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Home My WebLink Aboutcoa.lu.rz.Aspen Fire Aspen Thrift.1982 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)925-2020 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL 63722 - 47332 - 52100 GMP/PRELIMINARY 63723 - 47333 - 52100 GMP/FINAL 63724 - 47341 - 52100 SUB/CONCEPTUAL 63725 - 47342 - 52100 SUB/PRELIMINARY 63726 - 47343 - 52100 SUB/FINAL 63727 - 47350 - 52100 EXCEPT/EXEMPTION 63728 - 47350 - 52100 REZONING 63729 - 47360 - 52100 SPECIAL REVIEW County SUB-TOTAL 00113 - 63711 - 47331 - 52200 GMP/GENERAL 63712 - 47332 - 52200 GMP/PRELIMINARY 63713 - 47333 - 52200 GMP/FINAL 63714 - 47341 - 52200 SUB/GENERAL 63715 - 47342 - 52200 SUB/DETAILED 63716 - 47343 - 52200 SUB/FINAL 63717 - 47350 - 52200 SPECIAL REVIEW 63718 - 47350 - 52200 REZONING 63719 - 47360 - 52200 SPECIAL APPROVAL PLANNING OFFICE SALES SUB-TOTAL 00113 - 63061 - 09100 - 52200 COUNTY CODE 63063 - 09100 - 52200 ALMANAC 63062 - 09100 - 52300 GMP 63066 - 09100 - 52300 COPY FEES 63069 - 09100 - OTHER SUB-TOTAL TOTAL Name: Address: Phone: Project Check No. Additional Billing': Date: No. of Hours: 1�I' I � l II 1 lo�(, To: Members of the City Council k Kew Re: Fire Station and Thrift Shop Rezoning September 7 , 1982 This is a request to allow the Fire District to commence construction of the building to be leased to the Thrift Shop prior to the final passage revised zoning. The Thrift Shop has been told othat e final zoning may not be complete until October 25 , 1982. To begin construction at this late date is _ r risky and forfeits almost six ( 6) weeks of .construct- ion time . The delay by the Fire District in filing for the re- zoning stemmed from misunderstanding between the district and the city. After two (2) meetings be-- tween the city and the fire district , it still was not clear to the fire district that they had to actively file for rezoning. After the procedure was described by Colette Penne of the Planning Office l on August 25, 1982, I called the fire district and asked them if they had filed or knew that they had to file . . The answer was that it was being taken care of by the city. It was not until August 31 , 1982 , that a detailed submission was made . In view of this con- fusion, the project has been delayed by at least a month. Further, the Thrift Shop' s current lease is up Nov- ember 1 , 1982, and we do hope to relocate as quickly as possible . Losing another five or six weeks could mean an even longer delay in our oopening ml,aftt due to cold weather construction. We hope the Council will grant the beginning of con- struction for the Thrift Shop prior to October 25th in the same light that has allowed the continuance of constructon for the additional fire station bay. Sincerely, J . R . McCarthy / Aity bmc y. t 41 • elP to *OP v4 CITY OF . .ASPEN 1.30;south galena =street aspen, colora'do'':11611 303-925-2020 November 18, 1982 J. R. McCarthy 601 E. Bleeker Street Aspen, Colorado 81611 Re: Fire Station/Thrift Shop S.F.A. Plat Dear Jerry: I have reviewed a copy of the mylar SPA plats submitted for the Fire Station property. Prior to recordation, the following changes should be made: 1. Signatures should be obtained on the notary portion of the Awner' s consent. 2. The plat should be labeled as the Fire Station SPA Plan. 3. The Thrift Shop structure and the now completed addition to the fire station itself are the only construction currently approved. All other references and representations of future offices or housing that are not part of the approved SPA should be eliminated from this plat. 4. The lettering at the thrift shop location is illegible. These items should be corrected prior to submission of the mylars for recordation. Please call me if I can clarify any of these points further. . (55 erely, A I 7ss Engineer JWH/co 1141 511 1)0;1i- Irm)4;41 la 6revl, cOt Mh) r €0)44 11' 4,,, Ao f. fi a' sAvA-47 p--)7 I /st1•'r .i "11,07/11 1(,,c ( I — ii1 1,11) ) ' ).•tjr'L t-t' , r0 r /1114.44.,/ fr (ilielAy} (t4 t , Oi/r- -44 fi, - J2 el) -1 - 2 0 /. 111 A4_, !:.> AY " ---- 6}- P/7( \)().1r I , 1 141 119—1 4 i f4 6 lea' 01) Dw•ri 5 PA . kft.,? po,es P— e , L- rn. 1.1k ,A // ft#v t , chpfs not.frreirto — ■..07 PPCs 1-6,i-01^1 • 7:7‘ Tjt. 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'C.,-,;,' 'i ' f • h.",t .6"((' ■I 11 . t T• L- ".','‘.." .(... Ili ,' ..----\.,.....\./ I,/ ,' •1 .- ,-„ 1, , . • ,kr i 7N,,,,,, ,..: cvli 4, \„,- v , . „ 4.% 7-^V/ i ! , `;.2 .• -,_ ( I 1 . (' ''‘i F. ' ' , ., - -2 , ‘ . 7 I I. -'1.., i-C: (I-• CI 1. > - \\ \ i '11/4■ , ' 1 11.... 1/43 . .... . 1 1 itT.: NI' 111 ?--! ,...„ ! 0 ..3‘) ,... ■ II 11 . - . - - - - 1- .'.4 '1 • 10 $ . ' 1 •.... I / 1 I 1 ' -I--\'3-14,, 1 t 1 `.--. ; 1 , tti * 1 INL , , t 1 -.--....,• 1 ' - 1 I <' I 1 i , f----I -..:I c,, Ai 1 1 i 1 1.)0' , 1 • I i , 1 I I ! 11 i 1 , . 1 , 11 ■ , >1 ' \I i 1--.. I ■ ' 'i) ; j, li i i ■Qq 1 1 ' , i I I ■ 1: 1 1 , P • 1 I .1(I-31. ‘,3 ' k I 1 ' 1 I • -- - , 2' X.i' - _—_ 4. Councilwoman Michael brought up the question of appointments. Council intervi ,, lam P q pP evved four applicants with the P & Z and they need to appoint an alternate. She said I•„y Vann she felt Council should wait for Mayor Edel. However, on the Commercial Core ict a and Loding Commission, David Fleisher and Rich Perez have applied. ' ,tl ommo acc Councilwoman Michael asked if Council wanted to interview the two. Councilman Parry said he knows both of the people and would like to appoint them and the CCLC ,man to `has no problem with these applicants. ; 'etricit Councilman Parry made a motion to appoint David Fleisher and Rich Perez to the CCLC. ;;1eilmar. Seconded by Councilman Knecht. ,,l;iated ectri.cit All in favor, motion carried. ,rry• 5. Councilwoman Michael said there is a meeting tomorrow over housing consolidation , ; in fa\ at the Community Center and at 5:00 p.m. there is a budget meeting on non-profit requests and Thursday, October 14th a meeting on the arts groups budget requests. . .. Thrift ins. 6. Councilman Parry moved to put the Zeits building permit problem on the agenda. Councilman Collins seconded the motion. •-. ti .. INN . _ All in favor, motion carried. 1 Attu.' • 1licant ORDINANCE #51, FIRE STATION REZONING TO PUBLIC/SPA AND SPECIAL REVIEW FOR PARKING r ;i.'E NCE Colette Penne, planning officer, said the request is rezoning from park to public with an SPA overlay to allow an addition to be built on to the existing fire station ; k;lcc llav and an addition by the fire station of a building on the east property line. The M •, t.,te tenant for the building will be the Thrift Shop, the SPA plan will indicate the k ,, Davis uses as allowable; these will be fire district uses and the Thrift Shop. Ms. i. :roil t Penne reminded Council they sponsored this application to rezone. The SPA for . 'L dea this sets the area and bulk requirements that will be used on the property. t ,; ;; '„cGJ Any deviation from the site plan that is adopted will have to go through an SPA 0, meet amendment process. The fire station does have some plans for expansion in . at terms of offices or housing which will have to come through Council at the time t tiros. of development. Ms. Penne said the ordinance to rezone and adopt the SPA Plan, 1 all Ordinance 51 is before Council for first reading. There is also a special review ,:', Ady c requirement for the parking. The parking proposes is five spaces on the alley 1 , , Aspen side. . . .,::e i lma ,,har, The criteria for evaluation of rezoning of the site is in the commercial core zone mie son but the use has been a public use for years and it is within the vicinity of other s public uses, City Hall and the County Courthouse. Ms. Penne pointed out the ;.ncilm greenspace offered by the park is being retained on the site to some degree. ,,• long The site plan proposes quite a bit of landscaping a walkway. Ms. Penne said the expansion of two uses are of community benefit; those being the Fire Department and the Thrift Shop. J.R. McArthur said the long range planning of the fire ' ' tne 1' district proposes a office for a fire marshal and fire chief. The building for the ,Lo: and Thrift Shop had to take into consideration those long range plans. -, this Councilman Knecht moved to grant the special review of the parking as outlined 1 ' 'na�n in the site; seconded by Councilman Parry. the A the All in favor, motion carried. "'t t` ;lttc Co:uicilma.n Knecht moved to read Ordinance #51, Series of 1982 on first reading, put seconded by Councilman Knecht. ,: i.ir ORDINANCE #51 trnt. . (Series of 1982) . r I; AN ORDINANCE OF THE ASPEN CITY COUNCIL OF ASPEN, COLORADO, TO REZONE a FROM PARK TO PUBLIC/SPA THE PROPERTY AT 420 EAST HOPKINS AVENUE C;nu FOR USE AS A FIRE STATION COMPLEX. ° is A Councilman Parry moved to adopt Ordinance #51 , Series of 1982 on first i., . reading, seconded by Council Knecht. . ;ti i Roll Call. Couacilmembers Parry, aye; Collins, aye; Knecht, aye; Mayor Pro Tern Michael, 1;;c aye. ' rte, All in favor, motion carried. a REQUEST TO WAIVE UTILITY HOOK-UP CHARGES - Thrift Shop ..::, Karen Kash-itiski asked if the City could help the Thrift Shop by waiving utility hookups, building permit and cut fees. Ms. Kashinslki told Council the building .viii cost $100,000. We have a contractor who has given time and materials and we have an architect who has done this cle.,ign free of ch arge. Chapman said I. the City can't: waive se ,r fees, and probably can' t waive the building permit. ., 1 , • ,i:.1 '! t CITY OF ASPEN 130 south galena street aspen , colorado 81611 303-925 -2020 MEMORANDUM DATE: October 17 , 1983 TO: City Clerk City Manager t fanning Director City Engineer Larry Thoreson FROM: Paul Taddune RE : City/Fire Department/Thrift Shop Agreement In follow up to my memo of June 3 , 1983, I am forwarding to the City Clerk a finalized original City/Fire Department/Thrift Shop agreement, with copies to everyone else. The final version con- tains the following two revisions: a. The language "which consent shall not be unreasonably with- held" has been inserted at the end of the second sentence of Para- graph 2 ; and b. The last sentence of Paragraph 5 entitling the City to insur- ance proceeds in the event of destruction beyond 75% of the value of the building has been deleted and , in its place , the following language has been inserted : "in which event the Fire District (or as between Fire District and Thrift Shop, the Thrift Shop) shall , at its own cost and expense, remove all debris and return the pro- perty to a safe and natural state in accordance with a landscaping plan approved by the City, which approval shall not be unreason- ably withheld . " All of you should be reminded that in the fall of 1982 the City Council approved the location of a newly-constructed Fire Station Annex ( i .e. Thrift Shop Building ) on City-owned Lots 0, P, 0 and R, Block 87 . The rationale for the approval was that the Annex would provide expansion capability to the Fire District and , as such , the Thrift Shop 's use of the Annex was permissible as a quasi-public use. To accomplish this result , the existing Fire District lease has been revised to permit the construction of the Annex and its sublease to the Thrift Shop. The revised three-way agreement contains the following features : Memorandum Re : Fire District Agreement October 17 , 1983 Page Two 1 . The term of the lease is for a period of 20 years , commencing as of the 15th day of June , 1981 , and ending on the 15th day of June, 2001 . 2 . The Annex is being subleased to the Thrift Shop on the same terms as the lease between the City and the Fire District. Addi- tionally, the District has reserved the right to construct such offices and apartments for Fire District purposes only on Lot R, provided such offices and apartments do not unreasonably interfere with the Thrift Shop ' s use of said Fire Station Annex and that the City expressly consents to such construction, which consent shall not be unreasonably withheld. 3 . The City has consented to the aforesaid Thrift Shop sublease "so lona as the Fire Station Annex is used only as a thrift shop ( i .e. the sale of merchandise to raise money for distribution to local needy organizations such as Hospital , Deaf Camp, Boy Scouts , Girl Scouts , Scholarships , etc. ) . 4. The Fire District 's rent per year is $ 10. 00 , payable on or before June 15th of any year. 5. All utilities and improvements are the sole cost and expense of tenant and subtenant. 6.. As further consideration for the lease , all improvements , etc. shall belong to the City upon termination. Additionally, tenants are required to obtain authorization from the City prior to any construction of improvements. 7 . If the buildings are damaged or destroyed by fire, the ele- ments or any casualty, they shall be repaired and restored, so long as damage does not equal 75% of the full replacement cost. In the event that the damage is in excess of 75% of the replace- ment cost , the tenant and subtenant are entitled to terminate the lease, and the property shall be restored to a safe and natural state in accordance with an improved landscaping plan, at the sole cost and expense of tenant or subtenant., In such event, tenant or subtenant would be entitled to insurance proceeds. 8. There shall be no subletting or assignment without prior written consent of the City. 9 . Paragraph "9" requires that tenant and subtenant shall save City harmless from any liability or injury arising out of the Memorandum Re: Fire Distirct Agreement October 17 , 1983 Page Three premises and shall procure liability insurance for the benefit of the Fire District, Thrift Shop and City with limits of not less the limits set forth in Section 24-10- 114. Further , tenant and subtenant shall "maintain such insurance in full force and effect during the term of this agreement and shall furnish the City with a copy of such insurance policy or certificate evidencing the issuance thereof prior to occupancy" . I ask that Kathryn or Wayne refresh my recollection as to the extent of the City Council ' s approval and whether or not this revised lease need go back to the City Council for formal approval. If so, Albie Kern, attorney for tenant and subtenant , has requested that the Council consider including within the agreement an option to extend the lease another 15 years . Please review and approve the enclosed agreement and provide me with your comments and suggestions no later than October 24 , 1983 . If my office receives no objections by that date, it will be my recommendation that the agreement be executed unless City Council approval is required, in which event it should be forwarded to the City Council for approval . PJT/mc Attachment cc: Albie Kern AGREEMENT -THIS AGREEMENT made this 1 day of .-e.Ge.�J 1983 , by and between CITY OF ASPEN , a- Colorado Municipal Corpora- tion, as Lessor (hereinafter "City" ) , the ASPEN FIRE PROTECTION DISTRICT, a quasi-municipal corporation , as Lessee (hereinafter "Fire District" ) , and THE THRIFT SHOP, INC . , a Colorado Non-Profit - Corporation , Sublessee (hereinafter "Thrift Shop" , W I T N E S S E T H: WHEREAS , the City is the owner of the land described as Lots 0, P, Q and R, Block 87, in and to the City and Townsite of Aspen, upon which are located buildings known as the Fire Station and a Fire Station Annex (also known as the Thrift Shop) and has deemed it to - be in the best interest of the City and its residents to lease said property and buildings ( collectively referred to here- inafter as the "Premises" ) to the Fire District on the terms and conditions set forth in this Agreement. WHEREAS , the Fire District is a Special Improvement District organized under- the - laws of. the State of Colorado ; and WHEREAS , the Fire District desires to lease the aforesaid Premises from the City with the consent of the City to allow the Thrift Shop to occupy the Fire Station •Annex , on the terms and conditions set forth herein. WHEREAS , it is the intention of the - parties that this agree- ment shall supercede all prior agreements between them with - ' respect to the aforesaid Premises . NOW, THEREFORE, it is hereby mutually agreed as follows : 1 . In consideration of the payment of the rent and the keeping and performance of the covenants and agreements by the Fire District hereinafter set forth , the City hereby lets , demises and leases unto the Fire District the following described premier, and the buildings located thereon situate in the County of Pitkin , State of Colorado, to-wit : Lots 0, P, Q and R, Block .87 , in and to the City and Townsite of Aspen , for a term of twenty ( 20 ) years , commencing as of the 15th day of June, 1981 , and ending on the 15th day of June , 2001 . 2. The Fire District hereby subleases in consideration of One -Dollar ($ 1 . 00 ) and other valuable consideration the Fire Sta- tion Annex Building located on Lot R to the Thrift Shop during the term of this Agreement , on the terms and conditions as set forth herein. In subleasing the Fire Station Annex Building on Lot R to the Thrift Shop, the -Fire District reserves the right to construct such offices and apartments for Fire District purposes only on Lot R, provided such offices and apartments do not unreasonably inter- fere with the Thrift Shop ' s use of said Fire Station Annex and that the City expressly consents to such construction by the Fire District which consent shall not be unreasonably -withheld . The City hereby consents to the sublease so long as the Fire Station Annex is used only as a thrift shop ( i . e. the sale of merchandise to raise money for distribution to local needy organizations such as Hospital , Deaf Camp , Boy Scouts , Girl Scouts , Scholarships , etc. ) . 3 . The Fire District shall pay to the City the sum of Ten Dollars ( 510 . 00 ) per year on or before June 15 of any year , as an annual rental during the term of this lease. 4 . The Thrift Shop. ( with respect to its sublease of the Fire Station Annex on Lot R) and the Fire District agree between themselves and with the City: a. To furnish and pay for all utilities used in con- nection with the Premises without cost or expense to City. As between Thrift Shop and Fire District , Thrift Shop shall be responsible for any pay all utilities and charges used in connection with the Thrift Shop. b . To make any and all improvements , repairs and alterations desired - by them at their own expense , and repair all glass which may be broken on the Premises from any cause whatsoever with other of 2 the same quality and size , at their own cost and expense, and pay all repair bills promptly. c. All improvements , betterments and changes or alter- ations shall , at the expiration of this lease be and remain in the Premises and belong to the City as a further consideration of this _lease . d . Prior to any construction of improvements , the Fire District and Thrift Shop shall first obtain authorization from the City. e. The Fire District and Thrift Shop shall not use or permit the use of the Premises for any purpose pro- hibited by the laws of the United States of Amer- ica, or the State of Colorado, or the ordinances of the City of Aspen, or for any improper or question- able purpose whatsoever. f. : The Fire District and Thrift Shop shall keep the sidewalks in front of and around the Premises free from ice and snow, and the sidewalks and Premises shall be kept free from all litter, dirt , debris and obstruction and the Premises shall be kept in a clean and sanitary condition as required by the ordinances and the Health and Police requirements of the City of Aspen. g . Neither the Fire District nor Thrift Shop shall suffer disorderly conduct, noise or nuisance what- ever about the Premises having a tendency to annoy • or disturb any persons occupying adjacent premises. h . Neither the Fire District nor Thrift Shop shall hold or attempt to hold the City liable for any injury or damage proximate or remote , occurring through or caused by any repairs, alterations , injury or accident of the adjacent premises , or by reason of the negligence or default of the owners or occupants thereof or any other person , nor lia- 3 W • ble for any injury or damage occasioned by defec- tive electric wiring, or the breaking or stoppage of plumbing or sewerage upon said Premises or upon adjacent premises, whether said breaking or stop- page results from freezing or otherwise . i. The Fire District and Thrift Shop shall not permit or suffer said premises , or the walls or floors thereof, to be endangered by overloading , nor per- mit said Premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous . j . All assessments for utilities shall be paid promptly as the same shall become due and payable . 5. If the Fire Station, Fire Station Annex, or such other improvements constructed on the Premises with the consent of the City, are damaged or destroyed by fire, flood, tornado, or by elements , or through any casualty, or otherwise , and the cost of repair or restoration does not equal or exceed seventy-five per- cent ( 75% ) • of the full replacement construction costs , this agree- ment shall continue in full force and effect and the Fire Dis- trict , at its expense (or as between Fire District and Thrift Shop, the Thrift Shop at its expense) , shall promptly repair, restore or rebuild the same to the same condition as existed immediately prior to such damage or destruction. All proceeds of insurance pertaining to the aforesaid buildings or improvements collected upon any loss shall be used solely for paying the costs of such rebuilding or repairs . To the extent that the aforesaid buildings or improvements, in the reasonable opinion of the Fire District (or as between Fire District and Thrift Shop, in the rea- sonable opinion of Thrift Shop) are rendered untenantable or incapable of use for the normal conduct of Fire District ' s opera- tion (or as between the Fire District and the Thrift Shop, the Thrift Shop' s operation) and the cost of repair or restoration equals or exceeds seventy-five percent ( 75%) of the full replace- 4 ment construction cost , the Fire District (or as between Fire Dis- trict and Thrift Shop , the Thrift Shop) shall have the option, exercisable within thirty ( 30 ) days following such damage or destruction, of terminating this agreement or sublease contained herein upon giving written notice to City (or in the case of the Thrift Shop to the Fire District ) , in which event the Fire Dis- trict (or as between Fire District and Thrift Shop, the Thrift Shop) shall , at its Qwn cost and expense, remove all debris and return the property to a safe and natural state in accordance with a landscaping plan approved by the City, which approval shall not be unreasonably withheld . 6 . No assent , expressed or implied , to any breach of any one or more of the covenants or agreements herein contained shall be deemed or taken to be a waiver of any succeeding or other breach. 7 . Except as consented to herein , neither the Fire District or the Thrift Shop shall sublet or assign the premises or any part thereof without the prior written consent of the City Council for the City of Aspen. S. The Fire District shall be responsible for the organiza- tion and maintenance of the fire department of the City of Aspen and the Fire Protection District , and the Volunteer Fire Depart- ment in the performance of its responsibility to the inhabitants of the area served by said fire department shall utilize the Fire Station building for meetings , training , the storage of equipment and such other purposes incidental and necessary for the operation of Fire Department. Further, the City and the Fire District agree that the Volunteer Fire Department may use the Fire Station , at no cost, for meetings and other uses in connection with the affairs of the Volunteer Fire Department . 9 . The Thrift Shop (with respect to the sublease of the Fire Station Annex Building located on Lot R) and the Fire Dis- trict shall save City harmless from any liability or injury to any person or damage to property on or about the Premises from any cause whatsoever, and shall procure , at their own expense , public liability insurance for the benefit of the Fire District, Thrift 5 I Shop and City with limits of not less than those amounts specified in Section 24- 10- 114 , C . R. S. 1973, as it may be amended from time to time. The. Fire District and Thrift Shop shall maintain such insurance in full force and effect during the term of this agree- ment and shall, furnish the City with a copy of such insurance policy or a certificate evidencing the issuance thereof prior to occupancy. As between Fire District and Thrift Shop, Thrift Shop agrees to pay for and maintain insurance coverage with respect to the Fire Station Annex Building and shall evidence such coverage as a condition of occupancy. 10 . The Fire District and the Thrift Shop agree to pay all damages for injuries to real or personal property growing out of any negligent act or deed or any omission to act of the Fire Dis- trict or Thrift Shop or their servants, agents or employees, aris- ing out of their use of the Premises and further covenant and agree to, indemnify, save, and keep the City harmless against all liabilities , judgments , costs , damages , and expense of and from any and all claims of any kind or nature whatsoever which may in any way come against the City for and on account of personal injuries and injury to real and personal property or to the loss of any personal property caused or claimed to have been caused as a result of any negligent act or deed or omission to act of the Fire District, Thrift Shop or their servants , agents or employees . 11 . All notices required hereunder shall be in writing and shall be deemed to have been given if either delivered personally or mailed by certified or registered mail to the parties to this agreement , at their respective addresses as follows , or to such other address as any party may so notify the others of in writing : City: Fire District : City Manager. AFPD City of Aspen P.O. Box 1021 130 South Galena Street Aspen, Colorado 81612 Aspen , Colorado 31611 Thrift Shop: 420 East Hopkins Aspen, Colorado 81611 6 12 . This agreement shall be binding upon and shall inure to the benefit of the City, Fire District, Thrift Shop and their respective successors and assigns . 13 . This agreement may be modified only by written agreement executed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY: By _ _ L. Stirling , Mayor A — ATTEST: y, .1 /�) • Kathryn S. Koch, City Clerk ASPEN FIRE PROTECTION DISTRICT By-< /. President ATTEST: oecretary - THE THRIFT SHOP, INC. / By Lvit.)�✓��;�!JZ� 1s C�___ President ATTEST: I - J CCKA_ Secretary'------------------------ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Fire Station Rezoning from Park to Public/SPA, Special Review for Parking DATE: September 28, 1982 Location: 420 Hopkins Avenue. Zoning: Park. Applicant' s Request: Rezoning from Park to Public/SPA to allow an addition to be built onto the existing fire station, and an addition by the fire district of a building on the east property line. Referral Comments: Engineering Department The only additional construction proposed at this time is the one-story thrift, shop excluding the office space and second floor housing shown in the architectural plans. If this is the case, it would seem that area utilities are adequate and sufficient parking is provided. Planning Office Review: It is clear at this point in time that there has been mis- communication concerning the approvals necessary for the addition of a bay on the fire station. The concept was mentioned at a Council meeting where general consensus was expressed and the representatives of the Fire District thought that constituted approval . The district obtained a building permit on this basis and now the additional bay is nearly finished. Subse- quently, at the Council meeting on September 13, the go-ahead was given for the construction of the building on the east side of the property, which will be leased to the Thrift Shop. The construction of that building is proceeding at the risk of the Fire District/Thrift Shop, but the decision was made to start the construction because of a. November 1st need to vacate their present lease space. Council is sponsoring the application to rezone. The rezoning action will be from "Park" to "Public/SPA". The situation is analagous to the rezoning to Public/SPA for the jail . The Planning Office feels that since the fire station is a public use and the thrift shop is "quasi-public" that this zoning category is the most appropriate. The intention of the "Public" zone as defined in the Municipal Code is "to provide for the development of governmental and quasi-governmental facilities for cultural , educational , civic and other governmental pruposes. " It should be noted that the building to be occupied by the Thrift Shop will be leased by them. It will be owned by the Fire District. All area and bulk requirements are "set by adopted plan for specially planned area" , hence the SPA overlay. This is not intended to be a full-blown SPA plan, rather its use is for the purpose of setting the area and bulk requirements and establishing the appropriate uses of the property. After a precise plan has been adopted, it constitutes the development regulations applicable to the specially planned area, and development must be consistent with the plan. There is no requirement for minimum lot area or internal floor area ratio. The area and bulk requirements recommended are as follows: Memo: Fire Station Rezoning Page Two September 28, 1982 Minimum lot width. 120 feet Minimum front yard: 5 feet Minimum side yard: 0 feet Minimum rear yard: 0 feet Maximum height: 26 Minimum distance between principal and accessory buildings: 0 feet Percent of open space required for building site: 1,834 feet (does not include area in front of existing fire station) External floor area ratio: 13,000 sq.feet The permitted uses for this SPA should be identical to those of the Public zone district. Required Parking (Sec. 24-4.5) is also set by special review. The parking proposed is 5 spaces on the alley side and as verified by the Engineering Department, is adequate for this proposal . To address the criteria for the evaluation of rezoning applications: (a) The site is presently in the CC zone, but the use has been a public use for years. It is within the vicinity of other public uses, namely the City Hall and the County Courthouse. (b) The green space offered by the park is being retained in the site design to some degree. Areas of outside seating will be designated and likely utilized to a greater degree than the park area in its present configuration. The goal of overall community balance is retained by this plan, in that a piece of green space in the heart of downtown is retained and an existing public use is legitimized. (c) The rezoning will allow the expansion of two uses which benefit the community, the Fire Station and the Thrift Shop. Planning 'Office Review: The Planning Office recommends that you recommend to Council the rezoning of the Fire Station property to "Public/SPA" and recommend the area and bulk requirements and permitted uses as outlined in this memo, and that special review approval be recommended for the five spaces outlined. I-- MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Fire Station Rezoning from Park to Public/SPA 1 DATE: November 8, 1982 APPROVED AS TO FORM: 7/ ' The fire station is adding an extra bay to their facility and .s plans f• , possible future expansion. They are also proposing construct • of a bu' ding on their east property line now, which will be leased by the Thrift Shop. Council has sponsored the application to rezone the site to Public/SPA. The Planning Office feels that since the fire station is a public use and the Thrift Shop is "quasi-public" that this zoning category is most appropriate. As the Fire Station is an essential governmental use, the proposed expansion is also exempt from the GMP. The SPA is necessary for the setting of area and bulk requirements. The standards listed in the Ordinance have been calculated with the possible expansion plans in mind. These area and bulk requirements will constitute the development regulations applicable to the specially planned area and development must be consistent with these or the SPA will have to be amended. The appropriate motion is: I move to adopt Ordinance 51 . " PUBLIC NOTICE RE: Rezoning of Fire Station Site and Adoption of Specially Planned Area PLEASE BE ADVISED that a Public Hearing will be held on Tuesday, September 28, 1982 at a meeting to begin at 5:00 p.m. in the Council Chambers of City Hall , 130 S. Galena, Aspen, Colorado before the Aspen Planning and Zoning Commission for the purpose of discussing the rezoning of the present location of the Fire Station and the adjacent Park parcel to the zoning category of "Public". Also to be initiated at the Hearing will be the adoption of a Specially Planned Area plan which will outline the uses and area and bulk requirements for the parcels. For further information please contact the Planning Office, 130 S. Galena, Aspen, 925-2020, ext. 223. s/Perry Harvey Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on September 9, 1982 City of Aspen Account. MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Engineering Of fice`- DATE : September 23 , 1982 RE: Aspen Fire Station Rezoning Having reviewed the application to rezone the Fire Station Park to Public/S.P.A. , the Engineering Department has the following comments: 1. The proposed addition to the fire station itself has been completed and therefore does not warrant comment. 2. As I understand the application, the only additional construction proposed at this time is the one story thrift shop excluding the office space and second floor housing shown in the architectural plans . If this is the case, it would seem that area utilities are adequate and sufficient parking is provided. JH/co • I MEMORANDUM • T0: City Attorney City Engineering Department .Building Department PLANNER: Colette Penne Aspen Fire Station - Rezoning ._ DATE: September 1 , 1982 • .,, ;Aittac i is an-application submitted on behalf of the Aspen Fire District resting a rezoning from Park to Public/S.P.A. The rezoning is to allow an addition to be built onto the existing fire station, and an addition by -the-fire dist-riot a building on the east property line. Please look over the application and return any comments to the Planning Office by .Monday. September 20th, as this item has been placed on a rescheduled City P3annimxg:d Boni ng Commission meeting agenda for September 28th. nirs. - r • AiM ii ui' Ici' August 31, 1982 Aspen Planning Department City Hall 130 S. Galena Aspen, Colorado 81611 ATTN: Colette Penne Dear Colette, The Aspen Fire District requests a rezoning from Park to Public/S.P.A. , in accordance with Section 24 - 12.3, whereby such rezoning may be initiated by the Aspen City Council . The rezoning in effect to allow the 20' - 0" addition on to the existing fire station and the addition by the fire district of a building on the east property line, shown by the enclosed drawings. These drawings will constitute the "Precise Plan" for the property. A description of the fire stations' thrift shop is contained in a separate letter, which is also enclosed. The drawings enclosed are: Sheets # 1-4 showing the building on the east property line; An engineered site plan showing the property and the existing building; A working drawing showing the Bay addition, Sheet #1 ; Drawing # 1-A showing the fire stations thrift shop building attached to the exsisting fire station. Sincerely, J.R. McCarthy JRM/llm ( 1 Enclosures a LEASE . E i THIS LEASE AGREEMENT made this day of1`1 . 1981, 'by and between CITY OF ASPEN, a Colorado Municipal Corpora- tion, as Lessor, and the ASPEN FIRE PROTECTION DISTRICT, a quasi- municipal corporation, as Lessee. W I T N E S S E T H: 1. WHEREAS, the CITY OF ASPEN is the owner of the land described as Lots 0 and P in Block 87 in and to the City and Town- site of Aspen, upon which is located the building known as the Fire Station. 2. AND, WHEREAS , the ASPEN FIRE PROTECTION DISTRICT is a Special Improvement District organized under the laws of the State of Colorado, and has occupied the fire station to provide fire protection to the CITY OF ASPEN and to the ASPEN FIRE PROTECTION DISTRICT, 3. AND, WHEREAS , the CITY OF ASPEN desires to lease to the ASPEN FIRE PROTECTION DISTRICT said premises referred to above including the fire station and the said District desires to lease said premises from the CITY OF ASPEN, NOW, THEREFORE, it is hereby mutually agreed as follows : 1. In consideration of the payment of the rent and the keeping and performance of the covenants and agreements by the said Lessee hereinafter set forth, the Lessor hereby lets , demises and leases unto the said Lessee the following described premises , situate in the 'County of Pitkin, State of Colorado, to-wit: Lot 0 and the West twenty-five (25) feet of Lot P, /4 Block 87 , City and Towns ite of Aspen, together/ with for a term of twenty (20) years , commencing on the 15th day of June , 1981 , and ending on the 15th day of June , 2001 . Upon agreement between the parties hereto, they may extend this lease upon the terms and conditions mutually agreeable between the parties hereto. • 2. The Lessee covenants and agrees as follows : a. • To pay the sum of Ten Dollars ( $10. 00 ) per year, in advance , as an annual rental , for the full term of this lease. b. Lessee shall furnish and pay for all utilities used in connection with said premises without cost or expense to Lessor. c. Lessee agrees to make any and all improvements , repairs and alterations desired by it at its own expense except ordinary repairs due to deteriora- tion of the premises , and the Lessee will repair all glass which may be broken on said demised premises from any cause whatsoever with other of the same quality and size , at its own cost and expense, and pay all repair bills promptly. All improvements , betterments and changes or altera- tions shall, at the expiration of this lease be and remain in said premises and belong to the Lessor as a further consideration of this lease. d. Prior to any construction of improvements on the herein leased property, the Lessee first obtain authorization from the Lessor. e. Lessee will use said premises for no purpose pro- hibited by the laws of the United States of Ameri- ca, or the State of Colorado, or the ordinances of the City of Aspen, and for no improper or question- able purpose whatsoever. f . Lessee will keep the sidewalks in front of and around said premises free from ice and snow, and that said sidewalks and premises be kept free from all litter, dirt, debris and obstruction and that it will keep said premises clean and in the sani- tary condition required by the ordinances and the 2 • • Health and Police requirements of said City of Aspen. g. Lessee will neither permit nor suffer disorderly conduct, noise or nuisance whatever about the said premises having a tendency to annoy or disturb any persons occupying adjacent premises . h. Lessee will neither hold nor attempt to hold the Lessor liable for any injury or damage proximate or remote, occurring through or caused by any repairs , alterations , injury or accident of the adjacent premises or other parts of the above premises not demised herein, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor liable for any injury or damage occasioned by defective electric wiring , or the breaking or stoppage of plumbing or sewerage upon said premises or upon adjacent premises , whether said breaking or stoppage results from freezing or otherwise. i . Lessee will neither permit nor suffer said premises , or the walls or floors thereof , to be endangered by overloading , nor said premises to be used for any purpose which would render the insur- ance thereon void or the insurance risk more haz- ardous . j . Lessee will promptly pay all assessments for utili- ties as the same shall become due and payable, required of them under this lease. 3. It is mutually understood and agreed that in case said premises shall become untenantable on account of damage by. fire , flood, or act of God, this lease may be thereupon terminated and all parties shall be therefter released from further liability hereunder. 3 • 4. No assent, expressed or implied, to any breach of any one or more of the covenants or agreements herein contained shall be deemed or taken to be a waiver of any succeeding or other breach. 5. The Lessee shall not sublet or assign the premises or arty part thereof without the prior written consent of the City Council for the City of Aspen. 6. The Lessee shall be responsible for the organization and maintenance of the fire department for the City of Aspen and the Fire Protection District, and the Volunteer Fire Department in the performance of its responsibility to the inhabitants of the area served by said department require space for meetings , training equipment and other equipment and facilities incidental thereto and that the Lessor and Lessee do mutually agree that the Volun- teer Fire Department may use said premises herein demised for meetings and other uses in connection with the affairs of said Volunteer Fire Department without cost to the Volunteer Fire Department ; and it is further understood and agreed that altera- tions and additions may be placed upon said premises for the bene- fit of said Volunteer Fire Department providing the expense of said improvements may lawfully be made by the City and/or the Dis- trict, or both, according to the laws of the State of Colorado and further providing that the Lessor and the Lessee consent to said improvements prior to the time they are made or constructed. LESSOR: CITY OF ASPEN, A Colorado • Municipal Corporation rl�By H- trap► Edel ayor ATTEST: athryn S. Koch City Clerk • • 4 • • • LESSEE: • • ASPEN FIRE PROTECTION DISTRICT By tJ .1.�- ► Pres ide ATTEST: • AdIr/ -fii� Secretary • / 1 i ■ 1 . , 1 1 ; 5 MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Fire Station Rezoning from Park to Public/SPA, Special Review for Parking DATE: October 12, 1982 -(/) _ Location: 420 Hopkins Avenue. Zoning: Park Applicant's Request: Rezoning from Park to Public/SPA to allow an addition to be built onto the existing fire station, and an addition by the fire district of a building on the east property line. Referral Comments: Engineering Department The only additional construction proposed at this time is the one-story thrift shop excluding the office space and second floor housing shown in the architectural plans. If this is the case, it would seem that area utilities are adequate and sufficient parking is provided. Planning Office Review: It is clear at this point in time that there has been mis- communication concerning the approvals necessary for the addition of a bay on the fire station. The concept was mentioned at a Council meeting where general consensus was expressed and the representatives of the Fire District thought that constituted approval . The district obtained a building permit on this basis and now the additional bay is nearly finished. Subse- quently, at the Council meeting on September 13, the go-ahead was given for the construction of the building on the east side of the property, which will be leased to the Thrift Shop. The construction of that building is proceeding at the risk of the Fire District/Thrift Shop, but the decision was made to start the construction because of a November 1st need to vacate their present lease space. Council is sponsoring the application to rezone. The rezoning action will be from "Park" to "Public/SPA". The situation is analagous to the rezoning to Public/SPA for the jail . The Planning Office feels that since the fire station is a public use and the thrift shop is "quasi-public" that this zoning category is the most appropriate. The intention of the "Public" zone as defined in the Municipal Code is "to provide for the development of governmental and quasi-governmental facilities for cultural , educational , civic and other governmental purposes. " It should be noted that the building to be occupied by the Thrift Shop will be leased by them. It will be owned by the Fire District. All area and bulk requirements are "set by adopted plan for specially planned area" , hence the SPA overlay. This is not intended to be a full-blown SPA plan, rather its use is for the purpose of setting the area and bulk requirements and establishing the appropriate uses of the property. After a precise plan has been adopted, it constitutes the development regulations applicable to the specially planned area, and development must be consistent with the plan. There is no requirement for minimum lot area or internal floor area ratio. The area and bulk requirements recommended are as follows: Memo: Fire Station Rezoning Page Two October 12, 1982 Minimum lot width: 120 feet Minimum front yard: 5 feet Minimum side yard: 0 feet Minimum rear yard: 0 feet Maximum height: 28 feet Minimum distance between principal and accessory buildings: 0 feet Percent of open space required for building site: 15% (does not include area in front of existing fire station) External floor area ratio: 1 .25:1 The permitted uses for this SPA should be identical to those of the Public zone district. Required Parking (Sec. 24-4.5) is also set by special review. The parking proposed is 5 spaces on the alley side and as verified by the Engineering Department, is adequate for this proposal . To address the criteria for the evaluation of rezoning applications: (a) The site is presently in the CC zone, but the use has been a public use for years. It is within the vicinity of other public uses, namely the City Hall and the County Courthouse. (b) The green space offered by the park is being retained in the site design to some degree. Areas of outside seating will be designated and likely utilized to a greater degree than the park area in its present configuration. The goal of overall community balance is retained by this plan, in that a piece of green space in the heart of downtown is retained and an existing public use is legitimized. (c) The rezoning will allow the expansion of two uses which benefit the community, the Fire Station and the Thrift Shop. P & Z Action and Planning Office Rec- commendation: The Planning and Zoning Commission recommended the rezoning of the Fire Station property to "Public/SPA" and recommended the area and bulk requirements as set out in the Ordinance and permitted uses as those allowed in the "Public" zone and further recommended that special review approval be given for the five parking spaces. Council Action: If Council agrees with the Planning and Zoning Commission action and the Planning Office recommendation, the appropriate motions are as follows: "I move to grant Special Review approval for the parking as outlined in the site plan for five spaces along the alley boundary. " "I move to read Ordinance No. 6-1 ." "I move to approve Ordinance No. 6- 1 . "