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Home My WebLink Aboutagenda.apz.20120207 AGENDA ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING TUESDAY, February 7, 2012 4:30 p.m. Sister Cities room 130 S. Galena Street, Aspen I. ROLL CALL II. COMMENTS A. Commissioners B. Planning Staff C. Public III. MINUTES IV. DECLARATION OF CONFLICT OF INTEREST V. PUBLIC HEARINGS — A. 700 E. Bleeker (Eagles Club) Conditional Use Amendment VI. OTHER BUSINESS A. Code Amendment Prioritization VII. BOARD REPORTS VIII. ADJOURN Next Resolution Number: 1'A. P1 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Jessica Garrow, Long Range Planner RE: 700 E Bleeker St: Conditional Use Review and GMQS Recommendation for an Essential Public Facility, — Resolution No. , Series 2012 — Public Hearing (Parcel 2737- 073 - 508 -03) DATE: February 7, 2012 APPLICANT /OWNER: STAFF RECOMMENDATION: Fraternal Order of the Eagles, Staff recommends the Planning and Zoning Aspen, CO. Commission deny the request. REPRESENTATTVE: SUMMARY: The applicant requests Conditional Use Sunny Vann, Vann Associates Review to memorialize 1,881 sq ft of basement space that has been rented to and used by a commercial LOCATION: catering company for 14 years. The Planning and Lot 3 of Creektree Subdivision, City Zoning Commission is asked to make a of Aspen, CO, commonly known as recommendation to City Council regarding GMQS 700 E Bleeker. allotments for an Essential Public Facility. CURRENT ZONING & USE R -6 PUD, Medium Density Residential. The Eagles Club qualifies as "an arts, civic and cultural use,'" which is permitted as a conditional use in the R -6 zone district. PROPOSED LAND USE: The applicant requests a conditional use approval to memorialize space which has been used by a commercial catering company for 14 years. Section 26.104.100 of the Aspen Municipal Code defines arts, cultural, and civic uses as "the use of land or buildings by non - profit, arts, cultural, religious, or public organizations such as a church, fraternal club, performing arts theatre...." Page - 1 - of 4 P2 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission: • Conditional Use Review for a commercial kitchen and catering operation pursuant to Land Use Code Section 26.425. (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). • Growth Management Review for an Essential Public Facility pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). • The Planning & Zoning Commission determines the number of employees generated pursuant to Land Use Code Section 26.470.100.1. BACKGROUND: Since 1901, the Fratemal Order of the Eagles has served both members and the general public through fundraisers and support for area non - profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. The Eagles received a conditional use approval to operate in their present location in 1977. This is an amendment to that conditional use approval. PROJECT SUMMARY: The Fraternal Order of the Eagles proposes to memorialize a commercial use in their basement. There is a commercial grade kitchen, which for the past 14 years has been rented to two different catering companies. The space is approximately 1,881 sq ft. The Growth Management Quota System is triggered because of the commercial nature of the space, which is different than the sole use of the space for a fraternal club as was approved in 1977. STAFF COMMENTS: CONDITIONAL USE REVIEW: A Conditional Use review is requested memorialize the use of the basement for a commercial kitchen rented to a commercial catering operation. There are currently a number of businesses that operate out of or use the space, including Conundrum Catering, Gourmet Girl to Go, as well as a number of vendors at the summer farmer's market. There have been no formal zoning complaints about any of the operations. There are adequate facilities to continue utilizing the space. Staff does not believe the use is appropriate given the Essential Public Facility designation. Similarly situated commercial businesses in town have been required to mitigate for their commercial space based on the land use code's commercial mitigation levels. Staff is concerned that approving a commercial use in an Essential Public Facility sets a precedent that creates an unequal playing field for local businesses. GROWTH MANAGEMENT REVIEW: A recommendation from the Planning and Zoning Commission for the employee generation rate of an Essential Public Facility is required. City Council then determines the mitigation rate. The proposal is to memorialize 1,881 sq ft of space 2 Pursuant to Section 26.104.100, Essential Public Facility is defined as " a facility which serves an essential public • purpose, is available for use by, or benefit of, the general public and serves the needs of the community." Page - 2 - of 6 P3 that has been used as by a commercial catering company for the past 14 years. Back Door Catering used the space for 2 years, and Conundrum Catering has used the space for the last 12 years. Conundrum Catering has 3 employees. If the typical commercial generation rates were used to calculate the number of FTEs generated Ity this space, the mitigation requirement should be about 3 FTEs. Staff recommends using the current number of employees (3) as the level of employee generation. No new affordable housing is proposed with this application — the applicant has requested that City Council waive any affordable housing mitigation requirements. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non - profits to use and /or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the use of Essential Public Facilities by an unassociated commercial business. REFERRAL AGENCY COMMENTS: The APCHA Board reviewed the application at their regular meeting held February 1, 2012. Due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, the Board recommended approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. RECOMMENDATION: Staff believes that a commercial grade kitchen is an expected aspect of any fraternal club. It provides a place for the organization to prepare food for member events, as well as for events that further the charitable mission of the organization. However, staff cannot support the use of an essential public facility for a commercial operation. Staff therefore recommends against the request. If the P &Z is supportive of the applicant's request, staff recommends the use of the commercial space be limited to regular Eagles operations and commercial establishments producing or wholesaling prepared food items with no on -site consumption, such as a catering company. This has been included in Section 1 of the Resolution. APCHA's comments have also been included in the Resolution. RECOMMENDED MOTION (ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No., Series of 2012, approving with conditions, the use of 1,881 sq ft of basement space at the Eagles Club for commercial use, with conditions, and recommending that City Council approve with conditions, Growth Management Review for an Essential Public Facility." 3 The space in question is 1,881 sq. ft. in size. If this were new commercial space, housing mitigation for 3.47 FTEs would be required (1,881sf / 1,000sf = 1.881sf; 1.881sf *3.075 FTEs = 5.78 FTEs; 5.78 FTEs * 60% mitigation = 3.47 FTEs). Page - 3 - of 6 P4 ATTACHMENTS: EXHIBIT A — GMQS Criteria EXHIBIT B — Conditional Use Criteria EXHIBIT C - APCHA Board Recommendation EXHIBIT D— Staff memo to P &Z for original Conditional Use approval, Dec 28, 1977 EXHIBIT E— Application Page - 4 - of 6 P5 RESOLUTION NO. _, SERIES OF 2012 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO THE FRATERNAL ORDER OF THE EAGLES CONDITIONAL USE TO USE 1,881 SQ FT OF BASEMENT SPACE FOR COMMERCIAL USE, AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKEk ST, LOT 3 OF CREEKTREE SUBDIVISION, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-073-508-03 WHEREAS, the Community Development Department received an application from the Fratemal Order of the Eagles, requesting approval of a Conditional Use amendment to allow 1,881 sq ft of their basement to be used for a commercial catering business, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS, the Applicant, Fratemal Order of the Eagles qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use ", in the R -6 Medium Residential Zone District; and, WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R -6 Medium Residential with a PUD Overlay; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2012, the Planning and Zoning Commission approved Resolution No._, Series of 2012, by a ( - ) vote; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, P &Z Resolution , Series of 2012 Page 1 of 3 P6 WHEREAS, the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Dimensional Standards Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions the ability to use the basement of the Fraternal Order of the Eagles (also known as the Eagles Club) as commercial net leasable space. The space can be used for regular operations of the Eagles Club, as well as by commercial operations limited to a commercial establishment producing or wholesaling prepared food items with no on -site consumption, such as a catering company. Section 2: Conditional Use Amendment The a Conditional Use Amendment is approved to allow the basement of the Eagles Club, measuring approximately 1,881 sq ft, to be used as commercial net leasable space, conditioned upon fulfilling all conditions imposed by City Council in their Growth Management Review for an Essential Public Facility. Section 3: Growth Management for Essential Public Facility The Planning and Zoning Commission has determined that the employee generation rate for the commercial use of the space is 3 employees. The APCHA Board and the Planning and Zoning Commission recommend City Council waive any Affordable Housing mitigation associated with the existing catering operation. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of February, 2012. P &Z Resolution , Series of 2012 Page 2 of 3 P7 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R. True, City Attorney LJ Erspamer, Chairman ATTEST: Jackie Lothian, Deputy City Clerk P &Z Resolution , Series of 2012 Page 3 of 3 P8 Exhibit A Sec. 26.470 Growth Management Quota System. (Review Criteria) Sec. 26.470.090.City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and /or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Finding: Pursuant to Section 26.104.100, Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use by, or benefit of the general public and serves the needs of the community." Since 1901, the Fraternal Order of the Eagles has served both members and the general through fundraisers and support for area non - profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. Staff finds that this criterion is met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: The Commercial Kitchen that is the subject of this review is currently rented to Conundrum Catering. They have three (3) employees. The Eagles use the rent to help support their overall charitable mission. They have stated that they could survive without the rent from Conundrum Catering, but that would mean they have reduced resources to maintain their building and carry out their mission. The applicant has requested that any affordable housing mitigation be waived. The space in question is 1,881 sq. ft in size. If this were new commercial space, housing mitigation for 3.47 FTEs would be required (1,881sf / 1,000sf= 1.881sf; 1.881sf *3.075 FTEs = 5.78 FTEs; 5.78 FTEs * 60% mitigation = 3.47 FTEs). Page 1 of 5 P9 Staff suggests using the current number of employees at Conundrum catering (3) be used as the generation rate. APCHA has reviewed the proposal and recommends approval of' the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non - profits to use and /or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the proposal without affordable housing mitigation because of the policy implications for Essential Public Facilities. Sec. 26.470.100. Calculations. A. Employee generation and mitigation. Whenever employee housing or cash -in -lieu is required to mitigate for employees generated by a commercial or lodging development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. Applicants may request an employee generation review with the Planning and Zoning Commission, pursuant to Section 26.470.110, Growth management review procedures, and according to the following criteria. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation. In establishing employee generation, the Planning and Zoning Commission shall consider the following: a. The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort economy. Staff Finding: The commercial grade kitchen that is the subject of this review is currently rented to Conundrum Catering. They have three (3) employees. If this were a commercial space, it would generate 5.78 FTEs and would require mitigation (at 60 %) for 3.47 FTEs. Staff recommends P &Z use the current number of employees at Conundrum Catering (3) for the employment generation number. Page 2 of 5 P10 b. Any unique employment characteristics of the operation. Staff Finding: The commercial grade kitchen and basement area has been used by a catering company for 14 years. The current business, Conundrum Catering, has 3 employees and has for the duration of its business. c. The extent to which employees of various uses within a mixed -use building or of a related off -site operation will overlap or serve multiple functions. Staff Finding: The commercial grade kitchen is located in the existing Eagles building and uses the existing services, including parking, trash and recycling, and delivery service area. d. A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. Staff Finding: If the commercial kitchen operation is abandoned, the space would continue to be used for charitable functions by the lodge. This is consistent with their Essential Public Facility status. e. Any proposed follow -up analyses of the project (e.g., an audit) to confirm actual employee generation. Staff Finding: The Housing Board has recommended approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. f. For lodge projects only: An efficiency or reduction in the number of employees required for the lodging component of the project may, at the discretion of the Commission as a means of incentivizing a lodge project, be applied as a credit towards the mitigation requirement of the free - market residential component of the project. Any approved reduction shall require an audit to determine actual employee generation after two (2) complete years of operation of the lodge. Staff Finding: Staff finds this criterion to not be applicable. Sec. 26.470.050. General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. Page 3 of 5 P11 B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi -year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: There is no specified number of allotments for Essential Public Facilities. The Eagles is requesting 1,881 square feet of Essential Public Facility space for their commercial kitchen. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The AACP does not address civic organizations. It does discuss the importance of maintaining places and opportunities for social interaction. The Eagles in general provides these opportunities through its charitable mission and activities with area groups. The commercial use of the space does not relate well to the AACP. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: The Eagles Club us part of the Creektree Subdivision and PUD, and is zoned R -6 PUD. The space is located within the existing building. The building conforms with the approvals and Arts, cultural, and civic uses are allowed as a conditional use. Approval for the conditional use is before P &Z for approval. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: Staff finds this criterion to not be applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60 %) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished Page 4 of 5 P12 pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6 — 2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30 %) of the additional free - market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ( "voluntary units ") may be deed - restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee /Square Footage Conversion. (Ord. No. 6 — 2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. The Housing Board recommends no affordable housing mitigation be required for the existing use of the space. If a different use (besides catering) were in the location, housing mitigation might be required. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1) Staff Finding: The catering use has been located on the property for 14 years, with Conundrum Catering operating there for the past 12 years. The city has not received any official complaints regarding the catering use during that period. Staff believes the space can handle the use, as well as the on -going charitable activities conducted by the Eagles. However, staff has some concerns related to additional businesses operating out of the space. The catering use is unique in that the prep work is done on -site, but the events are held off -site. There have been other businesses that attract traffic and users to the site. Staff is concerned this could result in increased demand on public infrastructure. Staff finds this criterion to be met for the catering use and the general Eagles operations. Page 5 of 5 P13 Exhibit B' 26.425 Conditional Use (Review Criteria) 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title; and Staff Response: The Fraternal Order of Eagles' (Eagles) facilities serve the members of the club as well as the Aspen community through various events and fundraisers. The Eagles is considered a fraternal club, which is a conditional use in the R -6 zone district. They received their original conditional use approval in 1977. This request is for a commercial kitchen. Staff believes a commercial kitchen is something that is to be expected in a fraternal club to meet their mission of assisting local charities and general operations of the club and member meetings. Staff believes the kitchen use itself is consistent with what is expected in a fratemal club, and is consistent with the intent of the zone district. The kitchen itself meets requirements of the building code and all aspects of title 26. However, staff does not believe that a commercial operation in an Essential Public Facility meets the intent or purpose of the zone district or the Land Use Code. The commercial kitchen is currently rented by Conundrum Catering, who provides food for Eagles events, as well as for their outside catering business. Commercial uses are permitted in many locations throughout town. Staff cannot support a commercial operation in an Essential Public Facility because of the potential precedent it sets with regard to Growth Management. Similarly situated businesses have had to mitigate for their employees based on the mitigation levels outlined for commercial uses in the Growth Management Code. The AACP does not relate well to this review, as it does not discuss the use of Essential Public Facility space by a commercial operation. It does discuss the importance of maintaining places and opportunities for social interaction. The Eagles in general provides these opportunities through its charitable mission and activities with area groups. The commercial use of the space does not relate well to the AACP. Staff finds this criterion is not met. 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 Staff Response: The Eagles has occupied the site since 1977, and has housed a catering operation for the last 14 years. This conditional use is consistent and compatible with the Page 1 of 2 P14 residential neighborhood and enhances the mixture of activities in the R -6 zone district without adversely affecting the neighborhood's integrity. Staff finds this criterion is met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Response: The proposed conditional use application seeks to memorialize an existing use. The commercial kitchen comprises 1,881 sq. ft. of net leasable space. The area has been used for the past 14 years by a catering company, who provides catering for Eagles events and for their own business purposes. The catering business operates from 8am — 10pm, and conducts a majority of its business on weekends. All the catering equipment is stored on premises, and the business uses the Eagle's service delivery area and trash and recycling. There are no visual impacts associated with the use, as it currently exists in the building's basement. The catering use has operated without any official complaints to the city regarding adverse impacts. Staff has some concerns that the increased use of the catering kitchen by other business that might draw traffic and users to the site could have a negative impact on the neighborhood. Staff finds that if used for catering purposes as it has been for the past 14 years, there are minimal impacts on the neighborhood and criterion c is met. 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 Staff Response: The use is currently served by adequate public facilities. Staff finds that criterion d is met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Response: The applicant has requested to be reviewed as an Essential Public Facility and that affordable housing mitigation be waived. This is the subject of a separate review — the P &Z determines the number of employees generated, and City Council determines the mitigation level. Staff finds that this criterion is met, subject to City Council's growth management review. Staff recommends the Conditional Use approval be conditioned upon fulfilling any mitigation requirements imposed by City Council. Page ThNiii0 C2 P15 MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager THRU: Tom McCabe, APCHA Executive Director DATE: February 1, 2012 RE: Fraternal Order of Eagles Conditional Use Amendment ISSUE: The applicant is requesting approval to be determined as an "Essential Public Facility" which would permit the operation of the kitchen to be exempt from the City's growth management quota system (GMQS) competition and waiver of the affordable housing mitigation requirements. BACKGROUND: The Eagles Club ( "Club ") building contains a commercial grade kitchen in the basement, which is used to provide food service for Club members and various Club events. The last 14 years, the kitchen has been leased to two catering companies — Back Door Catering for the first two years and Conundrum Catering for the last 12 years. Conundrum Catering does have a City of Aspen business license and its use in the Club kitchen has been regularly inspected by the City's Environmental Health Department. The Community Development Department ( "ComDev ") determined that the leasing of the building's kitchen to caterers is inconsistent with the conditional use approval; therefore, the Club must either stop leasing its kitchen or apply for a conditional use amendment. ComDev further determined that growth management approval is also required if the kitchen is to continue to be leased for commercial purposes. The basement's net leasable area totals approximately 1,881 square feet; however, this square footage includes a mechanical room, storage area, along With the kitchen and associated preparation area as well. DISCUSSION: Conundrum Catering is a seasonal business which operates within the Club during the hours of 8:00 a.m. to 10:00 p.m. Approximately 75% to 80% of its business is conducted on the weekends. Its activities are essentially limited to eight months a year — four months in the summer and four months in the winter. Conundrum Catering also provides food serve for the Club members and its various special events. Conundrum Catering has three employees — company's owner, Kip Feight; its chef; and its catering manager. Contract labor (e.g., waiters, bartenders, etc.) utilized for catered events is obtained from the community's extensive pool of restaurant employees. No additional employees will be generated as a result of the requested conditional use approval. Fraternal Order of Eagles Conditional Use Amendment Page 1 P16 The primary goal of the Club is to be charitable to the local community. If a charitable group approaches the Club for an event, it is provided free of charge. Upon a recommendation by ComDev, City Council may assess, waive or partially waive affordable housing mitigation requirements. The Club is requesting that affordable housing mitigation not be required in connection with Conundrum Catering's leasing of its kitchen. The applicant believes that no reasonable ability exists to provide such mitigation within its building or to make a cash -in -lieu payment. If the mitigation requirement is not waived, the Club will have no other option but to cease the leasing of its kitchen for catering purposes. MITIGATION: An Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use or benefit of the general public, and serves the needs of the community." ComDev has deterred that the Club is eligible to be considered as such a facility. The City Council has the option of waiving affordable housing mitigation requirements for an Essential Public Facility, although the Code does not exempt an applicant from the mitigation requirement. The mitigation requirement would be as follows: 4.1 FTE's per 1,000 square feet with a 25% reduction for below grade space 1,881 ± 1,000 = 1.88 4.1 X 25% reduction = 3.1 1.88 X 3.1 = 5.83 FTE's X 60% = 3.5 required mitigation RECOMMENDATION: The APCI-IA Board reviewed the application at their regular meeting held February 1, 2012, and due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, Staff recommends approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. 1 Fraternal Order of Eagles Conditional Use Amendment Page 2 ibii P„ M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Planning Staff (BK) RE: Conditional Use Hearing for the Eagles Building DATE: December 28, 1977 - -- At Tuesday's meeting you will be conducting a public hearing to consider the grant of conditional use for the Eagles Building at the location of Spring Street and Sleeker Street extended. As you will recall, you did review this building in some detail within the context of the Creektree Subdivision earlier this year. However, upon the second check, we discovered that fraternal organizations were permitted only as conditional uses in the Rio Grande Specially Planned Area which covers the area to be traded to Andre Ulrych for purposes of the additional exchange to the Eagles for the construction of the Eagles Building. While the building concept and location were approved during the Creektree review, technically no action was taken on grant of conditional use, so at Tuesday's meeting we are formally conducting a hearing to clear that part of the process as required by the City code. Again, this is required because the land to be traded to Andre was originally part of the overall City -owned SPA and, if you will recall, during that SPA process, we listed fraternal organizations as uses permitted only as conditional uses. Under Section 24 -3.3 of the Municipal Code and in Section (d) you are to consider the general compliance of the application with (1) all requirements imposed by the zoning code, (2) compatibility with the objectives and purposes of the zoning code, and (3) compatibility with the surrounding area. In considering the building for compatibility with zoning in the surrounding area, there are several key factors that should be considered: (1) is the building size (FAR) and its relationship to the surrounding area, (2) is the relationship of parking to the building, and (3) is adequacy of circulation, landscaping and general site design. The building as proposed consists of three stories, two above grade, with a total building area of 7,900 square feet. The plans call for the provision of 16 parking spaces with access directly off of Spring Street. During the Creektree Sub- division reviews, the subject of parking and building size were discussed and while the 16 spaces shown represents a parking supply at somewhat below typical commercial standards in the City, a variance to the normal parking requirements was enabled by virtue of the site being located within a Specially Planned Area which allowed the parking to be regulated and varied in accordance with the submission of a detailed plan. Representatives of the Eagles presented information to suggest why 16 spaces were adequate and this reasoning mainly dealt with the proximity of the facility to the downtown area and the high level of walk -in traffic. While this review is largely a formality, there are two small detailed questions that remain unresolved and we would recommend clearing these areas up as a result of the conditional use process. The first is a need for more specific detail on the treatment of the bank which drops off into the Roaring Fork River on the north side of the proposed parking lot. The plans show this parking lot to be overhanging the bank which suggests cribbing, filling, etc. • 3 .. P18 Memo to Aspen Planning and Zoning Commission December 28, 1977 Page 2 and we would recommend that additional detail. be provided to the Building Inspector on actual construction specs for this retaining wall. Our objective here is to avoid the large concrete retaining wall kind of design. Such a wall would constitute a visual blight for all the residents living across the river, including Smuggler Mountain and Oklahoma Plats. A much more aesthetically pleasing design could be accomplished with the use of natural materials, i.e. boulders, railroad ties, and landscaping which would grow over the years and form a nice vegetative cover for the bank. Plans as submitted to the Building Inspector at this point show only general language which says cribbing. We don't feel that the application should be held up pending more detailed plans, but that simply PSZ should make a condition of their approval the showing of a detailed plan with materials and landscape materials to be submitted to the Building Inspector prior to building permit issuance. We would also like to see a commitment to landscape the islands within the parking lot. These islands exist at the north and south sides of the driveway entrance to the parking lot. Even though parts of these island are within the right -of -way for Spring Street we would like to see the developers provide some landscaping for those areas. The Eagles Building itself appears to be set back sufficiently far from the top of the bank so as not to require retention, but should any disruption to the bank take place from the construction of the Eagles Building, I would also recommend use of natural materials and cribbing and retention. We feel that the design is essentially compatible with the surrounding area given the fact that the Obermeyers and an assortment of service commercial industrial buildings exist to the immediate west of this site. Concept 600 is immediately northwest of the site, and land immediately south is zoned REF and at some point will permit buildings up to 28 feet in height. The building proposed here is approximately 26 feet high and with its limitation to two floors above grade will fit the scale and character of the neighborhood. With conditions for more detail in the landscaping of the bank and landscaping the parking area, we recommend approval of the Eagles Building. We will have detailed drawings of the building to show choice of materials amassing scale, color, etc. at your meeting on Tuesday. BK:mc VANN ASSOCIATES, LLC Planning Consultants November 10, 2011 HAND DELIVERED 2� �O Ms. Amy Guthrie uc �F lF Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Fraternal Order Of Eagles Conditional Use Amendment Dear Amy: Please consider this letter an application for a conditional use amendment to permit the operation of a commercial kitchen in the Fraternal Order of Eagles (hereinafter "Eagles Club ") building which is located at 700 East Bleeker Street in the City of Aspen (see Exhibit 1, Pre - Application Conference Summary, attached hereto). The application also requests that the Eagles Club be determined an "Essential Public Facility" to permit the operation of the kitchen exempt from the City's growth management quota system ( "GMQS ") competition and affordable housing require- ments. The application is submitted pursuant to Sections 26.425.080 and 26.470.090.4. of the Aspen Land Use Regulations (the "Regulations ") by the Eagles Club, the owner of the property (see Exhibit 2, Title Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Eagles Club is attached as Exhibit 3. A land use application form, an application fee agreement, and a list of property owners located within 300 feet of the Eagles Club property are attached as Exhibits 4, 5 and 6, respectively. Background The Eagles Club building is presently located on Lot 3 of the Creektree Subdivi- sion/PUD (see First Amended Plat, Exhibit 7). The subdivision consists of four lots and a public park parcel (i.e., Newberry Park), and was originally approved by the City in November of 1977. Prior to approval, the area of the subdivision comprising Lot 3 was owned by the City. In connection with the approval, the subdivision's developer, Andre Ulrych, conveyed the park parcel to the City in exchange for Lot 3. P.O. Box 4827 • Basalt, Colorado 81621 • 970/925 -6958 • Fax 970/920 -9310 vannassociates@comcast.net Ms. Amy Guthrie November 10, 2011 Page 2 He then conveyed Lot 3 to the Eagles Club in exchange for their original building which was then located at 312 South Galena Street. The present Eagles Club building was constructed by Mr. Ulrych and conveyed to the Eagles Club as a condition of his acquisition of their Galena Street property. At the time, Lot 3 was zoned SPA, Specially Planned Area, as was the neighboring City owned Rio Grande property. The caseload files for the Creektree Subdivision indicate that the then SPA regulations permitted a "fraternal club" as a conditional use in the SPA zone district. Conditional use approval for the new Eagles Club building was granted by the Planning and Zoning Commission ( "P &Z ") on January 3, 1978 (see P &Z minutes, Exhibit 8). While the minutes reflect the imposition of various conditions related to the design of the building, no conditions were imposed with respect to the operation of the Eagles Club itself. A P &Z resolution memorializing the approval has not been located. The Eagles Club building contains a commercial grade kitchen in its basement which is used to provide food service for Club members and various Club events. For the last fourteen years the kitchen has also been leased to two separate catering compa- nies, two years to Back Door Catering and twelve years to Conundrum Catering, the present tenant. Conundrum provides the Eagles Club's food service and catering services for various private clients. Conundrum Catering operates pursuant to a City business license and its use of the Eagles Club kitchen has been regularly inspected by the City's Environmental Health Department. As the Pre - Application Conference Summary indicates, the Community Development Department ( "COMDEV ") has determined that the leasing of the building's kitchen to caterers is inconsistent with the Eagles Club's conditional use approval as no refer- ence to such use is reflected in the P &Z's minutes. As a result, the Eagles Club must either stop leasing its kitchen or apply for a conditional use amendment. COMDEV has further determined that growth management approval is also required if the kitchen is to continue to be leased for commercial purposes. Existing Conditions As the attached Improvement Survey illustrates (see Exhibit 9), Lot 3 contains approximately 0.5 acres. Lot 3 is presently zoned R -6 (PUD), Medium - Density Residential, Planned Unit Development, as is Lots 2 and 4 of the Creektree Subdivi- sion/PUD. Lot 1 is zoned R -30 (PUD), Low - Density Residential, and the park parcel is zoned P, Park. Arts, Cultural and Civic uses, which by definition include fraternal clubs, are conditional uses in the R -6 zone district. As discussed above, the Eagles Club is located on Lot 3. Lots 2 and 4 abut the park and Lot 3, respectively, and are Ms. Amy Guthrie November 10, 2011 Page 3 accessed from Spring Street. Lot 1 contains a single - family residence, is located across the Roaring Fork River from the park, and is accessed from Bay Street. The Eagles Club building is a two story masonry structure with a full basement. The basement contains a mechanical room, kitchen, and associated preparation and storage areas. The basement's net leasable area totals approximately 1,881 square feet. The building's main level contains a bar and an informal gathering /dining area (a /k/a, the "Social Room ") while the upper level contains the Eagles Club's formal meeting room. As the attached floor plans illustrate (see Exhibit 10), the building contains approximately 5,001 square feet of floor area of which approximately 399 square feet is located in the basement; 2,608 square feet is located on the main level; and the remaining 1,994 square feet is located on the building's upper level. There is no floor area limitation, however, for fraternal clubs in the R -6 zone district. A building envelope for the Eagles Club building is depicted on the original Creektree Subdivision plat. As the improvement survey illustrates, all of the existing building except its northeast corner lies within the designated envelope. Portions of a wood deck which abuts the building's north elevation are also located outside the designated envelope. Additional structures on Lot 3 are limited to an enclosed trash storage area and an unenclosed stairway that provides pedestrian access from the building to the adjacent park. An on -site surface parking area is located at the front of the building. Vehicular access to the parking area is also provided from Spring Street which abuts Lot 3 and 4's western property line. Based on the R -6 zone district's dimensional requirements, Lot 3 is a conforming lot as its size exceeds the district's minimum lot size of 6,000 square feet. As the Improvement Survey illustrates, the building also appears to be conforming with respect to the district's minimum lot width and front and rear yard setback require- ments. It is unclear, however, whether the building complies with the district's minimum side yard setback requirement and maximum height limitation. Review Requirements The requested amendment is subject to conditional use review and review pursuant to the GMQS regulations as an Essential Public Facility. These review requirements are addressed in the following sections. 1. Conditional Use Pursuant to Section 26.425.080.B. of the Regulations, the proposed amendment to the Eagles Club's conditional use approval is subject to P &Z review Ms. Amy Guthrie November 10, 2011 Page 4 and approval. The specific review standards, which are contained in Section 26.710. 040. C.1., and the proposed commercial kitchen's compliance therewith, are summa- rized below. 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. The Eagles Club and the use of its kitchen for catering purposes is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan. A fraternal club is a conditional use in the R -6, zone district, and COMDEV has indicated that a commercial kitchen is within the types of activities that could be anticipated at such a facility (see Exhibit 11). 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 activi- ties in the vicinity of the parcel proposed for development. As discussed previously, the Eagles Club kitchen has been utilized for catering purposes by various catering companies for the last fourteen years. The caterers have also historically provided food service for the Eagles Club's members and its various special events. The use of the Eagles Club's kitchen for catering purposes is consistent and compatible with both the Eagle Club and with surrounding land uses. The adjacent Obermeyer Place development contains numerous and diverse neighborhood commercial uses in addition to a residential component. c) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, im- pacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Conundrum Catering is a seasonal business which operates from within the Eagles Club's building during the hours of 8:00 AM and 10:00 PM. Approxi- mately 75 to 80 percent of its business is conducted on weekends. The catering company's business equipment and supplies are stored on the premises. Food and beverage delivery service is via the Eagles Club's parking lot and the building's rear entrance. Waste materials and recyclables are disposed of in the on -site trash area. Trash and recycling pickup occurs weekly and is paid for by Conundrum Catering. No significant adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, vibrations and odor on sur- Ms. Amy Guthrie November 10, 2011 Page 5 rounding properties are believed to occur as a result of the catering company's operations, and no complaints with respect thereto are believed to have been received during the company's occupancy of the building. 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. Existing public facilities and services are adequate to permit the use of the Eagles Club's kitchen for commercial catering purposes. As discussed above, the Eagles Club's kitchen has been utilized for catering purposes for the last fourteen years. e) The Applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Pursuant to Section 26.470.100.A.1. of the Regulations, the employee generation of Essential Public Facilities is to be established by the P &Z upon consid- eration of the following. i) The expected employee generation of the use consider- ing the employment generation pattern of the use or of a similar use within the City or a similar resort economy. Conundrum Catering has three employees consisting of the company's owner, Kip Feight; its chef; and its catering manager. Contract labor (e.g., waiters, bar tenders, etc.) is utilized for catered events and is obtained from the community's extensive pool of restaurant employees. The company's owner and chef both own their own homes. The catering manager presently lives in rental housing. Conundrum Catering has operated from the Eagles Club's kitchen for over a decade. No additional employees will be generated as a result of the requested conditional use approval. ii) Any unique employment characteristics of the opera- tion. Conundrum Catering is a seasonal business. Its catering activities are essentially limited to eight six months a year, four months in the summer and four months in the winter. Ms. Amy Guthrie November 10, 2011 Page 6 iii) The extent to which employees of various uses within a mixed -use building or of a related off -site operation will overlap or serve multiple functions. Conundrum Catering provides regular food service for the Eagles Club's members and for it special events. iv) A proposed restriction requiring full employee mitigation upon vacation of the type of business acceptable to the Planning and Zoning commission. The Eagles Club will agree to an approval condition which addresses the above requirement. v) Any proposed follow -up analyses of the project (e.g., and audit) to confirm actual employee generation. The Eagles Club will agree to an approval condition which addresses the above requirement. As discussed below, the Eagles Club requests that the use of its kitchen for catering purposes by Conundrum Catering be exempted from affordable housing mitigation. 2. Growth Management Pursuant to Section 26.470.090.4. of the Regulations, the City Council may exempt an Essential Public Facility from the City's growth management competi- tion process and associated affordable housing mitigation requirements. The applica- ble review criteria, and the proposed conditional use amendment's compliance there- with, are summarized below. a) The Community Development Director has determined the primary use and /or structure to be an essential public facility. Accessory uses may also be part of an essential public facility. Pursuant to Section 26.104.100, an Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use or benefit of the general public, and serves the needs of the community ". As Exhibit 11 indicates, COMDEV has determined that the Eagles Club is eligible to be considered such a facility. Ms. Amy Guthrie November 10, 2011 Page 7 The Fraternal Order of Eagles, Aerie #184 was founded on November 15, 1901. The Eagles Club current has 174 members, and membership is open to the general public. To join, an applicant fills out a pledge form and pays a onetime fee of $25.00. The form is reviewed by an investigating committee and, if approved, the applicant is initiated at a predetermined date. Membership dues are $50.00 per year thereafter. The Eagles Club has had a rich membership history including the Puppy Smith family, the Newberry family (which the City's Newberry Park was named after), former Pitkin County Commissioner Fred Crowley, and many other prominent local citizens. Membership currently consists of a broad spectrum of the community, includes members aged 21 to 90, and is both coed and multi - ethnic. The primary goal of the Eagles Club is to be charitable to the Local community. If a group has a charitable cause, the Eagles Club's social room is made available to the group free of charge for their event. For example, The Shining Stars organization recently held a very successful event at the Club for which Conundrum Catering donated the food. The Mother Puckers and numerous other organizations also use the Eagles Club for their charitable events. In addition, the Club has held carwashes to raise money for various local charities. The Club raised nearly $4,000. 00 for the local chapter of the Multiple Sclerosis Society via such carwashes and has donated to The Right Door, Visiting Nurses, Heritage Park, Consumer Advocates, the Roaring Fork Veterans' History Project, a homeless shelter, and numerous other organizations. An additional goal of the Eagles Club is to preserve the 110 year -old presence of this important national fraternal order in Aspen. The Fratemal Order of Eagles has nearly 4,000 Aeries in the United States and Canada. The national office in Ohio gives millions annually to charities. The Aspen Aerie is a Federal Schedule 990 non - profit organization and is supported by proceeds from its social room, membership dues, and from Conundrum Catering's monthly rental payment. While the Eagles Club could survive without Conundrum's rent, they would have significan- tly less revenue to devote to the maintenance of their building and to their charitable endeavors. b) Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline but each operation shall be analyzed for its unique employee needs pursuant to Section 26.470.100, Calculations. Ms. Amy Guthrie November 10, 2011 Page 8 Given the Eagles Club's extensive charitable activities within the community, the financial benefit derived from the leasing of its kitchen which helps to support these activities, and the fact that Conundrum Catering's limited number of employees are presently housed, the Eagles Club respectfully requests that affordable housing mitigation not be required in connection with Conundrum Catering's leasing of its kitchen. No reasonable ability exists to provide such mitigation within its Club building or to make a cash -in -lieu payment therefor. Absent the City Council's waiver of the mitigation requirement, the Eagles Club will have no other option but to cease the leasing of its kitchen for catering purposes. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN / AS q LLC Sunn . nn SV:cwv Attachments cc: Geoff McIntyre, Fraternal Order of Eagles Kip Feight, Conundrum Catering d: \oldc \bus \city.app \app57511.cul EXHIBIT CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970.429.2758 DATE: 08/02/2011 PROJECT: Eagles Club, 700 E. Bleeker Street, Creektree Subdivision, Lot 3 REPRESENTATIVE: Sunny Vann, Vann Associates, LLC, 925 -6958 OWNER: Fraternal Order of Eagles TYPE OF APPLICATION: Amendment to a Conditional Use Review, GMQS Review as Essential Public Facility DESCRIPTION: In 1978, City Council approved the creation of a Planned Unit Development and Subdivision called Creektree. Creektree Subdivision contains 4 lots and a public park. Lot 1 is a single family home, Lot 2 contains 2 duplexes, Lot 3 was improved by the original developer with a Fraternal Lodge building, which was then conveyed to the Eagles Club. Lot 4 was not developed, but provided access to Lot 2. A portion of the Subdivision was deeded to the City of Aspen as Newbury Park. The approval process included action by the Planning and Zoning Commission to grant Conditional Use approval for the Eagles Club. This was necessary because the zoning for the subdivision is R-6, and the only uses permitted by right are residential. No specifics about the operation of the Club were discussed in the approval. For the past several years, the Eagles Club has leased its commercial kitchen to several local caterers not otherwise associated with the club. This has been determined to be inconsistent with the Conditional Use approval. The Eagles Club must either stop leasing the kitchen, or apply for an amendment to the Conditional Use and seek Growth Management approval as described below. First, the applicant will request the Community Development Director determine the Eagles Lodge an Essential Public Facility under Section 26.470.090.4 of the Municipal Code. An Essential Public Facility (EPF) serves an essential public purpose, is available for use by or the benefit of, the general public and serves the needs of the community. This status would exempt the property from the Growth Management competition process. The Planning and Zoning Commission will review the Conditional Use amendment, to allow for the commercial kitchen, at a public hearing. Typical considerations are consistency with the surrounding neighborhood, and prevention of adverse impacts on the neighborhood. P&Z will also perform an Employee Generation Review and be asked to make a recommendation to City Council. Council will verify the property's Essential Public Facility status and determine if affordable housing mitigation should be entirely waived, or provided and to what extent. Below are links to the Land Use Application Form and Land use Code for your convenience. Land Use App: http: / /www.aspenpitkin.com /Portals /O /docs/ City /Comdev/ Apps %20and %20Fees /landuseappform. pdf Land Use Code: http: / /www. aspenpitkin. com /Departments /Comm units- Development/Pla nninq- and- Zoninq/Title- 26 -Land- Use -Code/ Community Development is willing to allow the two existing caterers who have business licenses for the space, Conundrum Catering and Mavaki Ethiopian Cuisine, to continue operation until the review process to legalize the situation is completed, with the condition that the application is brought in and pursued in a timely manner. We have indicated to them that their licenses are good until at least January 1, 2012, but may be discontinued after that time. No other caterers will be issued business licenses for this location unless the Conditional Use and GMQS issues are resolved. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.425.040 Standards applicable to all conditional uses 26.425.080 Other amendments to a Conditional Use Review 26.470.050 General Requirements, GMQS 26.470.090.4 Essential Public Facilities, City Council applications 26.470.100 Calculations 26.470.110 Growth Management Review Procedures Review by: Community Development Staff, Planning and Zoning Commission, City Council. Public Hearing: Yes, at the Planning and Zoning Commission and City Council Planning Fees: Major Application: $4,410.00 This includes fourteen billable hours of staff time. Additional hours, if needed, will be billed at $315 per hour. Total Deposit (P8Z): $4,410.00 Total Number of Application Copies: 20 To apply, submit the following information I 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. Cl 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 Proof of ownership, and a letter from the owner or owners representative consenting to the application. I A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. Q Completed Land Use application and signed fee agreement. O An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. n 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. I] Elevation drawings or "before and after" photographs /drawings simulating and specifying the location and design of the operation. Copies of all past planning approvals. 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. EXHIBIT COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 26, 2008 at 8:00 AM Case No. PCT219451.2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: FRATERNAL ORDER OF THE EAGLES, AERIE #184 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3, CREEKTREE SUBDIVISION, according to the Plat thereof recorded February 14, 1978 in Plat Book 6 at Page 83 and the First Amended Plat Creektree Subdivision, recorded June 21, 1995 in Plat Book 37 at Page 54. PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970 - 925 -1766 Phone/970 -925 -6527 Fax unless the Insuring 877- 217 -3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: EXHIBIT 7 November 9, 2011 Ms. Amy Guthrie Community Development Department 130 South Galena Street • Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Guthrie: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for a condition- al use amendment for the Fraternal Order of Eagles. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, FRATERNAL ORDER OF EAGLES Geoff c re, Trustee/ c: \o Idc \bus\c ity. It r\ Itr57511. ag 1 EXHIBIT LAND USE APPLICATION APPLICANT: AX -17 AX1 7 c ern4'T c e.4S Location: 7-ac: el-sr/5S $T (Indicate street address, lot & block number, le : al description where as . ro. riate) Parcel ID # (REQUIRED) 7 3 0 REPRESENTATIVE: / ' ' ' / Name: Y� YiC /Y �iy Address: !r d. /3c W 1,8e cr GO 8/4 e-/ Phone #: �� G na PROJECT: Name: �j Q/L /l Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ MQS Allotment ❑ Final SPA (& SPA Amendment) El Historic Demolition • GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) s in PROPOSAL: (description of proposed buildings, uses, modifications, etc.) SIC& 4/ /c 9 rat,/ HayE you attached the following? FEES DUE: $ 551/ ❑'A e- Application Conference Summary ttachment #l, Signed Fee Agreement #S/4Q Response to Attachment #3, Dimensional Requirements Form [ ✓Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Ag reement for Payment of Citv of Aspen Development Application Fees ��e !' CITY OF ASPEN (hereinafter CITY) and /mil r'e'Tee r �" ` ac ex (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has ,witted to QTY an ap icat eSe ea e c r "ia 7/! e. G.� G csY (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a 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 Planning Commission and/or City Council to enable the Planning Commission and /or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a�eJyrjtination of applicatio completeness, APPLICANT shall pay an initial deposit in the amount of $�f�'/ which is for 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 $220.00 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 been paid. CITY OF ASPEN APPLICANT P B By: IC DLL 4t / 1.1/ Chris Bendon Community Development Director Date: 1i - 1.f ! 1 Billing Address and Telephone Number: Required C ,t f 57' co A/C// es g:\ support \forms \agrpayas.doc 11/30/04 EXHIBIT Easy Peel® Labels 1 A MOM Bend along line to 1 1 CO Use Avery® Template 5160® j Feed Paper expose Pop -up Edge", j a 311 ASPEN LLC AARON ROGER S & VIRGINIA A ALLEN RONALD W REV TRUST 2317 PENNSYLVANIA AVE 45 BIRCHALL DR 50 SW 137TH AV WILMINGTON, DE 19806 SCARSDALE, NY 10583-0000 BEAVERTON, OR 97006 ANDERTON JAMES L ASPEN LEGACY LLC ASPEN PCI) 010 HOLDINGS LLC 100 OBERMEYER PL #4101 17740 E HINSDALE AVE PO BOX 11600 ASPEN, CO 81611 FOXFIELD, CO 80016 ASPEN, CO 81612 ASPEN RIO LLC ASPEN RIVER PARK LLC ATWOODSTANFORD H JR & PAMELA S 520 S MAIN ST # 178 8200 DOUGLAS AVE #300 LIVING TRUST GROVE, OK 74344 DALLAS, TX 75225 16125 GREENWOOD LN MONTE SERENO, CA 95030 BALLINGER ELIZABETH F BECKWITH DAVID E QPRT BECKWITH NATALIE B QPRT PO BOX 10205 1800 N PROSPECT AVE APT 16E C/O FOLEY & LARDNER ASPEN, CO 81612 MILWAUKEE, WI 532023073 7 7 7 E WISCONSIN AVE MILWAUKEE, WI 53202 BENNETT ROBERT R & DEBORAH J BERG KRISTOFOR BERLIN JAMES TRUST 10900 HILLTOP RD 102 FOUNDERS PL #202 1795 BROOKWOOD DR PARKER, CO 80134 ASPEN, CO 81611 AKRON, OH 44313 -5070 BLUE PINTO LLC BIG BOY LLC BOMBA LAURIE A REV TRUST CIO CLARK TREDER 106 S MILL ST #202 5601 HIGH DR ASPEN, CO 81611 101 N SPRING ST #3205 MISSION HILLS, KS 66208 ASPEN, CO 81611 BORCHERTS HOLDE H TRUSTEE BOSELY MARY ANNE BRANDON BETH 1555 WASHTENAW PO BOX 26 101 N SPRING ST #107 ANN ARBOR, MI 48104 WOODY CREEK, CO 81656 ASPEN, CO 81611 BROUGH STEVE B & DEBORAH A BULKELEY RICHARD C & JULIE J CALCOTT JOHN R 599 TROUT LK DR PO BOX 450 7800 LOMAS BLVD NE SANGER, CA 93657 RED OAK, IA 51566 ALBUQUERQUE, NM 87110 CALDWELL CHARLES & DEBRA CALHOON THOMAS C CARVER JOHN & MARCIA L 514E BRYAN ST 1400 SCENIC DR #3 OFFICE INC G BOX D BETTENDORF, GA 31401 AUSTIN, TX 78703 DEVILS GLEN ETTENDORF, IA 52727 220010 CITY OF ASPEN CLANCY J ANTHONY & DEBORAH COHEN NANCY C REV TRUST 85% INT ATTN FINANCE DEPT 3605 TUXEDO CT 2026 N MOHAWK 130 S GALENA ST ATLANTA, GA 30305 CHICAGO, IL 60614 ASPEN, CO 81611 Easy Peel® Labels 1 ♦ 1 Bend along line to 1 Q AVERY® 5160 i Use Avery® Template 5160® j Feed Paper expose Pop -up EdgeTM j • CONCEPT 600 LLC COPPOCK RICHARD P CROUSEN GUINN D TRUST PO BOX 2914 PO BOX 44 4435 BUENA VISTA ST BASALT, CO 81621 DEXTER, MI 48130 DALLAS, TX 752054118 CRUMMER KLEIN TITLE TRUST 2008 DIXIE DOG VENTURES LLC DML REALTY LLC 1305 N BEVERLY DR 1690 HOMESTAKE DR PO BOX 305 BEVERLY HILLS, CA 90210 ASPEN, CO 81611 CHAVIES, KY 41727 DONAHUE ELIZABETH DORAN RALPH EISENSTAT ALBERT & CONSTANCE 102 FOUNDERS PLACE #2302 2600 WOODWARD WAY 358 WALSH RD ASPEN, CO 81611 ATLANTA, GA 30305 ATHERTON, CA 94027 ELDEN RICHARD & GAIL M EMPHASYS SERVICE COMPANY FELDMAN JONATHAN 2430 LAKEVIEW AVE - #115 1925 BRICKELL AVE BLDG D 101 N SPRING ST #104 CHICAGO, IL 60614 PENTHOUSE 11D ASPEN, CO 81611 MIAMI, FL 33129 FICKE FAMILY REV TRUST FORTIER TIMOTHY FULLERTON RICHARD B 15 W ARRELLAGA ST #3 601 RIO GRANDE PL #102 35 SYCAMORE AVE SANTA BARBARA, CA 93101 ASPEN, CO 81611 MILL VLY, CA 94941 G & G CORPORATE OFFICES LLC GAGNON BEN GALANTER YALE & ELYSE 2520 S GRAND AV # 114 PO BOX 4381 525 S ANDREWS AVE GLENWOOD SPGS, CO 81601 ASPEN, CO 81612 FT LAUDERDALE, FL 33301 GERSHMAN JOEL & ELAINE GILKERSON LINDA REV TRUST 50% GLATHAR KIMBERLY J 120 N SPRING ST 1449E 56TH ST PO BOX 12197 ASPEN, CO 81611 ASPEN, CO 81612 CHICAGO, IL 60637 GOLDFEIN MICHAEL 85% GRAHAM NARELDA GREENBERG DEAN GOLDFEIN PAMELA J 15% 101 N SPRING ST #203 PO BOX 129 1724 BRAESIDE LN ASPEN, CO 81611 NEWPORT, MN 55055 NORTHBROOK, IL 60062 GRW RIO GRANDE PROPERTY LLC GWM PROPERTIES LLC HAAG MATTHEW R PO BOX 4491 PO BOX 4146 PO BOX 4446 ASPEN, CO 81612 ASPEN, CO 81612 ASPEN, CO 81612 HAUSER MARY JANE HEYS MARIE L TRUSTEE HICKS GILBERT W & PATSY K 1540 BOHNS POINT RD 2495 ADARE 3674 WOODLAWN TERRACE PL WAYZATA, MN 55391 ANN ARBOR, MI 48104 HONOLULU, HI 96822 4`rinoetfee facile; A oeler 4 _ Repliez 5 la hachure aft de 1 www.avery.com 1 Easy Peel® Labels i • ® Bend along line to I AVERY® 5160 i Use Avery® Template 5160® d Feed Paper expose Pop -up EdgeTM 1 A HOLLAND AND HART HOLTZ ABEL & FANA HORNBECK KIMBERLY E ATTN: CONTROLLER 420 LINCOLN RD STE 220 102 FOUNDERS PL #2101 PO BOX 8749 MIAMI BEACH, FL 33139 ASPEN, CO 81611 DENVER, CO 80201 HUNTER ALEXANDER JACKDOG LTD JONES MICHAEL C PO BOX 1638 3900 ESSEX #101 PO BOX 7966 ASPEN, CO 81612 HOUSTON, TX 77027 ASPEN, CO 81612 JOSA LLC K & J ENTERPRISES LLC KALLENBERG JEFFREY D J & SANDRA L PO BOX 10147 601 RIO GRANDE PL #119A 401 MARKET ST #500 ASPEN, CO 81612 ASPEN, CO 81611 SHREVEPORT, LA 71101 KLEIN JAMES J & SALLIE R LAMB DON REV TRUST 50% LANE TAMMIE PO BOX 12022 1449E 56TH ST GRANDE PL #118 601 RIO GRA KIRK ASPEN, CO 81612 CHICAGO, IL 60637 601 RIO ASPEN, CO 81611 LARSON KARL G & MARIA M LAZAR FAMILY TRUST LEBARRE FAM LLC PO BOX 8207 5342 ALDEA AVE 7518 MIDDLEWOOD ST ASPEN, CO 81612 ENCINO, CA 91316 HOUSTON, TX 77063 LEITCH B BRYAN III LIEBOWITZ BRYNA S LINDENAU SCOTT 2606 STATE ST 3 SUNSET SUMMIT 501 RIO GRANDE PL #104 DALLAS, TX 75204 ASHVILLE, NC 28804 ASPEN, CO 81611 LITTLE RIVER HOUSE LLLP MAESTRANZI BART MANN KATHLEEN A 99% CIO DENICE C REICH 1736 PARK RIDGE POINTE PO BOX 2057 1873 S BELLAIRE ST #700 PARK RIDGE, IL 60068 ASPEN, CO 81612 DENVER, CO 80222 MARASCO BERNARD R 11.0446% MARASCO EMILY A AK MEYER EMILYA MARASCO RAE 0 TRUST 33.4331% 320 DAKOTA DR 11.0446% 653 26 1/2 RD GRAND JUNCTION, CO 81506 21701 FLAMENCO GRAND JUNCTION, CO 81506 MISSION VIEJO, CA 92692 MARCHETTI FAMILY LLC MCCUTCHIN GENE P MCGAFFEY FAMILY & CO NO C LLC 1526 FOREST DR 14833 MIDWAY RD 2465 NOB HILL AVE NORTH GLENVIEW, IL 60025 ADDISON, TX 75001 SEATTLE, WA 98109 MCNANIE TRUST MILES! MITCHELL R & JUDI C MILNE SHEILA 14915 RANCHO REAL 1545 NE OUTRIGGER LANDINGS DR PO BOX 8286 DEL MAR, CA 92014 JENSEN BEACH, FL 34957 ASPEN, CO 81612 ttl uettes fades a peler ; Repliez a is hachure afin de : www.avery.tom ; Q Pe _ _ cnnc do 4 Sean c Al/CM/ I • Easy Peel® Labels i • MIMI Bend along line to 1 0 AVERY® 5160® i Use Avery® Template 5160® j Feed Paper ommins expose Pop-up EdgeT°' j j MOORE GARY C & DEBRA J MORSE JAMES A TRUST MOSCOE THOMAS D 233 N SPRING ST 800 E ELLIS RD 14700 ROCKSBOROUGH RD ASPEN, CO 81611 NORTON SHORES, MI 49441 -5622 MINNETONKA, MN 55345 MURPHY GEORGE W NGS LLC NGUYEN MICHAEL TAM PO BOX 4146 101 FOUNDERS PL #109 DAO OANH KIM ASPEN, CO 81612 ASPEN, CO 81611 430 E HYMAN AVE ASPEN, CO 81611 NIBLACK SCOTT OBERMEYER 102 LLC OBERMEYER 204 LLC 101 N SPRING ST #3109 1264 FOUR WINDS WAY 2727 ALLEN PKWY 14TH FL ASPEN, CO 81611 HARTLAND, WI 53029 HOUSTON, TX 77019 OBERMEYER PLACE RENTAL GRP LLC OBP LLC OLITSKY TAMAR & STEPHEN OBERMEYER PLACE SALES GRP LLC 101 FOUNDERS PL #104 PO BOX 514 115 AABC ASPEN, CO 81611 GWYNEDD VALLEY, PA 19437 ASPEN, CO 81611 ONE ONE SEVEN LLC OP LLC PARDEE JAMES LEE III REV LIV TRST PO BOX 7911 424 PARK CIR #6 PO BOX 4153 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 816124153 PEARSON DOUG PFEIFER ASPEN HOUSE TRUST PITKIN COUNTY PO BOX 6993 16300 CANTRELL RD 530 E MAIN ST #302 SNOWMASS VILLAGE, CO 81615 LITTLE ROCK, AR 72223 ASPEN, CO 81611 PR ASPEN HOLDINGS LLC RAMOS WALTHER & MARJORIE REINGOLD ROBERT B INC 601 RIO GRANDE PL UNIT 8A 133 TALL TREES DR 1187 COAST VILLAGE RD STE 1 -116 ASPEN, CO 81611 BALA, PA 19004 MONTECITO, CA 93108 RIO GRANDE PARTNERS 88 LLC RIVER HOUSE LLC RIVER PARK IN ASPEN CONDO ASSOC 1008 E HOPKINS AVE 729 E BLEEKER ST 730 E DURANT ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 RKJR PROPERTIES LTD ROSSI ELAYNE R TRUST SATTLER SANDRA A 5934 ROYAL LN #250 PO BOX 7961 101 NORTH SPRING ST #3204 DALLAS, TX 75230 ASPEN, CO 81612 ASPEN, CO 81611 SCHENKELBERG LLC SEGREST DAVID H SEYFFERT STEVEN J 140 VISTA GRANDE 2606 STATE ST PO BOX 9662 GRAND JUNCTION, CO 81507 DALLAS, D( 75204 ASPEN, CO 81612 Etiquettes faciles a peler ■ A , _ Repllez a la hachure afin de I www.avery.com Easy Peel® Labels 1 • ® Bend along line to 1 C\ AVERY 516 0 ® I Use Avery® Template 5160® I Feed Paper expose Pop-up Edge 1 • SHAPIRO FREDERIC M & SUSAN SHERMAN CAPITAL COMPANY SMITH H W III 101 N SPRING ST #3108 5840 E JOSHUA TREE LN PO BOX 10914 ASPEN, CO 81611 PARADISE VALLEY, AZ 85253 ASPEN, CO 81612 SMITH JAMES F & N LINDSAY STARMER MARY JOSEPHINE 11.0446% TEL 1999 GST EXEMPT TRST FBO 600 E MAIN ST #302 12738 W 84TH DR 3336 E 32ND ST #217 ASPEN, CO 81611 ARVADA, CO 80001 TULSA, OK 74135 TREDER CAROLE A TSE HOLDINGS LLC TUSCANA LLC 101 N SPRING ST BOX 3205 601 RIO GRANDE PL #120 501 RIO GRANDE PL STE 105 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 UNIT 106 OP LLC UNIT 109 OP LLC UNIT 5E OP LLC DBA BIG BOY LLC t O6 S MILL ST #203 C/O OBERMEYER ASSET MANAGEMENT 106 MILL ST #202 ASPEN, CO 81611 CO ASPEN, CO 81611 501 RIO GRANDE PL STE 107 ASPEN, CO 81611 VAN DEUSEN EDWARD BENJAMIN VAN WALRAVEN EDWARD C 1% VECTOR ENTERPRISES LLC TRUSTEE PO BOX 4913 0490 ASPEN OAK DR VAN DEUSEN DIANA JEAN TRUSTEE ASPEN, CO 81612 ASPEN, CO 81611 233 N SPRING ST ASPEN, CO 81611 VOORHEES PETER A W STORAGE PLUS LLC WACHMEISTER EDWARD C A REV TRUST PO BOX 4446 4040 NE 2ND AVE #414 ASPEN, CO 81612 MIAMI, FL 33137 W A WHITEHALL FARM LN RRENTON, VA 20187 WAGAR RICHARD H WASKOW SUSAN A WELLS FARGO BANK NATL ASSOC C/O RICH WAGAR ASSOC LLC PO BOX 4975 C/O LARRY COLLEY /MAC 07300 -079 100 S SPRING ST #3 ASPEN, CO 81612 1700 LINCOLN ST 7TH FLOOR ASPEN, CO 81611 DENVER, CO 80203 WOODSON TOM 101 NORTH SPRING ST #106 ASPEN, CO 81611 v ,„ i > : ,i...,TA ::?:.: . :: —........ :5, ..., i — . , 1117 ir . 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Ll 1 1U �d !1 t � t 4' t ,�� a� , nn e• r o< V o ` l ' r — 0 z r n ; * fir_ � ° dx;; i s �k, s rm u ' m I113 � -, w �, L �(1 � ' � : C / 41 ' r� 424 t u z h ,} I ,,, Pz - � '(-: Ly 1Z, 5 w i v N l d �y 1 LdYw Sul �� + 1_ f!-V°: wr 1Y t ( ■$m F-,-(, ert % .n # -i A) . Fi F,F e.-Y, Ia ,b`r S . i , ( ,,52::,i< of "i 62r ll�tL ��f n ti :4 y if L 1 5 HP ;1 , §'aa :,, yf ffii EXHIBIT RECORD OF PROCEEDINGS 100 Leaves mmmcnnm Regular Meeting Aspen Planning and Zoning January 3, 197S The Aspen Planning and Zoning Commission held a regular meeting on January 3, 1978, at 5:00 PM, in the City Council Chambers. Members present were Chic Collins, Tom Isaac, John Schubmacher, Donald Ensign and Joan Klar. Also present were Karen Smith and Bill Kane of the Planning Office. Approval of Minutes The minutes were postponed to the next meeting. C. M. Clark Isaac moved to table action on this item, Ensign seconded. All in Subdivision Exemption favor, motion approved. Creektree, Public Kane explained that there are four alternatives to the trail easement Hearing on Amendment question. The first is no trail at all. The Planning Office does to Preliminary Plat not support this idea as there is a need for this trail. Present for Trail Alignment access is down Neil Street which is inadequate to handle pedestrians. The second alternative is the "adopted trails plan" which places the trail down an existing old driveway, west on Bay Street and down across Spring Street. The residents felt this was the least acceptable alter- native. The bridge crossing at Spring Street would be the most expen- sive one to construct as there is a substantial grade difference be- tween the two sides of the river at this location. The Planning Office does not support this alternative for these reasons. The third alter- native is the "Eastern Alternative" which places the trail to the east of the Andre Ulrych property. This alternative places the trail very close to the Ulrych dwelling and the grade is steep enough to make construction very complicated. The Planning Office does not support this alternative. The fourth alternative is to place the trail down the driveway, swinging west along the property line and crossing the river where it is narrow and the banks are evenly graded. The Planning Office, City Council and the property owner all support this alterna- tive. Kane noted a comment from a resident that traffic may come through Oklahoma Flats down Bay Street and on to this trail. Kane suggested a gate to be operated by the property owners which would keep people from doing this. Kane noted that any decision will go back to Council for final plat amendment. Isaac asked when they propose to build the trail. Kane said next spring. Klar asked if the fourth alternative was on the property line. Kane said yes. Ensign asked the existing condition of the property. Kane said there is the existing driveway, low vegetation and small Aspen trees, and part of the trail follows what may be an old road bed. Klar asked about the grade of the land. Kane said most parts are flat but part of it was somewhat steep, perhaps 10Z grade. Ensign asked if the trail on alternative two could be straightened out as it takes a very sharp turn along the property line. Kane said this would infringe on the lot. The property owners prefer to keep it at the boundary line. Klar asked the distance of the steep part of the trail. Kane estimated between 150 -200 feet. Klar asked if there was a significant cost difference between all the alternative. Kane noted the more expensive possibilities. Collins opened the public hearing. Frank Donofrio Donofrio is a resident of Oklahoma Flats. He read a letter from Richard Volt that strongly opposed the trail. He also read a letter from Remo Lavagaino which strongly opposed the trail. Betty Coates She is also a resident of Oklahoma Flats. She read two letters - from Howard Hansen opposing any trail through Oklahoma Flats. Speaking for herself, she also strongly objects to any trail. She asked why they must have four bridges in such a small area. She also asked how the City plans to maintain this trail as many other City trails are not maintained presently. Regular Meeting Aspen Planning and Zoning January 3, 1978 Julie Bane Hane is a resident and owner in Oklahoma Flats. She said she is basically in favor of trails but has thought about this one at length as it will be placed very close to her house. She asked how they propose to keep motorcycles off this trail. She also noted that many of the City trails are not plowed in the winter. She noted that she would use this trail but that it is not direct access to the city as it comes out near Mill Street. She questioned the validity of this. Nick Coates Coates presented a map of the area in question. He outlined the trail and noted that it seemed way out of the way for a direct access to the city. He suggested a pedestrian bridge on Neil Street. He noted that people would tend to use the trail when the weather was bad and people did not want to drive. If the trails were not plowed, that defeats the whole purpose. If a bridge were built across the river next to Spring Street, the bridge could slant without either side being built up. The cost would not be monumental. He noted that the eastern trail was the most desireable to the people of Oklahoma Flats if there must be a trail. He said there is a group of ducks that live in the area where the proposed bridge may go through. This bridge may drive the ducks away. He felt that the gate idea was invalid. Julie Hane Hane again noted that the existing trails built by the City have not been maintained. George Mansfield Mansfield noted the closing of Hallam and other city streets to im- prove the quality of the neighborhood. He feels the trail will do the opposite. He feels that Silverking and the Smuggler Trailer Court were a big mistake and they are increasing their destruction of the area. He suggested that Neil Street be made one -way. Any trail must be maintained or they are unuseable. Isaac noted that he uses Neil Street every day as a pedestrian and has had no problem. He does not feel a new trail through Oklahoma Flats would be a time saver. Ensign understands the arguements against having a bridge but cannot understand why they want to construct a trail that goes so far out of the way on land that is so steep, Kane said walkways should be immediate and convenient. The distance between the Holy Cross bridge and the proposed bridge is substantial. He feels that the Smuggler residents will use this trail. Joe Edwards Edwards noted that this trail has been proposed since 1973. There is a need for it as it is a critical crossing. He noted that almost all trails that have been proposed have met with such opposition and have turned out quite well. He proposed a split rail fence to keep people on the trail. Klar asked about the possibility of having the public buses travel to these locations. Frank Donofrio Donofrio said that this could not be related to other trails - . that were proposed as this would be a major link between two areas of large density. He also asked that the city back their ideas with action as far as maintainance of the trails. Julie Hane Hane asked what they propose to do about motorcycles that might try to use these trails. Joe Edwards Edwards said they would place a large log at both ends of the trail which bicycles could be lifted over but motorcycles could not. George Mansfield Mansfield noted that there has been alot of wildlife returning to this area and such a trail would destroy this wildlife habitat. He also noted that people in the Smuggler Trailer Court are transients, in his opinion, and would be gone at the end of the season, but the trail would still be there. RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Aspen Flaming and toning January 3, 19/8 Bill Dunaway Dunaway defended the Smuggler residents by saying these people do have roots and are hard working full time employees. Many have been here just as long as Oklahoma Flats residents. George Mansfield Re noted the high crime rate in the Smuggler and Silverking complexes. Isaac said he was against the trail because he felt no one would use it. Re noted that many people use Neil Street and would continue to use it. He feels it is faster to use Neil. Schuhmacher noted that the eastern alternative would have the least impact on the Oklahoma Flats residents. Klar said it would also have the least impact to the solution of the problem. She did not feel that Neil is that bad. Collins noted that Oklahoma Flats is a very important part of Aspen and many concerned residents live there. The environment there is also very special. He also can see the need for a trail here. The eastern alternative is very close to Neil Street but Neil Street is not suitable for pedestrian traffic at this time. he feels that the eastern alternative 1.s the best. He also feels that the cost should not be a consideration unless it is substantial. Ensign asked Edwards if the trail led into Bay Street if there is an easement required there. Edwards said he did not think so but this would have more of an impact on the residents of Oklahoma Flats. He favors the eastern alternative. Collins said he favors this alterna- tive, also. Bayard Hovdesven Hovdesven noted that the original bridge was 50 feet in the air so there was never an easement there. He also noted that the eastern alternative would place the trail very close to the house and would severly impact this dwelling. Andre lilrych Ulrych, principal owner of said property, claimed that the proposed trail runs through 10 feet of the living room. Bayard Hovdesven Hovdesven noted that the original plan never had the trail coming down the eastern side of the house. Betty Coates Coates asked what areas, besides Silverking and Smuggler, this trail would facilitate. Kane said that this hooks up to the Hunter Creek Trail, Mill Street, etc. Coates said that this network of trails includes use of streets to connect the trails. Nick Coates Coates noted that the Oklahoma Flats residents are not against trails. The concern of the residents on this trail is the placement. He suggested another site inspection. Collins said there have been many new questions raised at this meeting. He wondered if it was feasible, the cost involved, the trees involved, etc. Kane said there were no trees involved. The cost may be expensive. Ensign asked about the easement problem. Kane gave the figures he had. Ensign asked the people of Oklahoma Flats if they wanted a convenient way across the river to town. George Mansfield Mansfield said it was convenience that has cost America more than pro- gress. They can cross the river at other points. Andre Ulrych Ulrych said he had a problem with the proposed gates. People should Regular Meeting Aspen Planning and Zoning January 3, 1978 be able to use public streets and trails without fences, gates, etc. Collins closed the public hearing. Ensign moved to approve changing the preliminary plat to accommodate the "proposed trail "(the western alternative) and the construction of the trial be contingent on working out the details to the approval of the people of the neighborhood, Klar seconded. Roll call vote: Collins, nay; Schuhmacher, nay; Isaac, nay; Ensign, aye; Klar, aye, motion defeated. Isaac moved to not recommend a trail easement through Oklahoma Flats at this time, Schuhmacher seconded. Roll call vote: Collins, nay; Schuhmacher, aye; Isaac, aye; Ensign, nay; Klar, nay, motion defeated. Isaac moved to table action on the Creektree Subdivision Plat Amend- ment for trail easement, Schuhmacher seconded. All in favor except Ensign, motion approved. Collins requested the Planning Office provide comparison data for the- eastern and western alternative including financial and envirodmettal impact and a site inspection was planned for January 10, 1978, at 4:00 PM. Creektree Eagles Kane explained the application. The Planning Office recommends ap- Building - proval of this conditional upon detail on parking and landscaping. Conditional Use, Public Hearing Collins opened the public hearing. Nick Coates Coat asked that something be provided to shield the lights of the are that park in a lot facing Oklahoma Flats. Kane supported this. h: kEe lson HrKkelson Collins read a letter from Dorothy HoLson had a problem with the liquor license and the parking situation. Collins noted that the parking will be taken care of. Klar moved to grant conditional use for the Eagles Building contingent upon the bank being tall enough to ward off the headlights and ade- quately landscaped to blend into the natural environment, inclusion of the two islands at the entrance, and appropriate landscape, Isaac seconded. All in favor, motion approved. - The FAH Alternatives discussion was postponed to another meeting. Isaac moved to adjourn the meeting, Ensign seconded. All in favor, motion approved. Meeting adjourned at 7:15 PM. 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Planning will support the concept that a commercial kitchen is within the types of activities that could be anticipated at a fraternal lodge, and P &Z can approve the Eagles Club renting out their kitchen through a Conditional Use amendment. Planning also finds the Eagles Club is eligible to be considered an Essential Public Facility, which gives Council the ability to consider a waiver of affordable housing mitigation. John Worcester has ok'd the Eagles land use application for amendment to Conditional Use and Essential Public facility without requiring authorization from the rest of the PUD. He thinks that the amendment has no bearing on the underlying purpose of the PUD. Let me know if you need anything else. Amy Guthrie City of Aspen Historic Preservation Officer 130 S. Galena Street Aspen, CO 81611 (p) 970 -429 -2758 (f) 970 - 920 -5439 www.aspenpitkin.com 1 • P1 371.• A MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Jessica Garrow, Long Range Planner RE: AACP Implementation, P &Z Priorities MEETING DATE: February 7, 2012 BACKGROUND & OVERVIEW: . The Planning and Zoning Commission approved an update to the Aspen Area Community Plan (AACP) in November, 2011. The document includes a number of policies and action items that require implementation. In addition, as the Planning and Zoning Commission has reviewed current planning cases, Commissioner Bert Myrin kept a tally of issues and items the group has identified as needing to be updated or addressed in the land use code (Exhibit A). The purpose of this meeting is to give the Planning and Zoning Commission an opportunity to identify their AACP implementation priorities. NEXT STEPS: City Council is scheduled to hold a work session on March 5 to identify their AACP implementation priorities and to direct city staff work programs. As part of that work session, staff will present implementation priorities identified by various City Departments. The information will include an estimate of staff time, monetary resources, and any outside consulting resources required to implement each topic. Planning staff will identify potential work program priorities on some of the topics that relate directly to Community Development work programs, including uO'dating mitigation studies, examining Environmentally Sensitive Area (Stream Margin, 8040 Greenline, etc.) regulations, and general zoning changes. City staff is working on this process through February. Staff would like to include any P &Z identified priorities as part of that work session packet. In an effort to streamline that process, staff suggests that at the February 7` meeting the P &Z identify a list of 5 — 10 top priorities the P &Z feels is very important to implement. This could include land use code items, or could be related to other topics in the AACP such as the West of Castle Creek plan (from West of Castle Creek Corridor Chapter), exploring Health Impact Assessments (from Lifelong Aspenite Chapter), identifying a threshold when a development proposal will trigger a transportation study (from Transportation Chapter), or any other item in the AACP. A copy of the AACP is available online at www.AspenCommunityVision.com. ATTACHMENTS: EXHIBIT A — P &Z list of potential code changes, compiled by P &Z Commissioner Bert Myrin Page 1 of 4 P2 Exhibit A, P &Z list of potential code changes, compiled by P &Z Commissioner Bert Myrin 1. Facilitate a process for non - profits to move on 15. Standardize greenway sidewalks 1/16/10 632 from Aspen with some certainty for E Hopkins — Non greenway street sidewalks expectations (by the community and the non- ACRA, Obermeyer are frequently covered in profit) of the transition — Bert snow in winter. — Bert 2. Exterior stairways — Jasmine 16. Get a list from assessor of all tax exempt 3. Roof top elevator structures — Cliff properties and zone them as non - profit 4. Sub grade calculation and # of levels — Cliff 17. Consider a recapture property tax for 5. Solar orientation for new PUD's (Sanitation conversion of tax exempt or agriculture to District housing) - Bert higher use as occurs elsewhere in the country. 6. Concern that hedges of 42 inches may grow — Jim taller with time — Cliff 18. Story Poll's when installed should be 7. Dimensional limits on height that make photographed by staff in case removed later — buildings appear an entire story taller, avoid Aspen Walk - Mike Wampler height creep — Cliff 19. APCHA 3/1 — Change building code to 8. Progressive sale on R -30 with no cap for require AH energy efficiency units and energy house size within city limits — Cliff star appliances — Bert 9. Stream margin review and green line review 20. 3/8/2011 Stage 3 use of TDRs's pg 8 of staff criteria (criteria needs improvement) — memo: Staff believes increasing the units Jasmine beyond 2,000 sq /ft NLA to 2,500 sf NLA with 10. Fix code to address buildings that failed in the use of TDRs is acceptable and is some way e.g. Jerome Professional (required consistent with city policies and the current vested rights to be extended to a point where code. However, staff does not believe codes will likely have changed),.Cooper St increasing the unit size beyond this is Pier (involved in a legal battle w/ City), appropriate. Staff believes this could Wienerstube (involved in a legal battle with negatively impact the TDR Program. Review city), Stage III (financially required too much the effects of the 2,000 sq /ft limit since the $ to max out under code), Dancing Bear (too 2006 prohibition — has it become a negotiating tall and it grew taller), Chart House point for developers? A similar request was (financially required too much $ to max out denied by P &Z on an Aspen Alps unit. — Bert under code), Building proposed in the Clark's 21. 3/8/11 Stage 3 pg 16 $50k pedestrian cash in Market Parking Lot (met all codes, yet would lieu — what is the process for this being spent have put Clark's Market out of business, yet versus returned to the developer eventually? - we haven't fixed the code since) — Bert Bert 11. 26.470.100 1 employee = 400 s/f net livable 22. Stage 3 parking applicant pg 8 — Parking (see pg 5 of 11/16/10 staff packet 632 E calculations don't provide a logical end result: Hopkins). Is 500 s/f more realistic and should The subject site is within the Aspen infill Area, the code reflect 500 sf? — Bert as defined in Section 26.104.100 of the Code. 12. No extension of vested rights for GMQS Consequently, Section 26.515.030 of the Code approvals. 11/16/10 632 E Hopkins — Bert provides that the commercial component of 13. Buy down not less than 950 s/f and this the project must provide one (1) off - street qualifies as housing for 2.26 employees? parking space for every 1,000 square feet of Seems like we are under counting — 2 net leasable area (up to 100% of which may be bedroom should = 2 employees not 2.26. — provided through a payment -in- lieu). The Bert project includes approximately 9,988 square 14. Residential downtown no parking requirement feet of net leasable area (NLA), which for penthouse 11/16/10 632 E Hopkins can't requires 9.98 off - street parking spaces. The be zero — Jasmine five (5) residences qualify as multi - family Page 2 of 4 P3 development with in a mixed -use building 31. 7/5/11 The timeshare regulations are pursuant to Section 26.104.100 of the Code, improperly drafted or improperly enforced . and they are in the C -1 zone district; therefore, Timeshare regulations should get tourists in pursuant to Section 26.515.030 of the Code, beds. — Jasmine there is no parking required for the residential 32. 7/19/11 We should prevent outcomes like the dwelling units. As a result, the total off - street one at Spring and Hopkins when a renovation parking requirement for the project would be results in different development than what was ten (10) spaces, but since the existing deficit is approved. The example here is the sunken allowed to be carried forward, the actual first floor. Is it possible, in a resolution to put requirement is for just six ( 6) off - street in elements of conditions, that if you told us parking spaces. The new proposal includes you can't do this because of A, and A didn't sixteen (16) off - street parking spaces (thirteen hold, so they changed something, then a in the garage and three on the alley side of the developer is obligated to return to P &Z. street level), or ten more than the requirement. 33. 7/19/11 — Lift 1 — Height measurement for . The requirement of only 6 indicates the code Lift 1 was calculated differently than code. is not aligned with reality. — Bert Was this successful? Should the code change 23. Changes to the code to address neighboring to match this? impact of lot line to lot line construction — eg. 34. 7/19/11 Lift 1 — resolution section 8 defined Noise from garage fans, or highly efficient measurements for height and FAR. Chris furnaces, AC or lighting — Bert suggested this language might be appropriate 24. Elevator towers back while street facing entry for a code amendment for lodging an d to the front is challenging — Aspen Walk — Is commercial but not residential. — Chris there elevator technology or design that could Bendon address this? — Bert 35. 8/2/11 Ongoing tracking of AH rental units 25. Parking at AH needs discussion — Cliff that have mandatory occupancy. Housing 26. May 19, 2011 frustrating that HPC would commitments are made by owners and make a decision about parking — it should be developers. In the past the housing office has P &Z purview — 518 W. Main - Cliff had a licensed real estate broker on staff — we 27. May 19, 2011 Consider abating versus need a process. - Jasmine perpetuating non conforming uses. 217/219 S. 36. 8/2/11 Aspen Walk - no one on council could Third — Bert approve it as presented after P &Z. I think we 28. Project Monitors assigned by P &Z as should work on aligning P &Z approvals (or currently occurs with HPC? See remodel / the code) closer to the expectations of the demolition of Spring Street Commercial elected officials (who in theory, represent the building. Stan & Bert community). — Bert 29. 13 employees required per the code for Lift 37. 8/9/11 all development must go through One under current code — the applicant though public notice / approval. It is very confusing that would not pass community muster so they to the public because on historic homes are offering 100% AH. The AH requirement neighbors will receive lots of opportunity to of only 13 indicates the code is not aligned comment while a non - historic home can go with reality. — Bert through staff approval with absolutely no 30. 7/5/11 The tree regulations are improperly notice to the neighbors. — Stan drafted or improperly enforced. Either we 38. 9/8/11 Dancing Bear PUD Amendment — 3` should preserve trees or not, because floor deck screening grew much taller than whenever tree removal comes up, the result is anticipated in part because of the rooftop removal of the trees. — Jasmine access. Page 3 of 4 P4 39. Little Annie's — review pedestrian amenity 43. South Aspen PUD — wanted a hotel — zone to calculations for what is essentially proposed prohibit non -hotel use in the area. Single as a scrape and replace because they appeared family was already removed as a use from this to reduce the 25% requirement down to 10% zone so expand on that. CC zone now for this development based on credits for what prohibits residential on ground floor so it can is existing even though it will be entirely be done. — Cliff scraped and replaced. 44. Zone post office and forest service and non- 40. 69 Shady Lane 13,000 square foot house on profits and lodging to prohibit uses by right the river — too.... much, close, etc. — Cliff that don't fit with the long term goals of the 41. South Aspen PUD — concerned about the 50% community to align expectations for the next replacement in our code — Mine Dump Silver Lining Ranch or Given. — Bert Apartments. — Stan 45. Avoid other AH units sitting empty as is the 42. Extensions of vested rights should require case with the Motherlode current code because there has been too much 46. PUD's on lots less than 27,000 sq /ft. — good learning. If an applicant wants the Jasmine benefit of extended vested rights they should 47. Cooperation between P &Z and engineering accept the new code. — Stan and Community Development regarding traffic plans • Page 4 of 4 PRIORITIES FOR CODE AMENDMENTS — Jasmine Extension of vested rights requires applicant to conform to current code. (This should be simple) Revise PUD criteria: Not on parcels less than 27,000 sf Not to exceed underlying zone district dimensions Revise criteria for Stream Margin Review and 8040 Greenline Review Require on -site parking for free - market residential in CC and C -1, and at the same mitigation level as residential zones. (Here's a situation in which "the market will dictate" has failed; buyers of multi - million - dollar downtown penthouses want/demand on -site parking.) Establish tracking system and hire Project Monitor to track all development approvals to ensure compliance by following up with the appropriate departments, title companies, etc. Add a brief section to each zone district description to detail automatic penalties for non - compliance, dating from day of notification. Any changes to the approved plan will trigger Stop Work order and require applicant to return to P &Z Revise AH to include language that all mandatory occupancy units will be tracked; non- compliance will result in daily penalties from date of notification. This is not a code amendment issue, but I would like to recommend revision of the responsibilities allocated to P &Z vs HPC. For example, HPC often grants reduced parking as an incentive for preservation — but parking is really a land use issue. For discussion: tax- exempt properties and non - profits. What would be appropriate criteria for "non- profit" zoning. Should employee mitigation be required? Design guidelines: several issues — e.g. perceived height, exterior staircases, roof top mechanical, excess shading from too -tall buildings, adverse effects of lot -line to lot -line construction etc. Story poles should be photographed to provide public record after poles are removed.