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Home My WebLink AboutLand Use Case.215 N Garmish St.A074-002735-124-36-850 A074-00 -*Yellow Brick 215 N. Garmish Rezoning, PUDJCRE)02*&201-632 Amend. litly,trfc/LO r,+4+ 11 P 1 2 1 - /1 . 2 1%9 -2-736 - I 2+36* px 4,-*Â¥/ 1 2 . â€¢Â· . 1 - I -I - CASE NUMBER A074-00 PARCEL ID # 2735-124-36-850 CASE NAME Yellow Brick PROJECT ADDRESS 215 N. Garmish PLANNER Fred Jarman CASE TYPE Rezoning, PUD, GMQS Exemption, Code Am OWNER/APPLICANT City of Aspen Recreation Dept REPRESENTATIVE Glenn Horn DATE OF FINAL ACTION 9/25/00 CITY COUNCIL ACTION Ord. #42-2000 PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 10/16/00 BY J. Lindt . PARCEL ID: |2735-124-36-850 - DATE RCVD: |6/16/00 # COPIES:~ CASE NO<A074-00 CASE NAME:|Yellow Brick PLNR:| Ffeci .3 U.4444 PROJ ADDR:~215 N. Garmish CASE TYP:~Rezoning, PUD, GMQS Exemption, STEPS:~ OWN/APP: City of Aspen Recre ADR1110 E. Hallam C/S/Z: ~Aspen/CO/81611 PHN:~920-5140 REP:~Glenn Horn ADR:~215 S. Monarh, Ste10 C/S/Z:~Aspen/CO/81611 ' PHN1925-6587 FEES DUE:|Exempt FEES RCVD:|Exempt x STAT: [~- REFERRALS] REF:| BY~ DUE: | MTG DATE REV BODY PH NOTICED 1 4 , DATE OF FINAL ACTION: CITY COUNCIL: -71 94Â«00 1112 2 REMARKS~ PZ: Â· r-- BOA: CLOSED:1..A#6122~ BY: 1 3 Ll L'1611 DRAC: PLAT SUBM ~< I i PLAT (BK,PG):| ADMIN: AÂ·f,Fo,3 , / 4 â€¢L DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. City of Aspen Parks and Recreation Department, 110 E. Hallam, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Block 57, City and Townsite of Aspen Legal Description and Street Address of Subject Property PUD Approval for the Building Structure Written Description of the Site Specific Plan and/or Attachment Describing Plan City Council Ordinance #42-2000,9/25/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) September 30,2000 Effective Date of Development Order (Same as date of publication of notice of approval.) October 1,2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued iii accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 30th day of September, 2000, by the City of Aspen Community De,elopment Director. U.LEOU- JvffiIAnn Woods, Community Development Director V PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Block 57, City and Townsite of Aspen, by Ordinance of the City Council numbered 42, series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/ City of Aspen Account Publish in The Aspen Times on September 30,2000 % ORDINANCE NO. 1 (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND THE DEFINITIONS, SPECIAL REVIEW, AFFORDABLE HOUSING AND EXEMPTIONS FOR HISTORIC LANDMARKS PROVISIONS OF THE GROWTH MANAGEMENT QUOTA SYSTEM, DEVELOPMENT ORDERS, AND VESTED RIGHTS PROVISIONS OF THE LAND USE CODE, RESPECTIVELY SECTIONS 26.100.104,26.470,26.304, 26.308, AND 26.430 OF THE LAND USE CODE. WHEREAS, the Planning Director o f the Community Development Department proposed amendments to the Definitions. Special Review. Affordable Housing and Exemptions for Historic Landmarks provisions of the Growth Management Quota System. Development Orders. and Vested Rights provisions o f the Land Use Code pursuant to sections 26.208 and 26.212: and, WHEREAS, the amendments requested relate to Sections 26.104.100,26.470. 26.304 070.26.308. and 26.430 of the Land Use Code of the Aspen Municipal Code: and, WHEREAS, pursuant to Section 26.310. applications to amend the text of Title 26 of the Municipal Code shall be reviewed and recommended for approval. approval with conditions. or denial by the Planning Director and then by the Planning and Zoning Commission at a public hearing. Final action shall be by City Council after reviewing and considering these recommendations: and. WHEREAS, the Planning Director recommended approval of amendments to the Land Use Code. as described herein: and. WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the existing and proposed Land Use Code amendments. took and considered public testimony and the recommendation of the Planning Director and recommended. by a four to zero (4-0) vote. City Council adopt the proposed amendment to Sections 26.100.104,26.470.070(J), and 26.430 of the Land Use Code as described in P&Z Resolution 00-10 and, WHEREAS, the Planning and Zoning Commission opened the public hearing to consider the existing and proposed Land Use Code amendments. took and considered public testimony and the recommendation of the Planning Director and recommended. by a five to zero (5-0) vote. City Council not adopt the proposed amendment to Section 26.470.470(3)(B) of the Land Use Code as described in P&Z Resolution 00-18; and. WHEREAS. City Council reviewed and considered the recommendations of the Community Development Director. the Planning and Zoning Commission. and members of the public during a duly noticed public hearing: and Ordinance No._, Series of 2000. Page 1 I + WHEREAS, the City Council finds that the text amendments to Sections 26.104.100,26.470.26.304.070.26.308. and 26.430 of the Land Use Code of the Aspen Municipal Code. as described herein. meet or exceed all applicable standards and that the approval is consistent with the goals and elements of the Aspen Area Community Plan; and,Â· WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Section 26.100.104. Definitions. which section describes the meaning of terms used in the Land Use Code is hereby amended by inclusion of the following terms and definitions: Townsite or Original Aspen Townsite. Land depicted on the City of Aspen incorporation plat of record. dated 1880. Parcels of land lying partially within this area shall not be considered within the Original Townsite. ~~lon-Profit Organizatio~.An entity which has received a favorable determination letter from the United States Internal Revenue Service regarding their tax exempt status. and is incorporated, subject to or in compliance with the applicable provisions o f the Colorado Revised Statutes (CRS) Corporations and Associations articles 121 to 137. Carport. A roo fed structure providing space for the parking of automobiles and enclosed on not more than three sides. Garage. A roofed structure providing space for the parking of automobiles and enclosed on all sides. Commercial Use. Land or a structure intended to support offices, retail. warehousing, manufacturing, commercial recreation. restaurant/bar, or service oriented businesses, not including lodges or hotels. Retail Use. Commercial land use intended for sale or distribution of products or services to the general public for profit. Storage Area. A detached accessory structure. or a separately accessible portion of structure. intended to house items normally associated with the principal use of the property but not independently capable of residential, commercial, or lodging use. Ordinance No._, Series of 2000. Page 2 Wildlife Resistant Dumpster or Trash Enclosure. A device or structure intended to store domestic refuse and limit access by non-domestic mammals meeting the requirements of Municipal Code Chapter 12.08 - Wildlife Protection. Trash Compactor. A mechanical device intended to minimize volume and store domestic refuse meeting the requirements of Municipal Code Chapter 12.04 - Solid Waste. PUD Development Plan. A recorded document describing the land uses. densities, configuration. improvements, and character of an approved Planned Unit Development referencing associated regulatory approvals and agreements. PUD Development Agreement. A recorded document between the City of Aspen and a project owner/developer describing an approved Planned Unit Development and describing or referencing regulatory approvals. policies related to land uses. financial assurances for physical improvements, deed restrictions, timing of improvements. acceptance procedures for improvements. non-compliance provisions. and any other requirements of the land use approval. Subdivision Agreement. A recorded document between the City of Aspen and a project owner/developer describing an approved Subdivision, the associated regulatory approvals. financial assurances for physical improvements, timing of improvements, acceptance procedures for improvements. and non-compliance provisions, and any other requirements of the land use approval. Pre-Application Conference. A meeting between a potential land use applicant. and/or their representative, and member(s) of the Community Development Department held prior to submission of a land use application where aspects of development regulations, review criteria, review processes. application contents. and application fees are discussed. (See, Common Development Review Procedures - Section 26.304.020 Pre-Application Conference.) Footprint. The horizontal extent to which a structure covers the ground plane as represented in plan view including cantilevered building elements but excluding eaves and similar architectural projections of the roof plane. Deck. An outdoor. un-heated area appended to a living space but not intended for living. Balcony. Same asa deck. Loggia. X deck. or porch attached to a living space and open on at least one side developed under a roof as an integral part of the building's mass rather than as an appended element. Ordinance No._, Series of2000. Page 3 1 8 Aspen Community Growth Boundary. Same as Aspen Metropolitan (Metro) Boundary. Section 2: Section 26.100.104. Definitions. which section describes the meaning of terms used in the Land Use Code is hereby amended by revising the following terms and their definitions. where the new definitions will read as follows: Aspen Metropolitan (Metro) Boundary. That geographic area described and illustrated in the Aspen Area Community Plan, as amended from time to time, encompassing both the City of Aspen and its environs. (Also known as the Aspen Community Growth Boundary.) Lodge. Same as hotel, except that lodges, and all lodge units within a lodge. in the Lodge Preservation (LP) Overlay Zone District must be available for overnight lodging by the general public on a short-term basis for at least six month of each calendar year, and may have kitchens within individual lodge rooms. ~kssential Public Facili~~ 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. Development Order. A written authorization issued pursuant to the terms of this Title to undertake development according to an approved site specific development plan. (See, Common Development Review Procedures - Section 26.304.070 Development Orders.) Section 3: Section 26.430.030, Applicability of Special Review, which section describes the types of development subject to the provisions of Special Review. is hereby amended to read as follows: Special review shall apply to all development in the City of Aspen designated for special review by the following Chapters or Sections of this Title: â€¢ Dimensional requirements (Chapter 26.710 - Zone Districts), â€¢ Replacement of non-conforming structures ( Chapter 26.312) â€¢ Reduction of open space requirements in CC zone district (Section 575.030(B)), â€¢ Increase of floor area. â€¢ Off-street parking requirements (Section 26.515.040), â€¢ Reductions in the dimensions of utility/trash service areas (Section 26.575.060), â€¢ Subdivision standards (Section 26.480.050). â€¢ Accessory Dwelling Unit Design Standards (Section 26.520) Ordinance No._, Series of2000. Page 4 Section 4: Section 26.430.040 (D). Review Standards for Special Review, which section describes the criteria in which development subject to Special Review is evaluated. is hereby amended to read as follows: 26.430.040(D) Increase of Floor Area. Whenever a special review is conducted to determine an increase in the external Floor Area Ratio. as provided in specified zone districts. the development application is subject to the following criteria: 1. A minimum of sixty (60) percent of the additional floor area shall be affordable housing, with no more than forty (40) percent of the additional floor area intended for other uses. 2. The development complies with the dimensional requirements criteria of Section 26.430.040(A) above. 3. For Historic Landmark Structures the affordable housing portion of the additional tloor area may be provided either off-site or via a cash-in-lieu payment, if the following criteria are met: a) In order to ensure the addition is compatible with the Historic Landmark in terms of design. scale. site plan. massing, or volume, on-site affordable housing mitigation is undesirable. b) Any off-site affordable housing mitigation is provided at a level meeting or exceeding the provisions of Section 26.470.070(D)(5). c) The amount of non-affordable housing tloor area does not exceed forty (40) percent of the additional Floor Area Ratio allowed by Special Review. Section 5: Section 26.470.070(J), Affordable Housing, which section describes the types of development which may receive an exemption from the scoring and competition procedures of the Growth Management Quota System. is hereby amended to read as follows: Affordable housing. All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt from the competition and scoring procedures. The review of any request for exemption of housing pursuant to this Section shall include: 1. A determination ofthe City's need for affordable housing. 2. The proposed development's compliance with the Aspen Area Community Plan. housing sections, and addendum of said plan. Ordinance No._, Series of 2000. Page 5 3. The proposed location. number. type. size. rental/sale mix. and price/income restrictions o f the affordable housing units. 4. The phasing of affordable housing unit production in relation to impacts being mitigated through such provision. This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 and from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. Section 6: Section 26.304.070(D) and (E), Expiration of Development Orders and Revocation of Development Orders. which sections describe the effect of a development order in relation to vested property rights, and the manner in which a development order may be revoked, is hereby amended to read as follows: D. Expiration of development order. The development order shall not expire but shall be subject to any amendments to the Land Use Code. that have been adopted since the development was approved, after the period of vested rights has expired. Vested property rights. including allotments received pursuant to Chapter 26.470, shall expire on the day after the third anniversary of the effective date of the development order, unless a building permit is approved pursuant to Section 26.304.075. or unless an exemption or extension of the approval is granted by the City Council pursuant to Section 26.308. -E. Revocation of development order. The approval of a site specific development plan and subsequent issuance of a development order may be made with or without conditions. Failure to fully abide by the terms of any of the conditions of approval may result in the revocation of the development order and all associated vested property rights in accordance with Section 26.308.010(E). Section 7: Section 26.470.470(3)(b) Exemptions - Historic Landmarks which describes Growth Management Quota System (GMQS) exemptions for enlargements of historic landmarks for use as a commercial or office development. is hereby amended to read as follows: Increase in FAR and net leasable square footage. The increase in FAR and net leasable square footage for a historic landmark to be used as a commercial. office. or mixed use development including a residential component shall be reviewed by the Growth Management Commission for an exemption. The applicant shall demonstrate that as a result of the development. mitigation of the project's community impacts will be addressed by the standards set forth at sub-Section 5. below. Upon a recommendation from the Growth Management Commission. City Ordinance No._. Series of 2000. Page 6 V Council may waive, reduce. or defer the affordable housing mitigation as required. pursuant to subsection 5(a) below. when it finds that no employees will be generated. Section 8: Chapter 308, Vested Property Rights. which section describes the rights conferred, effect or expiration, process for exemption or extension of expiration. and process for revocation of vested property rights is hereby amended to read as follows: Chapter 26.308 VESTED PROPERTY RIGHTS 26.308.010 Vested property rights. A. Rights conferred. A development order constitutes a site specific development plan and subject to a vested property right. A vested property right is subject to expiration (See Section 26.304.070(D)), revocation (See Section 26.304.070(ED. and all rights of referendum and j udicial review. A vested property right shall preclude any zoning or land use action by the City of Aspen or by an initiated measure which would alter, impair. prevent. diminish, or otherwise delay the development or use of the property as set forth in the development order, except as set forth in Section 24-68-105. Colorado Revised Statutes. as amended. B. Exemption from expiration of Vested Rights. 1. The City Council may by resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a)) approve an exemption of the expiration of vested rights in accordance with this Section. Only subdivisions composed of detached residential or duplex units shall be eligible for exemption from the expiration provisions of Section 26.304.070(D). To obtain an exemption. an application for exemption shall be submitted at any time prior to the third anniversary of the effective date of the development order which shall demonstrate to the satisfaction of City Council that: a. Those conditions applied to the project at the time of its final approval that were to have been met as of the date of application for exemption have been complied with; and b. Any public or private improvements that were required to be installed by the applicant prior to construction of any dwelling unit have been installed. 2. An exemption from the expiration of vested rights shall have no time limit. Ordinance No._. Series of 2000. Page 7 C. Extension or Reinstatement of Vested Rights. The City Council may by resolution at a public hearing noticed by publication (See Section 26.304.060(E)(3)(a)) approve an extension or reinstatement of expired vested rights or a revoked development order in accordance with this Section. 1. In reviewing a request for the extension or reinstatement of vested rights. the City Council shall consider. but not be limited to. the following criteria: a. The applicant' s compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; b. The progress made in pursuing the project to date including the effort to obtain any other permits. including a building permit. and the expenditures made by the applicant in pursuing the project: c. The nature and extent of any benefits already received by the City as a result of project approval such as impact fees or land dedications; d. The needs of the City and the applicant that would be served by approval of the extension or reinstatement request. 2. An extension or reinstatement may be in the form of a written agreement duly authorized and executed by the applicant and the City. Reasonable conditions may be imposed by the City Council including. but not limited to. compliance with any amendments to this title adopted subsequent to the effective date of the development order and associated vested rights. 3. If the request is for reinstatement of a revoked development order, the City Council shall determine the financial impacts of the investigation and may require the applicant to pay the reasonable costs of investigation, enforcement and reporting by City staff. D. Expiration of Vested Rights. Pursuant to Section 26.304.070 a vested property right is initiated on the effective date of a development order for a site specific development plan and expires on the day after the third anniversary of said effective date. After expiration. a development order remains valid, excluding any allotments granted pursuant to Section 26.470 growth management. but shall be subject to any changes in the Land Use Code that have been adopted since the development's original approval. The period of vested rights may be extended or the development exempted from expiration pursuant to this section. E. Revocation. The City Council may by resolution at a public hearing noticed by publication and mailing to the applicant (See Section 26.304.060(E)(3)) revoke a development order and associated vested rights upon a finding that: Ordinance No._. Series of 2000. Page 8 1. The terms and conditions of the development order have not been met: or 7 The development order is void within the meaning of Section 26.104.050. Section 8: This Ordinance 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 9: If any section. subsection, sentence. clause. phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court o f competent j urisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 10: A public hearing on the Ordinance shall be held on the 108 day of April. 2000. at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado. fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 13th day of March. 2000. Attest: Kathryn ~Roch<City Clerk ~achel E. Richards, 14~yor FINALLY, adopted, passed and approved this 10th day of April. 2000. Attest: A ,1 â‚¬710 2/ ~ryn S. ~Ach,tity Clerk ~ Rachel E. Richards, N~yor Ordinance No._, Series of 2000. Page 9 6 EXHIBIT A ORDINANCE N0. 42 (SERIES OF 2000) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REZONING FROM R-6 (MEDIUM DENSITY RESIDENTIAL) TO PUB (PUBLIC), AMENDMENTS TO THE ASPEN LAND USE CODE, AND AN EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY FOR THE YELLOW BRICK SCHOOL LOCATED ON LOTS A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, AND S, AND A FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR LOTS A, B, C, D, E, F, G, H, and I FOR THE YELLOW BRICK SCHOOL LOCATED AT 215 NORTH GARMISCH STREET, BLOCK 57, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-36-850 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Tim Anderson and Glenn Horn of Davis Horn Inc. for rezoning from R.-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School located at 215 North Garmisch Street, City ofAspen, Pitkin County, Colorado; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Fire, Streets, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of six to one (6 - 1), to City Council to approve the rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan made at a duly noticed public hearing on August 15,2000, that included comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds 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, Yellow Brick School 7 WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School is approved with the following conditions: 1. That any new sidewalk, curb, and gutter shall be designed using the City of Aspen design standards which are available in the City Engineering Department; 2. That all uses and construction will comply with the City of Aspen Water System standards, Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities; 3. That prior to remodel, expansion or demolition of any part of any public or commercial building, including removal of drywall, carpet, tile, etc., the State of Colorado must be notified and a person licensed by the State to perform asbestos inspections must complete an inspection. The Building Department shall not sign any building permits until an asbestos report has been submitted. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it; and 4. That priority be given to children's educational uses on the main level of the Yellow Brick School and that this priority not be so binding as to preclude other uses in the event that a children's educational use cannot accommodate the space on the main level of the Yellow Brick School; and 5. The Final Planned Unit Development (PUD) must be recorded with the Pitkin County Clerk and recorder. Section 2 Section 26.710.250 (A. and B.) of the City of Aspen, Colorado Land Use Code is hereby amended to read as follows: A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmentall quasi-governmental and non-profit facilities for cultural, educational, civic and other non-profit purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district: 1. Library; 2. Museum; 3. Post office; Yellow Brick School 8 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 6. Public transportation stop; 7. Terminal building, and transportation related facilities; 8. Public surface and underground parking areas; 9. Fire station; 10. Public and private school; 11. Public park; 12. Arts, cultural and recreational activities, buildings and uses; 13. Accessory buildings and uses; and 14. Public and Private non-profit uses providing a community service; 15. Childcare center. Section 3: 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 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 28th day of August, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor FINALLY, adopted, passed and approved this 25th day of September, 2000. Yellow Brick School 9 Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor Approved as to form: John Worcestor, City Attorney Yellow Brick School 10 01@1@1@1@1@101@1@ 69 1 0 1 Uu'Vil nbul'- L-i,. 89.2; 89.5' 501 ENCLU DESIGNWORKSHOP Landscape Architecture . Land Planning CONC. 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I - 74'..4 i r j If \>" \ 89 9 0, REVISIONS r 1.,64. 1 4, f 4 i REI i aL \ 81, .. 92.0 \ 9 lili ~ ISSUE DATE: 8 June 2000 I U j:Â·,P 1 - '1'Â· 1 4 F 0- # DATE DESCRIPTION 9- .i-. 1 7/27/00 Design Development review 1 / 1 1 - p /' e 4 - 04 .. i. f .... 1 ...1 >/ DRAWN: REVIEWED: Design f~ Development 97.y \ 1\ PROJECT NUMBER: 2496 .. 1 0 : ,,ry A â€¢ 1 - , C irv . 1 LA 91.6 10 1:---- --- -----$-$-IJA~ 4 14 . 4 L f /4 \-2337 -L.--,-1/ , / ------ Planting Plan 7893 1 1 SHEET NUMBER L7.01 Â©COPYRIGHTDESIGWORKSHOP, INC. 0 1 @ 1 Â® 1 Â® 1 Â® l el Â® 1 Â® 1 0 1 Â® )lied poo410q46!eN 40!JqAAOHeA ued sv Jo Al 0 Opejoloo 'uedsv 1 4. ' OIL/Â«.. 9 4 -" e - 19 -Â» 1.\9~*" \ 73., 1 4 .1 - - ~AD" t. 1 I 4 -â€¢7 + 1/ 7 ' .F'jt~ " v p AO " AO y '2, . I 0 0 V ... . . ...... 4 /1 p k ' 0 0. 1 i 3.1 4 1 1, - I ' .. 6, , .' . 49 I . - 1 ' r , 6 D, .. 4 .... - A .. ... N. . 1 i . t r - 2,74*.1 .0 US -74A-A . . 4 2 /01 3 r j. ' '1~tiv , ./ 4, '* . A I 1 l. A - fÂ» 4 -*- ~ ..k - 4:4<Pchit 11 - -- - 94~40 . 9 / I 4 0 19 'Virm 4.94 : */ -- . , V.m 9 1 9* v - -p -.-'/1/- -- - ~9.- -A - 11Â· 5 1.1 1 In 4 ..mals- dp -leÂ» 1. glillill'im 1 1. , l 1 I :A F .- ..a. e Â¥ V .. 1 & - F lilli i } 8YA~,%s I i 04* -. 4 ...1- . ./.6. 4 . "PR. . .. Â¥ . CITY COUNCIL AGENDA September 25,2000 5:00 P.M. 1. Call to Order 11. Roll Call 111. Scheduled Public Appearances IV. Citizens Comments & Petitions Crime for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #128,2000 - Contract Parking Garage b) Resolution #129,2000 - Construction Contract - Yellow Brick Park c) Resolution #130, 2000 - Stein Way Street Name Approval d) Resolution 131, 2000 - Extension of Ute Mountaineer lease/golf course e) Ordinance #46,2000 - Code Amendments Taxation Title f) Board Appointment -P&Z Eric Cohen VII. Public Hearings a) Resolution #106,2000 - Kaplan Annexation b) Resolution #120,2000 - Eligibility of Burlingame/Bar/X Ranch for COWOP c) Ordinance #43,2000 - Sandunes Subdivision d) Ordinance #28, Series of 2000 - Sandunes Annexation e) Ordinance #41,2000 - Aspen Mountain PUD Code Amendment D Ordinance #42,2000 - Yellow Brick PUD Amendment VI11. Action Items a) Resolution #114, Series of 2000 - Meadows Lot 8, 9, 10 SPA Supplement Agreement b) Ordinance #45,2000 - Visitor Benefit Tax IX. Information Items e a) Ice Garden Renovation X. Executive Session Lawsuit Settlement XI. Adjournment Next Regular Meeting October 10, 2000 COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT MEETING ROOM MEMORANDUM 40\4, TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director~ Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner /53- RE: Yellow Brick School Code Amendments / Rezoning / Growth Management Quota System Exemption and Final Planned Unit Development (PUD) - Second Reading DATE: September 25,2000 1.1 4 -I.milill- 1,2~ Panoramic view from the corner of Bleeker and Garmisch Streets showing existing asphalt playground in foreground and existing Yellow Brick School building in the background. APPLICANT /OWNER: City of Aspen REPRESENTATIVE: Tim Anderson, Aspen Recreation Department LOCATION: 215 North Garmisch Street, Lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 57, City and Townsite of Aspen, Aspen Colorado CURRENT ZONING: R-6 (Medium-Density Residential) SUMMARY: The applicant proposes to 1) rezone from R-6 (Medium-Density Residential) to PUB (Public), 2) amend the Land Use Regulations, 3) apply for an Exemption from the Growth Management Quota System for an Essential Public Facility, and 4 Final Planned Unit Development (PUD) Plan. APPROVED AND CURRENT LAND USE: R-6 Zone District allowing Pre-School and Education Related Uses as conditional uses. REVIEW PROCEDURE Consolidated Conceptual and Final Review (Two-Step Review). h has been determined by the Community Development Director that because of the limited extent of the issues involved in this proposed PUD in relation to these review procedures and standards and because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director determined that the four- step review would be redundant and serve no public purpose. The City Council may, during review, determine that the application should be subject to both conceptual and final plan review, in which case consolidated review shall not occur. STAFF COMMENTS: The Applicant, City of Aspen, represented by Tim Anderson of the Recreation Department and Glen Horn of Davis Horn Incorporated requests approval of the following land use actions for the Yellow Brick School Building located at 215 North Garmisch Street on Block 57, City and Townsite of Aspen, Colorado. > Rezoning from R-6 (Medium-Density Residential) to PUB (Public); > Amendments to Land Use Code Section 26.710.250 Public Zone District; > Growth Management Quota System Exemption for an Essential Public Facility; and > Final Planned Unit Development (PUD) Plan. Background The Yellow Brick School Building was owned and operated by the Aspen School District until 1998. The Aspen School District is an independent district that operates without any review authority by the City of Aspen. In the summer of 1991, the Early Learning Center received Conditional Use approval from the Planning and Zoning Commission to use the Yellow Brick School as a pre-school in the R-6 Zone District. The Early Learning Center has operated in the Yellow Brick School building since the fall of 1991. In 1993, the Aspen Planning and Zoning Commission approved Resolution 93-09 amending the original Conditional Use approval to allow "educational related" uses in the building. The amendment expanded permitted uses in the building to include "educational related uses that, although primarily applicable to children, could also include adult oriented educational related uses." Finally, the City of Aspen purchased the Yellow Brick School in 1998 from the Aspen School District. Subsequently, the Yellow Brick Task Force and Tenant Committee, consisting of a variety of community volunteers and neighbors, defined the building's public purposes to be educational and community service in nature. On March 16, City Council approved Resolution 27, Series of 2000 allowing the Yellow Brick to create additional leasable space for non-profit organizations while allowing the facility to operate more efficiently. On May 15th, 2000, the Aspen City Council approved a funding request for Yellow Brick Capital Improvements, which Yellow Brick School 2 included a line item for the basement of the building allowing "the City to charge minimal rents that would create affordable space to not-for-profits that could only afford such rent." The application attached included the proposed Yellow brick Park site. Thought not part of this PUD, City Council approved funding for a park and playground facilities. Staff does not feel it is necessary to encumber the park with a PUD designation. These changes are reflected throughout this staff report. [The park was part of the 1999 Parks and Recreation Bond Issue that passed to build new and improved park spaces throughout Aspen. The Parks Department worked with the community to identify the needs for the parkfor approximately two years and the final stages of the planning and documentation are currently underway. Earlier, City Council approved the design portion (Part I) of a two part Design / Build Contract for the design and construction of the Yellow Brick Neighborhood Park. The construction portion (Part ID of the two-part contract was approved by City Council on August 281 2000. Construction began August 29 (mobilization)1 Finally, in a similar fashion to the requests for the Yellow Brick School, the City acquired the Red Brick School in 1993 and 1) amended the Public Zone District to allow "arts, cultural and recreational activities, buildings and uses", 2) rezoned the site from R-6 (Medium Density Residential) to PUB (Public), and 3) granted an exemption from the Growth Management Quota System for the Red Brick School as an Essential Public Facility. The rezoning and text amendment allowed non-profit organizations and private artist studios to operate in the facility. Current Use Since the purchase of the property by the City in 1998, the Yellow Brick School continues to host a variety of education and community service related uses. Table 1 below indicates the Yellow Brick School building's tenants currently leasing space and their respective allocated square footage. It also includes the newly renovated basement offices and their respective gross square footage (which has not yet been leased). Table 1 Yellow Brick School Building Tenants Tenants Square Footage C.O.R.E. 455 Gay and Lesbian Fund 150 Waldorf School 960 Early Learning Center 5,845 Mare' s Play Group 1,608 Kid's Club (Skieo) 2,936 Basement Offices 3,000 Total 14,954 Requested Action At this time, the City of Aspen Recreation Department requests to rezone the former school site from Medium Density Residential (R-6) to Public (PUB). The R-6 Zone District allows child care Yellow Brick School 3 centers and public and private academic schools as Conditional Uses, but prohibits non-profit organizations. The proposed amendments to the Public Zone District would allow child care centers and public and private academic schools as Permitted Uses. Staff finds this proposed rezoning to Public and the associated proposed amendments to the Public Zone District creates a more appropriate zone for a combined educational and community service facility. Further, the Public Zone District is more appropriate for the property given the sale of the building from the Aspen School District to the City of Aspen. For these reasons, Staff believes that rezoning the former school site is the best mechanism to bring the existing and contemplated uses into compliance with the Land Use Code. Specifically, this application requests to 1) amend the Public Zone District to add the following uses as permitted uses: 1. Private School 2. Child Care Centers 3. Public and private non-profit uses providing a community service and 2) amend the purpose of the Public Zone District to include "non-profit facilities for cultural, educational, civic and other non-profit purposes." The 2000 Aspen Area Community Plan (AACP) contains a series of Goals promoting the Arts, Culture, and Education (p. 46). Two goals relate specifically to the Yellow Brick School and its proposed uses to provide office space for non-profit organizations as well as operating as an essential public facility. These include: Goal C: Ensure sufficient funding for arts, culture, and education valley-wide; and Goal E: Ensure the provision of public facilities and services to sustain arts, culture, and education in the community. Staff finds the proposed requests will result in a facility that will serve these goals in that it recognizes the contribution of the arts, culture, and education to the quality of life in Aspen. However, it should also be noted that the AACP also provides the following language in the Action Plan (p. 56 and Action # 53) regarding Essential Community Facilities and Affordable Housing: In planning for any "Essential Community Facility," it should be determined if there is sufficient affordable housing associated with the project to ensure the facility is viable over the long run. This application does not include a direct response to this Action in the AACP with respect to the relationship between an essential community facility and affordable housing. However, Staff finds that this action item is evaluated by judging the appropriateness of projects on a case-by-case basis by City Council. It should be noted that during the regular public hearing on August 15, 2000, the Planning and Zoning Commission raised concern over this issue, and forwarded a formal recommendation to the City Council to await the findings of the "Infill Study" currently underway Yellow Brick School 4 to determine if it has any impacts on the best use for the park space (rather than a voter approved and City Council approved park plan for the Yellow Brick School.) Staff finds that the proposed rezoning and amendments to the Public Zone District will provide a more suitable fit given the Yellow Brick's current uses and ownership. Moreover, this rezoning will not preclude the future option of considering the Yellow Brick School site for affordable housing as it (AH) is currently established as a conditional use in the Public Zone District. Approving this PUD would require that any future change be processed as a PUD amendment. STAFF RECOMMENDATION: Staff recommends the City Council approve 1) the rezoning from R-6 (Medium Density Residential) to (PUB) Public, 2) amendments to the Aspen Land Use Code, 3) Growth Management Quota System Exemption for an Essential Public Facility, and 4) a Final Planned Unit Development (PUD) Plan for the Yellow Brick School building on Lots A, B, C, D, E, F, G, H, and I of Block 57, with the following conditions: Conditions of Approval: 1. That any new sidewalk, curb, and gutter shall be designed using the City of Aspen design standards which are available in the City Engineering Department; 2. That all uses and construction will comply with the City of Aspen Water System standards, Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities; 3. That prior to remodel, expansion or demolition of any part of any public or commercial building, including removal of drywall, carpet, tile, etc., the State of Colorado must be notified and a person licensed by the State to perform asbestos inspections must complete an inspection. The Building Department shall not sign any building permits until an asbestos report has been submitted. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it; and 4. That priority be given to children's educational uses on the main level of the Yellow Brick School and that this priority not be so binding as to preclude other uses in the event that a children's educational use cannot accommodate the space on the main level of the Yellow Brick School; and 5. The Final Planned Unit Development (PUD) must be recorded with the Pitkin County Clerk and recorder. Yellow Brick School 5 RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 42, Series of 2000, approving the 1) the rezoning from R-6 (Medium Density Residential) to PUB (Public), 2) amendments to the Aspen Land Use Code, 3) Exemption from the Growth Management Quota System for an Essential Public Facility for the Yellow Brick School located on Lots A, B, C, D, E, F, G, H, I, K, L, M, N, O, P, Q, R, and S of Block 57 and 4) a Final Planned Unit Development (PUD) Plan for the Yellow Brick School building on Lots A, B, C, D, E, F, G, H, and I of Block 57, for the Yellow Brick School located at 215 North Garmisch Street, City and Townsite of Aspen, Pitkin County, Colorado." CITY MANAGER'S COMMENTS: ATTACHMENTS: REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A -- ORDINANCE No. 42, SERIES 2000 -P EXHIBIT B -- REZONING FROM R-6 TO PUBLIC ZONE DISTRICT EXHIBIT C -- CODE AMENDMENT TO PUBLIC ZONE DISTRICT EXHIBIT D -- GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY EXHIBIT E -- FINAL PLANNED UNIT DEVELOPMENT (PUD) SUPPORTING DocUMENTS EXHIBIT F -- PARCEL LOCATION VICINITY MAP EXHIBIT G -- DEVELOPMENT APPLICATION EXHIBIT H -- CAPITAL IMPROVEMENTS MEMORANDUM 41 N , - 2 2__ 46 Â£ f 12%3 , f l,01,~,cvj-c>Â»3 0 0-Â¥ / 9= (411.+ 71 y 3.4 4-. 4- 1 .1 . i f Yellow Brick School 6 EXHIBIT B REZONING FROM R-6 TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding The proposed amendment to the official zone district map to change the subject property's zoning designation from R-6 to Public is not in conflict with any portion of the Land Use Code provided the accompanying text amendment is approved. The amendment does not represent new land use policy or a change in land use policy for the City of Aspen. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The 1993 Aspen Area Comprehensive Plan (AACP) calls for the support and enhancement of the educational use of the Yellow Brick School. The City purchased the facility primarily to continue school's educational functions, and also to provide space for non-profit groups. This amendment to the map is not only consistent with the AACP, but is a step toward insuring that the structure is preserved for educational and community services. After the City purchased the property, the Yellow Brick School Task Force and Tenant Committee was formed to address the building's use. The committees, which consist of a wide variety of community volunteers, determined that the building would be used for educational and community services. They also approved of creating affordable space in the basement for non-profit groups. These decisions support the Yellow Brick's continued educational use and are therefore consistent with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed use is compatible with surrounding zone districts and land uses. In the past, it was an even more intensive educational use as a fully functioning school, which was a permitted conditional use in the R-6 zone district in the same location. The subject property is situated in the well-established West End residential neighborhood. To the north, west, and east of the Yellow Brick School are single-family homes, which have predominated in the neighborhood since the 19th century. To the south are single-family homes and the Hotel Aspen. And, to the northeast is the Red Brick School, now the Aspen Arts and Recreation Center, . Yellow Brick School 11 containing many similar uses. The Yellow Brick School committees' decisions concerning the facility's use and tenants has helped to ensure that the existing land uses are compatible with the neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The rezoning is expected to have minimal impact on traffic and road safety. The continuation of the existing uses will not generate more traffic or hinder road safety; however, leasing an additional 1,800 square feet to additional non-profit groups may impact traffic and road safety. The property is centrally located and easily accessed by foot and by public transportation. Therefore, vehicular trip generation will be less than for a property in a location which does not possess these transit and pedestrian amenities. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The rezoning to Public will not result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. E. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to Public will not adversely impact the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. The educational and community service uses have been consistent and compatible with the community character in the past and will continue to help build this character in the future. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The City purchased the Yellow Brick property from Aspen School District. The change in ownership from a school district to the governmental entity is a changed condition that supports the rezoning Yellow Brick School 12 from R-6 to Public, providing a more appropriate zone for combined educational and community service building. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding The text amendment to rezone the Yellow Brick School to Public and bring the existing educational and non-profit agencies into compliance with the Land Use Code is not in conflict with the public interest, but rather is strongly in the public interest. The rezoning of a public building to Public is also within the purpose and intent of this chapter of the Land Use Code. Yellow Brick School 13 EXHIBIT C CODE AMENDMENT TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the text and official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding No Land Use Code conflicts are evident for the proposed text amendments. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The amendments are consistent with the Aspen Area Comprehensive Plan (AACP). The 1993 AACP called for the City to "Support and enhance the educational use of the Yellow Brick School." The amendments help implement the Plan by expanding the educational uses allowed in the Public zone district by allowing private schools and child care facilities instead ofjust public schools. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Neighborhood compatibility issues will specifically be addressed pursuant to the rezoning standards. However, Public zoning in most communities provides for a wide variety of uses and activities for citizens and guests. Staff feels that the proposed changes will allow uses, which are very similar to the traditional and current uses of the Yellow Brick School. Staff also feels that the proposed uses will be compatible with the surrounding land use patterns. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding This proposed amendment will not effect traffic generation and road safety. Specific impacts will be considered during individual conditional use review processes. F. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Yellow Brick School 14 Staff Finding The addition of the proposed uses allowed in the Public zone district is not expected to result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. In addition the change from school to the proposed public uses has probably decreased the impacts on the Yellow Brick site given the reduction in the on-site population and public facilities required to accommodate them. G. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The primary affect of this amendment will be to permit the Yellow Brick School's existing uses to continue and moderately expand. No adverse impacts are anticipated on the natural environment. I. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding This amendment adds language to a land use policy that is consistent and compatible with the community character. For approximately the past half-century, the Yellow Brick School and its uses have contributed to Aspen' s community character. The uses have recently changed from a neighborhood school to child care providers and community service related agencies. The uses located at this site reinforce core community values and, therefore, are consistent and compatible with the City's character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The Yellow Brick School building was sold by the Aspen School District to the City of Aspen. The change in ownership from a school district to the City is a changed condition, which prompted the rezoning, and this text amendment. The amendment is appropriate for the entire Public zone district because it carries out the zone's intent and purpose, but is most appropriate in its application to the Yellow Brick building. J. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding One of the goals of the AACP is to better utilize community facilities. These amendments allow for enhanced public-oriented uses at a public site. Yellow Brick School 15 EXHIBIT D GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY REVIEW CRITERIA & STAFF FINDINGS The following types of development are exempt from the growth management competition and scoring provisions of this Title. Some types of exempt residential and tourist accommodations development are deducted from the pool of annual development allotments and Aspen Metro Area development ceilings; others are not. This Section describes the types of development that are exempt from growth management competition and scoring; conditions or standards, if any, for exemption; and the decision making body responsible for reviewing applications for exemption. Exemption for Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. This exemption is available provided the following conditions are met: 1. Except for housing, deyelopment shall be considered an essential public facility if: a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. Staff Finding Currently, the Yellow Brick School hosts a variety of uses including a child care center and non- profit organizations, which embody an education and community service focus. The 3,000 sq. ft. basement space in the building proposed as non-profit office space already exists. Prior to this proposed use, the space was formerly utilized by Aspen Interactive as office space, served as a library space for the Yellow Brick School, a kitchen, and a storage space. Staff finds that there will not be an increase in impacts resulting from leasing this office space. Further the City will advertise for non- profit tenants to fill those offices. 2. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. The generation of additional employees, the demand for parking, road and transit services, and Staff Finding The space in the building proposed as non-profit office space already exists and has been utilized for years through a variety of uses as indicated above. Staff finds that there will not be an increase in impacts resulting from leasing this office space to non-profit organizations considering use by prior tenants. Yellow Brick School 16 ii. The need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that: Staff Finding The space in the building proposed as non-profit office space already exists and has been utilized for years. Staff finds that there will not be an increase in impacts resulting from leasing this office space to non-profit organizations considering use by prior tenants. iii. The proposed development has a negligible adverse impact on the City's air, water, land and energy resources, and is visually compatible with surrounding areas. Staff Finding The proposed use will not result in any changed impact on air, water, land, and energy resources. Though not part of this PUD, previously approved park plan improvements to the playground area in front of the Yellow Brick School building will enhance the surrounding area not only for the children using the Yellow Brick but also children and residents in the west end neighborhood. Yellow Brick School 17 EXHIBIT E FINAL PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds that this application is consistent with the 2000 Aspen Area Community Plan (AACP). The AACP includes a series of Goals to promote the Arts, Culture, and Education (p. 46). Two goals relate specifically to the Yellow Brick School and its proposed uses to include non-profit office space as well as operating as an essential public facility. These include 1) Goal C: Ensure sufficient funding for arts, culture, and education valley-wide, and 2) Goal E: Ensure the provision of public facilities and services to sustain arts, culture, and education in the community. Staff finds this application serves these goals in that it recognizes the contribution of the arts, culture, and education to the quality of life in Aspen. However, it should also be noted that the AACP also addressed the issue of Essential Community Facility and Affordable Housing. The Plan indicates that "in planning for any 'Essential Community Facility,' it should be determined if there is sufficient affordable housing associated with the project to ensure the facility is viable over the long run." This application does not include a direct response to this Action in the AACP with respect to the relationship between an essential community facility and affordable housing. The Yellow Brick School building modification is entirely within the basement of the structure where a variety of uses previously existed. This proposal is consistent with the character of existing land uses in the surrounding area. Further, this proposed development includes the application for an exemption from GMQS for an "essential public facility" in combination with this final PUD development plan review. B. Establishment of Dimensional Requirements: Yellow Brick School 18 The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subj ect property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Yellow Brick School 19 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Notes: d) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying zone district as long as, on average, the entire PUD conforms to the maximum density provisions of the respective zone district or as otherwise established as the maximum allowable density pursuant to a Final PUD Development Plan. e) The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding The Aspen Land Use Code does not specify dimensional and off street parking requirements for the Public Zone District; rather, the requirements are established in the Final Planned Unit Development Plan. Since the Public Zone District uses the PUD plan review only as a means of establishing dimensional and parking requirements and the Yellow Brick School Building has existed for over 40 years, most sections of the PUD review are not applicable to the subject site. Yellow Brick School 20 The following proposed dimensional requirements for the site are based upon consideration of existing conditions, proposed improvements, and consideration of the dimensional standards in the R- 6 and Office Zone Districts. a) Minimum distance between buildings 10 feet b) Maximum height (including viewplanes) 25 feet c) Minimum front yard 20 feet d) Minimum side yard 5 feet e) Minimum rear yard 10 feet f) Minimum lot width 60 feet g) Minimum lot area 6,000 square feet h) Internal Floor Area Ratio .75:1 i) Minimum percent open space 25% Though not part of the PUD, the park plan will eliminate currently existing head-in parking spaces located along the Bleeker Street side of the Yellow Brick School property. The existing parking is presently in the right of way. 1 **44--I-Â£9rn.2 Parking along Bleeker Street will be ~6% converted to parallel parking to -3,Â·*96*F./I#,&..I"-m'qr-- accommodate the park expansion, -*am 112kFAVIBL~r~4<Ili '2* 4 which will replace the parking area ~ . 1~: 4,â€¢. 9i~ with street trees, grass, sidewalk, .rs'll'ill. and curbs as per discussions 1 ..42 ./ 2. 1 . between the Parks and . Transportation Departments. This 1 .t, I : change in parking will be consistent /1.1. with surrounding neighborhood parking. This is a loss in parking .. 4. .... '14 spaces; however, the current head- . : 5 11 in parking along Bleeker Street is in * + the right Of way and not on the .1 t... 73% Yellow Brick School property. The Â·.4 7,# Â·: â‚¬*b, ... streets in the vicinity of the Yellow Brick are posted for two hour parking and residential permit parking. The picture to the right shows existing head-in parking spaces along Bleeker Street. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Yellow Brick School 21 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding This criterion does not apply to this development proposal. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Though not part of this PUD, the adjacent park plan will have major landscaping impacts. The landscape / park plan depicts the addition of many new trees designed to separate activities in the park and playground. Landscaping will consist of grass, Aspen and Cottonwood trees. Staff finds that this plan will considerably decrease the existing amount of impervious asphalt that currently covers a majority of the playground while at the same time provide a grass "green" which will support many outdoor activities for the building's tenants as well as the neighborhood. Further, staff finds that these park improvements will greatly improve the vegetative coverage of the site while maintaining a variety of park activities. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an Yellow Brick School 22 architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture ofthe development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding This criterion does not apply to this development proposal. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding This criterion does not apply to this development proposal. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together Yellow Brick School 23 with a deed restriction against future residential, commercial, or industrial development. Staff Finding Please see criteria D above. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City' s infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding Staff finds that adequate public infrastructure facilities exist in the basement of the Yellow Brick School building to accommodate the proposed office space provided for non-profits. This space formerly served as a library for the school as well as office space for Aspen Interactive. Additionally, this space was recently renovated and can provide adequate infrastructure to potential leasors. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. Yellow Brick School 24 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The existing parking is presently in the right of u. *. way. Parking along Bleeker Street will be I .% - 9. at .... ~p' ,21 1~ /Â£2~ converted to parallel parking to accommodate the park expansion, which will replace the parking 10.. -ZL.-â€¢.Â·Â· Â¢r L,,~~ area with street trees, grass, sidewalk, and curbs ** : Slia....~ as per discussions between the Parks and i~~â€¢*,Â¤~ Transportation Departments. This change in JI~ parking will be consistent with surrounding neighborhood parking. This is a loss in parking spaces; however, the current head-in parking along Bleeker Street is in the right of way and not on the Yellow Brick School property. The streets in the vicinity of the Yellow Brick are posted for two hour parking and residential permit parking. All other aspects of vehicular access will remain unchanged with respect to this proposal. This picture to the left indicates currently existing head-in parking on Bleeker Street. J. Phasing of Development Plan. (Does not apply to Conceptual PUD applications) The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Internal improvements renovations have been initiated and are nearly complete. The neighborhood park is currently under development. Yellow Brick School 25 EXHIBIT F PARCEL LOCATION VICINITY MAP N< N N 1. L<W#~AE 0 4/1 fÂ«-1 ~ FluÂ«\ 1 4- If E+ViLAM ST V 9/1 1 ~~trliÂ«Â£3 -1-- t LL 18 E -3 1 eL f--Â» L.J.l /4 ..il W MAINST E MANST â‚¬ /573 1~~i,i~ -/ f //cli'killi.%-: ijmkz-i Â« Bit , 214 3 81"I./0 ki ---- I. 4 tr Kh,biT U - Davis HornPLMS- PLANNING & REAL ESTATE CONSULTING % June 16, 2000 Nick Lelack Aspen-Pitkin Community Development 130 South Galena Aspen, Colorado 81611 Re: Yellow Brick School Rezoning, Final Planned Unit Development Plan, Growth Managment Quota System Exemption for Essential Public Facility and Aspen Land Use Regulations Amendment Dear Nick: Davis Horn Incorporated represents the City of Aspen (hereinafter "applicant"), owner of the Yellow Brick School. Attachment 1, is a letter from Tim Anderson of the City of Aspen authorizing Davis Horn Incorporated to submit the application and represent the applicant in the land use approval process. The applicant is seeking the following land use approvals: * Rezoning from R-6 to PUBLIC (Section 26.310); * Amendment to Land Use Regulations (Section 26.310). * Final Planned Unit Development Plan (Section 26.445.050) ; and * Growth Managment Quota System Exemption for Essential Public Facility (Section 26.470.470 H). As depicted by the Vicinity Map, attachment 2, the subject site is located on Block 57, Aspen Townsite, 215 North Garmisch Street. The property is owned by the City of Aspen. This application is divided into the following three sections: * Background; * Project Description; and * Land Use Approvals. BACKGROUND The Yellow Brick School Building was owned and operated by the Aspen School District until 1991. In the summer of 1991, the Early Learning Center received Conditional Use approval from the City of Aspen Planning and Zoning Commission to use the Yellow Brick School ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. Â· SUITE 104 Â· ASPEN, COLORADO 81611 Â· 970/925-6587 Â· FAX: 970/925-5180 Nick Lelack June 16, 2000 Page 2 Building as a pre-school. The Early Learning Center has operated in the Yellow Brick School building since the fall of 1991. In 1993, the Aspen Planning and Zoning Commission approved Resolution 93-9 amending the original conditional use approval to allows educational related uses in the building (see Attachment 3). The amendment expanded permitted uses in the building to include "educational related uses that although primarily applicable to children could include adult oriented educational related uses also." In 1998 the City af Aspen acquired the Yellow Brick School Building from the Aspen School District. Attachment 4 is a current site survey which depicts existing conditions. PROJECT DESCRIPTION The demand for space in the Yellow Brick School has evolved somewhat since the last land use review in 1993. The primary use continues to be pre-school and educational related uses. There is a need for reasonable priced office space for public and non-profit uses providing community service, similar to uses housed in the Red Brick School. This application proposes locating non-profit off ice within basement of the Yellow Brick School Building. This land use application proposes amending the Aspen Land Use Regulations to accommodate 22122 schools and non-profit organizations as permitted uses in the Public zone district. The I-and use apFlication also propoS'es a lariHEEkpe and park plan for the existing playground. Attachment 5, Yellow Brick School Park and Playground plan, depicts the site plan for the Yellow Brick School. The Plan proposes the replacement of the large asphalt playground with a diversified park plan which offers amenities for the children in the Yellow Brick School as well as the West End neighborhood. A new detached concrete side walk and street trees will surround the site. The re--schoolaÂ¥ m rea will be located on the west side of the Park adjacent to a neighborhood oriented play area (First Street side). A large river romk_play feature will be located in sand immediately south of the Yellow Brick 7-c-Hool. To the south of the sand play area will be a grass quad surround_*d bv tregs . A picnic shelter. is proposed in the-center of the Park, just to thE west of a nfs basketball court. Amphithe.ater seating will surround the basketball- court (GarmiscE-and Bleeker Street sides) . The proposed Yellow Brick School Park and Playground will be far more attractive Nick Lelack June 16, 2000 Page 3 than the existing asphalt playground and should enhance the neighborhood. The tenants inside the Yellow Brick School building will generally be the same as the existing tenants with the addition of non-profit office space in the basement of the building. Attachment 6, Existing Yellow Brick School Building Floor Plan shows the first floor and basement layout of the building. The basement space is currently being renovated. Table 1 identifies the existing and proposed tenants. TABLE 1 YELLOW BRICK SCHOOL BUILDING PROPOSED TENANTS Tenants* Square Footage C.O.R.E. 460 Aspen Interactive 1,260 Gay & Lesbian Fund 150 Waldorf School 820 Early Learning Center 6,670 Mare's Play Group 790 Kid's Club 3,220 Non-profit Offices 1,860 Total 15,210 * All tenants are existing with the exception of non-profit office space which is under renovation in basement. Source: City of Aspen Recreation Department LAND USE APPROVALS This section of the land use application demonstrates compliante with the Aspen Land Use Regulations. Rezoning from R-6 to PUBLIC (Section 26.310) The subject site is currently zoned R-6, similar to most of the Â· E Nick Lelack June 16, 2000 Page 4 land in the Aspen West End. Although a school is a conditional use in the R-6 zone, the Public zone district is more appropriate for the property given the sale of the building from the Aspen School District to the City of Aspen. A rezoning is an amendment to the official zoning map. This rezoning is therefore requested pursuant to Section 26.310 of the Aspen Land Use Regulations. These standards are identified and addressed below. A. Whether the proposed amendment is in conflict with any applica4le portions of this title. There are no conflicts with the Regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The amendments are generally consistent with the recommendations of the Aspen Area Community Plan (AACP). The amendments help implement the Plan by expanding the educational uses allowed int he Public zone district and by allowing private schools and child care facilities instead of just public schools. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses considering the existing land use and neighborhood characteristics. There will be very few changes in the existing uses proposed for the building. Most of the uses proposed for the building have been occurring since 1991. The uses are "conditional uses" in the R-6 zone. It is unlikely that there will be any perceptible change in the neighborhood as a result of the proposed rezoning from R- 6 to PUB. D. The effect of the proposed amendment on traffic generation and road safety. The proposed amendment will not have any significant effect on traffic generation and road safety. The subject site is easily accessible to mass transit and accessible for pedestrians and bicyclists. It is in easy walking distance to downtown Aspen. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether Nick Lelack June 16, 2000 Page 5 the extent to which the proposed amendment would exceed the capacity of such facilities, including but not limited to, transportation facilities, water supply, parks drainage, schools and emergency medical facilities. The addition of the proposed uses allowed in the Public zone is not expected to result in increased demand on public facilities. It is unlikely that there will be any change in demands for public services resulting from the rezoning. F. Whether* and the extent the proposed amendment would result in significant adverse impacts ont he natural environment. The primary affect of the proposed amendment will be to permit existing uses to continue and expand the range of uses permitted in the facility. Adverse impacts on the natural environment are not foreseen. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The proposed zoning change is consistent and compatible with the community character in the City of Aspen and the neighborhood. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. In the past thirty years there has been a slow change in the West End from a primarily resident occupied neighborhood which generated many school children who would walk or bike to school to an area comprised of predominantly seasonal residents. The seasonal residents do not have kids who attend local schools. Consequently, the school moved and the facility is being reused for more diverse public purposes. The change in demand for a different type of uses in the facility necessitates the rezoning to Public. The Public zone permits a wider range of uses than conditional uses in the R-6 zone. I. Whether the propose amendment would be in conflict with the public interest and is in harmony with the purpose and intent of this title. Nick Lelack June 16, 2000 Page 6 The rezoning of a publicly owned property and building to the Public zone is consistent with the Regulations. Amendment to Land Use Regulations (Section 26.310) Three text amendments to the Aspen Land Use Regulations are proposed. The proposed amendments are identified below followed by demonstration of compliance with the standards of the Regulations. It is proposed t4at the purpose of the Public zone district be # ~ amended to addres-s provisions for non-profit usesâ€ž The definition appears below with new language in italiCS. The purpose of the Public (PUB) zone district is to provide for the development of government, quasi- governmental and non-profit facilities for cultural, educational, civic, and other non-profit governmental purposes. It is proposed that the following uses be added to the permitted 81 uses in the Public zone: 1. private school; 2. public and private non-profit uses providing a community service; and 3. child care center. It is further proposed that the a definition of "non-profit 43 organization be added to the Regulations and the "essential public facility" definition be slightly amended as shown below. Non-profit organization. An entity which has received a 4 4 favorable determination letter from the United States Internal 6>~~P\--c, Revenue Service regarding their tax exempt status, and is r 1 incorporated, subject to compliance with applicable provisions r& 4 ~ ,(47) of the Colorado Revised Statutes (CRS) Corporations and Associations articles 121 to 137. Essential Public Facility. A facility available for use and - benefit of the general public serving an essential public purpose in response to local needs which is not primary growth -1-0 generator. Thc development or maintenance of commercial wirclcoo telecommunication services facilitico and/or Nick Lelack June 16, 2000 Page 7 equipment io not an cosential service, but the development or maintenance of wirclcoo telecommunication service facilities and/or equipment uocd exclusively for police, fire and/or other emergency response communication systems ohall bc considered coocntial ocrvicco. A. Whether the proposed amendment is in conflict with any applicable portions of this title. There are no conflicts with the Regulations. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. The amendments are generally consistent with the recommendations of the Aspen Area Community Plan (AACP). C. Whether the proposed amendment is compatible with surrounding zone districts and land uses considering the existing land use and neighborhood characteristics. This standard is not applicable to text changes, but is applicable to zoning map changes. D. The effect of the proposed amendment on traffic generation and road safety. This standard is not applicable to text changes, but is applicable to zoning map changes. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including but not limited to, transportation facilities, water supply, parks drainage, schools and emergency medical facilities. This standard is not applicable to text changes, but is applicable to zoning map changes. F. Whether and the extent the proposed amendment would result in significant adverse impacts ont he natural environment. The primary affect of the proposed amendment will be to permit existing uses to continue and expand the range of uses permitted in the facility. Adverse impacts on the . Nick Lelack June 16, 2000 Page 8 natural environment are not foreseen. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. This standard is not applicable to text changes, but is applicable to zoning map changes. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support~the proposed amendment. This standard is not applicable to text changes, but is applicable to zoning map changes. I. Whether the propose amendment would be in conflict with the public interest and is in harmony with the purpose and intent of this title. The proposed text amendment is intended to further the public interest. Final Planned Unit Development Plan (Section 26.445.050) This section of the land use application demonstrates compliance with Final Plarined Unit Development Plan standards (Section 26.445.050). Attachment 3, site survey, depicts the existing site and building. The building foot print covers approximatley 21,500 square feet. The remainder of the site, will be dedicated to park and playground uses (see Attachment 5, Yellow Brick School Park and Playground Plan). The Aspen Land Use Regulations do not specify dimensional and off- street parking requirements for the Public zone, instead the requirements are established in the Final Planned Unit Development plan. Since the Public zone district uses the PUD plan review only as a means of establishing dimensional and parking requirements and the Yellow Brick School Building has been in existence for over -40 years, most sections of the PUD review are not applicable to subject site. Only those standards which are applicable are addressed in the application. The following regulations are not addressed: 26.445.050 B.1.b.c.f.g.i.j.k.1.. The dimensional requirements for the site shall be as follows: Nick Lelack June 16, 2000 Page 9 Minimum distance between buildings: 10 feet Maximum height (including viewplanes): 25 feet Minimum front yard: 20 feet Minimum side yard: 5 feet Minimum rear yard: 10 feet Minimum lot width: 60 feet Minimum lot area: 6,000 square feet Internal Floor Area Ratio: .75:1 Minimum percent open space: 25 The preceding requirements are based upon consideration of existing conditions, proppsed improvements and consideration of the dimensional standards in the R-6 and O zone districts. There will not be an significant change in.parking demand resulting from the proposed rezoning. Currently parking occurs on the City streets and in perpendicular spaces on the north side of Bleeker Street. The parking spots on Bleeker Street will be converted to parallel parking to accommodate the expanded park and playground plan. The streets in the site vicinity are posted for two hour parking and residential permit parking. Attachment 5 is an illustrative landscape plan of the park and playground area. The plan depicts the addition of many new trees designed to separate activities in the park and playground. Landscaping will be comprised of grass, aspen and cottonwood trees. Growth Managment Quota System Exemption for Essential Public Facility (Section 26.470.070 H) The applicant proposes leasing approximately 1,860 square feet of existing space to non-profit organizations. Expansion is not proposed, therefore additional impacts on the City of Aspen or site vicinity are not anticipated. This section of the application demonstrates compliance with the regulations in section 26.470.070 H. 26.470.070 H.1.a. It serves an essential public purpose, provides facilities in response to the demands of growth, it no itself a significant growth generator, is available to the general public and serves the needs of the City. The space in the building already exists. The application seeks to 1-'- 7 LO M N {1 0 tr 0.1 Nick Lelack June 16, 2000 Page 10 lease the space to non-profit organizations. There will not be increased impacts resulting from leasing the office space. The City of Aspen will advertise for non-profit tenants. 26.470.070 H.2.i. That the impacts of the essential public facility will be mitigated, including those associated with the generation of additional employees, the demand for parking, road and transit services. Since the existing,,space has been utilized for years there will not be any increased impacts from a non-profit organization utilizing the office space rather than the prior tenants. 26.470.070 H.2.ii. That the impacts of the essential public facility will be mitigated, including those associated with the need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. See above response. 26.470.070 H.2.iii. It shall also be demonstrated that the proposed development has a negligible adverse impact on the City's air, water, land and energy resources and is visually compatible with surrounding area. The proposed use will not result in any changed impact on air, water, land and energy resources. The proposed park and playground improvements will enhance the surrounding area. SUMMARY This land use application has addressed sections of the Aspen Land Use Regulations identified by the Cj_ty of Aspen staff in the pre- application summary sheet (see Attachment 6). Refer to the following attachments. 1. Letter from Tim Anderson to Nick Lelack authorizing Davis Horn Incorporated to submit land use application (Submitted separately by Tim Anderson) 2. Vicinity Map (8 1/2" x 11") Nick Lelack June 16, 2000 Page 11 3. Aspen Planning and Zoning Commission approved Resolution 93-9 Amending the Conditional Use Approval for Day Care Center in Yellow Brick School Building 4. Yellow Brick School Site Survey (11" x 11" & 24" x 36") 5. Yellow Brick School Park and Playground Plan (11" x 17") 6. Yellow Brick School Floor Plan (8 1/2" x 11") 7. Proof of Ownership (Submitted separately by Tim Anderson) 8. Pre-application Summary Sheet 9. Property owners within 300 feet. Please contact me if any additional information is needed or if you have any questions. Sincerely, DAVIS HORN INCORPORATED GLENN HORN AICP Yel - t. $ 1 Davis Hornms. PLANNING & REAL ESTATE CONSULTING August 7, 2000 Fred JarmanÂ· Aspen-Pitkin Community Development 130 South Galena Aspen, Colorado 81611 Re: Yellow Brick~School: Request for Additional Information Dear Fred: Davis Horn Incorporated represents the City of Aspen (hereinafter "applicant"), owner of the Yellow Brick School. As you requested, this letter addresses Sections 26.445.050 B.1.b.c.d.e.f.g.i.j.k.1. of the Aspen Land Use Regulations. This letter refers to Attachment 1, Yellow Brick School Site Survey and Attachment 2, Planting Plan. Section 26.445.050 B.1.b As indicted in the application, no exterior changes to the existing structure are proposed. The exterior of the building will remain the same. Improvements are proposed to the existing playground. Attachment 2, a Planting Plan prepared by the City of Aspen Parks Department, depicts the plan for the playground/neighborhood park and the landscape materials. Currently, there is no off-street parking for the Yellow Brick School building. Attachment 1 shows, the existing parking on the north side of Bleeker Street is within the City of Aspen right-of- way. On-street parking is subject to the City of Aspen permit parking system. Section 26.445.050 B.1.c. Section 26.710.250 D. of the Regulations indicates that dimensional requirements are determined as part of the PUD process. Dimensional requirements were proposed in our June 16, 2000 letter. Based upon Attachment 1, the proposed setbacks should be modified. The existing building is built directly on the property line. In fact improvements encroach within the City of Aspen right-of-way. Setback requirements would make the existing building non- conforming. ALICE DAVIS, AICP I GLENN HORN, AICP 215 SOUTH MONARCH ST. Â· SUITE 104 Â· ASPEN, COLORADO 81611 Â· 970/925-6587 Â· FAX: 970/925-5180 , 1 Fred Jarman August 7, 2000 Page 2 26.445.050 B.1.d. Additional public facilities will not be needed to serve the Yellow Brick School building. In fact, the proposed neighborhood park should be an asset to the entire neighborhood. 26.445.050 B.1.e. Internal improvuments Will be initiated immediately. The neighborhood park Will be developed in either the fall of this year or next spring. 26.445.050 B.1.f. Conceptual and final development plan are combined, SO this standard is not applicable. 26.445.050 B.1.g. This standard is not applicable because exterior changes to the building are not proposed. 26.445.050 B.1.h. Refer to Attachment 1, a planting plan for the property. The Plan shows the site will be landscaped with a variety of plants and bluegrass. 26.445.050 B.1.i. The subject site is flat. All of the slopes are less than 20 percent. 26.445.050 B,1.j. The subject site is publicly owned and will include a neighborhood park, therefore this standard is not applicable. 26.445.050 B.1.k. The applicant will prepare a plat acceptable to the City Engineer upon approval of the plan. 26.445.050 B.1.1. The applicant will prepare a PUD agreement, if required, upon approval of the final plan. Fred Jarman August 7, 2000 Page 3 Summary ' This letter addresses the sections of the Aspen Land Use Regulations which you asked us to address. Please contact me if you need any additional information. Sincerely, DAVIS HORN INCORPO*ATED 44 GLENN HORN AICP r. r -I.-i----~ " Â· ~ IMPROVEMENT LOCATION SURVEY/EXISTING CONDITIONS MAP oF THE YELLOW BRICK SCHOOL SITE LOCATED IN BLOCK 57, ASPEN TOWNSITE / g\...~ COUNTY OF PITKIN, STATE OF COLORADO 1 . .SHEELi-QL-2 1 20 1 3-1Â»1\ 9, r-- -47-/ 13-7 / e / 4136 1 1 n 1/ *rul - i 3 1 Brift==&14Â« / - 1 .2,2-4 l 1 7 1 -2\ --------11 / SITE - DÂ·/'0'C~~' e#68*2es MAi.1~10 2.REET VICINITY MAP \ 1 9 1 j /Gl"/I / 11 1 0,7 1 / lu 0,/-0./'r 8E~CRILL/S~I/n.M couNTY 0, PmON 1 # 4 8 1 4- I BLOCK . ASPEN TOINSITE 7----~~234-Jo ~ 11 1 C STA. U COLORAN 1 D \ l n 'll ~ L I d & 29 - SUNVEY 'AS PREPARED - SOPRE EN.N,I,UNG. UC. I - G A 2 82â€¢â€¢â€¢, ST,ri 72,1, 18,S â€žr,Ron*ENT loCATioM (Sl) Fol UII.-QL~:22Â£218KS.JEEARâ„¢iMIL 1 q .2 4 91: Châ€¢' R. Â·.-Â· Â· f FURT....... ST.I. TEAT T.I ./RIV./INTS ON T.1 S I N Â©: -- 14--- ~1 1 UDVE DISCRIBED PANCIL ON %/ DATI' I./8.1_10'll Ex{CIFT UT,irr, CONNECTIONS. ARE EN,fRELY ,[rH,N THE BOUNDAIU. OF Â¥HZ PARCEL .CEPT AS SH-N. rRAT rNE- 4AZ No 2-CANcs-,NTS UPON - -SC- 0 1 4..1.'.4 4 'REÂ¥'SKS BY IMPROÂ¥~ENTS ON ANY ADJOUNING PRI'lsEs I ~0 -041.:A;Sff,19 /1, EXC~T . Nbic,TED, AND â„¢~r THERI IS Ne APPARENT .VIDINCY OR NCI o. ANY .As//INT CROSS:NG OR 1 . 0 Â£ OU STArr - ;S P~narr' m SUB~CT 70 6~*,TY;,0.4Â·Â·u<RÂ·. Â·rÂ·~. . , CA~ I ,2594' - RECORD OR IN PUkeÂ»Â»" 4 . ae.u.Nure aÂ·r IM' 0, w. /*crl /KI-Il ..I I . .. Â·:Â·,.>7:;.21:te:fu D.:/46...1 ~ .u . - E 91!, ... â€ž 1 1,2 \\ f- - b USS?My.,MONS. MEST,Uer,ONS, CO~NA*TS 40, *ASEM=Ir 4 r: Â·.L;,~4*f,?t..Â¢ 3940.W~460;2*4 4. *Â·pÂ·Â·Â«Â·Â·Â· Â·4 *NterÂ»-Â» ~M~m* 1 NOTES: 0 .TZ 6, StiRÂ¥!r SIFT!*BIR AND OCTS./ 1-3. UP-TID -BRUB' .000 I 11...9*9.!6,1-1,-'....4.1.:.MÂ· *ff5,<fitt'~Â·:~~ , 3:1 BLOCK 65 U .TZ I PRE'RATiONÂ· No.-IM 5 - 10. iDi.Up'DAI' ..ul- 1 2000. I 1 Ip 1 1 v .5/ /1!VATION: SAID n. Cr' 5, AS.N//REIEL ...1 CONTROL DATUM ..44# :<.--Â·câ‚¬tÂ·ey'6â€¢,40Â·,4 i'Â·:-Plv I) BAS. 0. SUR.. TRE ./.. .. . I. 'l l. ASPEN ...... .. .1 4,2144. i.jÂ·:'.2,ftÂ·Â»0Â·~W?Â·1,Â·- Â·-Â·â‚¬ ;4 BUCEAMAN DATED DECEMBER ..1968 AND T'BE ~OUND PROPIRT7 CORNER - --*.701 0"~ 'r'*'R.:Â·*,fu (IM l*Al 1 1 7-p NOMU-m.ON AS SNO~N. 4) BASIS . BEARING: i BILRINC . S ./14'00- E BETÂ¥.....UND 1- joi 1 1 TB! ENTERSECTIONS OP CARMISCN AND HOPONS AND -ST ./. AND HOPKINS. \ - 1 1 /*f 1 3 ./. O,..../DREXEL R,ARELL C./.MIL SUIVE' ST./.T .....INTS ./ IQ 1 Â¥NICE . USED ON B *UTANON - 7720.8~ (NA~ 1398; ON THE NGS STATION \ 41 Irrt *ENCIMAAEÂ· AN EUVATION or Test 45' IN I P.K N.L AT TE. MORTEZAST \ 1 CORNER 0. INE ..., AS SHOWN. 1 14 7) M.I- 1...VAL ON' O) moT. 1 181 1 1 I l - U Tals SURI' -ES MOT CONS'mJE A TlrU S... - se'll ININE'UNI N. let 1 1 UE ~SU re D,TERMINE OWNERSHIP OR lASEr,NÂ·TS 0, RECORD. ME - \ D ~ -cos, st n.,0 Â£,PON iNg MUS OUTL,MED f. NOT, 3. NO mu POUCY 0* ~ INFOAÂ¥~noM RECAn.C EASEI:ENTS, ~CHTS-0,-,AY 0p/- Im, OF E cO=,irrÂ»:rf VAS A~AILABLE AT THE .ME 0, TH,5 SURVEL -3 0 < P . r/u *m/rs o.â€¢ ca7=or,wo cmÂ£,TAr.r .. m.mm' WmM Ur]UTY 'APS. CONSTRUCMON/DISfa PLANS. OTBER .k/MAT~ON PROVIDED DY imu. COMPANIES AND ACTUAL FIELD LOCATioNS . SOME INSTANCES GRAPHIC SCALE COMP~IES FOR FIELD LOCATION 0, UÂ·nUTIES PR~OR m CONSTRUC7IONÂ· < G H mns' urnmfr, â€¢S SNOVN. -r NOT -PRI:Nr ,IrrUAL ,~Le CON#,MONSÂ· 1 n IS T'! RESPONSIBUITY OP THE CONTRAer.R TS CONTACT ALL UTIUTY \ { DI -T ) SOPRIS ENGINEERING - LLC BLOCK 58 CIVIL CONSULTANTS 502 MAIN STREET. SUITE AO (970) 704-0311 :n 1Â·ZI. =â€¢.~ C..Â·11-Â·.-ct CARBONDALE. COLORADO 81620 -11 - 1- Â· L ' Ifil .....I-- la--n . L-- ' 1 ;W i; i 14 41 70 r j..4 4 r N.1 91 f ,'W 'i.' 8 710, 7~" // 9.7/'0~'~~~~~ I/~4- >yi,p 9'90,T:'~Â£1 p i 1.E.....15.. . '' ....2... 09: 1 L . ':1,2 11 I 'pl , r. 44 I ' Lui ' ..' .L' I ' LN F' i,Ir' 1 1 - "ir#54 . I. 4/ t/Â£Â£Â£ 6/â€¢/t - t j l.= 1 Â· e: t)60 . MA.-dO, f ; \-1 .' 1 I Y ' ti ' F LA / 7- i / 4 4.-29/UP '4 4//' /4.. ~ 1 5_. , x1' ' ) ELLOR- INUCK TCHOOL _Et- 1-u St i-1 f \1 Ovl' Â· 0 ..â€ž1 .4.57'NUA -- -Â»1.-O 4. /42-1 1 / 5=~t.:21 O 4*-.* 111 -'' Ill , A 11:, / -1 - ct u/vwrie- ""â€¢/ 14/1,/' câ€¢â€¢1~"'48 piw 0 44 1 11 *$ FHILÂ£DCL.~5 ~~UOr~~Ul urniLO~ ,~-4.~AÂ·1~ Iiâ€¢#0 tr4 L-, J .. .1 - , ..,g- 3/0 74..."04 D-Ir....O .... -%,/Ij \~ , f 104 - 1-p , A Ecli th - ~t=qll leÂ· -- - A ~ F.-i - L' u , jqi' 2 3 44 1 JU K .. L 7 - % lillill n 1 - ..mull:K i. I n 1./,femts=,â€ž...i~ 1\-: 1,r . - U Art--1 1., - v.wp1-v.4:117/Â·rh/' .'947\ Â«f---Â»t~Â·-Â· : k --JK : -- 444.-Â¢G'- 0----6.* Â«3976)< 4- --Â·1-1_NIEd - Â·u -- a. f.Â·- f led V. 1 + , iJ.~\. \I~lft , 7r~~>--r, 1 ..... .....9.i i I %..'N ' A /KI V 1-~~ ~ -11 -+--- -f/4 -- - , 7 #-Â·.:Â·P<74-4 47-V : , C ~44.'-h.;'-0h4*94.59>177N n -â‚¬ - i (44 1 2- ..1 9 ) W 3--)-,-Â·----_~r--h, r-Â« r 54--fl-=gC-~ha r 1 1 J-1.3, - 4-1,41 =ZI' e.... Â»Â»[-Â« G.. - 41Â·Â· tr < 721 ---- 1-Â· 1. '-1 Â· t. 1-11 aF Lot .. . 1 1 - . Design . 1 - Development \\ \REÂ©>72-2-~intÂ«..~O~Â«7â‚¬7- ---Â« _._0 u_/-:99Â«y-- Planting Plan L7.01 1,1'-iwgÂ·4>q---9 Mled P004Â·Ioq46 eN >10!Jq,AolleA uedsv Jo 40 op.01 SÂ¥ [) it !11 Fill %'1' 'Â·7 1 1G kill k) ts , n.ob MEMORAND CM TO: CITY COUNCIL THRU: AMY.WARGERE-.W ~~~~~ FROM: TAM ANDERSON DATE: MAY 15, 1998 RE: YELLOW BRICK CAPITAL IMPROVEMENTS SUMMARY: In April Council approved an inteim Pro Forma for rent structures to be implemenred at the Yellow Brick School. The Yellow Brick Task Force would now like to make recommendations to Council regarding needed capital improvements to the building. Staff is recommending that Council approve the expenditure of S218,000 from the Housing/Day Care Fund for capital improvements to the Yellow Brick School. These funds would be expended once the City has taken possession of the building. June through August would create the fewest impacts to the facility and staff would like to start upon closing on the purchase o f the building. The Task Force identified four (4) areas of concern in order ofpriority. 1. 1st floor- This level handles all child car: in the facility. Improvements include: â€¢ Lighting replacement (entird building) S 38,000 â€¢ Electrical Inspection 2,000 - â€¢ Window Replacement (entire building) 100,000 â€¢ Painting (common areas only) 4,000 â€¢ Carpet (common areas only) 4,000 â€¢ Ceiling (common areas only) 5,000 â€¢ Entries (East & West) 40,000 â€¢ Locking System 16,000 â€¢ Signage 2,500 â€¢ Sinks 6,500 Total Capital: S218,000 1 Lighting: The lighting is seeing serious deterioration throughout the building and is in need of replacement. Staff will be working with C.O.R.E. on seeing that energy efficient lighting is installed in the facility. Electrical: The committee felt that an electrical inspection was needed in the building to assure safety and adequate electrical upgrades for a building hosting child care. Windows: Many of the windows in the building are cracked, made of Plexiglas, scratched, and very inefficient. They are so old and deteiorated thit seplacement will require new windows and frames. Staff would work with C.O.R.E. in this area as well to get whatever energy efficiency we possibly could out of new windows and frames. Painting, Carpet Ceiling: Painting, carpet, and ceiling tiles are to brighten up the common areas as well as eliminare stains from past leaks in the roo f. Entries: The committee felt that both the east and west entries needed serious attention and renovation to not only make the building look more attractive, but to address ADA, snow issues, and security. Locking System: The locks in the building are so old that the locksmith said parts were difficult if not impossible to come by. There is only one key for the entire building. Each group would like security in their respective space. An entire new locking system is needed for building security and privacy. Signage: The task force is recommending that signage be place outside o f the entrances signifying the tenants in the building. Sinks: Several of the day care rooms need additional sinks per state o f Colorado Child Care regulations. Eight sinks need to be installed along with faucets and drains. The additional sink is so that a child care space has separate sinks for washing hands (following the changing of a diaper for example), and preparing food or drinks. Note: The numbers presented in this memo represent the high end bids, so staff feels that savings could be realized over the projected number. With an old neglected building we wanted to have a contingency available for any unknowns' costs that niay present themselves. 2 2. Radon Issues- The T ask Force sees the Radon issue in the basement as the next priority to the building for health and safety reasons. Staff is working on identi fying costs associated with mitigation of the radon. An efficient ir handling system will be required that exchanges the air on a regular basis. Staff will come back to Council at a later date with information as to the cost associated with the radon mitigation. The cost o f radon mitigation may be explored through a payback from basement rents. 3. Basement- As was mentioned previously the Radon is an issue in the basement and must be addressed first and foremost. The Yellow Brick Task Force has recommended that the basement rents pay for any improvements to this area. In work _ with commercial property management companies in Aspen-ke have found that the cost to upgrade the basement areas to a condition in which we could then command premiuw rents would be cost prohibitive for a short term pay back. The Task Force recommendation is to make minimal improvements to the basement area in order to assure code regulations are sarisfied. This would allow the City to charge minimal rents that would create affordable space to not-for-profits that could only afford such rent. Each tenant would then be responsible for their own space improvements as approved by a yellow brick tenants Committee. The following represents the amount of capital improvements that could be afforded in the basement at various rental rates: Minimal rents and what they allow for over a 5 year payback. Based upon 10084 occupancy. @$6.00/sq. ft. *S6,000 annually $30,000/5 yr. payback @$8.00/sq. ft. *S13,000 annually $65,000/5 yr. payback @$10.00/sq. ft. *$20,000 annually $100,000/5 yr. payback *annual rent in addition to the approved Pro Forma Staff will come back to Council at a later date regarding basement rates. More information is needed as to the cost of improving the air handling system and the radon concern. In addition staff would like to work with the building department in identifying needed improvements to the facilities basement. Staff and the Task Force feel that the S8.00/sq. ft. figure is most likely to work in the basement area. 4. Park/Playground Facilities- The Yellow Brick Task Force is recommending to Council that half o f the playground area at the Yellow Brick become a sodded play- area for the children during the day, and a public park at all other hours. Staff will be working on conceptual designs for a park/playground facility and come back to Council at a later date. The Task Force felt that some combination of Day Care funds and Parks funds could be utilized in creating a public amenity at this site. 3 - PREVIOUS COUNCIL ACTION: - In April Council approved an interim Pro Forma for the operations o f the building (attachment A). This Pro Forma will be implemented as of June 1, 1998. Ar the time the Pro Forma was adopted staff informed Council that they would be coming back with recommendations and updates regarding capital needs for the Yellow Brick. CURRENT ISSE'ES: Although the City has not closed on the purchase of the Yellow Brick at this time, staff is seeking approval of the Capital plan so we can start when the City takes possession of the building. Several of the Day Care Providers are awaiting the implemeniation of the new Pro Forma so they may expand their operations. The Task Force also felt those capital improvements to the Orst floor, which houses the Day Care Providers. needs immediate . attention for safety reasons, energy emciency, as well as state child care regulations and esthetics of the building. Once the City takes ownership of the building, the capital improvements could take place immediately. Construction during the summer months would create the fewest impacts to the tenants. Staff will also be forming a Yellow Brick tenant committee that will review and make recommendations as to the facilities need. as well as recommendations for future tenants. FINANCIAL IMPLICATIONS: The cost o f capital improvements to the Yellow Brick as recommended ar this time would be $218,000. These improvemenIs would include areas in the child care centers, . windows and east and west entry improvements. Improvements to the basement area will be forthcoming and will plan to follow the recommendarioils of the Yellow Brick Task Force. Those recommendations identify that basement improvements will be paid back with basement rents. As for the park'playground facility, again the committee is recommending that some form ofjoint funding from the Housing/Day Care fund and the Parks fund be used for these improvements. Staff will come back to Council with conceptual ideas and costs regarding this type o f upgrade to the facility. RECOMMENDATION: Staff is recommending the approval of Council to move forward-on capital improvements to the Yellow Brick School in the amount of 5218,000 once the City has taken ownership of the building. Staff is further recommending that Council coincide with the pursuit o f minimal improvements to the basement area. Once minimal capital costs are identified a rent structu[re can be integrated into the buildings final Pro Forma. 4 . Staff is seeking direction from Council as to any concerns regarding a public park/playground being built on the site of the Yellow Brick and the utilization of Housing/Day Care funds and Park funds. I might add that we have had commitments from three neighbors of the Yellow Brick to assist with an unidentified amount of funding for exterior improvements to the building. ALTERNATIVES: The Task Force can prioritize the capital recommendations and fund only a portion o f the improvements per Council providing a cap on funding. M,4-VA GER'S COMMENTS: 5 - 0,44.â€¢Â·<.~rÂ·.e+t . . 4/10/98 YELLOW BRICK SCHOO- " caruso/anderson Interim Proforma Scenario 1 Space Tenaot ' S.F. % Annual S/SF Monthly Classroom 1 Waidorf 820 4.51 % 4,920.00 6.00 410.00 C 2.3.6.7 SkiCo Total 3216 17.69Â°/0 19296.00 6.00 1.608.00 Classroom 5 Mares Playgroup 783 4.33% 4,728.00 6.00 394.00 C 4,8-14 &05 ELC Total 6,665 36.66% 39,990.00 6.00 3,332.50 Gymnasium SeedorÂ£70'conner 2.400 13.20% 4,800.00 2.00 400.00 Basement Aspen Interactive 3,548 19.51% 15,000.00 4â‚¬3 1.250.00 Office l Core 185 1.02% 2,349.50 12.70 195.79 Office 2 Cord. 270 1.48% 3,429.00 12.70 285.75 Office 3 African Studies 150 0.82% 1,905.00 12.70 158.75 Office 4 Aspen Waidorf 1.10 0.770/6 840.00 6.00 70.00 Total 18.182 I 100.009Â·0 97257.30~ 5.351 8.104.79 Assessment Budeet Insurance 3.000.00 Utilities: Electric 9.000.00 Water.' Sewer 5.000.00 Gas 12.000.00 Total Utilities 26.000.00 Common Area Maintenance: Cusrodial/Snow 13.000.00 Deferred Maintenance 19.000.00 Proper[> Management 18,000.00 Landscaping 4,000.00 Repairs'Maintenance 10.000.00 Supplies 2,000.00 Trash Removal 2.000.00 Total CAM 68,000.00 Total Assessments 97,000.00 1 1 4 + e. 4 I --%2 63 M % 4,0,1- . MEMORANDUM TO: CITY COUNCIL THRU: AMY.MiR GERCilt ~~ FROM: TIM ANDERSON DATE: MAY 15, 1998 RE: YELLOW BRICK CAPITAL IMPROVEMENTS SUMMARY: In April Council approved an interim Pro Forma for rent structures to be implemented at the Yellow Brick School. The Yellow Brick Task Force would now like to make recommendations to Council regarding needed capital improvements to the building. Staff is recommending that Council approve the expenditure of 5218,000 from the Housing/Day Care Fund for capital improvements to the Yellow Brick School. These funds would be expended once the City has taken possession of the building. June through August would create tile fewest impacts to the facility and staff would like to start upon closing on the purchase o f the building. The Task Force identified four (4) areas of concern in order ofpriority. 1. Istfloor- This level handles all child care in the facility. Improvements include: â€¢ Lighting replacement (entire building) $ 38,000 â€¢ Electrical Inspection 2,000 - â€¢ Window Replacement (entire building) 100,000 â€¢ Painting (common areas only) 4,000 â€¢ Carpet (common areas only) 4,000 â€¢ Ceiling (common areas only) 5,000 â€¢ Entries (East & West) 40,000 â€¢ Locking System 16,000 â€¢ Signage 2,500 â€¢ Sinks 6,500 Total Capital: S218,000 1 Lighting: The lighting is seeing serious deterioration throughout the building and is in need of replacement. Staff will be working with C.O.R.E. on seeing that energy ~ efficient lighting is installed in the facility. Electrical: The committee felt that an electrical inspection was needed in the building to assure safety and adequate electrical upgrades for a building hosting child care. Windows: Many of the windows in the building are cracked, made of Plexiglas, scratched, and very inefficient. They are so old and deteriorated thit Replacement will require new windows and frames. Staff would work with C.O.R.E. in this area as well to get whatever energy efficiency we possibly could out of new windows and frames. Painting, Carpet, Ceiling: Painting, carpet, and ceiling tiles are to brighten up the common areas as well as eliminare stains from past leaks in the roof. Entries: The committee felt that both the east and west entries needed serious attention and renovation to not only make the building look more attractive, but to address ADA, snow issues, and security. Locking System: The locks in the building are so old that the locksmith said parts were difficult if not impossible to come by. There is only one key for the enti~e building. Each group would like security in their respective space. An entire new locking system is needed for building security and privacy. Signage: The task force is recommending that signage be place outside of the entrances signifying tile tenants in the building. Sinks: Several of the day care rooms need additional sinks per state o f Colorado Child Care regulations. Eight sinks need to be installed along with faucets and drains. The additional sink is so that a child care space has separate sinks for washing hands (following the changing o f a diaper for example), and preparing food or drinks. Note: The numbers presented in this memo represent the high end bids, so staff feels that savings could be realized over the projected number: With an old neglected building we wanted to have a contingency available for any unknowns' costs that may present thernselves. 2 2. Radon Issues- The Task Force sees the Radon issue in the basement as the next priority to the building for health and safety reasons. Staff is working on identifying costs associated with mitigation o f the radon. An efficient air handling system will be required that exchanges the air on a regular basis. Staff will come back to Council at a later date with information as to the cost associated with the radon mitigation. The cost o f radon mitigation may be explored through a payback from basement rents. 3. Basement- As was mentioned previously the Radon is an issue in the basement and must be addressed first and foremost. The Yellow Brick Task Force has recommended that the basement rents pay for any improvements to this area. In working with commercial property management companies in Aspen-ke have found that the cost to upgrade the basement areas to a condition in which we could then command premium rents would be cost prohibitive for a short term pay back. The Task Force recommendation is to make minimal improvements to the basement area in order to assure code regulations are satisfied. This would allow the City to charge minimal rents that would create affordable space to not-for-profits that could only afford such rent. Each tenant would then be responsible for their own space improvements as approved by a yellow brick tenants committee. The following represents the amount o f capital improvements that could be afforded in the basement at various rental rates: Minimal rents and what they allow for over a 5 year payback. Based upon 100% occupancy. @$6.00/sq. ft. *$6,000 annually $30,000/5 yr. payback @$8.00/sq. ft. *$13,000 annually $65,000/5 yr. payback @$10.00/sq. ft. *$20,000 annually $100,000/5 yr. payback *annual rent in addition to the approved Pro Forma Staff will come back to Council at a later date regarding basement rates. More information is needed as to the cost o f improving the air handling system and the radon concern. In addition staff would like to work with the building department in identifying needed improvements to the facilities basement. Staff and the Task Force feel that the $8.00/sq. ft. figure is most likely to work in the basement area. 4. Park/Playground Facilities- The Yellow Brick Task Force is recommending to Council that half of the playground area at the Yellow Brick become a sodded play area for the children during the day, and a public park at all other hours. Staff will be working on conceptual designs for a park'playground facility and come back to Council at a later date. The Task Force felt that some combination o f Day Care funds and Parks funds could be utilized in creating a public amenity at this site. 3 PREVIOUS COUNCIL ACTION: In April Council approved an interim Pro Forma for the operations o f the building (attachment A). This Pro Forma wilI be implemented as of June 1, 1998. Ar the time the Pro Forma was adopted staff informed Council that they would be coming back with recommendations and updates regarding capital needs for the Yellow Brick. CURRENT ISSUES: Although the City has not closed on the purchase o f the Yellow Brick at this time, staff is seeking approval of the capital plan so we can start when the City takes possession of the building. Several o f the Day Care Providers are awaiting the implementation of the new Pro Forma so they may expand their operations. The Task Force also felt those capital improvements to the first floor, which houses the Day Care Providers. needs immediate attention for safety reasons, energy efficiency, as well as state child care regulations and esthetics o f the building. Once Ihe City takes ownership o f the building, the capital improvements could take place immediately. Construction during the summer months would create the fewest impacts to the tenants. Staff will also be forming a Yellow Brick tenant committee that will review and make recommendations as to the facilities need, as well as recommendations for future tenants. FINANCIAL IMPLICATIONS: The cost o f capital improvements to the Yellow Brick as recommended at this time would be $218,000. These improvements would include areas in the child care centers, windows and east and west entry improvements. Improvements to the basement area will be forthcoming and will plan to follow the recommendations of the Yellow Brick Task Force. Those recommendations identify that basement improvements will be paid back with basement rents. As for the park/playground facility, again the committee is recommending that some form ofjoint funding from the Housing/Day Care fund and the Parks fund be used for these improvements. Staff will come back to Council with conceptual ideas and costs regarding this type of upgrade to the facility. RECOMMENDATION: Staff is recommending the approval o f Council to move forward on capital improvements to the Yellow Brick School in the amount of S218,000 once the City has taken ownership o f the building. Staff is further recommending that Council coincide with the pursuit o f minimal improvements to the basement area. Once minimal capital costs are identified a rent structure can be integrated into the buildings final Pro Fonna. 4 . Staff is seeking direction from Council as to any concerns regarding a public park/playground being built on the site o f the Yellow Brick and the utilization o f Housing/Day Care funds and Park funds. I might add that we have had commitments from three neighbors of the Yellow Brick to assist with an unidentified pmount of funding for exterior improvements to the building. ALTERNATIVES: The Task Force call prioritize the capital recommendations and fund only a portion of the improvements per Council providing a cap on funding. - MANAGER'S COMMENTS: 5 0,4-/.Â·rÂ».-u .. YELLOW BRICK SCHOO 4/10/98 Interim Proforma caruso/anderson 5â‚¬eoario 1 Space Tenant , S.F. % Annual S/SF Monthly Classroom 1 Waldorf 820 4.51% 4,920.00 6.00 410.00 C 2.3.6.7 SkiCo Total 3.216 17.69% 19,296.00 6.00 1.608.00 Classroom 5 Mares Playgroup 788 4.33% 4,728.00 6.00 394.00 C 4.8-14 &05 ELC Total 6,665 36.66% 39,990.00 6.00 3,332.50 Gymnasium Seedorf/O'conner 2,400 13.20% 4,800.00 2.00 400.00 Basem ent Aspen Interactive 3.548 19.51% 15,000.00 423 1,250.00 Office 1 Core 185 1.02% 2,349.50 12.70 195.79 Office 2 Core 270 1.48% 3,429.00 12.70 285.75 Office 3 Affrican Studies 150 0.82% 1,905.00 12.70 158.75 Office 4 Aspen Waidorf 140 0.77% 840.00 6.00 70.00 Total 18.182 100.009Â·0 97.257.30~ 5.35 8.104,79 Assessment Budget Insurance 3.000.00 Utilities: Electric 9.000.00 Water,Sewer 5.000.00 Gas 12.000.00 Total Utilities 26.000.00 Common Area Maintenance: Custodial/Snow 13.000.00 Deferred Maintenance 19.000.00 Propem Management 18,000.00 Landscaping 4,000.00 Repairs/Maintenance 10.000.00 Supplies 2,000.00 Trash Removal 2.000.00 Total CAM 68,000.00 Total Assessments 97,000.00 -.ill.--lili---I-----Ily-li--./ --==.'--'TTZOe:~,166,==ewN#-Ii--' IMPROVEMENT LOCATION SURVEY/EXISTING CONDITIONS MAP OF: --="-7 ' THE YELLOW BRICK SCHOOL SITE - COUNTY OF PITKIN, STATE OF COLORADO LOCATED IN BLOCK 57, ASPEN TOWNSITE .SHEILQE_2 B 00* 56 *0* 0 1 CAP U #16129 P 2FT MTNESS CORNER i ~ L,&,Al'%1~~ 7? 29 -zu65 24 %1 4 EBAR & Q & a.*'*41 FOUND ES. 2 3, CAP L M,229 MI F 1- - '000' 2FT. ESS CORNER /*~51 TE ENCROACH/ENT S42tgs~3~ CAP LS *6129 IFI 1 8412* OfT f~,b WEE'"t ~ 1 1 1 CaTY OF ASPEN *3~Seses 924- sr,6- VICINITY MAP UG~*~I ~ l (74.38, R.O.W.) 4 4 74.38 1 0.75 ENCROACHMENT 2222=K-===QM ..1 4 1 . STATE 0, COLORADO COUNTY OF MTKIN BLOCK 57 ASPEN TOINSITE 1 E - l., BLOCTSO ~ ENCROACHICIT u. - D - / DosÂ· Â· FOUND REBAR & 2 CAP LE /25947 IMPROVEMENT LOCATION SURVEY CERTIFICATE I HEREBY STATE THAT THIS IMPROVEMENT LOCATION 4, 1 \ , SURVEY WAS PREPARED BY SOPRIS ENGINEERING. LLC. , e I k 1 0 I FURTHERMORE STATE THAT THE IMPROVEMENTS ON THE 1 h f 1,00 00- :Â·41 -- - (SE ) POP. WILRLASEELESKILRUARIMINL (rrp) 2 -- . - 1.4-f- EnSTUÂ¢G BUR.DING ABOVE DESCRIBED PARCEL ON THIS DATE. MARCH 3. 2000 -'#7.Lbn EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE k J BOUNDARIES OF THE PARCEL. EXCEPT AS SHOWN, THAT 1 - ,00. THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED -il 1 , EVIDENG OR SIGN OF ANY EASEMENT CROSSING OR {224*19%-y 2.< 1- li?1 ~ 8 1 PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED. AND THAT THERE IS NO APPARENT =Â»1,4Â£. BURLENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. 1 \ 7145' ..~,-Al~-324.:~.Â¥wt..9â€¢235Â»62...veÂ·.u.. .- :0..~p~iltÂ·'e .~ / h C PURMENORE STATETHAT THIS PROPER~IS SUBJEM~ D I RESERÂ¥*TIONS, RESTRICTIONS. COVENANTS AND EASEMENTS - 72.4Â¥23;*,25*57'ly/flita~:*~7 OF RSCORD oR IN .Pg~ MaEÂ·-,-:/4.44%2;~ =.Â·iye,Â·aÂ·,Â·2 9. ir).,~i~Â·~tÂ¥,0/Â·Â¥A'Â·A~ Â·iti'2â€ž~3 f UtllIIN'/4 Â»>f@*25-4241Â·-flf.M.*9. i.z.4 20.59' s / jilce..Ak 445<,Jw 1 1 .. L,:23. 1 i 9E03$~Â£ 4) BASIS W BEARING: A BEARING OF S 74~14'00Â» E BETWEEN THE FOUND 1 998 4 - ~ ~ NOTES: -;**~*t{5â‚¬id..-i--i--13*3iiyj~ 1 10'.I t) DATE oF SURVEY: SEPTEMBER AND OCTOBER 1999, UPDATED FEBRUARY. 2000. BLOCK 65 2) DATE OF PREPARATION: NOVEMBER 5 - 10. 1999, UPDATED MARCH 1 - 3, 2000. BUCEWAN LUTED DECEMBER /5, /95â€¢ AND THE FOUND PROPERTY COLVER 3) BASIS OF SURVEY: THE OFFICIAL MAP oF THE CITY oF ASPEN PREPARED BY C.E #Â·7 "9-'Â»,94Â·-Â· A-le<1- ...31***:431*-Â®+CIâ€ž-15#4;}11 Z MONUMENTATION AS SHOWN. a oâ€ž 'XEZET .Af CITY OF ASPEN/DREXEL BARRELL CONTROL SURVEY STREET MONUMENTS AT - 1.0â‚¬,frk.:~~~3Yl.54.,40.-4 THS INTERSECTIONS OF GARMISCH AND HOPKINS AND rEST END AND HOPKINS. 74.78 , 1.AgÂ£.49 pi I 5) BASIS ELEVATION: SAID 1998 CITY OF ASPEN/DREXEL BARRELL CONTROL DATUM I#/Cy l,5 BASLD ON AA' ELEVATION OP 7720.88' AVA PD 1998/ 0/1' 7.~r AGS STATION , -S-159-. j * 6, SITE BENCHEARK: AN ELEVATION oF 7891.45' ON A P.Â£ NAIL AT THE NORTHEAST z 4 1 CORNER oF THE SITE. AS SHOWN. 7) CONTGUR INTERVAL: ONE (1) FOOT. B C f LOC 'fe " DETEMINE O.NERSE, 0. 1,21,1371 0, Mcau. 'OR ALL 8) TEIS SURVEY DOES NOT CONSTITUE A TITLE SEARCH BY SOPRIS ENGINEERING, D ~ 12Â£0015. St RELIED UPON â„¢f ITEMS OUTLINED IN NOTE 1 NO mU POUCY OR INFORMATION REGARDING EASEMENTS. RIGHTS-OF-WAY AND/OR TITLE OF IE COMMITMENT WAS AVAILABLE AT THE TIME OF THIS SURVEY. UTILITY MAPS, CONSTRUCTION/DESIGN PUNS, OTHER INFORMATION PROVIDED GRAPHIC SCALE 9) THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON * BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN SOME INSTANCES. THESE UTIUTIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. ~ rr m TRE RESPONSIBILITY OP THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATION oF UTILITIES PRIOR TO CONSTRUCTION. . . 4 - '20 C DI PUT) SOPRIS ENGINEEP.ING. - LLC BLOCK 58 1 inch - 30 ft- : CIVIL CONSULTANTS i I'let ~,Ce~-a ........... ... CC-Od ..... 502 MAIN STREET, SUITE A3 ./. .....T / :e,~ - OEFW' I # 1/41 -r Ir. AcncÂ», CARBONDALE, COLORADO 81623 (970) 704-0311 ':Zi t: C.'6%:--'.2----v ~0- IL....0 -y/10/. 1 401,, STREET -.. DESIGNWORK,9 101' ./8# . 89 'J - 94 / (.t)111. c.11#'\1 ,9 ,Â·AN UID- Oldl Â· Tou,- Miiwil wh:A ---- ~32.-3 L/-"//// A'CF//cl/-1 â€¢ L/'/ /1/*w/', , ----- -- ~ 1~ ~ 1 ~ E--0 , N t:A 0 1 TliP+K- .p 92#6.~~,-- ...,~ .:,i frAC 1 - 0~~~ i ~i f' f k n t.... . n 89.4' 4 - â€¢,4 - , . v . - p Asper, Cok*loo 81811 L._U-1 - ,4.-21 L- 6-1.95' 1 - i{ 120 Eâ€¢â€¢1 4- Str- - (970>Â·@25-8354 " 1r-- - 7- F- 1.-'ll --1 Â£ b Ficsâ€¢- (970) 920-1387 Â·Â· ' Lit 49 3 -11 0 4 ;c;pÂ· I,/ ny,4%3- 13<32,1â€ž~~~ ' ,/ Af 1Â·,~/'- ~' ./ ji'f U -7 A 17 5'l' , (1 j' Â£ 1111'll 5; 6' ,/'' 1 74 9/1'14', ifind 91 1 1 L -L r -rd rÂ¥,. T .t<19 ''. 1 , 1 - 5//ILY 077.4 TE-_. ~ki $~34, -,1 94 -Â· -1 1 3[s J , O, 1,1A1,Bo' /3 f < SE, ' %/ 44 -1 1 4, Â·r- , , n ~ LAN 7-- i N 4 L tf E. p * 1 ; ~--1 , I , f ii/.â€žM . - -AL= 1 YAIL<)1:* n.21( A U ile'(,1 .fL- f ..'..4. -21_ 1Â£1_ 3-6 - Â·' , e .Aul' 0-0,-tr a / M.e.1. ' ! 1 .: C) #Fou,g 4*/ST,rd-;A +~~'-1 6..< COM76,1.000 47 , /1-2..d. 4 1 CUEYâ€¢Nile- FRier ecs '14. 9 ~ ~ ~Â·,/ ;' 3.. 2- â‚¬IA THILIvel,PWU; ME#Ori'YQZ urruk LOW' INL-Â¥' 31Â·10 300 -4- 300 ~'41â‚¬0 4 1 1 4"L. 4 ' 7Â»â€¢N ffâ€¢LA NTEP â„¢aGs Â·r; b:(4 'Â· -: / (14 1 gh forvw' A.,441Â£ auâ€ž N,*.0.0.occ// VEr'/iteD 5 ('21 1-(064 1 ' r' 1..... 1 1 r. i . -1*3 1 I. 1.-21Â¥: 9 1-V A . 1-k CD ,-' Ij~?t ~ e ., 1 ---*7Â·fr-t~"71//77 7.7't --p 1-/1/ il 1 C=1 2 Â·Â·Â· 2- Ci,L.. 1 2 Â· r- -- - 5, 4 'll - 4 Â·2 â€¢' i .41- I.- 1 - .- 1. A -â€¢IÂ·â€¢./. 11 /'1â€¢ A Ir. 4 \. U. j ty A , r.- ./.- AN .L--4. 1 .- .,7 1 + > Â» c, b I - u,-- , 1 --Â· â€¢ 6.Â·_ tul r 11-Jt-1 42,4.- ,..2\, - =%1 2, .. Â£ 4 5 7 2 4 -4 . C -24 4,71 1- Â¥ 91 -I/-4.9.-\-/ a , /9'f - c 7.0. 2 AL ..1 t. .ic .#.I- ' ~ - - -- - .9- --1_1'. 1.- . #kiji - 01 11 - 1 I 0 7-Ii.-- -Der - I .1 k 1, . f ti-'"34Â· ..ABL ,Â¥ A-/7.Â· 1,~ rÂ«>IN -9â‚¬ /34.2Â»1:4:641- -7 -e M - Â·Â· Â· Â·Â· Â· :~-24' -F-77-y' :4 q - ~ f 91 :.4 b 1 -2.....1 Ull=,5~==ZÂ»" - 4- u - - v - 9% ,#pr -,4- Â· 6.9:2:LU. -Imx 1 -..Lia,MM - X 112. Tr r \ Â£-2.=427- -.. ... - . -- - - - -L'IT.'f-7-#2 , 2.Â· . I - 'tÂ· -~-A ..t~~~_--Â·~-t 2.-2 ~~~ C E: h -- - Imim':-__ -+Pzl. Ai.11 3~50,19'-1.- -1,- i '' /'I, I . h- - - 1 1- - C. A -- El i i -4 : 1 Nir-Â·L I.' 34. . . ./ r.--1-- /N 'Â·;J r,ti Z--1a:6 : R Tr: t.. 1~i Â·~-/ Â· . ~,gr-:Iif . 1.17 3k.Â£12 41 - . o Â· /1 1 -- '- r L ~Â·Â·Â·--2 1 4.\11.--4 ... ~ .- , ..\ 1 1 It :-- -1----.1 . < 4 . 7 2 f . 1- T ...6. i - . - 2/9./.-7 , i Â·Â·Â·./ 1'/-+ % f.1 1 --2 + , . 1 .. i ; U /4 , V --- I Â· f. 1.. 6-4. '' 11. -+. E--1 4 1 21..../.1 - . 1.- -----\ 1&1 h * ' df !1 1. S N / ~Â©LtÂ· -Â« -JELL'*107Â«2 - / i: 4 i Â·SSUE ./TE / J"rl. ./. j ..1 ...laNS .... # OATE DESCRIPTION 1 7/27,0 De- D-Oomert re-, - -1 .f J f- 1- \ 1- U . < -71 ~.. .4 / 1. ... -- t,2 34 ./.3.2-,Ff 1 . -- i .' Design Development ... 1 1-4. 1 \ 4 4 r-* Tr 41 / .- h i Â·Â·'4./*-/77--7.. f . 1/ I ..tÂ»4-/.5.04 ---u.2 -- --- .-f<- -- 0 2,/--Ty-#r 3----- I --== >,r --~i l =:7-2 i ----7 PRO.JECT NUMBER 2496 , Planting Plan 7/ VII L7.01 |-| --4-In-v- Â·4=:y. Mied poo4.Ioq Opejoloo 'uadsv 1Â® 1@@ 1Â® 1Â® 10 1Â®Â®lei' 1 DESIGNWORKSHOP / 1 Landscape Architecture Â· Land Planning LANDSCAPE PLANTING NOTES PLANT LIST Urban Design Â· Tourism Planning 1 Sourceof basesheels/'heS:>p,i. Efg~eenng LLC ABBR BOTANICAL NAME COMMON NAME QTY. SIZE COMMENTS ///erque Â· Aspen â€¢ I/me~ Â· ijoiks) 2 Re,e~ to civil engineers ufil* and lec,se grading p,ans toi .......and final geding il actual sile DECIOUOUS TREES SauPÂ«,4/.Sane Feâ€¢ Impa. Ske fohoe â€¢ Voil col,at,~ons vary kom #al eshown on the plaa, contactthe landMa. aishilect ford,~ectonas tohowl proceed O M Males'Spnog InoW Sp#.00. 24 1%1 1/2 120 East Main Street (30 1 0/ Populus ang,Jstilolia Na~-larao~onwo~ 38 1 1/2Â·-2 4 clear rn/ Aspen, Colorado 81611 3 Ve,ify locations of pellinent 'Re imp~ovements .f,stall' WI, olne, sedjol It any..... plan (970)-925-8354 cannot be followed dua to site condltlons. cornad landscape arch~ect to, ing,ndonsprolocommenÂ¢,75 wol Aspen 5 11.-7 4'clear min A Pt Popt~!us ~ferâ„¢1101!leS Facsimiie (970) 920+1387 a Exact iocatlon~ of plant mate'lls 0 be oppiovod 'the....pe archilect n the neld pnor to install*In La,whcapearchlldreseives,herigh:toad;usipla~toexaÂ¢tiocationinfiel WWWOESiGNWORKSHottG' SHRUBS ' venfy lant Gounle ....are kx,tages luan/les are provkled as owne, Ink)..0.0/19 I f quankes on 0 Pm Philedelphu,@ microphyll. Lmleleaf Mock C.ange 715 1 GAL planl Int di Mer from graphic indications then giaphics snail p,evau 6 Contact Ihe locai underground ubtlly serv,ces . lility iocahon and ,denbf,cat orl 7 Pe,form excalbon in Ihe v,cinity of undergicâ€¢und /*. with care ald by hand. I necessal rhe GROUNDCOVERS/ PERENNIALS W or beacs lull fespon,b,lity ler th,8 w.land dlruljon or damage 10 . /*shall be repailed i 1/edia.y 'tr~expe.. I.!heown. | i Im Trymussemyllum Molher of Ttrinle 540 4 /0 8 Treesshailbeaisgnierelationtoftnished'.deal'bolle... 9 TreÂ®s te be planted i minim um of 2 5 feet from pavem"t except as app,oved by * ape atch,tect GRASSEW TURF 10 P,ov~de matching fo,ms and slzes Ir plam matefials wlthin each spece and sc. des... 0/ le EE:3 led Sod Bluegras/Sod ....20 5 F ..... * 11 P fure ne//plan'ed Itees 0. as .ireaed by lan~caps arckect 12 Al,en an. equa]4' space ' a difections shrubs 90 deslgoated Ner Ihese notes #dravangs 13 Fif,ish grades of sh rub areas and Mwns ... 1 1,2 inches teaw ad~acer,1 paving or header I, 14 provideburlapwrapgÂ».toseconabranchwl//0. overÂ® | 15 /landremove...........3./.andtgslei 11 15 Landgrape.chitedlieviewpla. matemeatgource..pholograp. or/*:.ors.... - plant niateri:,ls C o 1 @ 0 v 2 M O Limit of Construction 2 3 01~137 Imair 1 0-qi L____T (71 $ 1 - 1 L-Â·91 VMEy.Â·Ay LUTUT-rf O / I I I' (,1~ A 1 0 11-1 1 - A kA TICMT" | k 0.1 .1 Ph,/,1 F 1 r - 1 L_I L 4-7 >4 Â· ...... 1 V-p gr_X_X.3~-32~EJEJEJ'U'ZE'LI-1.ir) 11 1 1 -,1.##+OUL-1#W.*- 1%#- \ 1 1 B-,r,n,17, ~ Â·Â· Â· Â·Â· ... w'bAA&Yexâ‚¬999% A Yl Â« 1 .Ot Â· &. Fiber K kÂ«X~ - 47*ay'lÂ»Ik.. -4f>h- 3>\ \ 7 h 11 Â·Â·vÂ· Â·11 11 .Â· 1111Â· Â·Â·Â·-Â·Â· ktÂ·Â·4 7.Â· 4 2Â·Â·Â·:Â·Â· 11 It :Â· 1111 Â·.:.Â·:Â·~' :Â· -b:Â·Il - Â»:. -A\Â»- 6Â«_ ' - b#-r aL_1 - 1,Â· U - Â·Â· L.,4-1 - A L.v + v - ji- vt---, v_~L-4 +26;*A Il c i 42/ --anjj 0 [ 3 4.- .130 / u V j 4:04 068 - 1-3- 341Â·rÂ¥Y.HY'Y M ry, 1., 7-1,Â·i 1 - --4=*~. Â·Irlrxxrr-f XY-<tifix'*fi'~'996&'74?/f~ . In,40'*<414 7446)6)Â·- /7~-791 f J - - VT *i I 44 fuÂ· '30~/ ' 24 1/ - 1 t-17~ ~ L-1*F /. 1 14 4 tri / â€žte Mr/- Â»L// -,â‚¬= 3 Ty f 07 1 <BE L) ISSUE DATE 0,1wn,:7* _ 67924#*SÂ« -- AER{ - REVIS]ONS 94. 494 1 r. #_ DATE DESCRJPTION 1.- 727,00 Des,gn/evelopmentnevlev, ---let 404 - y' - - 1 Re 80%COreview - / -L &1(100 9056<DrevieR 04... 41 Fl* 6FOUND -1 -1 7-402.,= *At> " -Â·=- 950 Â» ffÂ«49 5 W1500 1008. CD -419,0 1-1 i.. ,Â·4 - ---i>r 1 - Â· DIA'/ Al' REVE'jED _agi W 0 79Â¤) 1 A/.I-i '*JV.44 ~l,L_11 th~ 14~- Documents Construction m -L\\13. Â· - - -11 - /&4343.46Â«4Â« /'a-Â·~\ .yl. h /4.9.f 1 9=Â«K -47.--- 1 F PROJECT NUMBER 2496 R -43.443 -114 1,4-'- ---j_~_-14 54 }4 4 4 4 4 3 4 --3 1-41 34*_ 44 4 1 3* )27 3 4.-114.Â·-4 --* h Planting Plan 41 ' 1 44 7 1 1 <% A Â«413 I + r-% Me| | 4% |i| 1 4 1/9.Ju fÂ»4>1 rÂ»-1 rÂ«t Â»Â«,11 SHEETNUMBER NORTH o L7.01 SCALE 1'=10 0 1 0) 1 @ 1 0 1 Â® 1 Â® 1 Â® 1 Â® 1 Â® 1 Â® 1 0 Â©Cop'All"Des'#0.....Pi.. 1 )ped P004JOq46!0N 40!JqAAOileA MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner RE: Yellow Brick School Final Planned Unit Development (PUD) / Code Amendments / Rezoning / and Growth Management Quota System Exemption - First Reading DATE: August 28,2000 " '1 At, ..1 .2 - .; .* 1 2, A.+ 'itt~ 9 / 4,4 .4 1.,0 . b :%44 :r. . 'liti:(: f : 4iumillill *tgff ..4 . 2-'. *4 4 5;'15 + .e 84L1 4 44~4~WW:*3- : I~ 'ft#4#~0~4'&A~~ C~:'st- *; 01 :11 pl,~91 FC, 4. . ~ 4 ; $ :Â·30 -4.dif Â·t,,, 11!, Â· : 4'F Ji#&:/ 4 ./ UNLIL 21*5111"/I""Mill"/pl /1 ./ 16./U/// 1 -- . -I.... .... I 11111~ Panoramic view from the corner of Bleeker and Garmisch Streets showing existing asphalt playground in foreground and existing Yellow Brick School building in the background. APPLICANT /OWNER: City of Aspen Recreation Department REPRESENTATIVE: Tim Anderson LOCATION: 215 North Garmisch Street, Lots A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, and S, of Block 57, City and Townsite of Aspen, Aspen Colorado CURRENT ZONING: R-6 (Medium-Density Residential) SUMMARY: The applicant proposes to 1) rezone from R-6 (Medium-Density Residential) to PUB (Public), 2) amend the Land Use Regulations, 3) apply for an Exemption from the Growth Management Quota System for an Essential Public Facility, and 4) apply for a Final Planned Unit Development (PUD) Plan. APPROVED AND CURRENT LAND USE: R-6 Zone District allowing Pre-School and Education Related Uses as conditional uses. REVIEW PROCEDURE Consolidated Conceptual and Final Review (Two-Step Review).h has been determined by the Community Development Director that because of the limited extent of the issues involved in this proposed PUD in relation to these review procedures and standards and because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director determined that the four- step review would be redundant and serve no public purpose. The City Council may, during review, determine that the application should be subject to both conceptual and final plan review, in which case consolidated review shall not occur. ~TAFF COMMENTS: The Applicant, City of Aspen Recreation Department, represented by Tim Anderson and Glen Horn of Davis Horn Incorporated requests approval of the following land use approvals for the Yellow Brick School Building located at 215 North Garmisch Street on Block 57, City and Townsite of Aspen, Colorado. > Rezoning from R-6 (Medium-Density Residential) to PUB (Public); > Amendments to Land Use Code Section 26.710.250 Public Zone District; k Growth Management Quota System Exemption for an Essential Public Facility; and > Final Planned Unit Development (PUD) Plan. Background The Yellow Brick School Building was owned and operated by the Aspen School District until 1991. In the summer of 1991, the Early Learning Center received Conditional Use approval from the Planning and Zoning Commission to use the Yellow Brick School as a pre-school in the R-6 Zone District. The Early Learning Center has operated in the Yellow Brick School building since the fall of 1991. In 1993, the Aspen Planning and Zoning Commission approverl Resohition 93.:99_amending the original Conditional Use approval to allow "educational related" uses in the building. The amendment expanded permitted uses in the building to include "educational related uses that although primarily applicable to children could also include adult oriented educational related uses." Finally, the City of Aspen purchased the Yellow Brick School in 1998. Subsequently, the Yellow Brick Task Force and Tenant Committee, consisting of a variety of community volunteers and neighbors, defined the building's public purposes to be educational and community service in nature. On March 16, City Council approved Resolution 27, Series 2000 allowing the Yellow Brick to create additional leasable space for non-profit organizations while allowing the facility to operate more efficiently. On May 15th. 2000, the Aspen City Council approved a funding request for Yellow Brick Capital Improvements, which included a line item for the basement of the building allowing "the City to charge minimal rents that would create affordable space to not-for- profits that could only afford such rent." Yellow Brick School 2 Further, City Council approved funding for Park / Playground Facilities. At the time, Staff indicated they would return to City Council at a later date to provide conceptual designs of this Park /Playground Facility which would benefit not only children during the day but also the public at all other hours. (This agreement is attached as "Exhibit G" with this Memorandum) The applicant is proposing a "diversified park plan" as part of the Final Planned Unit Development. The park was part of the 1999 Parks and Recreation Bond Issue that passed to build new and improved park spaces throughout Aspen. The Parks Department worked with the community to identify the needs for the park for approximately two years and the final stages of the planning and documentation are currently underway. City Council approved the design portion (Part I) of a two part Design / Build Contract for the design and construction of the Yellow Brick Neighborhood Park. The construction portion (Part II) o f the two-part contract is currently on the upcoming August 28 City Council agenda for approval. Construction is scheduled to begin August 29 (mobilization) contingent upon the Council approval of the Part II Contract. Finally, in a similar fashion to the requests for the Yellow Brick School, the City acquired the Red Brick School in 1993 and 1) amended the Public Zone District to allow "arts, cultural and recreational activities, buildings and uses", 2) rezoned the site from R-6 (Medium Density Residential) to PUB (Public), and 3) granted an exemption from the Growth Management Quota System for the Red Brick School as an Essential Public Facility. The rezoning and text amendment allowed non-profit organizations and private artist studios to operate in the facility. Current Use Since the purchase of the property by the City in 1998, the Yellow Brick School continues to host a variety of education and community service related uses. Table 1 below indicates the Yellow Brick School building's tenants currently leasing space and their respective allocated square footage. It also includes the newly renovated basement offices and their respective gross square footage. Table 1 Yellow Brick School Building Tenants Tenants Square Footage C.O.R.E. 455 Gay and Lesbian Fund 150 Waldorf School 960 Early Learning Center 5,845 Mare's Play Group 1,608 Kid's Club (Skieo) 2,936 Basement Offices 3,000 Total 14,954 At this time, the City of Aspen Recreation Department requests to rezone the former school site from Medium Density Residential (R-6) to Public (PUB). The R-6 Zone District allows child care centers and public and private academic schools as Conditional Uses, but prohibits non-profit Yellow Brick School 3 organizations. The proposed amendments to the Public Zone District would allow child care centers and public and private academic schools as Permitted Uses. Staff finds this proposed rezoning to Public and t]~-asseciated proposed amendments to the PublicZe=District creates a more appropriate zone <gr a combined eÂ®cational ancommunity service facility. jurther, the Public Zone District is mofe appropriate for the property givenie-sate of the-EmIdihg from the Aspen School District to the City of Aspen. For these reasons, Staff believes that rezoning the former school site is the best mechanism to bring the existing uses into compliance with the Land Use Code. Specifically, this application requests to 1) amend the Public Zone District to add the following uses as permitted uses: 1. Private School 2. Child Care Centers 3. Public and private non-profit uses providing a community service and 2) amend the purpose of the Public Zone District to include "non-profit facilities for cultural, educational, civic and other non-profit purposes." Together, rezoning the site and amending the Public Zone District will bring the Yellow Brick's existing uses into compliance with the Land Use Code. The 2000 Aspen Area Community Plan (AACP) contains a series of Goals promoting the Arts, Culture, and Education (p. 46). Two goals relate specifically to the Yellow Brick School and its proposed uses to provide office space for non-profit organizations as well as operating as an essential public facility. These include: Goal C: Ensure sufficientfundingfor arts, culture, and education valley-wide; and Goal E: Ensure the provision of public facilities and services to sustain arts, cuiture, and education in the community. Staff finds the proposed requests will result in a facility that will serve these goals in that it recognizes the contribution of the arts, culture, and education to the quality of life in Aspen. However, it should also be noted that the AACP also provides the following language in the Action Plan (p. 56 and Action # 53) regarding Essential Community Facilities and Affordable Housing: In planning for any "Essential Community Facility," it should be determined if there is sufficient affordable housing associated with the project to ensure the facility is viable over the long run. This application does not include a direct response to this Action in the AACP with respect to the relationship between an essential community facility and affordable housing. However, Staff finds that this action item is evaluated by judging the appropriateness of projects on a case-by-case basis by City Council. It should be noted that during the regular public hearing on August 15,2000, the Planning and Zoning Commission raised concern to this issue and forwards a formal recommendation to the City Council to await the findings of the "Infill Study" currently underway Yellow Brick School 4 to determine if it has any impacts on the best use for the park space rather than a voter approved and currently City Council approved park plan for the Yellow Brick School. Staff finds that the proposed rezoning and amendments the Public Zone District will provide a more suitable fit given the Yellow Brick's current uses and ownership. Moreover, this rezoning will not preclude the future option of entertaining the Yellow Brick School site for affordable housing as it is currently established as a conditional use in the Public Zone District. Allowing this request will only mean that any future change would require a PUD amendment process in order to consider changes that are consistent with the original PUD and it's underlying Zone District to accommodate the future needs of the community. STAFF RECOMMENDATION: Staff recommends the City Council approve 1) the rezoning from R-6 (Medium Density Residential) to (PUB) Public, 2) amendments to the Aspen Land Use Code, 3) Growth Management Quota System Exemption for an Essential Public Facility, and 4) a Final Planned Unit Development (PUD) Plan for the Yellow Brick School, with the following conditions: Conditions of Approval: 1. That the applicant submits a drainage mitigation plan meeting with the approval of the City Engineering Department to address temporary sediment control and containment plans for run-off for the construction phase and erosion control, soil stabilization, and re-vegetation in disturbed areas; 2. That all sidewalk, curb, and gutter shall be designed using the City of Aspen design standards which are available in the City Engineering Department; 3. That the applicant submits a soils report, to be performed to identify soil stability in areas that will be covered by concrete pavement; 4. That the applicant submits a landscape plan for review by the Engineering Department for approval including landscaping in and around the right of way. Such landscaping shall not interfere with snow removal or utility operation /maintenance; 5. That the applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction; 6. That all uses and construction will comply with the City of Aspen Water System standards, Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities; 7. That all landscaping, hardscaping, and park equipment shall be located away from or be easily relocated from the sewer easement that exists where the former alley is located; 8. That the applicant submits a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust Yellow Brick School 5 from crossing the property line or causing a nuisance prior to the application of a building permit; and 9. That prior to remodel, expansion or demolition of any part of any public or commercial building, including removal of drywall, carpet, tile, etc., the State of Colorado must be notified and a person licensed by the State to perform asbestos inspections must complete an inspection. The Building Department shall not sign any building permits until an asbestos report has been submitted. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it; and 10. That priority be given to children' s educational uses on the main level of the Yellow Brick School and that this priority not be so binding as to preclude other uses in the event that a children' s educational use cannot accommodate the space on the main level of the Yellow Brick School. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. 9 2, Series of 2000, approving the 1) the rezoning from R-6 (Medium Density Residential) to PUB (Public), 2) amendments to the Aspen Land Use Code, 3) a Final Planned Unit Development (PUD) Plan, and 4) an Exemption from the Growth Management Quota System for an Essential Public Facility for the Yellow Brick School located at 215 North Garmisch Street, Lots A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, and S, of Block 57, City and Townsite of Aspen, Pitkin County, Colorado." ATTACHMENTS: REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A - REZONING FROM R-6 TO PUBLIC ZONE DISTRICT EXHIBIT B -- CODE AMENDMENT TO PUBLIC ZONE DISTRICT EXHIBIT C -- GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY EXHIBIT D -- FINAL PLANNED UNIT DEVELOPMENT (PUD) SUPPORTING DOCUMENTS EXHIBIT E -PARCEL LOCATION VICINITY MAP EXHIBIT F -- DEVELOPMENT APPLICATION EXHIBIT G -- CAPITAL IMPROVEMENTS MEMORANDUM EXHIBIT H -- ORDINANCE NO. 92-, SERIES 2000 Yellow Brick School 6 EXHIBIT A REZONING FROM R-6 TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in confict with any applicable portions of this title. Staff Finding The proposed amendment to the official zone district map to change the subject property's zoning designation from R-6 to Public is not in conflict with any portion of the Land Use Code provided the accompanying text amendment is approved. The amendment does not represent new land use policy or a change in land use policy for the City of Aspen. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The 1993 Aspen Area Comprehensive Plan (AACP) calls for the support and enhancement of the educational use of the Yellow Brick School. The City purchased the facility primarily to continue school's educational functions, and also to provide space for non-profit groups. This amendment to the map is not only consistent with the AACP, but is a step toward insuring that the structure is preserved for educational and community services. After the City purchased the property, the Yellow Brick School Task Force and Tenant Committee was formed to address the building's use. The committees, which consist of a wide variety of community volunteers, determined that the building would be used for educational and community services. They also approved of creating affordable space in the basement for non-profit groups. These decisions support the Yellow Brick's continued educational use and are therefore consistent with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed use is compatible with surrounding zone districts and land uses. In the past, it was an even more intensive educational use as a fully functioning school, which was a permitted conditional use in the R-6 zone district in the same location. The subject property is situated in the well-established West End residential neighborhood. To the north, west, and east of the Yellow Brick School are single family homes which have predominated in the neighborhood since the 19th century. To the south are single family homes and the Hotel Aspen. And, to the northeast is the Red Brick School, now the Aspen Arts and Recreation Center, containing many similar uses. The Yellow Brick School committees' decisions concerning the Yellow Brick School 7 facility' s use and tenants has helped to ensure that the existing land uses are compatible with the neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The rezoning is expected to have minimal impact on traffic and road safety. The continuation of the existing uses will not generate more traffic or hinder road safety; however, leasing an additional 1,800 square feet to additional non-profit groups may impact traffic and road safety. The property is centrally located and easily accessed by foot and by public transportation. Therefore, vehicular trip generation will be less than for a property in a location which does not possess these transit and pedestrian amenities. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The rezoning to Public will not result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. E. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to Public will not adversely impact the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. The educational and community service uses have been consistent and compatible with the community character in the past and will continue to help build this character in the future. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The City purchased the Yellow Brick property from Aspen School District. The change in ownership from a school district to the governmental entity is a changed condition that supports the rezoning from R-6 to Public, providing a more appropriate zone for combined educational and community service building. Yellow Brick School 8 I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding The text amendment to rezone the Yellow Brick School to Public and bring the existing educational and non-profit agencies into compliance with the Land Use Code is not in conflict with the public interest, but rather is strongly in the public interest. The rezoning of a public building to Public is also within the purpose and intent of this chapter of the Land Use Code. Yellow Brick School 9 EXHIBIT B CODE AMENDMENT TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the text and official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding No Land Use Code conflicts are evident for the proposed text amendments. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The amendments are consistent with the Aspen Area Comprehensive Plan (AACP). The 1993 AACP called for the City to "Support and enhance the educational use of the Yellow Brick School." The amendments help implement the Plan by expanding the educational uses allowed in the Public zone district by allowing private schools and child care facilities instead ofjust public schools. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Neighborhood compatibility issues will specifically be addressed pursuant to the rezoning standards. However, Public zoning in most communities provides for a wide variety of uses and activities for citizens and guests. Staff feels that the proposed changes will allow uses which are very similar to the traditional and current uses of the Yellow Brick School. Staff also feels that the proposed uses will be compatible with the surrounding land use patterns. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding This proposed amendment will not effect traffic generation and road safety. Specific impacts will be considered during individual conditional use review processes. F. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Yellow Brick School 10 Staff Finding The addition of the proposed uses allowed in the Public zone district is not expected to result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. In addition the change from school to the proposed public uses has probably decreased the impacts on the Yellow Brick site given the reduction in the on-site population and public facilities required to accommodate them. G. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The primary affect of this amendment will be to permit the Yellow Brick School's existing uses to continue and moderately expand. No adverse impacts are anticipated on the natural environment. I. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding This amendment adds language to a land use policy that is consistent and compatible with the community character. For approximately the past half century, the Yellow Brick School and its uses have contributed to Aspen's community character. The uses have recently changed from a neighborhood school to child care providers and community service related agencies. The uses located at this site reinforce core community values and, therefore, are consistent and compatible with the City's character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The Yellow Brick School building was sold by the Aspen School District to the City of Aspen. The change in ownership from a school district to the City is a changed condition which prompted the rezoning and this text amendment. The amendment is appropriate for the entire Public zone district because it carries out the zone' s intent and purpose, but is most appropriate in its application to the Yellow Brick site. J. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding One of the goals of the AACP is to better utilize community facilities. These amendments allow for enhanced public-oriented uses at a public site. Yellow Brick School 11 EXHIBIT C GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY REVIEW CRITERIA & STAFF FINDINGS The following types of development are exempt from the growth management competition and scoring provisions of this Title. Some types of exempt residential and tourist accommodations development are deducted from the pool of annual development allotments and Aspen Metro Area development ceilings; others are not. This Section describes the types of development that are exempt from growth management competition and scoring; conditions or standards, if any, for exemption; and the decision making body responsible for reviewing applications for exemption. Exemption for Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. This exemption is available provided the following conditions are met: 1. Except for housing, development shall be considered an essential public facility if: a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. Staff Finding Currently, the Yellow Brick School hosts a variety of uses including a child care center and non- profit organizations, which embody an education and community service focus. The 3,000 sq. ft. basement space in the building proposed as non-profit office space already exists. Prior to this proposed use, the space was formerly utilized by Aspen Interactive as office space, served as a library space for the Yellow Brick School, a kitchen, and a storage space. Staff finds that there will not be an increase in impacts resulting from leasing this office space. Further the City will advertise for non- profit tenants to fill those offices. 2. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. The generation of additional employees, the demand for parking, road and transit services, and Staff Finding The space in the building proposed as non-profit office space already exists and has been utilized for years through a variety of uses as indicated above. Staff finds that there will not be an increase in impacts resulting from leasing this office space to non-profit organizations considering use by prior tenants. Yellow Brick School 12 ii. The need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that: Staff Finding The space in the building proposed as non-profit office space already exists and has been utilized for years. Staff finds that there will not be an increase in impacts resulting from leasing this office space to non-profit organizations considering use by prior tenants. iii. The proposed development has a negligible adverse impact on the City's air, water, land and energy resources, and is visually compatible with surrounding areas. Staff Finding The proposed use will not result in any changed impact on air, water, land, and energy resources. Moreover, the proposed diversified park plan improvements to the playground area in front of the Yellow Brick School building will enhance the surrounding area not only for the children using the Yellow Brick but also children and residents in the west end neighborhood. Yellow Brick School 13 EXHIBIT D FINAL PLANNED UNIT DEVELOPMENT (FIJI)) REVIEW CRITERIA & STAFF FINDINGS A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds that this application is consistent with the 2000 Aspen Area Community Plan (AACP). The AACP includes a series of Goals to promote the Arts, Culture, and Education (p. 46). Two goals relate specifically to the Yellow Brick School and its proposed uses to include non-profit office space as well as operating as an essential public facility. These include 1) Goal C: Ensure sufficient funding for arts, culture, and education valley-wide, and 2) Goal E: Ensure the provision o f public facilities and services to sustain arts, culture, and education in the community. Staff finds this application serves these goals in that it recognizes the contribution of the arts, culture, and education to the quality of life in Aspen. However, it should also be noted that The AACP also the issue of Essential Community Facility and Affordable LIousing. The Plan indicates that "in planning for any 'Essential Community Facility,' it should be determined if there is sufficient affordable housing associated with the project to ensure the facility is viable over the long run." This application does not include a direct response to this Action in the AACP with respect to the relationship between an essential community facility and affordable housing. The Yellow Brick School building modification is entirely within the basement of the structure and the diversified park plan will enhance the existing playground area for both the tenant' s use as well as the surrounding neighborhood. This proposal is consistent with the character of existing land uses in the surrounding area. Further, this proposed development includes the application for an exemption from GMQS for an "essential public facility" in combination with this final PUD development plan review. Yellow Brick School 14 B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disineentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Yellow Brick School 15 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Notes: d) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying zone district as long as, on average, the entire PUD conforms to the maximum density provisions of the respective zone district or as otherwise established as the maximum allowable density pursuant to a Final PUD Development Plan. e) The approved dimensional requirements for all lots within the PUD are required to be refiected in the final PUD development plans. Staff Finding The Aspen Land Use Code does not specify dimensional and off street parking requirements for the Public Zone District; rather, the requirements are established in the Final Planned Unit Development Plan. Since the Public Zone District uses the PUD plan review only as a means of establishing dimensional and parking requirements and the Yellow Brick School Building has existed for over 40 years, most sections of the PUD review are not applicable to the subject site. Yellow Brick School 16 The following proposed dimensional requirements for the site are based upon consideration of existing conditions, proposed improvements, and consideration of the dimensional standards in the R- 6 and Office Zone Districts. a) Minimum distance between buildings 10 feet b) Maximum height (including viewplanes) 25 feet c) Minimum front yard 20 feet d) Minimum side yard 5 feet e) Minimum rear yard 10 feet if) Minimum lot width 60 feet g) Minimum lot area 6,000 square feet h) Internal Floor Area Ratio .75:1 i) Minimum percent open space 25% The proposed diversified park plan will eliminate currently existing head-in parking spaces located along the Bleeker Street side of the Yellow Brick School property. The existing parking is presently in the right of way. Parking along nam**10*t Bleeker Street will be converted to -.: f +.R. 2, .fÂ·* Â·- r-- P.. .,-/.3 Â· F.TL~z, parallel parking to accommodate the park expansion, which will .- *, 6 Â·gk~e"t '34:34~ 1 . lut replace the parking area with street . + # . Â¥4 4 trees, grass, sidewalk, and curbs as ' %441*t:**4~Â·.~fÂ·L, 5,-~ per discussions between the Parks and Transportation Departments. This change in parking will be ama". 4 + 1. Ini consistent with surrounding Â· llf neighborhood parking. This is a loss . ,â€ž 4 ~Ii I . 3. . .23 in parking spaces; however, the current head-in parking along Bleeker Street is in the right of way and not on the Yellow Brick School -1 '. S property. The streets in the vicinity 4 1-* - . 49*Â· Â·,4 of the Yellow Brick are posted for .. two hour parking and residential permit parking. The picture to the right shows existing head-in parking spaces along Bleeker Street. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Yellow Brick School 17 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding This criterion does not apply to this development proposal. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The applicant proposes a diversified park plan as a major part of the development. The landscape / park plan depicts the addition of many new trees designed to separate activities in the park and playground. Landscaping will consist of grass, Aspen and Cottonwood trees. Staff finds that this diversified park plan will considerably decrease the existing amount of impervious asphall that currently covers a maj ority o f the playground while at the same time provide a grass "green" which will support many outdoor activities for the building's tenants as well as the neighborhood. Further, staff finds that this proposed park improvements will greatly improve the vegetative coverage of the site while maintaining a variety of park activities. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an Yellow Brick School 18 architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding This criterion does not apply to this development proposal. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding This criterion does not apply to this development proposal. G. Common Park, Open Space, or Recreation Area. I f the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be rnet: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit o f the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together Yellow Brick School 19 with a deed restriction against future residential, commercial, or industrial development. Staff Finding The applicant proposes a diversified park plan as a major part of the development. The landscape / park plan depicts the addition of many new trees designed to separate activities in the park and playground. Landscaping will consist of grass, ~ Aspen and Cottonwood trees. Staff finds that z this diversified park plan will considerably ~~Â¥,Â·:. 3~ decrease the existing amount of impervious ~3:~ i.tÂ·:4.1.- asphalt that currently covers a majority of the ~ 19 Â·32Â£1~ ., t, , 1 playground while at the same time provide a 'EUMVia/~a'./* 937/ 1 - 4/Â· . A, grass "quad" which will support many outdoor .279<.*3*4.9,1 L--'.-1-~~.1/6~ ~-ak :21,%:t:. I. activities for the building's tenants as well as ... the neighborhood. Further, staff finds that this iwililllp---=---- - proposed park improvements would greatly 4 improve the vegetative coverage of the site .. . while maintaining a variety of park activities. . --.I *... . .... ...... (Photo to the right shows existing asphalt playground area.) The existing temporary in- â€žr/- 1 line skating rink shown in the adjacent photo is 1 proposed to be accommodated elsewhere in the City. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding Staff finds that adequate public infrastructure facilities exist in the basement of the Yellow Brick School building to accommodate the proposed office space provided for non-profits. This space formerly served as a library for the school as well as office space for Aspen Interactive. Additionally, this space was recently renovated and can provide adequate infrastructure to potential leasors. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and Yellow Brick School 20 recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The proposed diversified park plan will eliminate . . . 2 currently existing head-in parking spaces located 4,4 ,i~' 34#: along the Bleeker Street side of the Yellow Brick b + Â·,4 1 r/: â€¢Al 4 - *A t. , .6.4 i.*.*U: t. School property. The existing parking is r presently in the right of way. Parking along # 4 ~ Bleeker Street will be converted to parallel Â·Â».5..1..4.1~ .. parking to accommodate the park expansion, JIF~Jll which will replace the parking area with street trees, grass, sidewalk, and curbs as per discussions between the Parks and Transportation Departments. This change in parking will be consistent with surrounding neighborhood parking. This is a loss in parking spaces; however, the current head-in parking along Bleeker Street is in the right of way and not on the Yellow Brick School property. The streets in the vicinity of the Yellow Brick are posted for two hour parking and residential permit parking. All other aspects of vehicular access will remain unchanged with respect to this proposal. This picture to the left indicates currently existing head-in parking on Bleeker Street. J. Phasing of Development Plan. (Does not apply to Conceptual PUD applications) The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is Yellow Brick School 21 proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Internal improvements renovations have been initiated and are nearly complete. The neighborhood park will be developed in either the fall of this year or next spring. Yellow Brick School 22 EXHIBIT E PARCEL LOCATION VICINITY MAP (/4 493-'/ a-Â«- C 41/ A- 1 -7\ i \W -'~~i. E 4448 l ~ k 24--34 \2-11\Â«44 I Rl----2~IMP-J / /1 --4-1/> le#/0 Off -7-- ./. ff li _J / --~Fincr---~ l16_ l HljU -1 f.-7 I likw-* 1*~jx 0.13 Â»fEN UL) # L 1-444 2 , 11 Z -1 Â«-320 .14 *-1 W MAIN ST E MWNST -%-LA.1 -/ P / rn- Ch- -2-j t fj / r /7-k> .lk, -Zif -/1/al./- Ujut} d-14 2 LUIJat~Tht I *~ ' EXHIBIT H ORDINANCE 30. 4-l (SERIES OF 2000) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A REZONING FROM R-6 (MEDIUM DENSITY RESIDENTIAL) TO PUB (PUBLIC), AMENDMENTS TO THE ASPEN LAND USE CODE, FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN, AND AN EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM FOR AN ESSENTIAL PUBLIC FACILITY FOR THE YELLOW BRICK SCHOOL LOCATED AT 215 NORTH GARMISCH STREET, BLOCK 57, LOTS A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, AND S, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-124-36-850 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Tim Anderson and Glenn Horn of Davis Horn Inc. for rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School located at 215 North Garmisch Street, City of Aspen, Pitkin County, Colorado; and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Fire, Streets, and Water Departments; and, WHEREAS, upon review of the application, referral comments, and the applicable code standards, the Community Development Department recommended approval for the proposed rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan; and, WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of six to one (6 - 1), to City Council to approve the rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan made at a duly noticed public hearing on August 15,2000, that included comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, 24 WHEREAS, the City Council finds that the development proposal meets or exceeds 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 Coinmunity Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the rezoning from R-6 (Medium Density Residential) to PUB (Public), amendments to the Aspen Land Use Code, an Exemption from the Growth Management Quota System for an Essential Public Facility, and a Final Planned Unit Development (PUD) Plan for the Yellow Brick School is approved with the following conditions: 1. That the applicant submits a drainage mitigation plan meeting with the approval of the City Engineering Department to address temporary sediment control and containment plans for run-off for the construction phase and erosion control, soil stabilization, and re-vegetation in disturbed areas; 2. That all sidewalk, curb, and gutter shall be designed using the City of Aspen design standards which are available in the City Engineering Department; 3. That the applicant submits a soils report, to be performed to identi fy soil stability in areas that will be covered by concrete pavement; 4. That the applicant submits a landscape plan for review by the Engineering Department for approval including landscaping in and around the right of way. Such landscaping shall not interfere with snow removal or utility operation /maintenance; 5. That the applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction; 6. That all uses and construction will comply with the City of Aspen Water System standards, Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities; 7. That all landscaping, hardscaping, and park equipment shall be located away from or be easily relocated from the sewer easement that exists where the former alley is located; 8. That the applicant submits a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance prior to the application of a building permit; and 25 9. That prior to remodel, expansion or demolition of any part of any public or commercial building, including removal of drywall, carpet, tile, etc., the State of Colorado must be notified and a person licensed by the State to perform asbestos inspections must complete an inspection. The Building Department shall not sign any building permits until an asbestos report has been submitted. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it; and 10. That priority be given to children' s educational uses on the main level of the Yellow Brick School and that this priority not be so binding as to preclude other uses in the event that a children's educational use cannot accommodate the space on the main level ofthe Yellow Brick School. Section 2 Section 26.710.250 (A. and B.) of the City of Aspen, Colorado Land Use Code is hereby amended to include the new text, denoted by adding and swiking language as follows: A. Purpose. The purpose of the Public (PUB) zone district is to provide for the development of governmental~ and quasi-governmental and non-profit facilities for cultural, educational, civic and other gevernmental non-profit purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district: 1. Library; 2. Museum; 3. Post office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 6. Public transportation stop; 7. Terminal building, and transportation related facilities; 8. Public surface and underground parking areas; 9. Fire station; 10. Public and private school; 11. Public park; 12. Arts, cultural and recreational activities, buildings and uses; 13. Accessory buildings and uses; and 14. Public and Private non-profit uses providing a community service; 15. Childcare center. Section 3: 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. 26 Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue o f the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: I f any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on this 28th day of August, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor t11 FINALLY, adopted, passed and approved this 25 day of September, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor Approved as to form: John Woreestor, City Attorney 27 T f Yellow Brick School notes 1F k This is a public hearing to consider a proposal presented by the applicant, The City of j Aspen Recreation Department, represented by Tim Anderson, Glenn Horn, and Ed Sadler, to accomplish the following four requests: 1. Rezone the Yellow Brick School from R-6 (Med. Density Res.) to Public Zone District; 9 4 8 / u d,u 2. Amend the Public Zone District to 1) aU-r Private Schools, Day Care Centers, and Non-Profit Organizations as permitted uses and 2) amend the purpose of the Public Zone District to include "non-profit facilities for cultural, educational, civic, and other non-profit purposes"; 3. Growth Management Quota System Exemption to establish the Yellow Brick as an Essential Public Facility; and 4. Establish the site and uses through a Final Planned Unit Development (PUD) Plan. 1 The Yellow Brick is located at 215 North Garmisch Street in the R-6 Zone District; 1 It was owned and operated by the City of Aspen School District until 19(8. The Early Learning Center (pre-school) received Conditional Use approval from the Planning and Zoning Commission allowing a pre-school to operate in the R-6 Zone District; > The Planning and Zoning Commission approved a Conditional Use Amendment in 1993 to allow "educational uses" in the building. This amendment expanded permitted uses to include "educational related uses that although primarily applicable to children could also include adult oriented educational related uses. " > The City of Aspen purchased the Yellow Brick in 1998 using a combination of funde- from Open Space, Day Care, and General Funds. Following this, the Yellow Brick Task Force and Tenant Committee defined the building's public purpose to be educational and community service in nature; > Current tenants of the Yellow Brick include C.O.R.E., Gay and Lesbian Fund, Waldorf School, Early Learning Center, Mare's Play Group, and Kid's Club; > The rezoning is intended to bring the building's existing uses into compliance with the Land Use Code. Currently, the R-6 Zone District allows childcare centers and public or private schools as conditional uses and prohibits non-profit organizations. > This requested code amendment would allow the following uses as permitted uses in the Public Zone District: 1. Private Schools; 2. Day Care Centers; and 3. Non-Profit Organizations Further, the applicant is requesting to amend the purpose of the Public Zone District to include "non-profit facilities for cultural, educational, civic, and other non- profit purposes." 41+4 4 p,4 0 4 PAj ) /4-' i his applicanf also proposes a "diversified park plan" to replace the existing asphalt playground area in front of the existing Yellow Brick School. This park plan includes a new basketball court, grass quad area, and other amenities; ~ ~ > As you know, the park was part of the 1999 Parks and Recreation Bond Issue that ~ passed to build new and improved park spaces throughout Aspen. The Parks Department has worked with the community to identify the needs for the park for approximately two years and the final stages of the planning and documentation are 2// currently underway; k Currently, City Council approved Part I (design) portion of a two part "Design/ Build Contract" for the design and construction of the Yellow Brick Neighborhood Park. Part II (construction) portion is currently on this evening's agenda for approval. Construction is scheduled to begin tomorrow (August 29) (mobilization) contingent upon the Council approval of the Part II Contract; 1 > Can the Parks Department go forward with the "diversified park plan" prior to < approval from City Council on 2nd Reading for this application? > Staff supports the applicant' s request for 1) rezoning, 2) amendments to the Land Use Code, 3) GMQS Exemption as an Essential Public Facility; and 4) final planned unit development plan as it conforms to the intent in the AACP and by rezoning the site and amending the public Zone District, this action will bring the Yellow Brick's existing uses into compliance with the Land Use Code; > As note of interest: The City acquired the Red Brick School in 1993 and: 1) Rezoned the site from R-6 to Public; 2) Amended the Public Zone District to allow "arts, cultural and recreational activities, buildings, and non-profit organizations and artists to operate in the building; and 3) Approved a Growth Management Quota System exemption for the Red Brick as an Essential Public Facility. k Finally, Staff and the Planning and Zoning Commission recommend the City Council approve this application. This ends Staff's presentation. l)La. MEMORANDUM TO: Mayor and Council THRU: Steve Barwick, City Manager THRU: Tim Anderson, Recreation Agency Director FROM: George Pucak, Mgr. Aspen Ice Garden-Â»p f DATE: September 18, 2000 RE: Information of Ice Garden Renovation SUMMARY: Staff is informing Council that it is planning to go ahead with the renovation of the Ice Garden with work to commence in the spring of 2001. RFP's are going out for replacement of the refrigeration system and cement floor, roof decking, north wall and remodel of locker rooms. BACKGROUND: Several major work projects were identified as part of the Ice Garden Feasibility Study done in 1996 and where placed in the AMP. Due to the size and cost of the projects it was decided to include them in the 1999 Recreation Facilities Revenue Bond request. This request was passed by the voters on May 4,1999. DISCUSSION: The critical question for the rink has always been the operational life of the refrigeration system, specifically, the piping in the concrete slab and the amount of frost in the soil. A leak in the piping this spring forced us to take out a section of pipe. This was sent in for metallurgical analysis and the results indicated that the pipe is being attacked by external corrosion from chlorides in the concrete/water and other leaks could occur at any time. The refrigeration system replacement needs to be done as soon as possible. Since this project will take the longest time it is also logical to do the other projects in conjunction with it. There are also financial considerations, which will be discussed in the next section, which make doing all the projects together the best decision. Staff is planning this project to start in April of 2001 (April & May are normal shut down months for the rink) and to be completed in mid July so that ice can be back in for the Hockey Schools in August. A decision concerning the go/ no-go of the August Hockey Schools will be made at the end of April. Discussions have been held with rink user groups concerning the renovation and while they are not happy about the loss of spring/summer ice, they understand the necessity of the project. A discussion o f the renovation project was also held with the Asset Management Committee during our meeting with them in late August. They recommended that we do the renovation as one project and start it as soon as possible. FINANCIAL: From the standpoint of cost it makes more sense to do the projects together for a number of reasons. First, the purchasing power of the bond money is declining at the rate of 15% per year (estimate supplied by finance director) or $165,000 dollars of lost purchasing power per year. This means that we need to start as soon as possible as we may not have sufficient funds to do the all the work required. Second, doing the projects individually will impact the fucility to an even greater extent and add cost to the project because of extra mobilization, construction clean up, etc. Third, there will be some opportunities for savings by coordinating contractors for roof, floor and locker room renovation in the areas of demolition, hauling, electrical work, etc, if the projects are done at the same time. Lastly, but perhaps most importantly, doing the projects together willlessen the "down time" for the user groups and that will result in lower revenue losses for the facility. CITY MANAGER COMMENTS: Vig MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Directo~O*D FROM: Fred Jarman, Planner ~1 Â· RE: Yellow Brick School Final Planned Unit Development (PUD) / Code Amendments / Rezoning / and Growth Management Quota System Exemption - First Reading DATE: August 28,2000 4 mÂ¥,9 16.-" -14 k 4% 1 1 -*. 1- 1 .,,, Â£7' 32 1 1- - --=t. Panoramic view from the corner of Bleeker and Garmisch Streets showing existing asphalt playground in foreground and existing Yellow Brick School building in the background. APPLICANT /OWNER: City of Aspen Recreation Department REPRESENTATIVE: Tim Anderson LOCATION: 215 North Garmisch Street, Lots A, B, C, D, E, F, G, LI, I, J, K, L, M, N, Q, R, and S, of Block 57, City and Townsite ofAspen, Aspen Colorado CURRENT ZONING: R-6 (Medium-Density Residential) SUMMARY: The applicant proposes to 1) rezone from R-6 (Medium-Density Residential) to PUB (Public), 2) amend the Land Use Regulations, 3) apply for an Exemption from the Growth Management Quota System for an Essential Public Facility, and 4) apply for a Final Planned Unit Development (PUD) Plan. APPROVED AND CURRENT LAND USE: R-6 Zone District allowing Pre-School and Education Related Uses as conditional uses. REVIEW PROCEDURE Consolidated Conceptual and Final Review (Two-Step Review)At has been determined by the Community Development Director that because of the limited extent o f the issues involved in this proposed PUD in relation to these review procedures and standards and because of a significant community interest which the project would serve, it is appropriate to consolidate conceptual and final development plan review. The Community Development Director determined that the four- step review would be redundant and serve no public purpose. The City Council may, during review, determine that the application should be subject to both conceptual and final plan review, in which case consolidated review shall not occur. STAFF COMMENTS: The Applicant, City of Aspen Recreation Department, represented by Tim Anderson and Glen Horn of Davis Horn Incorporated requests approval of the following land use approvals for the Yellow Brick School Building located at 215 North Garmisch Street on Block 57, City and Townsite of Aspen, Colorado. > Rezoning from R-6 (Medium-Density Residential) to PUB (Public); > Amendments to Land Use Code Section 26.710.250 Public Zone District; k Growth Management Quota System Exemption for an Essential Public Facility; and > Final Planned Unit Development (PUD) Plan. Background The Yellow Brick School Building was owned and operated by the Aspen School District until 1991. In the summer of 1991, the Early Learning Center received Conditional Use approval from the Planning and Zoning Commission to use the Yellow Brick School as a pre-school in the R-6 Zone District. The Early Learning Center has operated in the Yellow Brick School building since the fall of 1991. In 1993, the Aspen Planning and Zoning Commission approved Resolution 93-09 amending the original Conditional Use approval to allow "educational related" uses in the building. The amendment expanded permitted uses in the building to include "educational related uses that although primarily applicable to children could also include adult oriented educational related uses." Finally, the City of Aspen purchased the Yellow Brick School in 1998. Subsequently, the Yellow Brick Task Force and Tenant Committee, consisting of a variety of community volunteers and neighbors, defined the building's public purposes to be educational and community service in nature. On May 15th, 2000, the Aspen City Council approved a funding request for Yellow Brick Capital Improvements, which included a line item for the basement of the building allowing "the City to charge minimal rents that would create affordable space to not-for-profits that could only afford such rent." Yellow Brick School 2 Further, City Council approved funding for Park / Playground Facilities. At the time, Staff indicated they would return to City Council at a later date to provide conceptual designs of this Park /Playground Facility which would benefit not only children during the day but also the public at all other hours. (This agreement is attached as " Exhibit G" with this Memorandum) The applicant is proposing a "diversified park plan" as part of the Final Planned Unit Development. The park was part of the 1999 Parks and Recreation Bond Issue that passed to build new and improved park spaces throughout Aspen. The Parks Department worked with the community to identify the needs for the park for approximately two years and the final stages of the planning and documentation are currently underway. City Council approved the design portion (Part I) of a two part Design / Build Contract for the design and construction of the Yellow Brick Neighborhood Park. The construction portion (Part II) of the two-part contract is currently on the upcoming August 28 City Council agenda for approval. Construction is scheduled to begin August 29 (mobilization) contingent upon the Council approval of the Part II Contract. Finally, in a similar fashion to the requests for the Yellow Brick School, the City acquired the Red Brick School in 1993 and 1) amended the Public Zone District to allow "arts, cultural and recreational activities, buildings and uses", 2) rezoned the site from R-6 (Medium Density Residential) to PUB (Public), and 3) granted an exemption from the Growth Management Quota System for the Red Brick School as an Essential Public Facility. The rezoning and text amendment allowed non-profit organizations and private artist studios to operate in the facility. Current Use Since the purchase of the property by the City in 1998, the Yellow Brick School continues to host a variety of education and community service related uses. Table 1 below indicates the Yellow Brick School building's tenants currently leasing space and their respective allocated square footage. It also includes the newly renovated basement offices and their respective gross square footage. Table 1 Yellow Brick School Building Tenants Tenants Square Footage C.O.R.E. 455 Gay and Lesbian Fund 150 Waldorf School 960 Early Learning Center 5,845 Mare's Play Group 1,608 Kid's Club (Skieo) 2,936 Basement Offices 3,000 Total 14,954 At this time, the City of Aspen Recreation Department requests to rezone the former school site from Medium Density Residential (R-6) to Public (PUB). The R-6 Zone District allows child care centers and public and private academic schools as Conditional Uses, but prohibits non-profit organizations. The proposed amendments to the Public Zone District would allow child care centers and public and private academic schools as Permitted Uses. Staff finds this proposed Yellow Brick School 3 rezoning to Public and the associated proposed amendments to the Public Zone District creates a more appropriate zone for a combined educational and community service facility. Further, the Public Zone District is more appropriate for the property given the sale of the building from the Aspen School District to the City of Aspen. For these reasons, Staff believes that rezoning the former school site is the best mechanism to bring the existing uses into compliance with the Land Use Code. Specifically, this application requests to 1) amend the Public Zone District to add the following uses as permitted uses: 1. Private School 2. Child Care Centers 3. Public and private non-profit uses providing a community service and 2) amend the purpose of the Public Zone District to include "non-profit facilities for cultural, educational, civic and other non-profit purposes." Together, rezoning the site and amending the Public Zone District will bring the Yellow Brick' s existing uses into compliance with the Land Use Code. The 2000 Aspen Area Community Plan (AACP) contains a series of Goals promoting the Arts, Culture, and Education (p. 461 Two goals relate specifically to the Yellow Brick School and its proposed uses to provide office space for non-profit organizations as well as operating as an essential public facility. These include: Goal C: Ensure sufficientfunding for arts, culture, and education valley-wide; and Goal E: Ensure the provision of public facilities and services to sustain arts, culture, and education in the community. Staff finds the proposed requests will result in a facility that will serve these goals in that it recognizes the contribution of the arts, culture, and education to the quality of life in Aspen. However, it should also be noted that the AACP also provides the following language in the Action Plan (p. 56 and Action # 53) regarding Essential Community Facilities and Affordable Housing: In planning for any "Essential Community Facility," it should be determined if there is sufficient affordable housing associated with the project to ensure the facility is viable over the long run. This application does not include a direct response to this Action in the AACP with respect to the relationship between an essential community facility and affordable housing. However, Staff finds that this action item is evaluated by judging the appropriateness of projects on a case-by-case basis by City Council. It should be noted that during the regular public hearing on August 15,2000, the Planning and Zoning Commission raised concern to this issue and forwards a formal recommendation to the City Council to await the findings of the "Infill Study" currently underway to determine if it has any impacts on the best use for the park space rather than a voter approved and currently City Council approved park plan for the Yellow Brick School. Yellow Brick School 4 Staff finds that the proposed rezoning and amendments the Public Zone District will provide a more suitable fit given the Yellow Brick' s current uses and ownership. Moreover, this rezoning will not preclude the future option of entertaining the Yellow Brick School site for affordable housing as it is currently established as a conditional use in the Public Zone District. Allowing this request will only mean that any future change would require a PUD amendment process in order to consider changes that are consistent with the original PUD and it's underlying Zone District to accommodate the future needs ofthe community. STAFF RECOMMENDATION: Staff recommends the City Council approve 1) the rezoning from It-6 (Medium Density Residential) to (PUB) Public, 2) amendments to the Aspen Land Use Code, 3) Growth Management Quota System Exemption for an Essential Public Facility, and 4) a Final Planned Unit Development (PUD) Plan for the Yellow Brick School, with the following conditions: Conditions of Approval: 1. That the applicant submits a drainage mitigation plan meeting with the approval of the City Engineering Department to address temporary sediment control and containment plans for run-off for the construction phase and erosion control, soil stabilization, and re-vegetation in disturbed areas; 2. That all sidewalk, curb, and gutter shall be designed using the City of Aspen design standards which are available in the City Engineering Department; 3. That the applicant submits a soils report, to be performed to identify soil stability in areas that will be covered by concrete pavement; 4. That the applicant submits a landscape plan for review by the Engineering Department for approval including landscaping in and around the right of way. Such landscaping shall not interfere with snow removal or utility operation /maintenance; 5. That the applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction; 6. That all uses and construction will comply with the City of Aspen Water System standards, Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities; 7. That all landscaping, hardscaping, and park equipment shall be located away from or be easily relocated from the sewer easement that exists where the former alley is located; 8. That the applicant submits a fugitive dust control plan which includes, but is not limited to fencing, watering of disturbed areas, daily cleaning of adjacent paved roads to remove mud that has been carried out, speed limits, or other measures necessary to prevent windblown dust from crossing the property line or causing a nuisance prior to the application of a building permit; and Yellow Brick School 5 9. That prior to remodel, expansion or demolition of any part of any public or commercial building, including removal of drywall, carpet, tile, etc., the State of Colorado must be notified and a person licensed by the State to perform asbestos inspections must complete an inspection. The Building Department shall not sign any building permits until an asbestos report has been submitted. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it; and 10. That priority be given to children's educational uses on the main level of the Yellow Brick School and that this priority not be so binding as to preclude other uses in the event that a children' s educational use cannot accommodate the space on the main level of the Yellow Brick School. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. , Series of 2000, approving the 1) the rezoning from R-6 (Medium Density Residential) to PUB (Public), 2) amendments to the Aspen Land Use Code, 3) a Final Planned Unit Development (PUD) Plan, and 4) an Exemption from the Growth Management Quota System for an Essential Public Facility for the Yellow Brick School located at 215 North Garmisch Street, Lots A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, and S, of Block 57, City and Townsite of Aspen, Pitkin County, Colorado." ATTACHMENTS: REVIEW CRITERIA & STAFF FINDINGS EXHIBIT A - REZONING FROM R-6 To PUBLIC ZONE DISTRICT EXHIBIT B -- CODE AMENDMENT TO PUBLIC ZONE DISTRICT EXHIBIT C -- GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY EXHIBIT D -- FINAL PLANNED UNIT DEVELOPMENT (PUD) SUPPORTING DOCUMENTS EXHIBIT E -- PARCEL LOCATION VICINITY MAP EXHIBIT F -- DEVELOPMENT APPLICATION EXHIBIT G -- CAPITAL IMPROVEMENTS MEMORANDUM EXHIBIT H -- ORDINANCE No. , SERIES 2000 Yellow Brick School 6 EXHIBIT A REZONING FROM R-6 To PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in connict with any applicable portions of this title. Staff Finding The proposed amendment to the official zone district map to change the subject property's zoning designation from R-6 to Public is not in conflict with any portion of the Land Use Code provided the accompanying text amendment is approved. The amendment does not represent new land use policy or a change in land use policy for the City of Aspen. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The 1993 Aspen Area Comprehensive Plan (AACP) calls for the support and enhancement of the educational use of the Yellow Brick School. The City purchased the facility primarily to continue school's educational functions, and also to provide space for non-profit groups. This amendment to the map is not only consistent with the AACP, but is a step toward insuring that the structure is preserved for educational and community services. After the City purchased the property, the Yellow Brick School Task Force and Tenant Committee was formed to address the building's use. The committees, which consist of a wide variety of community volunteers, determined that the building would be used for educational and community services. They also approved of creating affordable space in the basement for non-profit groups. These decisions support the Yellow Brick's continued educational use and are therefore consistent with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed use is compatible with surrounding zone districts and land uses. In the past, it was an even more intensive educational use as a fully functioning school, which was a permitted conditional use in the R-6 zone district in the same location. The subject property is situated in the well-established West End residential neighborhood. To the north, west, and east of the Yellow Brick School are single family homes which have predominated in the neighborhood since the 19th century. To the south are single family homes and the Hotel Aspen. And, to the northeast is the Red Brick School, now the Aspen Arts and Recreation Center, containing many similar uses. The Yellow Brick School committees' decisions concerning the Yellow Brick School 7 facility's use and tenants has helped to ensure that the existing land uses are compatible with the neighborhood characteristics. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The rezoning is expected to have minimal impact on traffic and road safety. The continuation of the existing uses will not generate more traffic or hinder road safety; however, leasing an additional 1,800 square feet to additional non-profit groups may impact traffic and road safety. The property is centrally located and easily accessed by foot and by public transportation. Therefore, vehicular trip generation will be less than for a property in a location which does not possess these transit and pedestrian amenities. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The rezoning to Public will not result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. E. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to Public will not adversely impact the natural environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. The educational and community service uses have been consistent and compatible with the community character in the past and will continue to help build this character in the future. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The City purchased the Yellow Brick property from Aspen School District. The change in ownership from a school district to the governmental entity is a changed condition that supports the rezoning from R-6 to Public, providing a more appropriate zone for combined educational and community service building. Yellow Brick School 8 I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding The text amendment to rezone the Yellow Brick School to Public and bring the existing educational and non-profit agencies into compliance with the Land Use Code is not in conflict with the public interest, but rather is strongly in the public interest. The rezoning of a public building to Public is also within the purpose and intent ofthis chapter of the Land Use Code. Yellow Brick School 9 EXHIBIT B CODE AMENDMENT TO PUBLIC ZONE DISTRICT REVIEW CRITERIA & STAFF FINDINGS In reviewing an amendment to the text and official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in contlict with any applicable portions of this title. Staff Finding No Land Use Code conflicts are evident for the proposed text amendments. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding The amendments are consistent with the Aspen Area Comprehensive Plan (AACP). The 1993 AACP called for the City to "Support and enhance the educational use of the Yellow Brick School." The amendments help implement the Plan by expanding the educational uses allowed in the Public zone district by allowing private schools and child care facilities instead ofjust public schools. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding Neighborhood compatibility issues will specifically be addressed pursuant to the rezoning standards. However, Public zoning in most communities provides for a wide variety of uses and activities for citizens and guests. Staff feels that the proposed changes will allow uses which are very similar to the traditional and current uses of the Yellow Brick School. Staff also feels that the proposed uses will be compatible with the surrounding land use patterns. D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding This proposed amendment will not effect traffic generation and road safety. Specific impacts will be considered during individual conditional use review processes. F. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Yellow Brick School 10 Staff Finding The addition of the proposed uses allowed in the Public zone district is not expected to result in increased demand on public facilities. The existing structure has been in existence and the impacts are already accommodated within the current services. In addition the change from school to the proposed public uses has probably decreased the impacts on the Yellow Brick site given the reduction in the on-site population and public facilities required to accommodate them. G. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The primary affect ofthis amendment will be to permit the Yellow Brick School's existing uses to continue and moderately expand. No adverse impacts are anticipated on the natural environment. I. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding This amendment adds language to a land use policy that is consistent and compatible with the community character. For approximately the past half century, the Yellow Brick School and its uses have contributed to Aspen' s community character. The uses have recently changed from a neighborhood school to child care providers and community service related agencies. The uses located at this site reinforce core community values and, therefore, are consistent and compatible with the City's character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The Yellow Brick School building was sold by the Aspen School District to the City of Aspen. The change in ownership from a school district to the City is a changed condition which prompted the rezoning and this text amendment. The amendment is appropriate for the entire Public zone district because it carries out the zone's intent and purpose, but is most appropriate in its application to the Yellow Brick site. J. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding One of the goals of the AACP is to better utilize community facilities. These amendments allow for enhanced public-oriented uses at a public site. Yellow Brick School 11 EXHIBIT C GROWTH MANAGEMENT QUOTA SYSTEM EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY REVIEW CRITERIA & STAFF FINDINGS The following types of development are exempt from the growth management competition and scoring provisions of this Title. Some types of exempt residential and tourist accommodations development are deducted from the pool of annual development allotments and Aspen Metro Area development ceilings; others are not. This Section describes the types of development that are exempt from growth management competition and scoring; conditions or standards, if any, for exemption; and the decision making body responsible for reviewing applications for exemption. Exemption for Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council. This exemption is available provided the following conditions are met: 1. Except for housing, development shall be considered an essential public facility if: a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general public, and serves the needs of the City. Staff Finding Currently, the Yellow Brick School hosts a variety of uses including a child care center and non- profit organizations, which embody an education and community service focus. The 3,000 sq. ft. basement space in the building proposed as non-profit office space already exists. Prior to this proposed use, the space was formerly utilized by Aspen Interactive as office space, served as a library space for the Yellow Brick School, a kitchen, and a storage space. Staff finds that there will not be an increase in impacts resulting from leasing this office space. Further the City will advertise for non- profit tenants to fill those offices. 2. An applicant for an exemption pursuant to this Section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. The generation of additional employees, the demand for parking, road and transit services, and Staff Finding The space in the building proposed as non-profit office space already exists and has been utilized for years through a variety of uses as indicated above. Staff finds that there will not be an increase in impacts resulting from leasing this office space to non-profit organizations considering use by prior tenants. Yellow Brick School 12 ii. The need for basic services including but not limited to water supply, sewage treatment, drainage control, fire and police protection, and solid waste disposal. It shall also be demonstrated that: Staff Finding The space in the building proposed as non-profit office space already exists and has been utilized for years. Staff finds that there will not be an increase in impacts resulting from leasing this office space to non-profit organizations considering use by prior tenants. iii. The proposed development has a negligible adverse impact on the City's air, water, land and energy resources, and is visually compatible with surrounding areas. Staff Finding The proposed use will not result in any changed impact on air, water, land, and energy resources. Moreover, the proposed diversified park plan improvements to the playground area in front of the Yellow Brick School building will enhance the surrounding area not only for the children using the Yellow Brick but also children and residents in the west end neighborhood. Yellow Brick School 13 EXHIBIT D FINAL PLANNED UNIT DEVELOPMENT (PUD) REVIEW CRITERIA & STAFF FINDINGS A development application for Conceptual, Final, Consolidated Conceptual and Final, or Minor PUD shall comply with the following standards and requirements. Due to the limited issues associated with Conceptual Reviews and properties eligible for Minor PUD Review, certain standards shall not be applied as noted. The burden shall rest upon an applicant to show the reasonableness of the development application, and its conformity to the standards and procedures of this Chapter and this title. A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds that this application is consistent with the 2000 Aspen Area Community Plan (AACP). The AACP includes a series of Goals to promote the Arts, Culture, and Education (p. 46). Two goals relate specifically to the Yellow Brick School and its proposed uses to include non-profit office space as well as operating as an essential public facility. These include 1) Goal C: Ensure sufficient funding for arts, culture, and education valley-wide, and 2) Goal E: Ensure the provision of public facilities and services to sustain arts, culture, and education in the community. Staff finds this application serves these goals in that it recognizes the contribution of the arts, culture, and education to the quality of life in Aspen. However, it should also be noted that The AACP also the issue of Essential Community Facility and Affordable Housing. The Plan indicates that "in planning for any 'Essential Community Facility,' it should be determined if there is sufficient affordable housing associated with the project to ensure the facility is viable over the long run." This application does not include a direct response to this Action in the AACP with respect to the relationship between an essential community facility and affordable housing. The Yellow Brick School building modification is entirely within the basement of the structure and the diversified park plan will enhance the existing playground area for both the tenant's use as well as the surrounding neighborhood. This proposal is consistent with the character of existing land uses in the surrounding area. Further, this proposed development includes the application for an exemption from GMQS for an "essential public facility" in combination with this final PUD development plan review. Yellow Brick School 14 B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and o f the surrounding area. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Yellow Brick School 15 5. The maximum allowable density within a PUD may be reduced i f there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mud flow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Notes: d) Lot sizes for individual lots within a PUD may be established at a higher or lower rate than specified in the underlying zone district as long as, on average, the entire PUD conforms to the maximum density provisions of the respective zone district or as otherwise established as the maximum allowable density pursuant to a Final PUD Development Plan. e) The approved dimensional requirements for all lots within the PUD are required to be reflected in the final PUD development plans. Staff Finding The Aspen Land Use Code does not specify dimensional and off street parking requirements for the Public Zone District; rather, the requirements are established in the Final Planned Unit Development Plan. Since the Public Zone District uses the PUD plan review only as a means of establishing dimensional and parking requirements and the Yellow Brick School Building has existed for over 40 years, most sections of the PUD review are not applicable to the subject site. Yellow Brick School 16 The following proposed dimensional requirements for the site are based upon consideration of existing conditions, proposed improvements, and consideration of the dimensional standards in the R- 6 and Office Zone Districts. a) Minimum distance between buildings 10 feet b) Maximum height (including viewplanes) 25 feet c) Minimum front yard 20 feet d) Minimum side yard 5 feet e) Minimum rear yard 10 feet f) Minimum lot width 60 feet g) Minimum lot area 6,000 square feet h) Internal Floor Area Ratio .75 : 1 i) Minimum percent open space 25% The proposed diversified park plan will eliminate currently existing head-in parking spaces located along the Bleeker Street side of the Yellow Brick School property. The existing parking is presently in the right of way. Parking along *11(,~i~ Bleeker Street will be converted to parallel parking to accommodate - I â€¢- I., I 'dj:.9/&2/la: %,4/5/7/96 -d the park expansion, which will ..t . A , .7 ....4, replace the parking area with street trees, grass, sidewalk, and curbs as per discussions between the Parks . :*:+24.: 1<L - .:~ t.,4.7,2 and Transportation Departments. , 1 This change in parking will be -. : 'Jlul consistent with surrounding -1 +4 1 L i neighborhood parking. This is a loss in parking spaces; however, the - ... current head-in parking along lkâ€¢ r ; Bleeker Street is in the right of way *Â·. - : u : Â· I ! â€¢/Â£4 - - 0 - 44 and not on the Yellow Brick School - property. The streets in the vicinity . .la> 11. of the Yellow Brick are posted for .. 1 ...1 1 ... ... two hour parking and residential permit parking. The picture to the right shows existing head-in parking spaces along Bleeker Street. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces. and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Yellow Brick School 17 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding This criterion does not apply to this development proposal. D. Landscape Plan. The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding The applicant proposes a diversified park plan as a major part of the development. The landscape / park plan depicts the addition of many new trees designed to separate activities in the park and playground. Landscaping will consist of grass, Aspen and Cottonwood trees. Staff finds that this diversified park plan will considerably decrease the existing amount of impervious asphalt that currently covers a majority of the playground while at the same time provide a grass "green" which will support many outdoor activities for the building's tenants as well as the neighborhood. Further, staff finds that this proposed park improvements will greatly improve the vegetative coverage of the site while maintaining a variety of park activities. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes. which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an Yellow Brick School 18 architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate the storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. Staff Finding This criterion does not apply to this development proposal. F. Lighting. The purpose of this standard to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding This criterion does not apply to this development proposal. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together Yellow Brick School 19 with a deed restriction against future residential, commercial, or industrial development. Staff Finding The applicant proposes a diversified park plan as a major part of the development. The landscape / park plan depicts the addition of many new trees designed to separate activities in the park and playground. Landscaping will consist of grass, .. Aspen and Cottonwood trees. Staff finds that I 1 Â· ZEAd>'.. this diversified park plan will considerably liÂ·y.r,~Â·>,up.emi. ,4 - decrease the existing amount of impervious -d&*...i=:,r~-YXI- - 01 f#49 , asphalt that currently covers a majority of the 1., .. playground while at the same time provide a .1 ** * $ 4 ' ......... 644*i grass "quad" which will support many outdoor ..lhy..... fi> h :20 ta .': activities for the building's tenants as well as i .4., the neighborhood. Further, staff finds that this proposed park improvements would greatly I 3.. M -. improve the vegetative coverage of the site T while maintaining a variety of park activities. (Photo to the right shows existing asphalt playground area.) The existing temporary in- - line skating rink shown in the adjacent photo is proposed to be accommodated elsewhere in the City. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding Staff finds that adequate public infrastructure facilities exist in the basement of the Yellow Brick School building to accommodate the proposed office space provided for non-profits. This space formerly served as a library for the school as well as office space for Aspen Interactive. Additionally, this space was recently renovated and can provide adequate infrastructure to potential leasors. I. Access and Circulation. (Only standards 1 &2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and Yellow Brick School 20 recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding The proposed diversified park plan will eliminate ..Â· currently existing head-in parking spaces located 14& 1- R.0 ,* + * ~ ., ~0.3*,-: along the Bleeker Street side of the Yellow Brick &2~ School property. The existing parking is ?cÂ¥*~ 44.1 2..,t'*21444.42+.1Â·; â‚¬2,a.I.~I.~~ presently in the right of way. Parking along -.1Ili.6 2**~**. **~11....Air~. *.9~~ Bleeker Street will be converted to parallel i~De=...18â€¢~'F"t- .2 - parking to accommodate the park expansion, Jil which will replace the parking area with street trees, grass, sidewalk, and curbs as per discussions between the Parks and Transportation Departments. This change in parking will be consistent with surrounding neighborhood parking. This is a loss in parking spaces; however, the current head-in parking along Bleeker Street is in the right of way and not on the Yellow Brick School property. The streets in the vicinity of the Yellow Brick are posted for two hour parking and residential permit parking. All other aspects o f vehicular access will remain unchanged with respect to this proposal. This picture to the left indicates currently existing head-in parking on Bleeker Street. J. Phasing of Development Plan. (Does not apply to Conceptual PUD applications) The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of the development plan is Yellow Brick School 21 . 21,4,4 proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in-lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Internal improvements renovations have been initiated and are nearly complete. The neighborhood park will be developed in either the fall of this year or next spring. Yellow Brick School 22 EXHIBIT E PARCEL LOCATION VICINITY MAP N N *2 3937 kÂ»\ 6+E 2 .Oj u-444* / i_~_ -UJ Â»7 \11 21 1 1 <42 4'J' 1 ha-- 11 A il al' 1--Â»1 1371 f k-J 1 5 -J=21 ,--; L.JI *~0 / MER-thf~% --JU...2- 1 ,11 I F h - .ji 4/1 14 - a -h==tnun~~ = / A W luWN ST E MAIN ST 2 / h. i -- i,/0127 UU 21 29 2 4194) n. ///1 THE CITY OF ASPEN PRESS RELEASE Contact: Linda Gerdenich, Director of Community Relations/Communications 970/920-5082 Email: lindage@ci.aspen.co.us Lee Cassin, 970/920-5075 Environmental Health Ieee@ci.aspen.co.us, Ed Sadler, Asset Mgr. 970/920-5085, edwards@ci.aspen.co.us FOR IMMEDIATE RELEASE YELLOW BRICK CLOSED TEMPORARILY Aspen, Colorado - 30 August, 2000 - ASBESTOS BEING CLEANED UP AT YELLOW BRICK SCHOOL - Asbestos removal at the Yellow Brick School, scheduled for last Monday, August 28,2000, has been delayed because it was found that some asbestos had already been disturbed. The City of Aspen received notice of the problem Monday morning and air and carpet samples were immediately taken throughout the building. These samples, collected by a state certified asbestos inspector, were sent to a certified lab for testing. Although contamination was found to exist in and near the boiler room in the basement, the air samples collected from the main floor showed no contamination. The Yellow Brick School, like City Hall and other older buildings, contains asbestos, a naturally-occurring compound which is not a health threat as long as the fibers have not become broken or deteriorated through age and are not capable of becoming airborne. If the asbestos does deteriorate and become airborne, it may be a health threat if inhaled. At this time, it is not known how much exposure to asbestos would cause health effects. However, the City's attitude is that every precaution should be taken to absolutely minimize exposure. The city contracted with a professional asbestos abatement company to remove the asbestos from the boiler room in the basement. (con't) Yellow Brick, 2 Although the city was not required to remove the asbestos, a proactive approach was being taken to remove the potential threat to the children who utilize this building. The longer asbestos is left in place, the greater the chance that an accident will happen or that it will deteriorate through age. The work had been purposely scheduled for a time when the day care centers would be closed. Immediately upon being notified, the City contacted the Colorado Department of Public Health and Environment (CDPHE) and testing was instigated. CDPHE has been intricately involved in all activities since Monday regarding the facility assessment. The city wants to err on the side of being over-cautious since the building contains day care centers. The City also plans to conduct a thorough testing of air and carpets throughout the building. Only personnel from the asbestos removal company will be allowed in the building until the clean-up is competed. The cleanup is expected to take two weeks. Alternative day care locations are being found at this time. There are several numbers people may call if they want advice or have questions. These include three numbers at the Colorado Department of Public Health and Environment. Dial 1-800-886-7689, then enter 1, then enter one of the following three extensions: Curtis Burns 3153 Bob Johannes 3169. Tom Bain 3182 Locally, interested individuals may call Lee Cassin, City Environmental Health Director, at 920-5075, Ed Sadler, the City Asset Manager, at 920-5085, or Tim Anderson, City Recreation Director, at 920-5140. Please note: No one will be in the building to answer phones. Please contact your childcare provider as needed at the following alternate numbers: Early Learning Center - Patric McLaughlin, 963-0733; Waldorf - Cathy Fisher 920-4809; Mare's Play Group - 925-6907 or 379-1325; Kids Club - Sue Way, 923-0570. City of Aspen Staff are available by phone at 920-5085 or 920-5082 until 9pm this evening (Wed. - 8/30) it## MEMORANDUM To: Fred Jarman, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: July 10, 2000 Re: Yellowbrick PUD The Development Review Committee has reviewed the Yellowbrick Conceptual PUD application at their July 5,2000 meeting, and has compiled the following domments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage - Requirement -Before the final design is approved, the site development approvals must include the requirement meeting runoff design standards of the Land Use Code at Sec. 26.88.040.C.4.f and a requirement that, prior to the building permit application, a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, must meet the requirements of the Engineering Department Interim Design Standards and must be submitted for review and approval by the Engineering Department. The mitigation plan must also address the temporary sediment control and containment plan for the construction phase. If drywells are an acceptable solution for site drainage, a soils report must be provided with a percolation test to verify the feasibility of this type of system. Drywells have depths well below depth of frost (10' minimum) to function in cold weather. The drainage plan must contain a statement specifying the routine maintenance required by property owner(s) to ensure continued and proper performance. Drywells may not be placed within public right of way or utility easements. The foundation drainage system should be separate from storm drainage, must be detained and routed on site, and must be shown on drainage plans and submitted for approval prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm. Page 2 of 5 July 14,2000 Yellowbrick PUD Information - The City drainage criteria needs to be implemented completely. This includes but is not limited to erosion control, soil stabilization, and re- vegetation in disturbed areas. Also, there needs to be an analysis of where the drainage will flow and what adverse affects may arise from potential mud and debris flow. 2. Sidewalk, Curb, and Gutter - Requirement- All sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District - Information - As of the request of the Fire Protection District revisions need to be made as follows: a. A sprinkler system is recommended for the first floor. 4. Transportation - Information - a. NONE 5. Building Department - Information - The following information has been provided by the Building Department: a. NONE 6. Parking - Requirement - The following requirement has been provided by the Parking Department: a. NONE 7. Engineering Department - Information- The following information has been provided by the Engineering Department: a. A soils report needs to be performed to identify soil stability in areas that will be covered by concrete pavement. b. A traffic study needs to be conducted to identify changes of transportation associated with loss of parking and addition of commercial units. c. A landscape plan needs to be submitted for review by the Engineering Department for approval including landscaping in and around the right of way. 8. Streets Department - Requirement- As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. b. The landscaping plan along Hallam Street needs to be approved by the Streets Department. The final plan may interfere with snow removal. Page 3 of 5 July 14,2000 Yellowbrick PUD 9. Housing Office - Information - The following information has been provided by the Housing Office: a. NONE 10. Community Development - Information - The following information has been provided by the Community Development Office: 1. This application will be considered a two-step "Consolidated" PUD Process involving two public hearings: Conceptual and Final at P&Z for recommendation to City Council; Conceptual and Final at City Council. 2. What kinds of numbers regarding employment generation will the proposed additional 1,860 sq. ft. bring to the Yellow Brick School? The number of employees for the net leaseable space needs to be determined and relayed to the planning department. 3. PUD Dimensional Requirements (Setbacks): Zoning Officer indicated the proposed basketball hoop and seating encroach into the Front Yard Setback of 20' on the east side as does the playground equipment encroach on the west side. 4. There are no legal lot lines indicating where the lot is separated from the Rights-Of-Ways that are indicated on the Improvement Survey or the proposed Site Plan therefore it is difficult to review proposed developments with respect to Setbacks and so forth. 5. It was noted that any development 30" above or below grade is prohibited in setbacks. A variance would need to be requested unless it's established in the PUD dimensional requirements at 5" for "Accessory Structures." 6. Parking spaces and "child pick-up areas" should be discussed and indicated on Site Plan. 7. Applicant's request for (3) Code Amendments should only need an amendment to include "non-profit facilities" and remove the word "governmental" from the purpose of the Public Zone District and to add three (3) additional permitted uses in the Public Zone District: 1. Private School 2. Public and Private non-profit uses providing a community Service 3. Child Care Center 8. Do not need apply for a Code Amendment to 1) add "Non-Profit Organization" definition or 2) Change the definition of "Essential Public Facility." This was already done via Ordinance 5 Series 2000 adopted on March 13,2000. Page 4 of 5 July 14, 2000 Yellowbrick PUD 11. Emergency Management Disaster Coordinator - Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. NONE 12. Parks - Requirement- The following comments have been produced by the Parks Department: a. NONE 10. Utilities: - Water: City Water Department - Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. - Wastewater: Aspen Consolidated Waste District - Information - As a request of the Consolidated Waste District, revisions need to be made as follows: a. It would be beneficial to replace all sewer laterals during construction due to the poor performance history associated with the building's service. b. All landscaping, hardscaping, and park equipment needs to be located away from the sewer easement that exists where the former alley is located and/or be easily removable. - Construction: Work in the Public Right of Way Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. Page 5 of 5 July 14, 2000 Yellowbrick PUD 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department DRC Attendees Staff: Nick Adeh Applicant's Representative: Tim Anderson Steve Hunter Glen Horn Tom Bracewell Patrick Duffield Joyce Ohlson Amy Guthrie Sarah Oates Fred Jarman Ed Van Walraven Dennis Murray A Â·. ',---â€¢ '241 ht. $2 t K JUN : 20(' 0 THE CITY OF ASPEN June 1,2000 C ity o f Aspen ' Community Development Department Nick Lelack, Planner 130 S. Galena St. Aspen, CO 81611 Nick. , Please accept the attached application packet for the Yellow Brick School land use. In addition I wish to inform you that Davis Horn Incorporated will be representing this application for the City and the Parks & Recreation Department. If you have any future questions please refer them to Glen Horn with Davis Horn Incorporated. Thank you for your assistance with this application. Respectfully, fr Uuukr--- Tim Anderson ' Recreation Director 130 SOUTH GALENA STRED' â€¢ ASPEN, COLORADO 81611 â€¢ PHONE 970.920.5000 â€¢ FAX 970.920.5197 ],rinted on Recycled paper ~ 1 [mes .w-v # %71 44* ponent lots shall be rezoned to the City. of Development Department, 130 S. Galena St., Commissioners of the County el P~C PUBUC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE IS HEREBY GIVEN to the general public Aspen's allord able housing/Planned Unit Aspen, CO (970) 920-5102, fredj@ci.aspen.co.us. NOTICE: That the Board of County that on July 29, 2000, the Community Development (AH/PUD) zoning district. s/Bob Btalch, Chair qualified. Board-1 have been duly elected,, ch9..4. Commissioners 01 Pitkin County, Colorado will Development Director of Pitkin County granted YES NO Aspen Planning and Zoning Commission 3. Pursuant to Section 8.1,1 of Charter al conduct a public hearing of an Ordinance at 2:00 approval for the Administrative Caretaker _ propose changes and amendments to lhe Pltk Published in The Aspen Times on July 29,2000 C.R.S. Â§3041Â·506 the Board may by retoluth p.m. on tile 9h day 01 August, at the Aspen City Dwelling Unit application for the Goodman/ POI,UNG PLACES County Charter to be submitted to the quallfle Hall Council Chambers, 130 S. Galena, Aspen, Bonini property (P70-00) located at 6458 Polling Places will be the same as for Pitkin PUBI.IC NOTiCE Colorado 81611, at which time and place all Snowniass Creek Road and described as Parcel County. These are: NOTICE OF PUBLIC HEARING PLEASE TAKE electors of Pitktn County members of the public may appear and be A: at 6458 Snowmass Creek Road and is 1,2,3- Aspen Youth Center-455 Rio Grande Place NOTICE: That the Board of County 4. The Board recognizes that it is app, heard described as Parcel A: Parcel 1. David 4- The Common House - 701 Independence Place Commissioners ol Pitkin County, Colorado will priate to amend Article V Section 5.7. as follow AN ORDINANCE OF THE BOARD OF COUNTY Christensen Property Split, according to the Plat 5- Christ Episcopal Church - 536 North Street * conduct a public hearing of a Resolution at 2:00 CURRENT LANGUAGE COMMISSIONERS, OF PITKIN COUNTY, COL, recorded May 9. 1980 in Plat Book 9 at Page 47, 6- St. Mary's Church - 533 East Main Street p.m. on the 91h day of August, at City Hall, City ARTICLE V ADWNEHAHON - , ORADO, AUTHORIZING ACCEPTING DONA- and Parcet B: a parcel 01 land situated in Section 7- First Baptist Church - 726 West Francis Council Chambers, 130 South Galena Street, 5.7 The Sheriff 22 and 23, Township 9 South, Range 86 West of 8,9- Shultz Heath & Human Services Building - TION OF EMERSON AND KNAUS ROAD EASE all ni embers of tile public may appear and be who shall have such powers, duties, and funt Aspen, Colorado 81611, at which time and place There shall be a Sherill who shall be elected an MENr AND CONSERVATION EASEMENTS the 6th PM. Parcel 1, David Christensen 0405 Castle Creek Road ORDINANCE #-, SERIES OF 2000. Property Spm, according to the Plat recorded [Msabled: Any,egistered voter with a disability COUNTY COMMISSIONERS OF PITKIN COUNTY, statutes. In addition. his department shall act a, heard: A RESOLUT]ON OF THE BOARD OF tions as set forth from time tottme in applicabl May 9,1980 in Plat Book 9 at Page 47, and Parcel and assigned to a polling place that is not acces- COLORADO SUBM]171NG TO THE ELECTORATE the County disaster agency re,ok.1 by statute RECITALS B: a parcel of land situated in Section 22 and 23, sible (identified by an asterisk *) may request AT AN ELECTION TO BE HELD NOVEMBER and the Board shall appoint theShettLer any ot 1. The Voters of Pltkin County and the Pitkin Township 9 South, Range 86 West of the 6th PM. from the county clerk at least 12 days prior to 7,2000 PROPOSED CHANGES TO THE HOME his deputies, as the disaster direclot W coordk County Commissioners established an Open This site specific development plan grants a the election a temporary change of polling place RULE CHARTER ART]CLE V BY AMENDING SEC- nator as the Board shall determine appt,~pvt,le. Space and Trails Fund for tile purposes of pre- vested property right pursuant to Title 24, to a place that is accessible to persons with dis- TIONS 5.5 In the event the Sheriff shall be named director serving and developing open space and trails Article 68, Colorado Revised Statutes, abilities. 1. The County of Pltkin in the State of Colorado or coordinator, his salary shall riot be Increased resources in Pitkin County. s/Cindy Houben 2. The 10 acres Emerson/Knaus property is pos- Community Development Director An elector ks qualified H he or she Is eighteen is a duly created political subdivlsion of the by reason thereof, but such responsibltiaes sessed of significant agricultural and habitat valties. rltkin County, Colorado (18) years of age, a citizen of the United States, State, organized and operating as a home rule shall be deemed to be Incident to the ottke 61 3. Mr. Emerson and Dr. Knaus have each offered Published in The Aspen Titnes on .lilly 29,2000 and he or she has reskled In the state of charter county pursuant to the general statutes the Shertit. All fees to be charged and colteded to donate conservation easements that will per- Colorado and City of Aspen, thirty (30) days of the State and a county home rule charter by the Shent[ shall be established from time to manently preserve the open space values on the PUBLIC NOTICE immediately preceding this election, and has C'the Charter') adopted pursuant to the time by the Board of County Commissioners 4 10-acre parcel held jointly by them. Colorado Home Rule Powers Act. PUBLIC NOTICE OF THE SUBMISSION OF PRO- registered to vote, formal resolution. 4. On June 15 the Open Space and Trails Board POSED QUESTIONS TO THE VOTERS OF THE Those electors who are otherwise fully quall- 2. The members ol the Board of County recommended that the County accept the dona- CITY OF ASPEN, COLORADO, AT THE SPECIAL fled to vote on said questions at such election, Commissioners of the County of Pitkin Cthe PROPOSED AMENDMENT tion provided that tile Open Space Director and ELECTION TO BE HELD IN THE CITY ON TUES- but who are or will be unable to appear at the Board") have been duly elected, chosen and 5.7 The Sheriff - County Attorney concur tliat the ,)rop<,sed con. DAY, AUGUST 8, 2000. PUBLIC NOTICE IS polling place on the date of the election may qualified. There shall bea Sherill who shall be elected and servation easements will protect significant open HEREBY GIVEN THAT at the special election to apply in writing or in person at the office 01 the 3. Pursuant to Section 8.1.toi Charterand C.R.S. who shall have such powers, duties, and func. space values. be held in the City of Aspen on Tuesday, County Clerk, at the Pitkin County Annex, 530 Â§30-1 1-506 the Board may by resolution propose tions as set forth from time to time In applicable 5. The County Attorney and Open Space August 8,2000, between the hours of 7 a.m. East Main, on or before August 4,2000. The changes and amendments to the Pitkin County statutes. In addition. his department shall act as Director have approved the content of the pro- and 7 p.m. there shall be submitted to the votes cast shall be recorded on voting machine Charter to be submitted to the qualified ejectors the County disaster agency required by statute, posed conservation easernents, attached as qualified, registered electors of the CIty of and said election shall be held, conducted and of Pitkin County. and the Board shall appoint the Sheriff, or 8ny 04 exhibit A. Aspen a question on the Burtingame Vinate the returns thereol shall be returned, can- 4. The Board recognizes that it Is appropriate to his deputies, as the disaster director or coordv 5. Mr. Emerson and Dr. Knaus have also agreed Affordable Housing Project Pre-annexation vassed and declared, as nearly as may be in amend Article V Sections 5.5 as follows: nator, as the Board shall determine appropriate. to quitclaim an easement to the County for Agreement. the manner prescribed by law for the general CURRENT LANGUAGE In the event the Sheriff shall be named director Prince Creek Road, which has been recognized ARTICLE V ADMINISTRATION or coordinator, his salary shall not be increased as county road since at least 1953, and which is BURLINGAME VILLAGE AFFORDABLE HOUS- election. situate on the eastern portion 01 the 10 acres ING PROJECT PREANNEXATION AGREEMENT IN WITNESS WHEREOF, the City Council has 5.5 The Clerk and Recorder by reason thereof, but such responsibilities they own. The quitclaim deed is attached as Shall the Cjty Council enter into a pre-annexa- caused this notice to be given as of this 28(h day be elected and who shall have such powers, the Sheriff. All fees to be charged and collected There shall be a Clerk and Recorder, who shall shan be deemed to be Incident to the office (,1 Exhibit B. t)on agreement with the Zoline family to jointly of July 2000, develop an affordable houhing project through Kathryn S. Koch, City Clerk time in applicable statutes. time by the Board of County Commissioners by duties, and functions as set forth from time to by the Sheriff shall be established from time to NOW THEREFORE BE IT ORDAINED by the Â· the City's land use process on a portion of the Board of County Commissioners of Pitkin city-owned Burlingame Ranch property and a Published In he Aspen Times July 29,2000 PROPOSED AMENDMENT formal resolution. County, Colorado, that Pltln County accepts portion of the Zoline Ranch? 5.5 The Clerk and Recorder 5.7.1 The Sheriff shall not be limited in the num- the attached road easement and the conserva- The full text of the proposed pre-annexation PUBLIC NOTICE There shall be a Clerk and Recorder, who shall ber of consecutive terms that may be served. tion easements. The chair Is authorized to exe- agreement is available for public inspection in NOTICE TO CREDITORS be elected and who shall have such powers, NOW THEREFORE BE IT RESOLVED BY cute the road easement and the Conservation the City Clerk's Office during regular business Estate of MICHAEL A CONViSER, Deceased duties, and functions as set forth from time to THE BOARD OF COUNTY COMMISSIONERS OF Easements in substantially the forms as office hours. Case No. 00 PR 28 time in applicable statutes. PITKIN COUNTY, COLORADO, that the following attached hereto, and such other documents as may be necessary to complete the donation The key provisions of the proposed pre-annex- All persons having claims against the above- 5.5.1 The Clerk and Recorder shall not. be limit- proposed amendments to the Charter be sub- after approval of the torm of such other docu- ation agreement are as follows: named estate are required to present them to ed in the number of consecutive terms that may mitted to the qualified electors of Pitkin County lents by the Open Space Director and County * At least 20 acres of the Zoline Ranch will be the personal representative or to the District be served. pursuant to Section 8.1.1 of tls Charter and Attorney's office. The road easement shall be conveyed to the City; Court 01 Pitkin County, Colorado on or before NOW THEREFORE BE IT RESOLVED BY C.R.S. Â§30-11-506, as a ballot question. recorded prior to recordation of the conserva- * The City will construct tip to 225 affordable 11/21/00, or the claims may be forever barred. THE BOARD OF COUNTY COMMISSIONERS OF TERM LIMIT AMENDMENT TO HOME RULE PITKIN COUNTY, COLORADO. that the following CHARTER SHAU â„¢E HOME RULE CHARTER housing units on the land conveyed to the City Barbara Conviser tion easements. and upon an adiacent 5 acre portion ot the city- RO. Box il proposed amendments to the Charter be sub- BE AMENDED TO ALLOW â„¢E SHERIFF 10 INTRODUCED, FIRST READ AND SET FOR PUB- ~wned Burtingame Ranch: Aspen, CO 81612 mitted to the qualified electors of Pltkin County SERVE AN UNUMnED NUMBER OF COANECU pursuant to Section 8.1.1 of its Charter and TIVE TERMS IN OFACE7 LlC HEARING AT THE MEETING ON THE 27th Approximately 170 acres of the 219 acre pro- (Name and address of personal C.R.S. Â§30-11-506, as a ballot question. Copies of the entire Resolution are avail- DAY OF July 2000. NOTICE OF PUBLIC HEARING ject shall have a perpetual conservation easeÂ· representative.) TERM LIMIT AMENDMENT TO HOME RULE able lor public Inspection at the Clerk and PUBLISHED IN THE ASPEN TIMES WEEKEND EDI- ment placed upon It; Published in The Aspen Times July 22, July 29, CHARTER Recorder's Office, Jeanette Jones at 530 East Â· TION ON THE 29th DAY OF July, 2000. * The Zoline family will process a land use appl'~ August 5, 2000. (70153) APPROVED AND ADOPTED AFTER SECOND cation to develop up to 12 new free market unital-/ AMENDED TO ALLOW THE CLERK & mar business hours. SHALL THE HOME RULE CHARTER BE Main Street, Aspen, Colorado 8161'1, during reg- PUBLIC NOTICE READING AND PUBLIC HEARING ON THE 9th maintain the existing 4 ranch compound'h~ 1006 EAST COOPER AVENUE>- LANDMARK RECORDER TO SERVE AN UNUMrrED NUM- Published In The Aspen Times on July 29,2000 DAY OF August 2000. PUBLISHED AFTER ADOP- dents, and develop a cabin on the fathering par-,0 DESIGNATION- NOTICE IS HEREBY GIVEN that a BER OF CONSECUTIVE TERMS IN OFACE? 1 TIC)N IN THE ASPEN TIMES WEEKEND EDITION. cel of the Zofine Ranch; ATrFST: BOARD OF COUNTY COMMISSIONERS * The allowable floor areas for the free market 14, 2000, at a meeting to begin at 5:00 p.m. public inspection at the Clerk and Recorder'dV PUBLIC NOTICE 1 'public hearing will be held on Monday, August Copies of the entire Resolution are available for i OF PITKIN COUNTY, COLORADO units shall be limited to 7,500 square feet each before the Aspen City Council, Council Office, Jeanette Jones, at 530 East Main Street, -W YELLOW BRICK SCHOOL CONCEPTUAL/ By Shellie Roy, Chair with an opportunity to Increase the size up to Chambers, City Hall, 130 S. Galena St., Aspen, to Aspen, Colorado 8161 1, during regular busl- ' F~AL PLANNED UNIT DEVELOPMENI GMQS By Jeanette Jones, Deputy Clerk and Recorder APPROVED AS TO FORM: MANAGER APPROVAL 10,000 square feet with the purchase of a Pitkin consider an application submitted by David nens hours. EXEMPTION, REZONING TO PUBUC, AND LAND Deborah Quinn, Assistant County Attorney 911-nty Transferable Development Right Bluefield Pearlstein requesting landmark deslg- Published in The Aspen Times on July 29,2000 . USE CODE AMENDMENTS TO SECnON Suzanne Konchan,County Manager (] DR's): nation approval for 1006 E. Cooper Avenue. The 26.710250, PUBUC ZONE DISTRICT- RECOMMENDED FOR ADOPTION: * Each free market unit shall construct an acces- property is described a Lots L and the west 10 PUBLIC NOTICE NollCE IS HEREBY GIVEN that a publk hearing t Dale Will, Director sory dwelling unit unless the owner purchases a feet of Lot M, Block 34, CIty and Townsite of NOTICE OF PUBLIC HEARING PLEASE ,1*la wilb,be held,onmle,dayrAug,lite~57'2000-ab.,*u Open Space and Trails Pman County Transferable Development Right, Aspen. NOTICE: That the BeardÂ£*Metotthty"44 Copies of the ent#re Resolution are available * U Transfdrable Development Rights are not'' For further Information. contact Amy Glithrfe''Ar'- 0 Comintssitifilt, hi Pitkin Uounty. Ca,Brado t.4,1 -9--meating-to-begbn a#-4,30 P.M. before the Aspen.- for public inspection at the Clerk and avaHable, a cash payment equal to the value of a the Aspen/ Pitkin Community Development conduct a public hearing of a Resolution at 2:00 ' Plahning and Zoning Commission. Sister Cttles Recorder's Office, Jeanette Jones, or the Open TDR will be permitted to be made to the Housing Department, 130 S. Galena St., Aspen, CO, (970) p.m. on the 9th day of August at City Hall, City Meeting Room, City Hall 130 South Galena, 920-5096, amyg@ci.aspen.co.us. Council Chambers 130 South Galena Street, Aspen, to consider an application submitted by Spade and Trails Office at 530 East Main Street. Authority; s/Rachel Richards. Mayor Aspen, Colorado 81611, at which time and place the City of Aspen Parks and Recreation Aspen, Colorado 81611, during regular bus[- * The entire Zoilne Ranch shall be annexed into ness hours. the boundaries of the City of Aspen: Aspen City Council all members of the public may appear and be Department requestlnH linal approval tor 1) a Published in The Aspen Times on July 29,2000. * The affordable housing and fr- market co< ~ Plibliched 1,1 The Aspen Thnes on July 29.2000 heard: Planned Unit Development, 2) a GMQS A RESOLUTION OF TPIE BOARD OF COUNTY Exemption tor an essential public facility, 3) to . PUBLIC NOTICE COMMISSIONERS OF PITKIN COUNTY, COL- rezone the property to the Public Zone District, PUBUC NOTICE ~RE: 610 E. HYMAN SPECIAL REVIEW FOR VARI- ORADO SUBMIrrING TO THE ELECTORATE AT 4) to amend section 26.710.250 01 the Land Use 4'ANCE OF THE SIZE OF A TRASH- Ul'ILITY AREA AN ELECTION TO HE HELD NOVEMBER 7,2000 Code to 3 addlt'lonal permitted uses tri the NOTICE IS HEREBY GIVEN that a public hearing PROPOSED CHANGES TO THE HOME RULE Public Zone District and to change the purpose REQUEST FOR PROPOSALS will be held on Tuesday, August 15, 2000 at a CHARTER ARTICLE V BY AMENDING SEC- 01 the Zone District. The property is located at meeting to begin at 4:30 p.m. before the Aspen TION 5.7 215 N. Garmlsch St, and is commonly known as THE ROARING FORK TRANSIT AGENCY (HEREINAFTER SOMETIMES REFERRED Planning and Zoning Commission, Sister Cities 1. The County o[ Pilkln In the State of the Yellow Brick School. TO AS "RFTA-) REQUESTS SUBMISSION OF PROPOSALS FROM INDIVIDUALS Room, City Hall, 130 S. Calena St., Aspen, to con- Colorado is a duly created political subdivision For further Information contact Fred Jarman at AND/OR FIRMS INTERESESTED IN PROVIDING INSTALLATION, STOCKING AND sider an application submitted by Charles of the State, organized and operating as a home the Aspen/ Pitkin Community Development MAINTENANCE OF VENDING MACHINES AT THE RUBEY PARK TRANSIT Cunniffe Architects, requesting a varlance from rule charter county pursuant to the general Department, 130 South Galena St., Aspen, CO CENTER, ASPEN BUS MAINTENANCE FACILITY AND THE CARBONDALE BUS the required size of a trash-utility area. The statutes of the State and a county home rule (970) 920-5102. MAINTENANCE FACILITY property is located at 610 E. Hyman Ave., and Is charter Cthe CharterD adopted pursuant to the S/Bob Blaich, Chair descrjbed as Lot M, Block 99, City and Townsite Colorado Home Rule Powers Act. Aspen Planning and Zoning Commission of Aspen. For further information, contact Fred 2. The members of the Board oi County Published In The Aspen Times on July 29,2000 Pursuant to the RFTA Procurement Guidelines, asset folth in RETA's Purchasing Manual Jarman at the Aspent Fltkin Community and the Pitkin County Procurement Code, (Section 8.5 of the Pitkin County Home Rule Chafter), sealed proposals endorsed 'RFTA Vending Concession" will be received by the PUBLIC NOTICE Roar'ing Fork Transit Agency. 0051 Service Center Road, Aspen, Colorado, 81611 until 2:00 p.m., August 10, 2000 at which time they will be publicly opened and read. Any CONCERNING THE ABANDONMENT LIST OF) ABANDONMENT LIST proposal received thereafter will not be considered for award and will be returned to bidder unopened. WATER RIGHTS IN PITKIN COUNTY) The proposal shall include a Development Plan for the installation, stocking and Notice is hereby given that pursuant to Section 37-92-401, C R.S (1973 1989 Supp.) the Division Engineer for maintenance of vending machines at the Rubey Park Transit Center and Bus Maintenance Facilities in Aspen and Carbondale that will include: Water Division No. 5, in consultation with the State Engineer, has developed an abandonment list which contains those water rights that the Division Engineer has determined to have been abandoned in whole or in part. The 1. Installation schedule; 2. Number and type (i.e. pop/candy) of machines to be installed; and abandonment list, when concluded by judgment and decree, shall be conclusive as to the water rights 3. Terms and conditions of proposed agreement. determined to have been abandoned. Instructions for submitting proposals and complete specifications for the equipment, The abandonment list is printed below and also may be inspected after July 1,2000, in the offices of the State supplies, or services deÂ§Ired may be obtained at the Roaring Fork Transit Agency during regular office hours. Any correspondence, questions or requests for information should Engineer, the Division Engineer, each Water Commissioner, and the Clerk of the Water Court at any time be directed to General Manager, Roaring Fork Transit Agency, 0051 Service Center Road, Aspen, Colorado 81611, telephone: (970) 920 1905. during regular office hours. The Division Engineer will furnish or mail a copy of the Water Division All proposals are expressly subject to applicable requirements of Federal, state and local abandonment list to anyone requesting one upon payment ofa fee often dollars ($10) governments, the Roaring Fork Transit Agency Purchasing Manual and the Pitkin County Procurement Code. Any person who wishes to protest the inclusion of any water rights on the abandonment list shall file a written protest with the Division Engineer in accordance with the procedures of Section 37-92-401 (3), C.R.S. 0989 Issuance of this Request for Proposals does not commit RFTA to award any Contract, to pay any costs incurred in preparation of a pnoposal pursuant to this request or to procure Supp ). Protests must be filed no later than July 1,2001. The fee for filing such a protest shall be ten dollars or contract for services or supplies. RFTA reserves the right to reject any and all proposals and to re-advertise ($ 10), except that no fee shall be required for any such filing to correct any clerical error. As an equal opportunity/affirmative action employer, RFTA prohibits discrimination on the Division Engineer Abandonment List basis of race, color, sex, age, religion, marital status, national origin, being handicapped, Structure Name Source Stream Decreed Aband Rerr a disadvantaged person, or a disabled or Viet Nam era veteran in all terms and conditions Amount Amount /' of contracting. BARRIALLIER DlTCH ROARING FORK RIVER 5.330 53y DisadvantagedANomen (DBE/WBE) business enterprises shall have the maximum practicable opportunity to participate in 1his project. BILL CREEK DITCH CRYSTAL RIVER 1 500 ' oflicer, member, or employee of RFTA, and no members of Ms govern'â€¢lg body, and CROSBY DITCH NO 1 CASTLE CREEK 1.000 00er public official or empbyee ot the governing bodies of the constituent CROSBY DITCHNO 2 CASTLE CREEK } w..,emments 01 RFTA, (for governing bodies, only as to contracts performed within the locality of such governing body), during his or her tenure or for one year thereafter, shall FRANK CEIUSE DITCH NO 1 ROARING FORK RIVER have any interest, direct or indirect, in this solicitation or any contract executed subsequently, or the proceeds thereof. HIGHLAND OWL SPG AND D CASTLE CREEK JOSEPH MAUTZ DITCH NO 2 ROARING FORK R]VER General Manager Roaring Fork Transrt Agency MADDALONE DITCH CASTLE CREEK f Published h the Aspen Tlmes on July 28" and August 4" PERHAM DITCH THOMPSON CPr- Billi Rearing Fork Traait Agency SYPHON DITCH CRYSTAL P 0051 Service Center Drive TABOR DITCH CASTLr - Aspen. CO 81611 Published in The Aspen Times on July 29,2000 ------............................ Ptooâ‚¬ 2 kkitoe â‚¬kir Ipâ‚¬4<Â·E wook Heavt M 5 MEMORANDUM TO: Fred Jarman, Planner 40 FROM: Sarah Oates, Zoning Officer RE: Yellow Brick School Rezoning and Planned Unit Development (PUD); Code Amendment regarding the Public (PUD) Zone District DATE: June 27,2000 The applicant is proposing the rezone the Yellow Brick from R-6 to Public (PUB). This rezoning, with the proposed code amendment regarding the permitted uses in PUB, will eliminate the non-conforming uses that currently exist in the building. The applicant is proposing the dimensional requirements outlined on page 9 of the application package submitted by Davis Horn. The basketball hoop and any proposed seating encroach into the proposed front yard setback of 20' on the east side of the lot. Also, the playground equipment on the west side ofthe lot encroaches into the front yard setback, and may possibly encroach into the side yard setback. Development greater than 30" above or below finished grade is prohibited in setbacks. The applicant has not submitted a site plan delineating the public right-of-way from the lot so staff was unable to determine how large of an encroachment exists. The PUD overlay allows the applicant to vary the setbacks to accommodate the basketball court and playground equipment. All setbacks, heights and FAR calculations will be verified when working drawings are submitted to the Building Department for building permit review. The drawings included in the application packet do not contain adequate detail for this level of review. E 5 jo 5.. 1; u:.3 'NA. 0 r- , LA#. 0 41414 -Ar Fit U 0-4, 4 104 r R Â£4.,44 3%*414 Mt ;Stv v L NA 1' 4 ul "11 60. Al, '. 7 C (34 6-). C: th 1, 301Â·4.- 4 44 l TÂ·-1 :-3 -1 L Tut -,-11,*rdif,j - l ;16*< 44~ 'Lt 1 8 <JiltÂ· 44 Af u-4 'f'Â·~ 60-,4 7-4 4 64 #4 k.' 4 4 fisÂ· *474, A . ,VÂ·cj p .A 41- Â£0-4 4,Â·74 * (iii000 .3,1.-1, 4 Wit 4 + W 43' * C vi 4 06 v; 4 Â£ 5-ate /7 64 01" j .t,- *Al 04'lw- 4)*) 6 & 2..'~J...4?. p B,Â¥4 -3 44 42 -6 Â§ Al 1 ~1 L Â£/ J.J.~Al.U f\,1, f.4.Â¥ 4 52.ft-urr~ - 1 - < 0,0 4,0 944 NA lu/ - 2. . .ff Â¥1,76,0 4, /1,â€¢Â·1- A..4 L,114Â¢*4 F'Â°* A.'l:kl ; * jâ‚¬yl 9 ~r 4/1 - t#49. Â¥ ort 15 h , 11 . + A.* 744 - b....1 . @ poble j 4- 12- 4,-Â·..Â·,2 4 8 1 6(14 5-3 1, 6.1 044) . 9,7 U /2,91 ' f l ~~ AW~r44*'1 / C A 4 21 & D u O A--dâ€¢4 . j Â¥ 7 JELIU 1.- A.-f 4 4, d 4. u. u>i ?) + AG 940â€ž, 92Â¥. , D A-- 4,0 A j . UIL// A P -8 2/,Â» 0 2,1. . ; Â·Â· .-Â· 3*f:Â·0.~ilr: 9* Â·' m*VA. - . â€¢,4,â€¢Â· Â·.01â€¢'Â· -,4+ *â€¢Â· Â·Â·' - Â·.'llÂ·Â· Â· '-'Â· ' 4,Â·t 'BR , i Â·Â· Â· . t:..1>t..9.-%1.tit â‚¬.'~1Â·.07*Â·. ref ' =f .. 4.1â‚¬Â£ - =ir:..~- 326% 44%69;1~. 4%*.t.6:~-6~"~ THEnA*N Tillit .....4 â€žt ., -::*A. .ts.Â«.:b;~~ ~.2#4* 234 .~ 1 PE# 16730 0'--~ ~4* 2.4 -3jip.-*â‚¬'F: - ~ 12/3 1. /99 'fit ACCOUNT NUMBER . f NUMBER :Â¥ 4144: DATE'Pm i , 44 Page: 6 .. *A PitkiÂ·n. County Â·.Finanke (LEGAL) , , FOTAL DUEÂ· 51:6Â· 397.26 ... V ...... 530 E. Main Street, Suite 201 Aspen, CO 81611 AMOUN'[* UP PAYFIEN [ . elea'se writ..3 Â·account: number on rlrry DETACH THIS PORTION AND RETURN WITH REMITTANCE DATE , DESCRIPTION REFFERENCE # UNITS Â· COST A M O 1.1 N I I. . Â¢ 1 612/LO/99 ,-5900 AdopRes, 99 19- Roth L Iii>siertion($) 9 '49 0 b m r i Â·Â·i .3 3 Start: 12/10/99 Stop: 12/1.0,/99 7* AdopRes 99-195 Roth , . I . -2/10/99 55902 AdopRes 99 1.96 Jelinek I 113'geri-jol)(s) 12 /i Legal '. 21 J Stup. 12/10/99 a I.Â·C.11 1.- . /lo/99 LZ- ,-7 / ' , AdopRes 99-196 Jelinek 12/10/99 55903 MPH Res Upchurch L Insartion(s) 1/.til Legal ., e. -' -1,~ po#002.02 4.Â· , .I, Start: 12/LO/99 Stop: 12/f0/99 28 4 NPH Res Upcnurch -<2/1'0/99 55906 Dear'ham"er Rezone . 7 3 Leoal pn *,0,07 09 ...1... .. - . obart: 12/10/99 Stop : L 2/10/99 ~ ~~~ 1 . Insertion(S) 1. O I C.-~ L . 6 tÂ©*k .. Dearhamer RezorteÂ· 'Â·-' . 12/10/99 55907 Mckerrow 104L L Insertion (s ) 21,. 29 Leoal . .Â· PONQ02.02 Starts 12/10/99 Stop: 12/10/99 Mckerrow 1.041 ,. BALANCE CURRENT OVER.Â·30 kâ‚¬tÂ· . dOVER-60,-9'1?IYE'OVER 90 C..3 t < 7 07 4 6 Tty 1 77 -7/ + 1 1 c o t; 8 -' ~ 4,8 hn - ' Â· '- n nn e.. 2 '' 11. 1 - Totai balance due at The Aspen Times office by the last day of tile 111(3111:It. ' yO'Utstanding balances will be assessed a 1.5% monthly service charge , , with a $ .50 minj.rouin. i 4 . 3 *474 (. 6600 49 OV/5 l D 0 4LN % C.ru 11 4- ': W. 4 8,3 RA / D Â¥9 k -1-0- A,rf#,4 9'0"Di; L - p vb (lvfj- p v~ W#l&3 -Â¥ 5-tl! X P u B pub - 5 J-4.6 k [2.- 14.S - 141 ' 2,Â·. ]At,+01 -jk K.,1. " 4L v#icÂ» L.W 9 6. in. 6A.~)~ f 4 6,1-1 141-4 0 -tiv Pnpu-h 4 AL-J .0 - 13 ..1 6444Â«, Cebr ') l 34 U' 1- 3 8 -J + Pfi- C,,4,- , 1 - 4- Â»--, 4 1>*7 C.-- tln OÂ» l /4 1 - l,P 4 5,- 1 Â«w. K 4/0/ 4 Af . 'A *V 6 1,54.2- --j 1 1 7 _. . .. ,/1 10 . 29 1.. 310 E Main - Aspen, CO 81611~ (970) 925-3414 liE ASPEN-TIMES . h.:' P 6 7- ' 1%*442. ..44 ~ . W**~-Ph;Em .001:3:tiÂ¥*'--1.44'.6:ki i: 916 -33':- retti#,*c~ 19;29*19:. .- 1 ACCOUNT NUMBER 31:<NUMBER, + 'tii>#AÂ« DATE'1Â¢1%*'p- Pager 5 Pitkin County Finance (LEGAL) ./ rOTAL DUE: $6:397.26 530 E. Main Street, Suite 201 Aspen, CO 81611 I r A 1401.JtÂ·1 1 OF- P A Ylvl till f : .. .. Please write accot.inf. nurithei mi clvaNÂ·' DETACH THIS PORTION AND REIURN WITH REMITTANCE . DATE DESCRIPTION REFFERENCE # UNITS COST AMOUN I /12/03/99 55509 MPH Ord LUC 1 Insertion(s) 259.55 , : L,egal, , PO#001[4 Start: 12Â»/99 Stop: '12/3/99' 6, . NPH Ord LUC 12/04/99 Payment-Thank You [47148 900 22 7 %.0.00 5,669./di 5~. 2/ to/99 5589 ?F MPH Ord Ext Norf torium 1 Insartion(sh.' 11.71 Legal 9 Al P0400 l 14 Start: 12/10/99 Stop: 12/10/99 . .... i NPI-1 Ord Ext Moratorium .. L2/10/99 55896 APH Ofd Droste CE . 33.0& ARgal ?tath: 12/10/99 St..op: 1.2/10/99 NPIH Or-d Droste CE -' -X 241 3- - -172/10/99 55897 911 Mtg Dec La L inseition( s ) 8.63 Legal APCETSA Start: 12/1Â·0/99 St<op: 12,/.1.0/99 ,(f . ' 41 1 Pl tg Dde 16 '' 12/10/99 55898 AdopRes 99-194 CCP104L 1 Insertion(s) i.i'.69 Legal 41 , JJ Start: 12/10/99 Stop: 12/10/99 AdopRes 99-194 CCP1041 G BALANCE 91 CURRENT : OVER 30 :cr .... . OVER. 6013$41 '.:,- 4.~OVER 90 -:. ,.. 1/6,3~" 26 IC,137.75 %1,__,--- r. . . - .= A ,% A Total balance due at The Aspen Times office by the last day of the month Outstanding balances will be assessed a 1.5% monthly service charge with a $ .50 minimum. . * 1 1- 244*3 R.-6 4, pud- pub 2'4401 S 2- rug 6 R 9.,3 3 - 4-Â·,u..6 -4 pUB C.41 1 - 1 - 7>AD. 4 7 :-4 4 04:l J.Â·42 u.4,~.,6,~42 -, C l '1 U/0 - /94 & 0'1 1''D 2, c" 5# 14 1 -4.v 4 4 - 414-U. ~ 1- '#1.Â·41,4-,44 .....1 4 k.â€ž 4 C bA.,lis) - C .7.-4 v.,1 U ...4- 4 32*&4444 P 44 11. w*,4, 1/â€žv :' J k-J . 4 5.\0 B\â€¢Aâ€¢-. -4/ t, 4- -9. 4.,44 - l f -1, ve :4*Li -----1 Â©o.,A,i -*v4- -4 f 'L. 014 ..1, 4 A. l.. (41 17 ./L vi k 3.94. n \, k P ~AJ 6 aa, 98 Â»Â«M f - re)* Â·11Â»l Ws. fifie~ Lpwi 1/,1/ ?j .1- -14 2.--1 + ru Â·*Â·4â€¢- r,6 - 61 biv/.lo. \-- r 4-411 6, * 14' . _ 3, ooD V. A Â· - i 14# 7 Aol - 43 7 A,cr - 1,5 3 45 4441/ -1.) ~ G + 1 8 00 - NO -/ 5 4- -19 1 4 *fl r (ky, - 1,4 11*s -1 0 84.48 -p v le- 1 ..7/:I-,-; ' 49 Â· . 310 EMain . Aspen, CO 8161 = (970) 925-3414 ..:F ./ I +W *A+*.&d*- *%2#*-.i--&- THE ASPEN TIM Â£3 ' - :16730, KIi.Ji:: *202...fr'Et- -fi,fi#1*f74% wr ACCOUNT NUMBER *NUMBER 90 3420*DATE*04>; Page>* 1 Pitkin County Finance (LEGAL) TOTAL DUE: $6.397.26 530 E. MaÂ·in StreetrÂ· Suite 201 Aspen, CO 81611 I V'.- r . AMOUIÂ·IF OF. PAYMEN[: . ilease write account number on chectÂ·' . I . DETACH THIS PORTION AND RETURN WITH REMITTANCE DATE . DESCRIPTION . . REFEERENCE # .UNITS COST AMOI.1141- ~12/03/99 55498 HPIÂ·l Ord:Al-Â·IP/PUD F,tl uÂ·. ..1 Insertion(s) 375.47 Legal PO#002.02 Start: 12/3/99 Stop: 17/3/90 NPH Opd AAP;/PUD ptl ' "4 .. ~1.2/03/99 55491 NPH Ord ANY,/AID Pt2 :...... . 1 L Insertion(s) 373.4/ Legal u , 002002.07 Start: 12/3/99 Stop: 12/3199 NPH Ord AMP/PUD Pt2 12/03/99 55501 NPH Ord AHIÂ·)/PUD .Pt.3Â· , I insertion(s) * [62.3/ t. c s Legal . PO#002.02 Start: 12/3/99 Stop: 12/3/99 NPH Ord AHP/PUD Pt3 I I 3X *112/.03/99 55pp,4 AdopRes 99-193 TCI L Insertion(s) 1.4.75 Legal' 4 6 > . ', .[?0 Woo i 1.4 Start: 12/3/99 Stop: l2/3/99 . Â£ f. . ., AdopRes 99Â·-193 [CI 123< 1.2/03/99 55508 x Adopord 99 -51 Droste - 6141\ 1. insertion(s) 89 21 Legal ,~ Â· P0100114 Start: 12/3/99 Stop: 12/3/99 x AdopOrd 99-51 Droste . 1 - . t Total balance due at The Aspen Times office by the' Â·Past day of the Month.. , Outstanding balances will be assessed a 1.5% month'l'y service rharge with a $ .50 minimum. 9. . 4. 4, 1 2.A 2 ip'.4 .1,%,1 /.*-AP #A- ~a.- -4 r<-U.W.u.va 6. C. : j -f- f >-sv f Â» 4/r < 1411 4-.>%, 4 5- .4 Â·7- 4-0 00 2,7'-4 - A p A) L.t<L,_1 F:44 # 41- D- 8 . 4140*471 . t ~ 2 TiE ASPEN TIMES Aspen, CO 816. . - (970) 925-3414 .....w : -'Â·5 . Â·-,40Â·-D,~~i 44:if#.,t *,ete~4- -,~~r-Â·Â·Â·=e Â·Â· J .al-'Â·-41*'44Â·. 95*6~&42.LiUÂ·-I I," -4' *,9,~*0 ,..flt***0 *.Â·:Â·-3:;72..,-S:2Â·.2 16730 '- - ; :-0 :-1 ~ '12/31 /99 '3')1 ACCOUNT NUMBER NUMBERÂ· , ' 42*Â·Â· DATE Ate< . I. .. I Page: 4.1 *1~13'00-13/l30Alrwnelnloo : 2. Pitkin County findnce (LEGAL COFAL DUE: $6,397.26 Nn; 1 1- 9: , 2- 530 E. Main Street, Suite 201 Aspen, CO 81611 0007 6 0 NTT Al I t-I 1.1 1.1 1 PAYMEHI: OBAI308=8 -7.ease wi- i Le ancolli, t run:14,Â·7Â·i nii rlÂ·imr! DETACH THIS PORTION AND RETURN WITH REMITTANCE DATE DESCRIPTION REFFERENCE # UNITS COST Arlul.)141 12/01/99 Beginning Balance -7 A ,/- n C r D~2/03/99 55357 WIz)1Â·I Ord BleigRags 1-1 1.. 1. I Insertion(s) 375.4/ PO N 002.07 Stait: 12/3/99 S top: L 2/3/99 MPH Ord BldgRegs Ptl , -l2/03,/99 '15.558 MPH Did Bldg Regs Pt.2 i Linbai l.Ju'lls) Legal PO #002.02 Shirts [2/3/99 Stop: [2/3/99 1 MPH Ord Bldgmegs PKE ~ 55359 MPH Ord BldgRegs 12'113 L Inseition(s) 6/6.4/ 1.,3 931 : PON OOP. 0 2 Shart.: 12/3/99 Stop. [2/3/99 ~ MPH Ord BldgRegs Ptl ~1.2/03/99 55360 MPH Ord BldgIRegs Pt4 i 1. InserLion(s) 3/3.4/ Legal 1 Po#002.02 Start: 12/3/99 Stop: 12/3/99 MPH Ord BldgRegs -Pt4 ./1 , \ L2/03/99 55361 MPH Ord Bldgnegs Pt 5 \ L Insertion(s) 400./7 Legal ' pow002.02 Start: 12/3/99 Stop: 12/3/99 il#>, ZO~%3-5987'Er%-PF}~)VAL atel#En JAN 0 6 2000 I flaot Augue.1- IFTURN 70 CINANCE .: 2 ::.95"31, 34#E,5*cile.E, 1 - 4 BALANCE-- CURRENT OVER 30 ,;. . OVER -60,~-E,--~,t~*--1,2,~,<~~,~4~,,~~,1~,~:7~9~, 1 -- - 1 r- -+A A- - rotal balance due at The Aspen Times office by the last day of the month. Outstanding balances will be assessed a 1.5% monthly service charge . with a $ .50 minimum. ./'. , , 7 ?730 -)2 C4.u 4 44- Â·U-9 U. 4 .L-- 1 - 47 Nit -Â»/ 04 4 1,1, Fropr,4 Hip (/%, 82 9 421.1,1,i.*l _W>#9 -t, 9 -( jw - U b . + 66 4 Uv -7 Â¢ 7 4 4 4 4.0 1 C., 04 4 Vfj A pak . - t# 4 ~Jp/ lc.tÂ«\ A ----L *pl,A /, /2.-6.-3 L-1. 0.4 3 U 4 4 \W r--+1 0 CÂ»U v.-' h ~/4- 7 Ng-,4 c.7 46 4 ps= *. 4 8.-~ trrÂ· 9 4- -4*44/,1. J~ 1 1 6091 1 4 ay- P=VD LiI 3 4 y,0,4+ 7 ir-/ 7 AL J 34 < - 7Ht ./. > 3 %4Â«3 + 7 ~> L Â·C' 4- ,-1 ' L. N bL,Vi ef 11/30/99 16:29 FAX 21 01 f , =L MAGAZINE t . .. .â€¢t' t. DATE: \\136 AITENTION: 69 4 n .... - FAX NUMBER: 9/0 - 3 439 .. I -t 4 9. I FROM: *oot.A. , I .2- ... I PHONE NUMBER: (970) 920-4040 . .. 4 -' ... .. FAX NUMBER: (970) 920-4044 .. D . I PAGES TO FOLLOW: I IJAL' VOJ (8 0,#AJOU'.1.L G- h.(,Ni vuL' 0 '- 9 Â¢~-tlt.4.- , 4 - , - .' J P , .. 1 4 . Phone: 970.920.4040 ~x:.970.920.4044 e-mailt aspenmag@rofner mail' Box G-3 Aspen, Colorado 81412 o#ice: 720 E. Duran c Aspen, Colorado 81611 f\. f j hn od/5 , i k 1 -19 + kl 1 1 /f. 1 p 64(4 649 : -12 -t ft W.,wuj<. \1. C - j, -2A<13 9 11~Â·An' Jr U, 4 19..441 -b flft 1 440 1- P f. 1>20 - 1 ri 1 %2 1&- 2 do 1 M A}ji 10 - ?Wkwt --k 4*5 j -4 /41,01 OUD 1~32) 1 f LS <0 4 4,1~ .ry**7* A *p r L~*1 2 l-,64.4 4 28 A-7 -01 Â» f 6. 9 94 k VI 20 City Of Aspen Phone: 920-5102 Community Development If ., , Fax , t . To: Becca Shickling From: Lynn Hoffman x5102 4 1. .. 1 Fax: 920-5128 Pages: 2 Phone: 920-5126 Date: 12/01/99 Re: AACP - Future Land Use Map CC: . . U Urgent O For Review Il Please Comment Il Please Reply U Please Recycle â€¢ Comments: Attached is a copy of the conceptual criteria used to develop the future land' use map. We thought it would be good for you to have it for your next meeting regarding the Parks, Open Space, and Trails. Also, Julie Ann wants to know if you all want to use viewsheds as a criteria for the map. Thanks, Lynn . I %.4 . -- . 4 .. .. - .5. 4 ./ I. A , v Ok- - l9.7 4 * 4 L.V.1 0 41 4%644 7,4 *.- 44 195% Up RA Lâ‚¬ 3 4 Â»-09 ' 74 -gr ~ / *47 4-/7 64 /5,9,4 4 74 0 -* * 27 6,1.,.0, 4,2. f >L - 2 6-â‚¬4/ 4,44 .4 7- -)r 1 1 l-4 --7 -4- A- n 1-1 Avor-~ + F a P 4-V 45 0:/0*t#. 1. ~15 M'vIL - 6~44- - : + Lit P )40-2 7 C~f 3 -41 Â£23,-jiez) 4, c ~43*- Ct. J .3 T 4-* 11 - 15+ g-'Al 0- A tkiÂ·v ~ Â£444 } vSes 1 4 *,0.13 -A- A /47 a NEW ACTION ITEMS â€¢ Policies for rings of development â€¢ Develop a joint review process for areas within the UGB .. â€¢ Evaluate parking standards for affo rdable housing and infill development that can be tied into r' design and management alternatives . 9#W b'\A~5 fQÂ»ves kfÂ» to DiVW.,00â‚¬ %.* ' Utir,D ANil-r*4121.A \9+L./E- 1-0 U.22>0 I , 1 , . '%. .:. Â§.nodk Aw 4 44~ 0 4 0 i *vav * .0 6, p 4 + 0 0-6 Intergovernmental Agreement/Rezoning There 48%11*IM}MIBBriBW*UsDWhq?AE&1!fbf,8?,R*al?atiWPA&\1&@HWIR,FOAWBUREE thetelt â‚¬Yij?4?eHQEMÂ¥Eivt38116~%99RH*VIEEJaW#~88WUfm@VWBWEd}6*9Mb8{i{HAFPpIM orderitdig;fa@W?R@ 6%2841#Â®AR ?AER&851@*m@BE H,th?B~dI?316298Â¥88Â·98*Widmill Br 28%1?*&#aftÂ¥Mgo#JaindiaÂ¥&6Â£~22!811*2#kiÂ¥69!AMBRIE@a ?06&80Inimae?Reati. PPAStdxÂ°2828Â·]6498&#88Â°Â· TIT lT,DEITART.A n d loul lo Cut, u& -447* Pll@lrd#&24*0081tirE[1011%81]022111112!0!Ind 196RV#MAR#f PPE~AE-TWRififBi*Wgi F&81~8*ai{AU?kiNERHIFNMFPR#hyÂ»88142 artke Â§12,WaISIAII@ XOÂ£1~01#!62j#22Â® 8@WjhWRWArt@WdiamaflimplifiwoRWRAPÂ¥611?jfs&8~0~241. u Uty. Â·Une m downzoning outside of the UGB and how that might impact property values. It was al00 added that Dossible incJMRges ER#AS?RcF#Â¥*e~I6%'MWVillilli*'PRafr#1%128816?819~ip,%01*ng 10 ' regardi 2Â°AlFWt?d.InAW/sidly#ilim f?#2982fdUBWÂ¥#Â°diNRMO*1&1 ER@ Rbiffify@ti o41 3.[[Hquu@ amu osn pireI Bullsix@ ut oulAUUMUIDOOB SABIJOAO 0121 10013 Jo sopos E Transferable Dez elanment ~ights *010 'goeds uodo 'Suisnoq @TOEDJOIIB ) 0&11 IO CLA It Wag agfeed that sdidi~?ilar Riddfe'MwisgAR#&2:~JMT#~8!*"dARIi!40dRId?310m&Itt of a :DOJISOD @ITSEULIDI MIZIMOT, Â· UI SdEUI TE receivershiD Drotztam bellevellopeaÂ·jas ls Qu,f~*2111196'cie ommunitv Yj#VJIBMnWil~Vourfp~#69?In SlI DUU1 ~Fupmrt:R*IOTOADD. SUM MUIddEIU Jul MOU DInalSI@Dun for 2090 e usea as a toW to create Inure clensity willinglhop UI YOIIBULIOIU! ij am preserve open spacdeEJttiWiti2!UptifJPOM#001 CinoIZ{ 041 '10A0MOH .BaIT nousv 0111 Jo A10!Al@A01,3!01-JOU@q 12 pOPIAO.Ia UOSIDOIP!IN bABG Xq poluosold de[N ost'l pue'-~ 0.Imni[ 041 11341 1103 dno:18 041 A.IupunoEI 111Â£0.If) Uuqifl puu deIN ast-1 puul ainini Population Estimates The members agreed to accept the population estimates for 1997/98 as Iaid out in the Existing '1Sn3nVUI Conditions Report. These numbers were reinforcgd bv Bob Sghultz who p esented co rISOMS BUI10@ILI dDVÂ¥ ise ! 92 113 S.WQUIQUI UÂ°IfiW##4*EP&RNE BUIUUâ‚¬TA OU cbMCiagi 0~gonaidgzKj~oxvionu-IfyfE YnteregreÂ®ihl seeing some nistofical trend clata trom Ine rn rlatlon estl ates rotlnd in Iil or invesmienthkdruiwpaJOJU! OI rfi SUM 1@QUIJAOINJ UD. MUI13021 otrl JIG osodlnd OU T Aspen Consolidated Sanitation District if it is available, and a comDarison with other similar (10#11.I!09) LIBUIS OS!noy Colorado towns. ueuwoH uuX'I IBII!IN @!ueqdols Population Build Out Vs. Dwelling Unit Build Out (SUISne ) Sligao It was agreed that the use of a dwelling unit build out is more practical Man a woM~.*t?A build O ADULn out. However, it was suggested that assumptions be made concemine a r)888fatign butiti out w Spool uuy @!Inf from the dwelling unit build out numbers. :gOUEpugUE u! JJUis 1@Ale.L @!IÂ·IBL[E) Growth Management Quota System (KTIDO :LIOT) uosloug UON The existing GMQS is effective in capturing new growth. Howeter mere was wittesoread CAT.JEO #IOL) 01aaIUM DA01$2 agreement that the GMQS is failing to capture growth in termS di remotlell ancrexemor coleI @IUEN *Inu 1030)T subdivisions because they do not compete for allocations. It is~enerativ ielt bvithls gruup that (0 OUIEarA\011011 the overall impact o f all development on the community is lost Under the $2trer# 83*3. It was suggested by staff that a lottery system, such as that used in Boulder, is frad~r#im Adblems and should not be explored for Aspen; rather, the current system needs to be restÂ¥8cturen to AQUaOTAT LUI T capture as much growth and change as possible, without jeopardizing the eitectidhess-'of the ouozuus LIONS program. 40!BIE Clou OQUED 118 1 The Commissioners want to sustain those elements of the community that create Appeaiugtft Nit that it was necessary to capture other kinds of growth more efficiently. Among the issues mentioned were capturing the Uipacts of commercial deve ~~r~~.aod the proliferation of non- I I laQUIOADAT UIO.II,SalOAT profits within the GMQSS~ten. Dernaos bÂ¥'way Ola Dossi ness fee. Another suggestion *I[OpeaMUO)~BU![[0779 BUnIUUId lu!01' . ul:Id 4!UnUMIIO) Calv uadsv 1 2 , .9 Â£ olA 'i - -4? 2,6.43 (- VON 9- 7, L ff, 11 9,7.7 i Ittl F #47 cid ,(4190 77-57 70 .4 <le 9 1Â£ C ~ 1 f'+0131 11?9277 k 4,9 ~ n447..,0 tr No/C-f -Ei 15 0 -2 + Â°fu-110- -1Â» Â»,r ,~ *i .2(41 â‚¬ 9 L f 1,40 7 L--4 - Â© 14141 r+v *t-*,fc,9 1,15 vdtv + 41,7 -u.'9]0. 4~0Â·nÂ·vÂ· ma -1- ~f M -+4 /9- 49 4 7 - .10 6 ~ *4 /,~. Ve~,9.4 -7,hs Mâ€¢t,07 6.44+- i Â·f'WipÂ«i) -F-~r -- G-'C fuo -174 F +1~-'P--1 n.yrd 1Â»"33 â€ž 41.1- <Mwq f'17 77 -d- 'f- ~ fril'd -L<~,/ r Vtp'*1+79 fri Q v H A 4 . fuc< g n~ . 91 + BER <97=EJ I. lial-- __ 51 #147 "U fl 9 râ€¢ ' o.....,& 1.4 .g-w;Me~ NI '4 1 >C 00<n f.,Pel//,LOIA 'rp.W e â„¢\54 < IMMC lt-,1,2 79* Â® 4 USe-L, M / ... .74 r-â‚¬L ... U = 4 A-*/ Â· c.g Id 1, J 4. oU41 i C W c.14/,Fr t: Fit ' Uqu 1 19 J, 1- 4 6. -22/(7 1-,f )L H fub' Q - '-0-2 1 '(*d 3Â» 94/Ad r #l Â¢ 149 7 1 1-11,-4 KED- fy \ - - 96., 41.k,91 Afeti â‚¬ i h r rÂ·t gr' d - Â»0,Â·1 tvÂ»<jer,0 4,4(\ f'wwold r,;i < 5 4t Lf.'rt/ -*'flad tÂ·-1-4,25&=7 Vol~~"07-< 27 981*9 < 1 f - 11 --':1(r d 9- 9 -11 \Â·4'41 J *#/7 1/ , \ 'CLMÂ¥#r- *C~) r 4-1/ v .50 rÂ».4.'1&'Â°2 '" 17 9(.'1-7~ 4- 1/1,/2 /hol/1 k -Att-97 1 â€ž 11 Cy-727 4-51 L .. * Rite/19 Arb,A "B-L _.3k_-'2,~5 ji-â€¢~ 4 L r,w~ 6.-An nuph,k 6..J #l/04 4$& ___ ..1 L 1, ~w PRAL 9 V;6,~) A J Ckl 6 E- 04Â· 14-4.9 - + Rad PUb 24., 4 4-1. 8,:1.1.'ty foote'.4 21 9.h, 13 OC- 2-11 3-06 1 A. -C> 0 t o_.1, l ?1.ul?-A U5.3 -~1'I OAv-. '.,. Lk to â€¢u,*6 e.2 -fln- 7~.0,~0 4 L A p nf 41 j; *' AÂ» A .R 'r Â· r,m- + 602 =) ~ â€¢1-{) 614Â·~~A ;Â° f"f'9'/' 6 +4 L' ~4 7-7 $ iii:4 $ 7L*9 9,/44- 4,235 -e 4-1.~il~ '~'}- 14/ "f 4lc-q -U - It 46 10.5 4/4- Â·-1 A.Â»2 L,Ar Jr? fy -to ''k4Â£% 4 4.,4 1 a, 0 4#*6 A JAA-/t54 6-Ad /11'LA 4.4- , - -- 14. I - .(' CLFL/fr tly\? ~ 07, Colk' -w ---- f f,4 9* 2 '- .1 72 8.-71 94 44(7( 41\41 +149 4 --22 .I C *2 -HE Ll 9\ 9 Y -fÂ¥ 67 sf,li' 4~ flrycl Alpt 't ne 73 04 -1114,11 -ror, Â· eN '5 t '* b * - )kn 1 +Dr'S Cloy_+ ATTAOIMENT_~- O FF 1 C F . V .2,6. -..2, Iii,5. 1 -JL: 1 1800.f 1 00 .1 BOO .1 866., 8.5 .1 886.1 \ 868.1 808,1 ~0"ll-.li 8-' 7 Â·, 0 ~ A- 7 3 .2 - 1 - 3 {P,ru.El- - 150 st G.4270 .l L - \ r.7, 0 EL i Mi, A K. EXIT > -1 09</ll /l F,i-1111 11 1< 1 1 1~* 111~ 1 11111 4:- Â»â„¢T Ll- d p.EvÂ·ifuslic u. i 11:I-Vil - 1197 0 066 /1 866 81 866 â€¢f 886 81 806 â€¢1 O#ICE J. S~*~~1 4. 44 b Il . IE : r 13 7 -/ \4 -gl l i l i I I \ . \ 1' l 'i t 1 1 -1-. ~/ G V. , 70 1 57 V,/ 9 t GYMNASIUM ~// 3006.f EXIT EXIT- . Ela J , /.~ ~ 1 2400 .1 1 1 t . --- Â·n ALUL///41 FIRST FLOOR /5 . . g VI .t . 1 1 Â· EXIT EnT EXIT. EXIT - 10 ~ , :..1. . 1 1 , . .1 - ,/1 .il , / = sron. ~1 STOn. = -1 ... . . j BOILER 1 <i - 1.--- '.1 1 COÂ·Â¥n r.0* A reR 1 OFFICE i 1 L.1111'Jifilion-ST'Z- 1 11\ pet-- . 1 L.t' .. 1 BASEMkNT ,Â·.': ELE J EXISTING YELLOW BRICK SCHOOL BUILDING 0 1,/1,4:1; 1 FIGURE: 13 . .-7 ./ .... -/- -, -'-- - . Ekt{ 1 81 T Â£3 91.-OL I..t:. THE CITY OF AspEN August 4,1998 OFFICE OF THE CITY ATTORNEY Darrin Axthelm Land Title Guarantee Company 533 East Hopkins, #102 Aspen, CO 81611 Re: Sale of Yellow Brick School Building and James E. Moore Family Partnership, LLLP, parcel Dear Mr. Axthelm: This letter will serve as the escrow instructions of the undersigned, for and on behalf of the Buyer in connection with the sale of the Yellow Brick School Building and the James E. Moore Family Partnership, LLLP parcel. It is my understanding that Land Title Guarantee Company is acting in a limited capacity as closing agent for these transactions and will be facilitating wire transfers of closing funds and recording of all pertinent documents. In anticipation of closing on or before August 10,1998, the City of Aspen will wire City funds to your account on or before August 5. 1998. Provided that the following conditions are met. you are authorized to release the City funds to theÂ· parties indicated ~ below. The conditions precedent to your release of the City of Aspen funds are as follows: 1. Your receipt of an executed Warranty Deed from-the Aspen School District No. 1,. as grantor, to the City of Aspen, as grantee, for Lots A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, and S of Block 57, City and townsite of Aspen. 2. *Your receipt of an executed Quit Claim deed from the Aspen School District Nb. 1, as grantor, to the City of Aspen, as grantee, for Lots O and P, Block 57 City and townsite of Aspen. 3. Your receipt of a duly executed resolution from the Aspen School District No. 1, authorizing the conveyance to the City of Aspen the properties described in items 1 and 2, above. 130 SouTH GALENA STREET ASPEN, COLORADO 81611-1975 - PHONE 970.920.5055 Â· FAx 970,920.5119 Printed on Recvded Paper WARRANTY DEED THIS DEED, made this ~day of August, 1998 between ' * Aspen School District No. H whose address is 0234 High School Road, Aspen, Colorado, grantor, and u *formerly known as School District Number One r The City of Aspen, Colorado, 11 whose legal address is: U U L 130 Galena Street, Aspen, Colorado, and State of Colorado, grantee, J l WITNESSETH, That the grantor, for and in consideration ofthe sum ofThree Million, One Hundred Twenty Three Thousand, Seven Hundred Fifty Dollars ($3,123,750.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargin, sell, convey, and confirm, unto the grantee, its heirs and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: Lots A, B, C, D, E, F, G, H, I, J, K, L, M, N, Q, R, and S of Block 57 CITY AND TOWNSITE OF ASPEN TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, including but not limited to any and all water and sewer lines underlying the Property, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtehances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its heirs and assigns forever. The grantor, for itself, its heirs and personal representatives or successors, does covenant, grant, bargain, and agree to and with the grantee, its heirs and assigns, that at the time ofthe ensealing and delivery ofthese presents, it is well seized ofthe premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all fo. mer and other grants, bargains, sales, liens, taxes, assessments, encumbrances, rights-of-way, and restrictions of whatever kind or nature whatsoever, except easements, rights of way, restrictions, reservations and exceptions of record and subject to the terms, conditions, and 1111111111111111111111111111111111111111111111111111111 420456 08/10/1998 02:38P WD DAVIS SILVI 1 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO provisions of the Contract to Buy and Sell Real Estate between grantor and grantee dated September 26, 1995, and the First Amendment thereto dated August 30, 1997. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. ATTEST: U Qlig ~1,~.>5 Alice Davis, President, Board of Education Aspen School District No. 1 Jill Wis, Vice Presiddil Board of Education Aspen School District No. 1 STATE OF COLORADO ) )SS COUNTY OF PITKIN ) CY.4- The foregoing was acknowledged before me this q day of August, 1998 by Alice Davis as President of the Board of Education of Aspen School District No. 1, and Jill Uris as Vice President of the Board of Education of Aspen School District No. 1. Witness my hand and official seal. My cornmission expires: Â£ I e. 5 j JANICE L. JOHNSON 3 141*Cf â‚¬ NOTARY PUBLIC No*blic - F 4 STATE OF COLORADO My Commission Expires 4/15/2000 1/aspe/mischdrocity.wrd 1111111111111111111111111111111111111111111111111111111 420456 08/10/1998 02:38P WD DAVIS SILVI 2 of 2 R 11.00 0 0.00 N 0.00 PITKIN COUNTY CO = 0 1 0 1 @ 1 0 1 @ 1 Â® 1 0 1 @ 1 @ 1 lei ~ENCL 0603. 89.5 90.1' go.7' pu~v 1 DESIGNWORKSHOP DL Urban Design Â· Tourism Planning 1 '' 1 1 Landscape Architecture . Land Planning CONC. CURB & PAN , a , - A 4 Albuquerque â€¢Aspenâ€¢Denver. Jackson Sao Pauto â€¢ Santa Fe â€¢ Tempe . Lake Tahoe â€¢ Vail 120 East Main Street Aspen, Colorado 81611 (970)-925-8354 89. Facsimile (970) 920-1387 WWW.DES I G N W O R K S H O P.COM 31.7 /- MAILBOX i 89. //1 1 06 11 9 Â«V 1 1 090 - 1 - 2/j TRAP l -' FOR f 1 r B h 443 1 i L P < C) P- 90.. 0.2. u C C 7 r & -riL j 0 Â· 2 1 1 -1. r .-y \, 40 1 TELE, \ 64' kLALS Or, PEP. >4 ~ PE:Ovu lili '1 9-2.4 %.NI mp >.1 1 1 I -L 1 =~ A \ 1 11 / j l ISSUE DATE: 8 June 2000 / REVISIONS 1 # DATE DESCRIPTION 1 7/27/00 Design Development review i - / D f - N. - nj tv j - l - DRAWN: REVIEWED: Design Development 91.J PROJECT NUMBER: 2496 .. p.# .....4.- ..........r--3-.........2.... :4/...2 .....:...... *-...:... . ..... : . .. 4. L...._: -Â· Â· I ):-' Â·Â·Â· 777-.1 .. ./ ./ .. I. . - 4--i-- . 1 0 : 20*2 cross. 12,57-'\ - - C- -- - / d 4- - f L 7 -- '-c21 ---1~~ 91.6 vi- 'L yr i.Â»ACZED~~-3--- -7 - 4 .. . 1 ~= ' Â·Â·' 1 ....J~))~'444 3 1 1 U - cq-f'~ - U 9-} - 1 1 Planting Plan 7893 1 SHEET NUMBER 1-3 T -17 1.1 1,/ p ' m % (21 r-]F.1 -5--'â€¢ 17 -I-1 rp .D Liu L All K 2, 1 li-6 11 1 L7.01 < | Â® | Â© Â©COPYRIGHT DESIGWORKSHOP, INC oqloq46!eN 0!JqAAolle* ued sv Jo AJ Aspen, Colorado ... r . . . 0 A . . I ..A ... 1, . ..0. 00 0 0: 0 .: .1 0 I , 'IP - A . .--W :O *$ f. , 4, f p. '1 - '9 *â€ž1â€ž \ ; - Â£ 1 - 1 .9 V A . 1- - 1.L j- . 4 i. ~ , J. ~ . A. 0 2 1 . I .0 . .0 I I I . . .... t 'i, . I. -- - ; A .. A . 4% . / ,/ 0, .. e '' . . 1 4 1-Â· e 1 '' : ... 1 41 ' J' ' M 14..5...~3. -,2.. .,:E 1â‚¬ .AK 0â€ž J: '# -21 - ~vÂ·,;S- x-Â·WL.: -2: 5 %, '- **4 , . 2, G , A.....i,f . I- + I I. 6 # ViLO . .gn.,Â· Â·Â·Â·-: '-e.4.â‚¬6â€¢Â· .-Il WI- #4:u 0"- Allial"Pill/V . , t--- 4,17 . 0 9.e I .9 , f i , 0 - 40 i 1 -I - i W v j . .*Fr V m 1%14 7 J A k 4 -- ---1 e .. 4t & I e . ........ EXISTING CONDITIONS MAP OF: THE YELLO-W BRICK SCHOOL SITE LOCATED IN BLOCK 57, ASPEN TOWNSITE COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 1 X 89.0' SURVEY CONTROL EL.= 7888.67' Â· STORM Ull Cato) ,/'-RIM EL = 88.9' AL' 89.8' 4'-HIGH ~ - - - - -7890- EST*_ 89.2' SCALE: 1" = 1000' 78 -228' 8 *Srdrq 252' 89.8' 89.8' ~~* $*J\4\ \ ~ALLAM STREET A. 6" C . BUSHES s. 1 v 3'-Hi \ SITE 4Â· BUSH 49.3â€¢ y X \4 '-H/GH 9 1, 2 Â» - 89. 6,90. ... 2" PINE TREES 3â€¢_HIGH ~ . -228' BUSHES 9 , - 4~t'/- 7891 - SHRU 90.1 0040 CURB 927Â» Czzl -ENTRANCE 3'--HIGH 90.6' 4 PAN - 19 Â· : 9. ~ ~w.-- ONC. WALL BUSH 7-HIGH . 0 'el 4 BUSH 8'-HIGH =92.8' 2. W USH CITY OF ASPEN : 1 90.,1 2" PINE 7REES %00?H 40.3, WOOD 90.8' DUMPSTER VICINITY MAP 3'-H/GH 0.Â·. & 1*92.890.6' :Â·7.'9't~Â·3 ..: ENCLOSURE 1-- 4- 1 PROJECT BENCHMARK ----4 -pr- ~ 3'_HIGH YELLOW - BUSH Â¥ly P.K. NAIL IN SIDEWALK Â·Â·.. .. BUSH 25.2' .'~ i GAS ELEV. = 7891.45' ....9 1 <". 4 4" BUSHES 4'-HIGH TW=93.1 : Â·2% 24123*4*, D f3)-1Â» 427ER CONC. HALL . 2 '9: t,Ze' .t , S ./ I INLET STRUCTURE WISH FLOOR r . = 7895.35 hy . 34,8. , -Eft44**24- . BUSH " F .1 h . 9'-HIGH 4 Â£ ' UTILITY LEGEND TREE LEGEND % 1 99Â· , '' ..~ ' USH 0 920' 4422:414*C" . 9.. "' ' H j(y~ :92â‚¬O/kâ‚¬>~ 1/ le . 6.7, STEEL GRATE @ 9101 _Â»4.- VV,10" r / -- 3 ' CH. UNK int \/25-Â¢1\Y ICJ; i j~1077825- CONC WALL r SEWER MANHOLE PED. -n>--ar<6~,r'vi,1% -- 7-#42 iN. TW = 97.7' MAILBOX briA/4 EXISTING DECIDUOUS TREE 4 EXISTING LIGHT POLE 11 --0~*,2 \ ~;te ne ENTRANCE - o 1 . I BEVCHES-' ' ~ 4 ,/ '' -. 4 -niil- EXISTING UNDERGROUND TELEPHONE Ang + AA,AFT-1,, . ~7>-4_ 5 - h . Â¥ ..7 1 .1 1 >Ir 1Â»{Â·-SANDBOX BENCH CONC. WALL ~~ EXISnNG FIRE HYDRANT ~ EXISTING CONIFEROUS TREE ..1 . dil . ... 0~ EXISTING BUSH 71=96.6' *=441 (FORMER ALLEY-TYPICAL UDLITY CORRIDOR) ~ SURFEr CO/,77(0Â£ - M EXISTING WATER VALVE CHAIN UNK FENCE f# :. 1.- 4% 1/Z.=. 7894.371 R.R. nE X 3. PLANTER 94,8' 3 ~ 4 400 CURB STOP RIM EL=93.3' 0 4 -00,Â£ vul \>0-46/No.~ ~' 'I ~'- - :Â·: >toiGA )3~ ~ . , - ,-~7)nÂ£ - :02,9Â· ' STEEL GRA ZE 5 ~ Ii.RIGATiON CONTROL BOX 4" F!NISH FLOOR 8'_HIGH O e Pm .Â·Â· EXISTING SHRUB Â»T ELEV = 7885.35' BUSH 4 ~6- 0.95' --'3<( 44- ,= , ,-- 6., 69OTTOW OF SDI/RS) Â® :. SE HOLES ~ EXISTING SEWER MANHOLE : BROKENASPHALT RIM EL=93.2' 10?,254. 4 4. f ~ EXISTING STORM SEWER MANHOLE NOTE: 94.4' . Slm ORA lE ,-EL C. E 4.; 0% ' ~ TREES DEPICTED HERON HAVE BEEN SCALED TO REFLECT f '-4- 3.* 0 1, / pee--7 7894 t} - A- /Â®re~ f 12â€ž 1 .. 8.0 Â¥ te ~ EXISTING TELEPHONE MANHOLE ACTUAL CANOPY DRIP LINES. SUDES t' g Â·Â· " 1 ~ LOG . v4%-.%2 - /5)-C-Â·*1.- '- m EXISTING TELEPHONE PEDESTAL 1 -- . 1 1 4 1 12" /1 OD ICKET FENCE ~73~r ~ . 426 -1. V- hX . ONKEY~B 0 ' ~, ~ EXISTING ELECTRIC TRANSFORMER 1 11 1 . f Â· >-Â·-~.-Â·i mu: CABINET ~j 0.- , Â·.7ZZE- A TV PED'S ~ ---U-- EXISTING SIGN 1 1 I 1-- -GPOLE MONREM BARS L-Â«f , >4% - 11 . 1. liLi . 1, 4-1 $1 1 -11 - 11 - - 1 1- 4.. ----1'J.-11- l' :--1~0\ /-1 -,21. . i NOTES 93.6' EL ANS. BOX 14~ 93:8'.ASPHALT.{. li'.11 ~.. : 1= 1 11--- 1400 2*Nof- 11---~ {~1{ ~--/liÂ»-3/-1-1~--, - 1) DATE OF SURVEY: SEPTEMBER & OCTOBER, 1999. 13' (r 92.0* 2) DATE OF PREPARAT10N: NOVEMBER 5-10, 1999. Â· ' Â·Â· Â·Â· -:qax SUREY C3Â»ma_ "~ EL 7893.97 Â»-% ' ~ %~ ~ 2 NORTHEAST CORNER OF THE SITE AS SHOWN, BEING RELATIVE TO THE 3) BASIS OF ELEVATION: AN ELEVATION OF 7891.45' ON A P.K. NAIL AT THE WDVERBALL Â·. ';Â·' Â·7 :. Â·- ~ <- - 12" * 1998 CITY OF ASPEN CONTROL DATUM AS PREPARED BY DREXELL & BARRELL 1 :12 1694 4 9 ENCINEERS AND SURFEFORS INC ...Â·. :Â· +....4 3 4) CONTOUR INTERVAL IS ONE (1) FOOT. 93.7' Â¢ ==- 3 -WOOD 212KE~ FE" 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS 1. 1... ASPHAL T PARKING ' ~' C CURB ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. 91. 93.4' ' - BASKETBALL HOOP - LARGE-BOULDERS f :.. 1 1 Col/ MONUMENT PLAGUE -r 7893 BLEEKER STREET f = 919 ~ SURVEYOR' S STATEMENT 92. ' 9.5' I, MARK S. BECKLER, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY SOPRIS ENGINEERING LLC FOR THE CITY OF ASPEN, PARKS DEPARTMENT RB dc GUTTER AND THAT IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE. GRAPHIC SCALE 93.4 20 0 BY MARK S. BECKLER, L.S. NO. 28643 ( IN FEET ) 1 inch = 20 ft SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 Â® NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACIION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACnON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 YEARS FROM THE DATE OF CERTIF1CA11ON SHOWN HEREON. 99096 11/10/99 996SITE2.DWG .. lu~9-,1-~di.r~i~- AM*..1 .Â«-Â¥M<'u'-~er/S 0 - I 4.. IUU.NL-Â°AX-g)â€¢:--:/.I-e**- - liâ€¢-'I...- . . . OVOW SNOCÂ¥311 00080 000000 FIRST STREET NORTH ~ -7-1--00 2/CKEr