The proposed use is allowed per Ordin an ce #12 series 1992. 77w we has been
posed for and previdu* approved in Resolution No. 93-35.
2. An iecr+ease by greater ties three (3) perwat iu the ovwM evvemW of
structures on tie bmuL
No addWonal coverage is requested in this applieadm
3. Any amendment fiat suistaatink iucnases trip rmera/iou rates of the
proposed ieardrpwwt, or daa d for pWW %r1i &w.
11w 4*iaa W aidwWo a a oaonesaaons area Isar bees part of dw sa aff plow
far dw Ica Rmk All trip Vaeradavis shmM rexw& in dw pkmwd tJlrreslsold as
detailed in dw Aspen 34osaraia PUD.
4. A reduction by greater that three (3) percent of the approved open spa.
No change in the amowd of open space is requested in tines app wadom
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5. A reduction by greater than one (1) percent of the off-street parking and
loading space.
No change in the amount of off-street parking or loading space is requested in
this application.
6. A reduction in required pavement widths or right-of-way for streets and
easements.
No change in pavement width or right-of-way to street easements is requested in
this application.
7. An increase by greater than two (2) percent in the approved gross
leaseable floor area of commercial buildings.
No change in the amount of floor area is requested in this application.
8. An increase by greater than one (1) percent in the approved residential
density of the development.
There is no change to residential density associated with the development.
9. Any change which is inconsistent with a condition or representation of the
projects original approval or which requires granting a variation from the
projects approved use or dimensional requirements.
The requested use is outlined in Ordinance #12 series 1992 and Resolution No.
93-35.
Summary
This application request letter has detailed how this project complies with the applicable
City of Aspen Land Use Code requirements for Insubstantial Amendment to a Conditional
Use Review and Insubstantial PUD Amendment. If any additional information is
requested, the applicant will work diligently and timely in gathering and presenting the
requested information.
Sincerely,rVl)hev May 24, 2010
raig ordts-Pearce
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Fees Fee Summary 1 Main Actions Attachments Routing History
Valuation Arch/Eng Custom Fields Sub Permits Parcels C
91
PWR* # 10024.2010.ASLU
Permit type aslu Aspen Land Use
—
Address 1400 E DURANT - LOT 6 ICE RINK
AMUft
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City ASPEN
State CO Zo 81611
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Permit Information
a
Master permit
ROAN queue aslu07 Applied 5r242010
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Project
Status pending Approved
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Description
Issued
CONDITIONAL USE REVIEW - FINAL PUD ADMINISTRATIVE
Final
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Submitted CRAIG CORDITS-PEARCE 309-0060
Clock unning Days F Expires SM 9Q011
Submitted via
Owner
Last name ASPEN MOUNTAIN LODGE First name
311 W MAW ST
Phone (970)925-7650
Address
ASPEN CO 81611
Applicant
❑ Owner is applicant? ❑ Contractor is applicant?
Last name CP BURGER, LLC— I First name KRAIG ' j 1 fv • ND� tV\_V
Phone (970)309-0060 Cust t 28813 Address`
Lender
Last name First name
! Phone ( ) Address
Displays the permit lender's address
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