Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Land Use Case.CU.315 E Dean St.A100-95
CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 10 /18 /95 PARCEL ID AND CASE NO. DATE COMPLETE: 2737- 182 -85 -001 A100 -95 STAFF MEMBER: DM PROJECT NAME: Ritz - Carleton Parking Garage Conditional Use Approval Project Address: 315 East Dean Street Legal Address: Lot 1, Aspen Mountain PUD /Subdivision APPLICANT: Savanah Limited Partnership Applicant Address: 515 S. Galena, Aspen, CO 81611 REPRESENTATIVE: Om ° B on i = "i" T>C sMe.- “° Representative Address Phone: 330 021 9899 6. 1 1 1 4 W _ 1.: i_- n,...a Marina del Rev, -C-2 FEES: PLANNING $1020.00 # APPS RECEIVED ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $1020.00 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP:X 2 STEP: P &Z Meeting DatelZ PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: ,X City Attorney Parks Dept. School District X City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Board X Envir.Hlth. ACSD Other X Zoning Energy Center Other DATE REFERRED: II INITIALS: lJ DUE: ' FINAL ROUTING: DATE ROUTED: 7 /Gjg1j INITIAL:_^ City Atty City Engineer _ Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF A CONDITIONAL USE FOR THE COMMERCIAL USE OF EXCESS PARKING OF THE RITZ - CARLTON PARKING GARAGE (LOT 1, ASPEN MOUNTAIN PUD - 315 DEAN STREET) TOWNSHIP AND CITY OF ASPEN Resolution No. 95 -3 WHEREAS, pursuant to Section 24- 5- 214.C. of the Aspen Municipal Code allows the Planning Commission to approve commercial use of excess parking as a conditional use, required open space pursuant to compliance with the requirements of Section 24 -7 -304; and WHEREAS, the Planning Office received an application from Savanah Limited Partnership, owner of the Ritz - Carlton for a Conditional Use Review for the commercial use of excess parking within the existing parking garage; and WHEREAS, upon the review of the referral comments submitted by the Engineering Department and the Environmental Health Department, the Community Development Department recommended to the Commission approval of the Conditional Review with conditions; and WHEREAS, the Commission held a public meeting at their regular meeting on December 5, 1995; and WHEREAS, by a vote of 6 -0, the Commission approved with conditions the Conditional Review; and NOW, THEREFORE BE IT RESOLVED by the Commission: that it does hereby grant approval for Conditional Use Review for the use of excess parking for commercial use, based on the following conditions of approval: 1. All representations made in the application or by the applicant at the Planning and Zoning Commission meeting shall be adhered to during development. 2. That the hourly fee for parking in the facility shall be no lower than the City of Aspen's Rio Grande Parking Garage or Commercial Core paid parking fee, as it may be adjusted in the future, and that daily rates be available. Monthly rates can be competitive with city rates at the City Parking Facilities. 3. That prior to implementation of the public parking program, the applicant shall provide Community Development and Parks Department with confirmation that all prior commitments for landscaping improvements under the PUD agreement have been satisfied. If landscaping or street improvements have not been satisfied, a schedule for compliance shall be established to the satisfaction of the Parks Department prior to implementation of the parking program. 4. If the applicant shall decide to terminate the commercial parking, termination shall not occur between Thanksgiving and Easter or between Memorial Day and Labor Day. 5. Prior to implementation, the applicant shall submit an Operational Plan to the Department of Transportation and Parking which shall describe the following: A. Hours of Operation; B. Logistics of Valet Parking; C. Traffic Plan; D. Marketing Plan. 6. The Planning and Zoning Commission shall review the Conditional Use after one (1) year of operation, and biannually thereafter. APPROVED by the Commission at its regular meeting on December 5, 1995. Attest: Planning and Z / nn ' i �t' � ngg j C� C O (i /02 //' YJ . • A• tom_ : o l _ -t_' -q,s .,)-Hata aron Carrillo, (date) Sara Garton, Chair (date) Deputy City Clerk J Joseph Wells I :95 Joseph Wells, AICP Land Planning and Design October 17,1995 /P d Mr. Stan Clauson Planning Director City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Conditional Use Request for Commercial Use of Excess Parking at the Ritz- Carlton, Aspen Dear Stan: My letter is to forward, on behalf of Savanah Limited Partnership, owner of the Ritz- Carlton, Aspen, an application for conditional use approval under ' the provisions of Sec. 5 -214c and Art. 7, Div. 3 of the Land Use Code. Savanah is seeking approval to use the excess capacity in the Ritz- Carlton parking garage for commercial parking. In 1993, the City approved amendments to the land use code (Ordinance 7, Series of 1993, attached as Exhibit D) to allow commercial use of excess parking capacity as a conditional use in the Lodge /Tourist Residential zone district. This application is submitted pursuant to those regulations. The applicant and the Ritz- Carlton Aspen management team plan to offer the excess garage capacity on a fee basis. There will be no overnight storage for people not staying as guests of the hotel. This ensures that adequate parking will be available for both guests of the hotel as well as for special event needs, which are typically an evening occurrence. Please let me know if you need additional information regarding this application for conditional use approval. incere'ly yours, Joseph Wells, AICP cc: John Sarpa Ferd Belz 602 Midland Park Place Aspen, Colorado 81611 Telephone (303) 925 -8080 Facsimile (303) 925 -8275 MEMORANDUM TO: Dave Michaelson ��� FROM: Randy L. Ready a. Transportation and Parking Director DATE: December 5, 1995 RE: Referral Comments Ritz - Carlton Parking Garage Conditional Use Review Thank you for the opportunity to review the above - referenced conditional use request. My comments are as follows: 1. The Transportation and Parking Department supports this request to use the excess capacity in the Ritz- Carlton parking garage for commercial public parking. Our support is based on action item 2 in the Transportation Action Plan component of the AACP, which calls for more efficient utilization of underutilized private parking spaces. Furthermore, the subsequent Transportation Implementation Plan recognizes the diverse transportation /parking needs of those living, working or visiting in the community and recommends addressing the remaining long -term parking demand through the provision of additional off -street parking (Parking Element 9, p.7). The prospective addition of up to 100 off -street parking spaces will benefit the community and help accomplish the goals of the Transportation Plan by increasing the availability of parking in the commercial core for visitors and shoppers and by reducing parking impacts in residential neighborhoods. 2. However, the approval of this conditional use will accomplish the goals cited above only if the additional spaces are operated and marketed effectively. We do not recommend that these spaces be available on an hourly basis. There currently are sufficient spaces within the commercial core, the Rio Grande Parking Plaza, and the Residential Permit Zones to accommodate short-term parking needs: Parking (600 spaces) is available within the commercial core for $0.50 per half hour with a two -hour maximum per receipt; hourly parking (about half of the 340 garage spaces) is available in the municipal parking garage for $0.75 per hour with a $5.00 daily maximum; and parking is free for up to two hours in a Residential Permit Parking Zone to accommodate daytime residential visitor needs. 1 Our recommendation is that these additional spaces be available on a daily basis for a minimum of $5 per day (regardless of length of stay), and /or on a monthly basis for a minimum of $100 per month. 3. We have several questions /concerns about the proposed conditional use that are not addressed in Section II on page 2 of the application. • What does "up to 100 parking spaces" mean? How and when will the exact number of available public spaces be determined? • The applicant's wish to reserve the right to terminate the conditional use is reasonable; however, such termination should only occur with a minimum of thirty days notice to the City and to parking patrons. Furthermore, such termination should NOT occur in the midst of a peak season (i.e., between Thanksgiving and Easter nor between Memorial Day and Labor Day). • If this conditional use is approved, we recommend P &Z review of this conditional use at the end of the first year and at least biennial review thereafter. • We are unable to comment on the proposed parking operations without additional information regarding hours of operation, logistics of valet parking (including drop -off and pick -up arrangements, amount of time necessary for vehicle retrieval, allowable length of stay, vehicle staging arrangements during peak periods, valet tipping policy, etc.), traffic plan and proposed marketing plan. • If this conditional use is approved, the Department of Transportation /Parking would like to work closely with the applicant's staff to ensure good communication and public information regarding rates, availability, seasonal occupancy, etc. Achievement of the community goals outlined above can only be achieved through coordination between the City and the applicant throughout the duration of this conditional use. 4. Finally, if this conditional use is approved, it should not be construed to supersede any of the existing conditions of approval or other provisions of the land use code or municipal traffic /parking regulations, including employee parking arrangements. Thank you for your consideration of these referral comments. Please let me know if you have any questions or concerns that this department can assist with. 2 rr —111 m il i C u, _ •.,_... NOV 3 0 1995 r November 29, 1995 Aspen Planning and Zoning Commission 130 S. Galena St. Aspen, CO 81611 Dear Planning and Zoning Commission, Due to a prior engagement, Aspen Lodging Company will not be able to attend the December 5th Planning and Zoning meeting concerning the Ritz Carlton application to use their excess garage parking capacity for commercial parking. Please take the comments contained herein into consideration when making your decision. Our company feels this is an excellent proposal and should be approved for a number of reasons. 1) The city parking garage is too far away for the majority of skiers. 2) During high occupancy parking on this side of town is at maximum capacity, the Ritz parking would be a close alternative for guests on this end of town. 3) Throughout the City parking is limited and aggravating for visitors. Ritz parking would add space at no cost to the City. Once again, Savanah Ltd. and the Ritz Carlton have stepped up to offer assistance in a community problem! Thank you for your time. Sincerely, ASPEN SNOWMASS LODGING COMPANY Douglas L. Nehasil David H. Booth, CPM® Vice President General Manager DLN /mb 747 Galena Street Aspen, Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264 • MEMORANDUM To: Dave Michaelson, Planning Office From: Chuck Roth, Engineering Department ece Date: November 27, 1995 Re: Aspen Mountain PUD Lot 1 PUD Amendment & Subdivision (Lot 1, Aspen Mountain Subdivision; Parcel ID No. 2737 - 182 -85 -001) Having reviewed the above referenced application, the Engineering Department has the following comments: 1. Nomenclature - The applicant should provide the information concerning the amendment number. Is it an amendment to the entire Aspen Mountain Subdivision, and if so what number? Is it an amendment to approvals for Lot 1 only, and if so what number? The file name should not be "Ritz Carlton" because it makes approval tracking difficult. 2. Sidewalk & Dead Tree - The PBC (NAC) requested that the dead spruce tree on Durant Avenue be removed and the sidewalk widened. Engineering and Parks Departments are already working on this in response to an escrow draw -down request. This should be carried forward as a condition of any approvals for the current amendment request. 3. Traffic Impacts - The application does not quantify anticipated traffic impacts. There would probably be somewhat greater traffic impacts from the spaces being used for public use than there would have been if the spaces had been fully utilized for hotel guest uses. The impacts would not be sufficient to warrant recommending denial of the application. In the interim since the original land use approvals, the potential impacts have probably been compensated for by the City implementation of paid parking. The application may be correct in stating that approval might lessen traffic circulation in the commercial core by individuals looking for parking spaces. 1 4. Referrals - The application should be referred to the Parking and Transportation Office for comments such as possible effects on the City Parking Plaza operations. 5. Other - Is this an appropriate review to address the appearances of the frontage on Durant Avenue? The area is quite bleak. The space is in need of improvements such as lights, fixtures, benches, improved landscaping, decoratives, color, sculpture, fountains, maintenance. cc: Stan Clauson, Community Development Director Ferdinand Belz, Savanah Limited Partnership Joe Wells, Planning Consultant M95.202 2 ASPEN/PITHIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920 -5090 FAX (970) 920 -5439 MEMORANDUM TO: City Attorney City Engineer Environmental Health Zoning Officer FROM: Dave Michaelson, Planner RE: Ritz- Carlton Parking Garage Conditional Use Review Parcel ID No. 2737 - 182 -85 -001 DATE: November 7, 1995 Attached for your review and comments is an application submitted by Savanah Limited Partnership. Please retum your comments to me no later than November 22. Thank you. MEMORANDUM TO: Aspen Planning and Zoning Commi� n THRU: Leslie Lamont, Deputy Di • : IF FROM: Dave Michaelson, Planner DATE: December 5, 1995 RE: Ritz- Carlton Parking Garage - Conditional Use to allow Commercial Use of 100 parking spaces for public use and Insubstantial Amendment to the Aspen Mountain PUD, Lot 1. SUMMARY: The applicant is requesting conditional use approval to allow for 100 spaces to be used for commercial parking. Staff recommends approval with conditions. APPLICANT: Savanah Limited Partnership, represented by Joseph Wells LOCATION /ZONING: Lot 1, Aspen Mountain PUD, located at 315 Dean Street. The property is zoned L/TR (Lodge/Tourist Residential) with a PUD overlay. REQUEST: The applicant's propose to utilize 100 existing spaces for commercial public parking. As required under the PUD approval, the Ritz - Carlton provided a parking garage with 220 parking spaces. Currently, utilization of the parking facility ranges between 25 percent in the winter, to 50 percent in the summer. The applicants have agreed to charge the public at least $1.00 per hour, regardless of whether the parking is provided on an hourly or monthly basis. The application is attached as Exhibit A. Referral Comments: Referral comments are attached as Exhibit B, and are summarized as follows: Environmental Health: The $1.00 per hour charge is consistent with locally established goals of reducing air pollution, however the monthly charge should be eliminated. A recommended condition of approval is included in the referral memo and proposed conditions of approval. Engineering: Engineering requested that a dead tree be removed and the sidewalk widened on Durant Avenue. In addition, concerns regarding potential traffic impact are discussed. Planning Staff would suggest that additional available parking may in fact lessen "cruising around" in the downtown core. In addition, the streetscape along Durant Avenue should be improved to the extent possible. p � r''_ 1 ` " ' 1 1 Staff Comments Pursuant to Section 5- 214.C. of the Land Use Code, commercial use of excess parking in a lodge is a conditional use in the L/TR zone district, subject to review and approval by the Planning and Zoning Commission. The following criteria must be met for approval: 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 Action item #2 of the Transportation Action Plan directed the City to "Determine the number of underutilized private spaces within the commercial core and create a plan for more efficient utilization of these spaces for public use." Ordinance 7, Series of 1993 amended the code to establish commercial use of excess parking as a conditional use, includes a finding that the proposed amendments are consistent with the goals of the Aspen Area Community Plan, the Transportation Action Plan Section of the Community Plan and other provisions of the Land Use Code. The provision for the use of private parking for public use is consistent with this provision. However, Policy #15 directs the City to "reduce the number of on- street parking spaces with the commercial core by phasing out a portion of the parking spaces in conjunction with parking and transit altematives." This would imply that on- street spaces should be eliminated consistent with the additional spaces in the Ritz. Conversations with Randy Ready from the Transportation Department have indicated that this policy is no longer favored by the City, and will be eliminated as a policy directive (a memo from Randy will be available at the meeting). 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 The proposed use is consistent with existing land uses in the immediate site area. The area is predominantly commercial in character, and includes restaurants as well as short-term lodging and residential uses. 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 other odor on surrounding properties; and The impact of cars cruising town in search of parking is well documented, and additional underground parking should have incremental improvements in vehicular circulation. The parking garage is existing, so there are no visual or service impacts on surrounding properties. The applicant has indicated that no signs are proposed for the facility. 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 2 The proposed conditional use will not result in additional adverse impact upon the above public facilities and services. Existing public facilities and services are adequate to serve the hotel and parking garage. e. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Existing parking on the site will not be expanded beyond existing levels. The applicant has indicated that the proposed public parking will not require additional employees. f. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and all other applicable requirements on this chapter. The proposal is consistent with the Aspen Area Community Plan. No other standards are applicable to the application. Staff Recommendation: Planning staff recommends approval based of the conditional use for commercial parking based on the following conditions: 1. All representations made in the application or by the applicant at the Planning and Zoning meeting shall be adhered to during development. I MA Wm PIN tovtarit., 2. That the lee charged for parking in the facility shall be the as the City's v � r — Commercial Core paid parking fee, as it may be adjusted in the future, and that /il,1�� rates be available. Nerereeiellearnmanddifrizacts.pasa. l trt( PrJCs4& Fay -tam . ` 3. That prior to the implementation of the public parking program, the applicant shall t u ey � e t t lie ter provide Community Development and Parks Department with confirmation that all prior t ir commitments for landscaping improvements under the PUD agreement have been satisfied. If landscaping or street improvements have not been satisfied, a schedule for compliance shall be established to the satisfaction of the Parks Department prior to implementation of the parking program. RECOMMENDED MOTION: "I move to grant conditional use approval and an Insubstantial PUD Amendment to allow commercial use of 100 parking spaces within the Ritz- Carlton parking structure with the conditions outlined in the staff memorandum." Attachments: .{ 7 1 ftb twin Ato LaN c S peck_ Exhibit A - Application � to i' C»P AP[pt- osa G) '{cra. a Exhibit B - Referrals d ^tD 8 te' t4 PLC nrcgephp I ' (� � E Apiti LN+t 5PD u_ rat P ° a- ,i1µ j-k I"� �n.'a' °� Da( o•� L t� 6�wE.g .4°4" 4 h 6ps ) ' 1 t O I MP t.�j,�E+l'fKft 17A°� . 113 The- Fo�+w,w ALi '+ektr p fR � �P4t a r 5{u Sit C A�1 RnSO.to� ( tJwcs 6F � 0 � fanoy PAIKtoCst Wtru.H gt+n A RP�I CZ� �UtytkiS 6 -7 " t 3 �a C3)-717�`FF Pta4 P prK,.t(,l � 4 r.. Exhibit A CONDITIONAL USE REQUEST (Sec. 5 -214.c & Art. 7, Div. 3) Savanah Limited Partnership, owner of the Ritz- Carlton, Aspen, is seeking conditional use approval to use the excess capacity in the Ritz- Carlton parking garage for commercial parking under the provisions of Sec. 5 -214.c and Art. 7, Div. 3 of the City of Aspen Land Use Code. As required under the prior approvals (as spelled out in the First Amended & Restated PUD /Subdivision Agreement and subsequent amendments), an underground parking garage with 220 parking spaces has been provided in the Ritz - Carlton, Aspen. The Ritz- Carlton front desk staff monitors daily usage of the parking facility by hotel guests and attendees of special events at the hotel. Just as in a number of other private garages at the base of Aspen Mountain, there are many vacant parking spaces in the Ritz- Carlton, Aspen parking facility at most times of the day throughout the year. These are presently unavailable to residents of the community unless they are attending an event at the hotel. The Applicants submit that it is appropriate and consistent with current community policy to first utilize such under - utilized parking to meet current parking demand in the area of the commercial core. I. BACKGROUND: The Ritz- Carlton, Aspen is located at 315 East Dean Street. The legal description is Lot 1, Aspen Mountain PUD /Subdivision. Existing improvements to the property include the hotel, restaurant and bar facilities, retail shops, other uses accessory to the hotel and subgrade parking garage. Since the implementation of the City of Aspen paid parking program in January of 1995, the City of Aspen parking garage has been utilized near maximum capacity. Currently, utilization of the Ritz- Carlton, Aspen parking facility ranges between 25 percent during the winter high season and 50 percent during the summer high season. Many workers in the downtown core still must use an automobile on a daily basis in association with their jobs and cannot always use mass transit. The availability of an additional 100 parking spaces for situations such as this will further reduce the demand for on- street parking in the area. 1 II. PROPOSED CONDITIONAL USE: Based on usage by hotel guests, Savanah Limited Partnership proposes to make available up to 100 parking spaces in the hotel parking garage for use by the public. The Applicants wish to reserve the right to terminate the conditional use in the future in the event that the Applicants no longer wish to operate a commercial parking program at the hotel. In order to address concerns raised by the City of Aspen Environmental Health Department regarding the underlying assumptions included under the State Implementation Plan to reduce automobile trips within the City, the Applicants have agreed that the fee to be charged to the public for use of the Ritz garage will equal at least $ 1.00 per hour, regardless of whether the parking is provided on an hourly or monthly basis. If monthly parking is provided, the monthly fee will be calculated on the basis of 8 hours a day, five days a week. The number of spaces to be made available will be limited to no more than 100 at any given time. Valet parking will continue to be used exclusively for both hotel guests and for off - site users. The hotel currently employs a staff of three employees on each shift for parking and adjusts for peak times when necessary to assure proper traffic control. III. REVIEW REQUIREMENTS: Pursuant to Section 5- 214.C. of the Land Use Code, commercial use of excess parking in a lodge is a conditional use in the L /TR zone district, subject to review and approval by the Planning and Zoning Commission. The specific review criteria for conditional uses, and the proposal's compliance with those requirements, is summarized below. Under the provisions of Sec. 7 -306, a development application for conditional use shall include the following: A. The general application information required under Sec. 6 -202, Application and Fees: 1. Fee. The Development Application is accompanied by a fee of $1,020.00, as established by the Planning Office. 2 t .., 2. Application. The Development Application includes the following information and materials: a. The 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 is included as Exhibit A. b. The street address of the parcel on which the development is proposed to occur is 315 East Dean Street. The legal description of the parcel is Lot 1, Aspen Mountain PUD /Subdivision. c. A disclosure of ownership of the parcel on which the 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 is included as Exhibit B. d. An 8 -1 /2 "x 11" vicinity map, locating the subject parcel within the City of Aspen, is included as Exhibit C. e. A written description of the proposal is included above. In accordance with Sec. 7 -304, the following responses to the standards for conditional use review are provided: i. "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." Ordinance 7, Series of 1993 (see Exhibit D), which amended the code to establish commercial use of excess parking as a conditional use, includes a finding that the proposed amendments are consistent with the goals of the Aspen Area Community Plan, the Transportation Action Plan section of the Community Plan and other provisions of the Land Use Code. The Transportation Action Plan specifically cites the need to determine the number of underutilized private parking spaces within the commercial core and to create a plan for more efficient utilization of 3 these spaces for public use. The availability of additional parking spaces in this area will reduce vehicular congestion in the commercial core and improve air quality to some degree by lessening the number of cars milling about in search of an on- street parking space. It is entirely consistent with community goals to maximize the use of available off - street parking in the area at the base of the mountain. ii. "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 complementary uses and activities in the immediate vicinity of the parcel proposed for development." The proposed use of the Ritz- Carlton, Aspen parking facility for limited commercial parking is consistent and compatible with existing land uses in the immediate site area. The area is predominantly commercial in character, and includes restaurants and a variety of retail commercial uses as well as short -term lodging and residential. The proposed parking will complement the existing uses in the area and will provide an attractive parking alternative for a segment of the local population. The property is zoned L /TR- Lodge /Tourist Residential. Surrounding parcels are also zoned L /TR, with the exception of the Ice Rink parcel, which is zoned P -Park. There are many lodges and other short -term accommodations in the immediate area which have limited off - street parking spaces. This area of town, because of the proximity to the commercial core and the resulting spill -over of parking demand, is chronically short of parking. Recent community planning has emphasized maximizing the use of available parking. The availability of additional parking in the area will enhance the existing uses and activities and partially relieve the current congestion in the commercial core. iii. "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, 4 c trash, service delivery, noise, vibrations and odor on surrounding properties." Currently, there is a great deal of vehicular circulation in this part of town as people look for an available on- street parking space. The proposed conditional use may therefore very well have a positive effect on pedestrian and vehicular circulation overall throughout the community, since the parking will serve as an alternative to those who might otherwise be searching elsewhere in town for parking. The space in question is currently used for parking for guests of the Ritz - Carlton but is otherwise under- utilized. Because this is an existing underground parking structure, there will be no adverse effects due to visual or other impacts on surrounding properties. Very minimal obnoxious noise, vibration or odor will be generated to adversely affect surrounding properties. By maximizing existing off - street parking, the impacts should improve pedestrian movement and decrease vehicular circulation. iv. "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." The proposed conditional use will not result in additional adverse impact upon the above public facilities and services. Existing public facilities and services are adequate to serve the hotel and parking garage. v. "The Applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use." Existing parking on the site is not proposed to be expanded. The management of the Ritz- Carlton, Aspen believes that the proposed conditional use will require no additional employees, as the proposed commercial parking use is expected to even out employee peaking requirements among the parking staff at times when the staff is presently under - utilized. 5 C vi. "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 in compliance with all applicable requirements of the Aspen Land Use Regulations. No additional requirements are suggested for such uses by the Aspen Area Community Plan. 3. A sketch plan showing the configuration of the development on the lot and those features of the site which are relevant to the special review application. The architectural drawings of the three levels of the parking structure are included as Exhibit E. Note that these drawings reflect the most recent parking layout approved by the Planning Office. 4. If the application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. The application does not involve development of a new structure or expansion or exterior remodeling of an existing structure. 6 EXHIBIT A SAVANAH LIMITED PARTNERSHIP 444 Washington Boulevard Marina del Rey, California 90292 (310) 821 -9899 Phone (310) 821 -7188 Fax May 15, 1995 Mr. Stan Clauson Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Partnership, owner of Lot 1, Aspen Mountain Planned Unit Development/Subdivision, site of the Ritz - Carlton Aspen. Savanah has authorized the preparation by Joseph Wells Land Planning of the attached conditional use request for commercial use of a portion of the on -site parking previously approved for this lot. During the processing of this application, Savanah will be represented by Ferdinand Betz and Joseph Wells. Please contact Ferd at 925 -4272 or Joe at 925 -8080 if you have any questions or need additional information. Sincerely yours, SAVANAH LIMITED PARTNERSHIP By Aspen Enterprises International, Inc. its general partners I Ii'�► O i nl i nk ' aent ORB:yni USERS\LEOAUPAUU W P\ORB\CLAUSON2.515 r3/4. EXHIBIT B aH. LAW OFFICES OF OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 LEONARD M OATES AREA CODE ]O] TELEPHONE 920.1700 ROBERT W HUGHES ♦ ^L� RICHARD • KNEZEVICH Octobe z 13, 1995 TELECOPIER 9201121 TED 0 GARDENSWARTZ OF COUNSEL JOHN THOMAS KELLY David Michaelson Aspen Community Development 203 S. Galena St. Aspen, CO 81611 Re: Lot 1, Aspen Mountain Subdivision and Planned Unit Development Dear David: We represent Savanah Limited Partnership, a District of Columbia Limited Partnership, and in that capacity hereby certify to you that Savanah is the owner in fee simple of the above referenced real property. Feel free to call should you have any questions or require anything further of us. Since 1 rl By: , ) Robert W. Hughes RWH/mlp Enclosures cc: aAreA 1 •..- J ASPEN /PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and .%� 4 - oA” (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to ITY an application for a / (hereinafter, THE PROJECT). A„_ _ / d/S1 4 hii 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 68 (Series of 1994) establishes a fee structure for Planning 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 Planning Commission and /or City Council to enable the Planning Commission and /or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 5. its collect ful APPLICANT e p foo a det agrees r that of appl�cap'on waiver of right an initial deposit in the amount of $LCZO which is for ors, APPLICANT hours of Planning staff time, and if actual recorded ded costs cee d the initial deposit, APPLICANT shall pay additional monthly bil men g o o C to eeefffiic above, reim burse the CITY for the processing of the application including post approval review. Such periodic payments shall be made within days of the bn ll bee date. APPLI fir urther agrees that of pro es Wig, failure to pay such accrued costs sh APPLICANT u ,, j CITY OF ASPEN a �,S F e '., �� ��.4�,1 t� By: IC) ke teems' ; y: ea. S ' lauson ` _ Mr. Community Development Director Date: 1 Mailing Address: yy 4 ash X GI V 2 EXHIBIT C • w C i El an a L? n o � tin V � , • ❑ a o a t 0 f Po UJ a , 4- id mat coo -U 0 .l ct a. O U q • p d❑ of o _. , S a o p 1°, ti Imo �❑❑ nQi � L - 1. \ k _ 1 a 0 El rA . -%/ Co [2 :: 4 r—c- 0 , „__ .. . a tr in b rio t r od❑ :: 2 k. ® aq I ! 0 O - P Q a pb[ c O � 1 Q d_ p da, on a� — o o�► �� D f 0 a Svc E3 . a g r. En P33 ciniq er a2, o °b O O 0 a"..44, O t_ D' ea E El a 0 I I r '6 . F J CSt 0 + ► • =,:2,6 \!� Q z 11 d a KJ c n n d O a a; ' c L s Li a n+ . O n 5 1 . 5. O 'U 4 O U J 1tJ5 J L�I f— 0 � � O p '~ e II o O� `—ZI � v1 EXHIBIT D ORDINANCE 7 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24- 5- 214.C. - CONDITIONAL USES FOR THE L /TR (LODGE / TOURIST RESIDENTIAL) ZONE DISTRICT. WHEREAS, Section 24 -7 -1103 of the Municipal Code provides that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations ", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Director did receive from Savanah Limited Partnership, and reviewed and recommended for approval, certain text amendments to Chapter 24; and WHEREAS, the Aspen Area Community Plan Transportation Action Plan outlines a comprehensive, integrated transportation plan to reduce traffic congestion and improve air quality and offer alternatives to the use of private automobiles; and WHEREAS, the Planning and Zoning Commission reviewed and approved at public hearing on January 5, 1993, those code text amendments as recommended by the Planning Director pursuant to procedure as authorized by Section 24 -6 -205 (A) 8 of the Municipal Code; and WHEREAS, the City Council finds that the proposed text amendments as approved and recommended by the Planning and Zoning Commission are consistent with the goals and elements of the Aspen Area Comprehensive Plan, the Transportation Action Plan, and are 1 not in conflict with other portions of Chapter 24; and WHEREAS, the City Council finds that the proposed text amendments will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Section 5- 214.C., "Lodge /Tourist Residential - Conditional Uses" of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of new subsection "5 ", which new text shall read as follows: "5. Commercial parking utilizing excess or vacant spaces on 1 a parcel occupied by a lodge, hotel, or other commercial operation. A commercial parking operation shall include traffic management methods to reduce vehicular congestion and improve air quality in the community. "" Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or 2 portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: A public hearing on this Ordinance shall be held on the day of i/, 1993 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 Q day of , 1993. 9%-t John Bennett, Mayor AgSS'• Kathryn / Koch, City Clerk FINALLY, adopted, passed and approved this c44 day of , 1993. John ennett, Mayor ATTEST: ,/ KtGrn E dig Kathryn Koch, City Clerk 3 sC al II no \ L \�i �i :: 1 1 � ! Ill t Ma I {Ilil 4 c ,..1 1 esy r ' I " 1 !, " 2 ,. 5. 1." yg - !: r1 y 4 , Ms ` 1H - I .5 * ff ,tri "� 11� �. I `°--� 1 F i I - IN— J °. ; - • lia4 " --- C q-8 7A A- -� - 1. / 4 % % % % a % w # 'WI 1 -4 1.1 4 s a 1/ y i n 01 c p I h • N .< � I - - .S,L(ts%Ct.z -o9/ TJA?! f • a �.+ °m.�. aa4�/ ,,9lN: .244v /GLYda L/ / p p ( R ,y K all .. 1 'pV d c : q sagscca•'zee >JAg9 ' v A R - N - A I 1 I I i I r- ---- 1 1 1 I 1 Il !! 1 !1 r i4. 4 1 ii ( ll 1 I 1 w 1 1 .. Pi k 1 ., MO MU 4--- it IL! -.;11 : i 1 m ...1 ... i IIIIIII 1 1 1 tilt 4 . .- • - IVI: ge.i 1 03 _ nig i • 1.1 *it r• :\ 1 ! 0 II - 1 E 1.1 - -I s• i a — 1 ' 1111MMINEI 3 . A :Ira al EMI ° I !I . 1 , I span, Masa . . . 1 I Cra :3 d iiilte I i _ A . i ?a il b, 1 . ; I . • .—.- • _ . 111 1 a I k : III I. .. .' p 1 -f I, „ . .; 0.1 a ,.., , ,.. 9 , 4 ; 1 - its L. kiwi; L._....r.„.__ , , h. 1. 11. ei goi ' A ‘ I I r .----. w am - -Q7 !— — b. ".. '. a '1 rti ' e SiIP146 fit r c2ogeaT 21 °se VAa P: rnes 41 : ig \ / i 2 i ' s - k a %.,.; 4 r Liuk pi 1 r oz_;" iti g b 1 n'sc “21 1 4: r r23/.41 at 5 beig 97 Yi 43, /303 .3, 4,„„ i 1_1 ___■•J I 0 1___Fr P R R 4 r aallinalailimalSk- I • w iii BEN ig .11 pp ! qyg� g .v . i 1h , 1 r i i 1 l'.E'.i�EIi 4 i1 r i 11.-i � {m--�, • E O N 11 gi ll ` v At 2 a}! [ � � I \ it • q . �,. I �l 8 if pm r 1 � >, I I 4;.. Id . a semen r j ` III l i . -._ 1 g lilt t 1 Pe :I I� ��#n _ : , ...A _ —�� -. V • = ; N 'P:. T - --r-- {3 ' • }'� ; 1 1- . I 1 a l' al it: ., a ; Ear a - 6---_ 1 -, - � 1 1 00 = , i 1 11 - = —/ a I li i Id ©I ' _ •. Q \ • 4 i i 1 - 7 j 1 a - , 14 \ e - 9 r e� ''• r rotes♦ I, V • L �. S r t axv OK aw;' em {� - i r , f .--- I e ion!! I lr x 1'r" a :y- .. ayr ' s E A 9 p3 I y I " . . ii r ' 3i 1 9 .59 u _ q l �l _e sav� ac sva rla'r 1 . n 0 o a o • 4 IQ` , ' . = u. a ei r " z wd v u e ♦a +i • ° a ,s _ I i r,P1. 4 y c ° lef 1 - ri: 1 -gin' 1 F 1 . • 1 P ,eu - + 1 ., „ II `; l sem i i I1 8 / n :<6 1 P 4 : Exhibit B MEMORANDUM To: Dave Michaelson, Planning Office From: Environmental Health Department Through: Lee Cassin, Assistant Environmental Health Director $tt G Date: November 27, 19956 Re: Ritz- Carlton Parking Garage Conditional Use Review Parcel ID# 2737- 182 -85 -001 The Aspen /Pitkin Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen, and has the following comments. There are no concerns, impacts, or conditions for this application related to sewage disposal, water supply, or water quality impacts. AIR QUALITY: Sections 11 -2.1 "It is the purpose of [the air quality section of the Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well, as to "provide clean air by protecting the natural air sheds and reducing pollutants ". This conditional use application is significantly improved over the initial application in its effects on air quality. It is only by charging $1 /hour, or whatever the on- street parking fee is increased to in the future, that air quality impacts can be minimized in compliance with the code. A cheaper parking rate would encourage people to drive, and thereby increase traffic. We do have a concern about charging a monthly fee, even though it is at the same rate as if it were charged at $1 /hour. If someone has paid a monthly fee, they actually have an incentive to drive, since they have already paid for a full month. If people pay per hour or per day, they may make a decision not to drive on a given day. A fee of $8 for an 8 -hour day would be acceptable, since it would not encourage driving.. ' This might be acceptable to the operators who may wish to avoid keeping track of hourly • use. A daily fee would be both easier to collect and track, and would not have the adverse air quality impact of a monthly rate. 1 l am , It is not likely that this project will . "have a positive effect on pedestrian and vehicular circulation overall throughout the community". The advent of paid parking has made it so that people no longer have. to "cruise around" looking for parking, since there are many available spaces. However, if there is a fee tied to the city's .paid parking rate ($1 in today.'s dollars) and no monthly rate, for a small number of spaces, there would not be a significant air quality impact. A. condition of approval should be that the price of parking in this facility be the same as the city's commercial core paid parking fee, as it may be adjusted in the future, and that hourly and daily rates be available, but that no weekly or monthly rate . or pass be permitted. • 2 NOV 2 7 1995 MEMORANDUM _ To: Dave Michaelson, Planning Office From: Chuck Roth, Engineering Department ece Date: November 27, 1995 Re: Aspen Mountain PUD Lot 1 PUD Amendment & Subdivision (Lot 1, Aspen Mountain Subdivision; Parcel ID No. 2737 - 182 -85 -001) Having reviewed the above referenced application, the Engineering Department has the following comments: 1. Nomenclature - The applicant should provide the information concerning the amendment number. Is it an amendment to the entire Aspen Mountain Subdivision, and if so what number? Is it an amendment to approvals for Lot 1 only, and if so what number? The file name should not be "Ritz Carlton" because it makes approval tracking difficult. 2. Sidewalk & Dead Tree - The PBC (NAC) requested that the dead spruce tree on Durant Avenue be removed and the sidewalk widened. Engineering and Parks Departments are already working on this in response to an escrow draw -down request. This should be carried forward as a condition of any approvals for the current amendment request. 3. Traffic Impacts - The application does not quantify anticipated traffic impacts. There would probably be somewhat greater traffic impacts from the spaces being used for public use than there would have been if the spaces had been fully utilized for hotel guest uses. The impacts would not be sufficient to warrant recommending denial of the application. In the interim since the original land use approvals, the potential impacts have probably been compensated for by the City implementation of paid parking. The application may be correct in stating that approval might lessen traffic circulation in the commercial core by individuals looking for parking spaces. 1 4. Referrals - The application should be referred to the Parking and Transportation Office for comments such as possible effects on the City Parking Plaza operations. 5. Other - Is this an appropriate review to address the appearances of the frontage on Durant Avenue? The area is quite bleak. The space is in need of improvements such as lights, fixtures, benches, improved landscaping, decoratives, color, sculpture, fountains, maintenance. cc: Stan Clauson, Community Development Director Ferdinand Belz, Savanah Limited Partnership Joe Wells, Planning Consultant M95.202 2 P .. ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920 -5090 FAX# (970) 920 -5 439 November 7, 1995 Joe Wells 602 Midland Park Place Aspen, CO 81611 Re: Ritz - Carlton Parking Garage Conditional Use Review Case A100 -95 Dear Joe, The Community Development Department has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a Public Hearing to be held on Tuesday, December 5, 1995 at a meeting to begin at 5:00 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Department. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Dave Michaelson, the planner assigned to your case, at 920- 5100. Sincerely, Suzanne L. Wolff Administrative Assistant PUBLIC NOTICE RE: RITZ - CARLTON PARKING GARAGE CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 5, 1995 at a meeting to begin at 5:00 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Savanah Limited Partnership, requesting conditional use approval to use the excess capacity in the Ritz - Carlton parking garage for commercial parking. The property is located at 315 E. Dean St.; Lot 1, Aspen Mountain PUD /Subdivision. For further information, contact Dave Michaelson at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO 920 -5100 s/Sara Garton, Chair Aspen Planning and Zoning Commission fr ikywato 6t /8/°3" - Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920 -5090 I` lication Fee City Land Use App s: 00113- 63850 -041 Deposit p - 63855 -042 Flat Fee Z (� .�— f 63870 -0 _63860 -046 Zoning & Sign Permit -- MROI I Use Tax — County Land Use Application Fees: 00113- 63800 -033 Deposit — Flat Fee - _ 63805-03 - 63820 -03 Zoning Board of Adjustment C t 63825 -03 u i Referral Fees: County Engineer 00113 - 63810 -035 City Engineer — 00115- 63340 -163 y — — 00123- 63340 -190 Housing 00125- 63340 -205 Environmental Health — 00113 - 638 -036 County Clerk - — Sales: County Code - 0011 6900 - 4 Fees Copy 69000 -14 4't Other E Total - \ E., 9 � Date: 4/lilt Check: 2 7 Name: - - � l -- project: Address ^ — Case No: No. of Copies __�— Phone: