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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director v`V
FROM: Nick Lelack, Planner �11_
RE: Rezoning Yellow Brick School to Public Zone from Medium-Density
Residential (R-6) Zone -Public Hearing
DATE: October 19, 1999
SUMMARY:
In 1998,the City of Aspen purchased the Yellow Brick School. Subsequently, the
Yellow Brick Task Force and Tenant Committee, which consist of a variety of
community volunteers and neighbors, defined the building's public purposes to be
educational and community service in nature. The City currently leases Yellow Brick
space to 4 child care providers and 3 non-profit organizations.
Now, the City Recreation Department is applying to rezone the former school site
from Medium Density Residential (R-6) to Public (PUB). The R-6 zone district,
which is more suitable for a neighborhood school, allows child care centers as
conditional uses, but not non-profit organizations. The amended Public zone district
allows both uses, and is a more appropriate zone for a combined educational and
community service facility. In addition, 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, Recreation and Planning staff believe that rezoning
the former school site is the best mechanism to bring the existing uses into
compliance with the Land Use Code.
In 1993, the City purchased the Red Brick School, amended the Public zone district to
allow"Arts, cultural and recreational activities, buildings and uses", and rezoned the
site from R-6 to Public. The rezoning and text amendment also allowed non-profit
organizations and private artist studios to operate in the facility.
Concurrently requested via a separate memo and ordinance is a text amendment to
add "Private School" and"Child Care Centers"to the Public zone district and clarify
that non-profits are contained in the definition of Essential Public Facilities.
Together, rezoning the site and amending the Public zone district text will bring the
Yellow Brick's existing uses into compliance with the Land Use Code.
Staff recommends the Planning and Zoning Commission forward a
recommendation of approval to City Council to Rezone the Yellow Brick School
Parcel to the Public zone district,with no conditions.
1
APPLICANT:
Recreation Department, City of Aspen.
LOCATION:
215 N. Garmisch.
LOT SIZE:
1.4 acres.
ZONING:
Current: Medium-Density Residential (R-6).
Proposed.• Public (PUB)
CURRENT LAND USE:
The Yellow Brick leases space to 3 child care agencies, 1 private kindergarten, and 3
non-profit organizations. See specific uses below under"Background."
PROPOSED LAND USE:
The current land uses would continue and potentially expand inside the building.
Approximately 1,800 square feet inside the facility is planned to be remodeled to
make room for additional non-profit groups.
PREVIOUS ACTION:
The Commission has not previously considered this rezoning request.
However, in May 1998, the City Council approved the Yellow Brick Capital
Improvements. Included in the approval was a provision to make improvements to
the first floor, which leases space to child care providers, for safety reasons, energy
efficiency, as well as state child care regulations and the buildings esthetics. Another
provision was to upgrade the basement to create affordable space for non-profit
organizations.
REVIEW PROCEDURE:
Rezoning. The Planning and Zoning Commission shall consider the application at a
public hearing and recommend approval, approval with conditions, or denial to City
Council.
BACKGROUND:
The City contracts building management for the Yellow Brick School with First
Choice Properties. The building management includes overseeing all leases,
maintenance, and custodial services. Current Yellow Brick tenants include the
following:
Child Care Centers/Kindergarten
Aspen Waldorf School
Early Learning Center
Mare's Play Group
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Kid's Club
Non-Profit Organizations
Community Office for Resource Efficiency (C.O.R.E.)
Gay & Lesbian Community Fund
Aspen Interactive
In addition to the above tenants, the City plans to remodel 1,860 square feet of the
building for the use of additional non-profit groups in the near future.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission forward to City Council a
recommendation of approval to rezone Yellow Brick School to the Public Zone
District, with no conditions.
RECOMMENDED MOTION:
"I move to recommend City Council to rezone the Yellow Brick School to the Public
Zone District."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Public (PUB) Zone District provisions
Exhibit C -- Vicinity Map
Exhibit D -- Proposed P&Z Resolution
C:\home\Active Cases\Yellow Brick rezoning\PZ_MEMO.doc
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EXHIBIT A
STAFF COMMENTS: Yellow Brick Rezoning
Section 26.92.020, Standards Applicable to Amendments to the Land Use Code
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
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predominated in the neighborhood since the 19' 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 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.
F. 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.
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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 which
supports the rezoning 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.
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL REZONE YELLOW BRICK SCHOOL TO
THE PUBLIC (PUB) ZONE DISTRICT.
PARCEL NO. 2735-124-36850
Resolution #99 -
WHEREAS, a parcel of land located at Block 57, Lots A-F, plus vacated ally, City
and Townsite of Aspen, commonly referred to as "Yellow Brick School"; and,
WHEREAS,the property is approximately 1.4± acres; and,
WHEREAS,the City Council may approve Amendments to the Official Zone
District Map (Rezoning) after taking and considering recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
conformance with the review criteria set forth in Section 26.92; and,
WHEREAS,the Community Development Department analyzed the parcel of land
and recommended the property be included in the Public (PUB) Zone District; and,
WHEREAS, during a duly noticed public hearing on October 19, 1999, the Planning
and Zoning Commission took and considered public testimony and recommended, by a
to vote, City Council include this property in the Public (PUB) Zone District.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the City Council should include the land commonly referred to as Yellow Brick School
in the Public (PUB) Zone District, and direct the Community Development Director to
amend the Official Zone District Map accordingly.
APPROVED by the Commission at its regular meeting on October 19, 1999.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
CAhome\Active Cases\Yellow Brick rezoning\PZ_MEMO.doc
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, Plannerv\
RE: Code Amendment—Public Zone and Definitions of"Non-Profit
Organization" and "Essential Public Facility" - Public Hearing
DATE: October 19, 1999
SUMMARY:
In 1998,the City of Aspen purchased the Yellow Brick School. Subsequently, the
Yellow Brick Task Force and Tenant Committee, which consist of a variety of
community volunteers and neighbors, defined the building's public purposes to be
educational and community service in nature. The City currently leases Yellow Brick
space to child care providers and non-profit organizations.
The City Recreation Department is now applying to rezone the former school site
from Medium Density Residential (R-6)to Public (PUB). The R-6 zone district
allows private schools and child care centers, but not non-profit organizations. The
applicant believes the Yellow Brick's existing uses are within the intent of the Public
zone district. The purpose of the Public zone district as stated in the Land Use Code
is "to provide for the development of governmental and quasi-governmental
facilities for cultural, educational, civic and other governmental purposes."
However, the zone district does not allow a child care center, private school, or non-
profit uses. This poses an issue of creating non-conformities in the process of the
rezoning; the rezoning application has been concurrently submitted.
The applicant is proposing an amendment to add these uses to the Public zone
district's list of permitted and conditional uses. Specifically, the Recreation
Department is proposing to add "private school" and "public and private non-
profit uses providing a community service" to the list of permitted uses, and "child
care center" as a conditional use. A private school and child care center will fulfill
the purpose to provide educational services; and public and private non-profit uses
providing a community service satisfies the intent to provide an educational, civic, or
other governmental purpose.
In addition, there are two revisions to the definitions section of the Land Use Code.
The first revision is to add a definition for non-profit organization. Staff proposes the
following definition: "Non-profit organization: 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
1
compliance with the applicable provisions of the Colorado Revised Statutes
(CRS) Corporations and Associations articles 121 to 137."
The second revision in unrelated to the Yellow Brick School issues; this amendment
would delete duplicative language in both the "essential public facility" and "essential
services" definitions. Specifically, the following language would remain in the
"essential service" definition and be deleted from the "essential public facility"
definition: "The development or maintenance of commercial wireless
telecommunication services facilities and/or equipment is not an essential
service, but the development or maintenance of wireless telecommunication
services facilities and/or equipment used exclusively for police, fire and/or other
emergency response communication systems shall be considered essential
services."
This text amendment is submitted as part of the application package to rezone the
Yellow Brick School from Medium Density Residential (R-6) to Public (PUB).
Staff recommends the Planning and Zoning Commission forward a
recommendation of approval to City Council this text amendment concerning
the Public Zone and the definitions of"Non-Profit Organization" and "Essential
Public Facility."
APPLICANT:
Recreation Department, City of Aspen.
REVIEW PROCEDURE:
Text Amendment. The Planning and Zoning Commission shall consider the
application at a public hearing and recommend approval, approval with conditions, or
denial to City Council.
BACKGROUND:
The City navigated a similar rezoning and code amendment path after it purchased the
Red Brick School in 1993. Specifically, the City rezoned the Red Brick from R-6 to
Public and amended the Public zone district's list of permitted uses to include "arts,
cultural, and recreational activities, buildings, and uses." The outcome of the Red
Brick's rezoning and code amendment approvals was the creation of a community-
oriented arts and recreation facility occupied by public, private, and non-profit
organizations. The current Yellow Brick applications would effectively establish the
Yellow Brick as a community service center occupied by non-profit organizations,
public and private day care centers, and a private kindergarten.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission forward to City Council a
recommendation of approval to amend the Public Zone District and definitions of
"Non-Profit Organization" and"Essential Public Facility" as provided in the attached
Resolution.
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RECOMMENDED MOTION:
"I move to recommend City Council amend the Public Zone District and definitions
of the terms Non-Profit Organization and Essential Public Facility as provided in
Resolution 99- '
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Proposed P&Z Resolution
C:\home\Code Amendments\Public,Ess Public Facilities PZ_MEMO.doc
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL AMEND THE PUBLIC ZONE DISTRICT
USES AND DEFINITIONS OF "NON-PROFIT ORGANIZATION" AND
"ESSENTIAL PUBLIC FACILITY", SECTIONS 26.710.250 AND 26.104.090 OF THE
LAND USE CODE.
Resolution #99 -
WHEREAS,Pursuant to Section 26.304.040, the Planning and Zoning Commission
may initiate text amendments to the Land Use Code and did so initiate this text amendment
to the Land Use Code after considering a recommendation by the Community Development
Director; and,
WHEREAS,the City Council may approve Amendments to the text of the Land Use
Code after taking and considering recommendations from the Community Development
Director, the Planning and Zoning Commission made at a duly noticed public hearing, and
taking and considering public testimony at a duly noticed public hearing in conformance with
the review criteria set forth in Section 26.310; and,
WHEREAS,the Community Development Department analyzed the amendment,
pursuant to Section 26.310, and recommended adding "Private School" and"Public and
Private Non-Profit Uses for Community Services"to the Public zone district list of permitted
uses and"Child Care Center"to the Public zone district list of conditional uses, and
definitions of the term"Non-Profit Organization" be added and the term"Essential Public
Facility" be amended, as described herein; and,
WHEREAS, during a duly noticed public hearing on October 19, 1999, the Planning
and Zoning Commission considered a recommendation made by the Community
Development Director,took and considered public testimony, and recommended, by a_to
vote City Council amend the uses listed within the Public zone district and
definitions section of the Land Use Code, as described herein.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1
Section 26.710.250 (B. and C.) of the City of Aspen, Colorado Land Use Code is hereby
amended to include the new text, denoted by underline:
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);
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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.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) zone district, subject to the standards and procedures established in Chapter 26.425.
1. Maintenance shop;
2. Affordable housing; and
3. Child care center.
Section 2
Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to
include a new term and definition:
"Non-profit organization: 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 of the Colorado Revised Statutes
(CRS) Corporations and Associations articles 121 to 137."
Section 3
Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to
delete the following text from the term"Essential Public Facility" denoted by a line drawn
through the text:
Essential public facility. A facility which serves an essential public purpose, is
constructed or its use changed in response to the demands of growth, is not itself a
growth generator, is available for use by the general public or used for the benefit of
the general public, and serves the needs of the community. ThP a°.,°innm°„* nr
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APPROVED by the Commission at its regular meeting on November 2, 1999.
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APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
6
EXHIBIT A
STAFF COMMENTS: Code Amendment to Public Zone District
Section 26.92.020, Standards Applicable to Amendments to the Land Use Code
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 conditional 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 of just 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.
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
7
limited to, transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities.
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.
F. 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.
G. 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.
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:
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.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, Planner
RE: Rezoning Yellow Brick School to Public Zone from Medium-Density
Residential (R-6) Zone, and Code Amendment—Public Zone and
Definitions of"Non-Profit Organization" and "Essential Public Facility"
- Public Hearing
DATE: November 30, 1999
SUMMARY:
The City of Aspen Recreation Department submitted a 2-part application that requests (1)
rezoning the Yellow Brick School from Medium-Density Residential (R-6)to Public, and
(2) a Land Use Code amendment to the Public Zone District.
The code amendment would add private school and public and private non-profit uses
providing a community service to the list of permitted uses in the Public Zone District,
and child care center as a conditional use. Please note that the non-profit uses in this
facility would only be office space.
The Definitions section would add the following definition for a non-profit organization
and delete duplicative text from the essential public facility definition that is contained
in the essential public service definition:
Non-profit organization. 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 of the Colorado
Revised Statutes (CRS) Corporations and Associations articles 121 to 137.
Essential public facility. A facility which serves an essential public purpose, is
constructed or its use changed in response to the demands of growth, is not itself a growth
generator, is available for use by the general public or used for the benefit of the general
public, and serves the needs of the community. The. or „f
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ISSUES:
The Commission raised a number of issues during the first part of this public hearing and
asked staff to provide information on the following items:
1. Who are the current users of the Yellow Brick and Red Brick, and how many square
feet do they occupy.
The table below provides a list of tenants and the amount of space they occupy in terms
of square feet.
RED BRICK SCHOOL YELLOW BRICK SCHOOL
Tenant Square Feet Tenant Square Feet
Filmfest 420 C.O.R.E. 455
imsx
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Jazz Aspen 546 The Gay& Lesbian Fund 150
Aspen Community Institute" 72 Early Learning Center 6,665
,, ,� �y� � �:. /�,��� ��� yid .�/,/, � � /�i�1f,,,,iX �� row,.�•..:Y.'.
Arts Council 336 Kid's Club 3,216
Buddy Program 567 TOTAL 15,204
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Grassroots TV 1,214
KAJX 1,416
Ferrara 456
u .
Waller 274
Schermer 274
Weiss 545
TOTAL 13,608
2. How can parameters be established for the proposed uses?
Parameters can be established by making the proposed uses—private school, non-profit
organizations, and child care centers—conditional uses. The Planning and Zoning
Commission may approve, approve with conditions, or deny applications for anew or
expanded conditional use. This authority provides the Commission the opportunity to
attach conditions that establish parameters (i.e., time of operation) for approval of a new
or expanded conditional use.
2
3. How can the City require non-profit organizations to mitigate for the growth they
generate?
The Growth Management Quota System (GMQS) is designed to require businesses or
non-profit organizations to mitigate for the growth they generate based on the number of
new square feet they add to an existing building or square feet of a newly constructed
building. Non-profit organizations may be exempt from GMQS pursuant to Section
26.470.070(H)(3), which states that"the City Council may determine upon application
that development associated with a non-profit entity qualifies as an essential public
facility and may exempt such development from the growth management competition and
scoring procedures and from such mitigation requirements as it deems appropriate and
warranted."
This application is for a rezoning and code amendment and is not a development
application.
4. Who will occupy the renovated],800 square feet designated for non-profit office
space in the Yellow Brick basement?
According to Tim Anderson, Director of the Recreation Department, Jazz-Aspen is
planning to move from the Red Brick to the Yellow Brick. If the organization moves, it
will vacate 546 square feet of office space in the Red Brick for 1,000 square feet of office
space in the Yellow Brick.
Tim plans to send a public notice regarding the availability of the non-profit office space
to interested parties and neighbors. After accepting applications, the Yellow Brick
Tenant Committee convenes to evaluate the applications based on educational principles
and community services.
If the Commission and City Council decide to make any of the three proposed uses
conditional uses, the Planning Commission would then approve, approve with conditions,
or deny an application for a new or expanded conditional use in the Public Zone District,
and in this case the Yellow Brick School.
OPTIONS:
1. Approve the zone change to the Public Zone District, and add private school, non-
profit uses providing a community service to the zone district's list of permitted
uses, and add child care center to the list of conditional uses.
2. Approve the zone change to the Public Zone District, and add the three proposed uses
to the Public Zone District's list of conditional uses.
3. Deny the zone change and do not amend the Land Use Code. The existing
organizations can continue to operate in the Yellow Brick School and the basement
will be renovated for non-profit office space pursuant to the approved Yellow Brick
School Capital Improvement Plan.
3
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission forward to City Council a
recommendation of approval to rezone Yellow Brick School to the Public Zone
District; approval to add private school, non-profit uses providing a community
service to the zone district's list of permitted uses, and add child care center to the list
of conditional uses; and approval of the Definitions section regarding a new definition
for non-profit organizations and a modified definition of essential public facility.
RECOMMENDED MOTION:
"I move to recommend City Council to rezone the Yellow Brick School to the Public
Zone District, to amend the Public Zone District to include private school and non-
profit uses providing a community service to the list of permitted uses and child care
center to the list of conditional uses, and to add definition of non-profit organizations
as described herein to the Definitions section and modify the definition of essential
public facility also as described herein."
ATTACHMENTS:
Exhibit A -- Review Criteria& Staff Findings
Exhibit B -- Proposed P&Z Resolutions
C:\home\Active Cases\Yellow Brick rezoning\PZ_MEMO.doc
4
EXHIBIT A
REVIEW CRITERIA& STAFF FINDINGS: Code Amendment to Public Zone District
Section 26.92.020, Standards Applicable to Amendments to the Land Use Code
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 of just 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.
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.
5
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.
F. 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.
G. 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.
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:
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.
6
REVIEW CRITERIA& STAFF FINDINGS: Yellow Brick Rezoning
Section 26.92.020,Standards Applicable to Amendments to the Land Use Code
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 19`" 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
7
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.
G. 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.
H. 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 which
8
supports the rezoning from R-6 to Public, providing a more appropriate zone for combined
educational and community service 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:
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.
9
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL AMEND THE PUBLIC ZONE DISTRICT
USES AND DEFINITIONS OF "NON-PROFIT ORGANIZATION" AND
"ESSENTIAL PUBLIC FACILITY", SECTIONS 26.710.250 AND 26.104.090 OF THE
LAND USE CODE.
Resolution #99 -
WHEREAS, Pursuant to Section 26.304.040, the Planning and Zoning Commission
may initiate text amendments to the Land Use Code and did so initiate this text amendment
to the Land Use Code after considering a recommendation by the Community Development
Director; and,
WHEREAS,the City Council may approve Amendments to the text of the Land Use
Code after taking and considering recommendations from the Community Development
Director, the Planning and Zoning Commission made at a duly noticed public hearing, and
taking and considering public testimony at a duly noticed public hearing in conformance with
the review criteria set forth in Section 26.310; and,
WHEREAS,the Community Development Department analyzed the amendment,
pursuant to Section 26.310, and recommended adding "Private School" and "Public and
Private Non-Profit Uses for Community Services"to the Public zone district list of permitted
uses and "Child Care Center"to the Public zone district list of conditional uses, and
definitions of the term"Non-Profit Organization"be added and the term "Essential Public
Facility"be amended, as described herein; and,
WHEREAS, during a duly noticed public hearing on October 19, 1999, the Planning
and Zoning Commission considered a recommendation made by the Community
Development Director, took and considered public testimony, and recommended, by a_to
vote L.-J, City Council amend the uses listed within the Public zone district and
definitions section of the Land Use Code, as described herein.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1
Section 26.710.250 (B. and C.) of the City of Aspen, Colorado Land Use Code is hereby
amended to include the new text, denoted by underline:
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);
10
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.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) zone district, subject to the standards and procedures established in Chapter 26.425.
1. Maintenance shop;
2. Affordable housing; and
3. Child care center.
Section 2
Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to
include a new term and definition:
Non-profit organization: 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 of the Colorado Revised Statutes
(CRS) Corporations and Associations articles 121 to 137.
Section 3
Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to
delete the following text from the term"Essential Public Facility" denoted by a line drawn
through the text:
Essential public facility. A facility which serves an essential public purpose, is
constructed or its use changed in response to the demands of growth, is not itself a
growth generator, is available for use by the general public or used for the benefit of
the general public, and serves the needs of the community. rl}: ^r
Qquipme,lat is 1400 .111 e'Agcluial w )iGe WA tNc ^Y o r-@1QRC+
APPROVED by the Commission at its regular meeting on November 30, 1999.
11
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
12
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL REZONE YELLOW BRICK SCHOOL TO
THE PUBLIC (PUB) ZONE DISTRICT.
PARCEL NO. 2735-124-36850
Resolution #99 -
WHEREAS, a parcel of land located at Block 57, Lots A-F,plus vacated ally, City
and Townsite of Aspen, commonly referred to as "Yellow Brick School"; and,
WHEREAS,the property is approximately 1.4f acres; and,
WHEREAS,the City Council may approve Amendments to the Official Zone
District Map (Rezoning) after taking and considering recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
conformance with the review criteria set forth in Section 26.92; and,
WHEREAS,the Community Development Department analyzed the parcel of land
and recommended the property be included in the Public (PUB) Zone District; and,
WHEREAS, during a duly noticed public hearing on October 19, 1999, the Planning
and Zoning Commission took and considered public testimony and recommended, by a
_to vote, City Council include this property in the Public (PUB) Zone District.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the City Council should include the land commonly referred to as Yellow Brick School
in the Public (PUB) Zone District, and direct the Community Development Director to
amend the Official Zone District Map accordingly.
APPROVED by the Commission at its regular meeting on November 30, 1999.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
CAhome\Active Cases\Yellow Brick rezoning\Rezoning Code Amend2nd.doc
13
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, Planner
RE: Code Amendment—Public Zone and Definitions of"Non-Profit
Organization" and "Essential Public Facility" -Public Hearing
DATE: October 19, 1999
SUMMARY:
(/1 In 1998, the City of Aspen purchased the Yellow Brick School. Subsequently, the
Yellow Brick Task Force and Tenant Committee, which consist of a variety of
ommunity volunteers and neighbors, de fin the building's public purposes to be
educational and community service in nature. The City curren y eases Yellow Brick
pace to child care providers and non-profit organizations.
The City Recreation Department is now applying to rezone the former school site
-� from Medium Density Residential (R-6) to Public (PUB). The R-6 zone district
�� � allows private schools and child care centers, but not non-profit organizations. The
S
��
4P applicant believes the Yellow Brick's existing uses are within the intent of the Public
zone district. The purpose of the Public zone district as stated in the Land Use Code
v is "to provide for the development of governmental and quasi-governmental
facilities for cultural, educational, civic and other governmental purposes." 1 (�
�, •�`' However, the zone district does not allow a child care center, private school, or non-
proLLuses. This poses an issue of creating non-conformities in the process of the
rezoning; the rezoning application has been concurrently submitted.
The applicant is proposing an amendment to add these uses to the Public zone
(�aye district's list of permitted and conditional uses. Specifically, the Recreation
t, Department is proposing to add "private school' and "public and private non-
Prof.t ncpc nroviding a�community service" to the list o permitted uses, hild
care center" as a conditional use. A private school and child care center will fulfill
the purpose to provide educational services; and public and private non-profit uses
providing a community service satisfies the intent to provide an educational, civic, or
other governmental purpose.
In addition, there are two revisions to the definitions section of the Land Use Code.
The first revision is to add a definition for non-profit organization. Staff proposes the
following definition: "Non-profit organization: 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
1
compliance with the applicable provisions of the Colorado Revised Statutes
(CRS) Corporations andr Associations articles 121 to 137."
The second revision,n unrelated to the Yellow Brick School issues; this amendment
would delete duplicative language in both the "essential public facility" and "essential
services" definitions. Specifically, the following language would remain in the
"essential service" definition and be deleted from the "essential public facility"
definition: "The development or maintenance of commercial wireless
telecommunication services facilities and/or equipment is not an essential
service, but the development or maintenance of wireless telecommunication
services facilities and/or equipment used exclusively for police, fire and/or other
emergency response communication systems shall be,considered essential
services."
This text amendment is submitted as part of the application package to rezone the
Yellow Brick School from Medium Density Residential (R-6)to Public(PUB).
Staff recommends the Planning nd Zoning /this mmission forward a
g
recommendation of approval to City Council text amendment concerning
the Public Zone and the definitions of"Non-Profit Organization" and "Essential
Public Facility."
APPLICANT:
Recreation Department, City of Aspen.
REVIEW PROCEDURE:
Text Amendment. The Planning and Zoning Commission shall consider the
application at a public hearing and recommend approval, approval with conditions, or
denial to City Council.
BACKGROUND:
The City navigated a similar rezoning and code amendment path after it purchased the
Red Brick School in 1993. Specifically, the City rezoned the Red Brick from R-6 to
Public and amended the Public zone district's list of permitted uses to include "arts,
cultural, and recreational activities, buildings, and uses." The outcome of the Red
Brick's rezoning and code amendment approvals was the creation of a community-
oriented arts and recreation facility occupied by public, private, and non-profit
organizations. The current Yellow Brick applications would effectively establish the
Yellow Brick as a community service center occupied by non-profit organizations,
public and private day care centers, and a private kindergarten.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission forward to City Council a
recommendation of approval to amend the Public Zone District and definitions of
"Non-Profit Organization" and "Essential Public Facility" as provided in the attached
Resolution.
2
RECOMMENDED MOTION:
"I move to recommend City Council amend the Public Zone District and definitions
of the terms Non-Profit Organization and Essential Public Facility as provided in
Resolution 99- "
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Proposed P&Z Resolution
CAhome\Code Amendments\Public,Ess Public Facilities PZ_MEMO.doc
3
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL AMEND THE PUBLIC ZONE DISTRICT
USES AND DEFINITIONS OF "NON-PROFIT ORGANIZATION" AND
"ESSENTIAL PUBLIC FACILITY", SECTIONS 26.710.250 AND 26.104.090 OF THE
LAND USE CODE.
Resolution #99 -
WHEREAS, Pursuant to Section 26.304.040, the Planning and Zoning Commission
may initiate text amendments to the Land Use Code and did so initiate this text amendment
to the Land Use Code after considering a recommendation by the Community Development
Director; and,
WHEREAS,the City Council may approve Amendments to the text of the Land Use
Code after taking and considering recommendations from the Community Development
Director, the Planning and Zoning Commission made at a duly noticed public hearing, and
taking and considering public testimony at a duly noticed public hearing in conformance with
the review criteria set forth in Section 26.310; and,
WHEREAS,the Community Development Department analyzed the amendment,
pursuant to Section 26.310, and recommended adding "Private School" and"Public and
Private Non-Profit Uses for Community Services"to the Public zone district list of permitted
uses and "Child Care Center"to the Public zone district list of conditional uses, and
definitions of the term"Non-Profit Organization"be added and the term"Essential Public
Facility"be amended, as described herein; and,
WHEREAS, during a duly noticed public hearing on October 19, 1999, the Planning
and Zoning Commission considered a recommendation made by the Community
Development Director, took and considered public testimony, and recommended, by a_to
vote -�, City Council amend the uses listed within the Public zone district and
definitions section of the Land Use Code, as described herein.
NOW, THEREFORE BE IT RESOLVED by the Commission:
Section 1
Section 26.710.250 (B. and C.) of the City of Aspen, Colorado Land Use Code is hereby
amended to include the new text, denoted by underline:
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);
4
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.
C. Conditional uses. The following uses are permitted as conditional uses in the Public
(PUB) zone district, subject to the standards and procedures established in Chapter 26.425. S
1. Maintenance shop;
2. Affordable housing; and
3. Child care center.
Section 2
Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to
include a new term and definition:
"Non-profit organization: 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 of the Colorado Revised Statutes
(CRS) Corporations and Associations articles 121 to 137."
Section 3
Section 26.104.100 of the City of Aspen, Colorado Land Use Code is hereby amended to
delete the following text from the term "Essential Public Facility" denoted by a line drawn
through the text:
1`
Essential public facility. A facility which serves an essential public purpose, is
constructed or its use changed in response to the demands of growth, is not itself a
growth generator, is available for use by the general public or used for the benefit of
the general public, and serves the needs of the community. The,
1 the r
P/1111 Y1H1PH+ is H^�" /]H PC(P tia COPY[/1l�P 1111" the /"1 P�)P�l�Y\m PHA or.
S°
D
�� APPROVED by the Commission at its r r etin n November 2, 1999. Av
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
6
EXHIBIT A
STAFF COMMENTS: Code Amendment to Public Zone District
Section 26.92.020, Standards Applicable to Amendments to the Land Use Code
In reviewing an amendment to the text and official zone district map, the City Council and
the Commission shall consider:
U
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 Comprehens e Plan(AACP). The 6
1993 AACP called for the City to "Support and enhance the al use of the Yellow Vni
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 of just public schools.
C. Whether the proposed amendment is compatible with surrounding zone
districts and land uses, considering existing land use and neighborhood
characteristics. C
Staff Finding: v
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.
T
Staff Finding:
This proposed amendment will not effect traffic generation and road safety. Specific impacts
will be considered during individual conditional use review processes.
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
7
limited to, transportation facilities, sewage facilities, water supply, parks,
drainage, schools, and emergency medical facilities.
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.
F. 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.
G. 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.
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:
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.
8
1
e
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Nick Lelack, Planner
RE: Rezoning Yellow Brick School to Public Zone from Medium-Density
Residential (R-6) Zone - Public Hearing
DATE: October 19, 1999
SUMMARY:
In 1998, the City of Aspen purchased the Yellow Brick School. Subsequently, the
Yellow Brick Task Force and Tenant Committee, which consist of a variety of
community volunteers and neighbors, defined the building's public purposes to be
educational and community service in nature. The City currently leases Yellow Brick
space to 4 child care providers and 3 non-profit organizations.
Now, the City Recreation Department is applying to rezone the former school site
from Medium Density Residential (R-6) to Public (PUB). The R-6 zone district,
allows child care centers as
conditional uses, but not non-profit organizations. The amended Public zone district
allows both uses, and is a more appropriate zone for a combined educational and
community service facility. In addition,the Public zone district is more appropriate
for the property given the sale of the building from the Aspen School District tot e
i y o Aspen. For these reasons, Recreation and Planning staff believe that rezoning
the former school site is the best mechanism to rin the existing uses into
compliance with the Land Use Code.
In 1993, the City purchased the Red Brick School, amended the Public zone district to
allow"Arts, cultural and recreational activities, buildings and uses", and rezoned the
site from R-6 to Public. The rezoning and text amendment also allowed non-profit
organizations and private artist studios to operate in the facility.
Concurrently q requested via a separate memo and ordinance is a text amendment to
p
add "Private School" and"Child Care Centers"to the Public zone district and clarify
J� Together, rezoning the site and amending the Public zone district text will bring the
Yellow Brick's existing uses into compliance with the Land Use Code.
Staff recommends the Planning and Zoning Commission forward a
recommendation of approval to City Council to Rezone the Yellow Brick School
Parcel to the Public zone district,with no conditions.
1
APPLICANT:
Recreation Department, City of Aspen.
LOCATION:
215 N. Garmisch.
LOT SIZE:
1.4 acres.
ZONING:
Current: Medium-Density Residential (R-6).
Proposed: Public (PUB)
CURRENT LAND USE:
The Yellow Brick leases space to 3 child care agencies, 1 private kindergarten, and 3
non-profit organizations. See specific uses below under"Background."
PROPOSED LAND USE:
The current land uses would continue and potentially expand inside the building.
Approximately 1,800 square feet inside the facility is planned to be remodeled to
make room for additional non-profit groups.
PREVIOUS ACTION:
The Commission has not previously considered this rezoning request.
However, in May 1998, the City Council approved the Yellow Brick Capital
Improvements. Included in the approval was a provision to make improvements to
the first floor, which leases space to child care providers, for safety reasons, energy
efficiency, as well as state child care regulations and the buildings esthetics. Another
provision was to upgrade the basement to create affordable space for non-profit
organizations.
REVIEW PROCEDURE:
Rezoning. The Planning and Zoning Commission shall consider the application at a
public hearing and recommend approval, approval with conditions, or denial to City
Council.
BACKGROUND:
The City contracts building management for the Yellow Brick School with First
Choice Properties. The building management includes overseeing all leases,
maintenance, and custodial services. Current Yellow Brick tenants include the
following:
hild Care Centers/Kinder arten
Aspen Waldorf School O'^
Earl Learning Center ` V" i
Y g .I
AV"
Play Group '
C �
2
o �
Kid's Club
Non-Profit Organizations
Community Office for Resource Efficiency (C.O.R.E.)
Gay & Lesbian Community Fund
Aspen Interactive
In addition to the above tenants,the City plans to remodel 1,860 square feet of the
building for the use of additional non-profit groups in the near future.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission forward to City Council a
recommendation of approval to rezone Yellow Brick School to the Public Zone
District, with no conditions.
RECOMMENDED MOTION:
"I move to recommend City Council to rezone the Yellow Brick School to the Public
Zone District."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Public (PUB) Zone District provisions
Exhibit C --Vicinity Map
Exhibit D -- Proposed P&Z Resolution
C:\home\Active Cases\Yellow Brick rezoningTZ_MEMO.doc
3
EXHIBIT A
STAFF COMMENTS: Yellow Brick Rezoning
Section 26.92.020, Standards Applicable to Amendments to the Land Use Code
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
\Q/ Area Comprehensive Plan.
Staf indin :
The 19 3 Aspen Area Comprehensive Plan (AACP) calls for the support and enhancement of
the edu tional 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 urchased the property, the Yellow Brick School Task Force and Tenant
Committee 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
4
predominated in the neighborhood since the 19"' 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 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.
F. 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.
5
Staff Finding:
The City purcha$ed the Yellow Brick property fr m Aspen School District. The change in
ownership from �t! choolPtrict to the is a changed condition which
supports the rezoning 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.
6
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING CITY COUNCIL REZONE YELLOW BRICK SCHOOL TO
THE PUBLIC (PUB) ZONE DISTRICT.
PARCEL NO. 2735-124-36850
Resolution #99 -
WHEREAS, a parcel of land located at Block 57, Lots A-F, plus vacated ally, City
and Townsite of Aspen, commonly referred to as "Yellow Brick School"; and,
WHEREAS,the property is approximately 1.4f acres; and,
WHEREAS,the City Council may approve Amendments to the Official Zone
District Map (Rezoning) after taking and considering recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
conformance with the review criteria set forth in Section 26.92; and,
WHEREAS,the Community Development Department analyzed the parcel of land
and recommended the property be included in the Public (PUB) Zone District; and,
WHEREAS, during a duly noticed public hearing on October 19, 1999, the Planning
and Zoning Commission took and considered public testimony and recommended, by a
to vote, City Council include this property in the Public (PUB)Zone District.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the City Council should include the land commonly referred to as Yellow Brick School
in the Public (PUB) Zone District, and direct the Community Development Director to
amend the Official Zone District Map accordingly.
APPROVED by the Commission at its regular meeting on October 19, 1999.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney Robert Blaich, Chair
ATTEST:
Jackie Lothian, Deputy City Clerk
CAhome\Active Cases\Yellow Brick rezoning\PZ_MEMO.doc
7
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Directo
Joyce Ohlson, Deputy DirectorD
FROM: Nick Lelack, Planner *
RE: Rezoning Yellow Brick School to Public Zone from Medium-Density
Residential (R-6) Zone, and Code Amendment—Public Zone and
Definitions of"Non-Profit Organization" and "Essential Public Facility"
—Termination of Public Hearing
DATE: January 11, 1999
SUMMARY:
The City of Aspen Recreation Department("Applicant") submitted a 2-part application
that requests (1) rezoning the Yellow Brick School from Medium-Density Residential (R-
6) to Public, and (2) a Land Use Code amendment to the Public Zone District. The
Applicant has decided to withdraw the application and reconsider its approach to bringing
the Yellow Brick's uses into compliance with the Land Use Code.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission terminate the hearing on the
rezoning and code amendment applications.
RECOMMENDED MOTION:
"I move to recommend the termination on the hearings to rezone the Yellow Brick
School to the Public Zone District, and to amend the Public Zone District and
Definitions Sections of the Land Use Code."
ATTACHMENTS:
Exhibit A -- Applicant's request to terminate the public hearing
C:\home\Active Cases\Yellow Brick rezoning\TERMINATE HEARINGmemo.doc
1
r
Nick Lelack THE CITY OF ASPEN
City ofAspen
Community Development Department
December 30, 1999
co, _.., �
Nick,
The Recreation Department and the tenants of the Yellow Brick School would like to
withdraw at this time the application submitted fbr the rezoning of the properly. This
withdrawal is due only to allow time for addressing the issues before us. We wish to
reconsider the best approach for bringing the building's uses into compliance with the
land use code. We feel confident that we can find a solution that works well for all
parties at the Yellow Brick School. We hope to bring this application back to Planning&
Zoning within the next couple of months. Thank you for your assistance in this matter.
Respectfully
Tim Anderson
Recreation Director
City ofAspen
130 SOUTH GALENA STREET• ASPEN,COLORADO 81611 PHONE 970.920.5000 FAX 970.920.5197
Printed—Receded paper
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY*
PLANNER: Nick Lelack, 920-5095 DATE: 5/9/00
PROJECT: Yellow Brick
1. Rezoning from R-6 to Public
2. Land Use Code Amendment to the Public Zone District to Permit Non-
Profit Uses and Definitions Sections for a definition of Non-Profit.
3. Growth Management Quota System Exemption for Essential Public
Facilities
4. Approval of a Final Planned Unit Development
REPRESENTATIVES: Tim Anderson, Glenn Horn
OWNER: City of Aspen
LOCATION: 215 N. Garmisch
DESCRIPTION: The purpose of this application is bring the Yellow Brick School's
existing uses into compliance with the Land Use Code in manner
similar to the Red Brick Arts and Recreation Center.
Land Use Code Section(s) to Address in Application:
Please see Review Standards section below.
Review by: Planning and Zoning Commission, Growth Management Commission
City Council
Public Hearing: Yes at Planning and Zoning Commission, Growth Management
Commission and City Council
Referral Agencies: Engineer, Zoning
Planning Deposit: 0
Total Deposit: 0
To apply, submit the following information:
23 Copies of the complete application packet and maps (maps and plans for the
packets may be 81/2 X 14 or 11 X 17) - including:
(1) A written description of the proposal and a written explanation of how the
proposed development complies with the review standards relevant to the
development application. All review standards relevant to this project are listed
below.
(2) The precise wording of the Code Amendment proposed amendments.
(3) Zone District information for the parcel; specifically:
1. The present zone district classification and existing land uses of the real property proposed
to be amended.
2. The area of the property proposed to be amended, stated in square feet or acres, or a major
fraction thereof.
(4) 81/2X 11 vicinity map showing the location of the parcel in the City of Aspen
(5) Site improvement survey (81/2 X 14 or 11 X 17) depicting:
• Existing natural and man-made site features.
• Existing topography and categorization of site slopes falling within the thresholds
described in General Provisions, Section 26.445.040.
• All legal easements and restrictions.
(6) Site plan depicting the proposed layout and the project's physical relationship to
the land and its surroundings (81/2 X 14 or 11 X 17); and
(7) A detailed description and site plan of the proposed development including a
statement of the objectives to be achieved by the PUD and a description of the
proposed land uses, densities, natural features, traffic and pedestrian
circulation, off-street parking, open space areas, infrastructure improvements,
and site drainage.
(8) An architectural character plan indicating 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 proposed
development.
(9) A landscape plan depicting:
• The type, location, and size of all existing plant materials and other landscape features.
• The proposed method of protecting vegetation through construction.
• The type and location of all proposed plant materials, other landscape features, proposed
treatment of ground surfaces and erosion control, and a plant material schedule with
common and botanical names, sizes, and quantities.
(10) A statement specifying the public facilities that will be needed to accommodate the proposed
development, and what specific assurances will be made to ensure the public facilities will be
available to accommodate the proposed development.
(11) A statement specifying the method of maintaining any proposed common areas on the site,
including but not limited to common parking areas, walkways, landscaped areas, and
recreational facilities, and what specific assurances will be made to ensure the continual
maintenance of said areas.
(12) A description of the dimensional requirements requested to be established through the
review.
(13) A description of any proposed project phasing detailing the specific improvements proposed
for each phase, if applicable.
Please also submit three (3) 24" X 36" copies of all maps (site improvement survey, site plan,
landscape plan etc.)
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Please submit 1 copy of the following information:
1. Contained within a letter signed by the applicant, the applicant's name, address and
telephone number, and the name, address, and telephone number of any representative
authorized to act on behalf of the applicant.
2. The street address, legal description, and parcel identification number of the property
proposed for development.
3. A disclosure of ownership of the parcel proposed for development, consisting of a
current certificate from a Title insurance company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
The foregoing summary is advisory only and is not binding on the City. The opinions
contained herein are based on current zoning and regulations, which are subject to
change in the future, and upon factual representations that may or may not be accurate.
The summary does not, in any way, create a legal or vested right.
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REVIEW STANDARDS
26.310.040 Standards of review for Rezoning and Land Use Code Amendments.
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this Title.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area Community
Plan.
C. Whether the proposed amendment is compatible with surrounding zone districts and land uses,
considering existing land use and neighborhood characteristics.
D. The effect of the proposed amendment on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on public
facilities, and whether and the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and emergency medical facilities.
F. Whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community character in
the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the surrounding
neighborhood which support the proposed amendment.
I. Whether the proposed amendment would be in conflict with the public interest and whether it is
in harmony with the purpose and intent of this Title.
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26.445.050 Review Standards: Final PUD.
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.
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.
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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.
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:
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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:
a) 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.
b) The approved dimensional requirements for all lots within the PUD
are required to be reflected in the final PUD development plans.
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.
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.
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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.
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 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.
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.
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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.
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 with a deed restriction against future residential,
commercial, or industrial development.
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.
L 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
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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.
j. Phasing of Development Plan. (does not apply to Conceptual PUD
applications)
The purpose of this 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.
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26.470.470(H) GMQS Exemptions - 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.
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
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:
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.
3. Notwithstanding the criteria-as-set forth in sub Sections-(1) and (2), above,-the City
Council may determine upon application that development associated with a nonprofit entity
qualifies as an essential public facility and may exempt such development from the growth
management competition and scoring procedures and from such mitigation requirements as it
deems appropriate and warranted.
LAND USE APPLICATION
PROJECT:
Name:
Location:
(Indicate street address, lot& block number, legal description where appropriate)
APPLICANT:
Name:
Address:
Phone#:
REPRESENTATIVE:
Name:
Address:
Phone#:
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt.
❑ Special Review ❑ Final PUD(&PUD Amendment) ❑ Final Historic Development
❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt.
❑ GMQS Allotment ❑ Final SPA(& SPA Amendment) Historic Demolition
❑ GMQS Exemption ❑ Subdivision Historic Designation
❑ ESA- 8040 Greenline, Stream ❑ Subdivision Exemption(includes Small Lodge Conversion/
Margin,Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
Lot Split ❑ Temporary Use ❑ Other:
E] Lot Line Adjustment ❑ Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.)
PROPOSAL: (description of proposed buildings, uses,modifications, etc.)
I F_
Have you attached the following? FEES DUE: S
Pre-Application Conference Summary
❑ Attachment#1, Signed Fee Agreement
❑ Response to Attachment 42, Dimensional Requirements Form
Response to Attachment#3, Minimum Submission Contents
❑ Response to Attachment#4, Specific Submission Contents
❑ Response to Attachment#5, Review Standards for Your Application
�- ;,�. sec -t,, 726 F :77 EXIir�lf/!� �!
' ORDINANCE N0.22
( (SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-6 MEDIUM DENSITY RESIDENTIAL TO PUBLIC (PUB) , GROWTH MANAGEMENT
QUOT SYSTEM EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, AND
APPROVAL OF A FINAL PUD (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN
FOR T ASPEN ARTS AND RECREATIONAL CENTER (F.K.A. THE RED BRICK
EL NTARY SCHOOL) LOCATED AT 110 E. HALLAM (LOTS A-I AND K-S,
INCL DING THE ALLEY IN BLOCK 64, AND LOTS E,F,G AND PART OF LOTS
A, AND C, BLOCK 71) , IN THE CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO..
a'v WHEREAS, on January 14 , 1993 , the City of Aspen purchased the
\ ormer Red Brick Elementary school for-the purpose of creating a
ommunity-oriented arts and recreation facility; and
t WHEREAS, the City Council appointed a citizen' s advisory group
known as the Red Brick Committee to recommend appropriate uses and
development scenarios for the structure; and
WHEREAS, the City intends to lease portions of the building
for non-profit arts related organizations for offices and studio
spaces, for-profit studio spaces, and for use by the City
Recreation Department for office space and the gymnasium; and
WHEREAS, the Aspen Area Community Plan established a goal to
rezone the former school site to Public; and
WHEREAS, the City of Aspen (Applicant) submitted an
application (the "Plan") to the Planning Office for rezoning of the
former school site from R-6 (medium Density Residential) to Public
(PUB) , GMQS Exemption for Essential Public Facilities, Special
Review for Parking, and Final (Consolidated) PUD review, in
conjunction with a code amendment to the Public (PUB) zone district
to allow "arts, cultural and recreational activities, buildings and
uses" ; and
1
B 728 PG 278
WHEREAS, the Planning Office received referral comments from
the City Engineer, Housing Office, and Water Department; and
WHEREAS, upon review of the application, referral comments,
and the applicable code standards, the Planning Director forwarded
a recommendation for approval of the Plan with conditions to the
Planning and Zoning Commission; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205 (A) (5) (b) of the Municipal code and did conduct
a public hearing thereon on April 13 , 1993 ; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 9 of Article
7 (Planned Unit Development) , Division 4 of Article 7 (Special
Review) , Division 11 of Article 7 (Zoning Map and Text Amendment) ,
Section 8-104 (C) (1) (b) of Article 8 (Growth Management Quota
System Exemptions by City Council for Essential Public Facilities) ,
the Planning and Zoning commission has recommended final approval
of the Aspen Arts and Recreation Center subject to conditions, to
the City Council; and
WHEREAS, the Planning and Zoning commission further granted
Special Review approval for parking in a Public (PUB) zone
district; and
WHEREAS, the Aspen City Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those
2
P*' 728 "'G 279
recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council f inds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, with conditions, is consistent with the goals and elements
of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-7-903 B.4 . of the Municipal
Code, and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
Plan ' s planned unit development dimensional requirements component:
1. The Developer' s final plan submission is complete and
sufficient to afford review and evaluation for approval.
2 . The Plan is consistent with the Aspen Area community
Plan.
3 . The Plan is consistent with the character of existing
land uses in the surrounding area.
4 . The Plan will not adversely affect the future development
of the surrounding area.
5 . The Plan approval is being granted only to the extent to
which GMQS exemptions are obtained by the applicant.
Section 2: Pursuant t8 the findings set forth in section 1 above,
the City Council grants -consolidated Final PUD development plan
approval for the Aspen Arts and Recreation Center subject to the
following conditions:
3
728 G; 280
Da
1. Prior to issuance of the Certificate of Occupancy the 35
on-site parking spaces shall be striped and signed for
use by users of the Aspen Arts and Recreation Center.
2. Prior to or within 6 months of the issuance of the
Certificate of Occupancy, a landscaped buffer shall be
installed between the parking area and the trail on the
north side of the subject property.
3 . Prior to the issuance of a Certificate of Occupancy, a
drop-off parking area shall be dedicated in front of the
building along East Hallam Street pursuant to
recommendations of the Parking and Transportation
Director.
4 . Any improvement to the parking in the Garmisch St. right-
of-way must be coordinated with the Engineering
Department.
5. Prior to the issuance of a Certificate of Occupancy, an
easement must be established for a 141 wide trail,
electric switchgear, and other utility or pedestal needs.
6 . Prior to the issuance of a Certificate of Occupancy the
two water service lines to the building must be properly
metered.
7 . The applicants shall agree to join any future improvement
districts which may be formed for the purpose of
constructing improvements in the public right-of-way.
8 . The actual dimensions shall be the dimensional
requirements of this PUD development plan:
a. Minimum distance between buildings - 101
b. Maximum height (including viewplanes) - 251
C. Minimum front yard - 101 (except 41 at southeast
entry,
d. minimum rear yard - 15 ,
e. Minimum side yard - 51
f . Minimum lot width - 601
9- minimum lot area - 6, 000 square feet
h. Trash access area - see provided survey
i. External and internal floor area ratio - . 75: 1
j . Minimum percent open space - no requirement
9 . The Final PUD Development Plan and PUD Agreement shall
be recorded in the office of the Pitkin County Clerk and
Recorder. Failure on the part of the applicant to record
the documents within a period of one hundred and eighty
(180) days following approval by the City Council shall
render the approvals invalid, unless reconsideration and
approval of both the Commission and City Council is
4
C..
Hir, 728 PS 281
obtained before their acceptance and recording.
10. The City shall require that annual tenant leases and/or
sub-leases include stipluations for auto-disincentives
and measures to reduce parking demand and congestion in
the immediate neighborhood.
11. The traffic mitigation portion of the PUD plan shall be
reviewed by City Council after the first and third years
of operation.
Section 3: Pursuant to Section 24-8-104 C. 1.b. of the Municipal
Code, the City Council finds as follows in regard to the
Applicant's request for Growth Management Quota System development
exemption for essential public facilities:
1. Arts and recreation have historically provided cultural
enrichment to the citizens of the City of Aspen without
which the City would not have attained its present
character and standing in the national and international
community. The City' s proposal for use of the former
school building as a center for non-profit arts related
studios and offices, limited area for for-profit studios,
and recreation offices and activities will enhance the
art and recreation experiences for the citizens of the
City of Aspen and the general public.
2 . The use of the building for for-profit artist studio
space is limited to 5% of the structure pursuant to the
financial bonding requirements for the building.
Furthermore, the artist studio . space is intended to be
educationally oriented to allow citizens of Aspen and the
general public the opportunity to observe artists
practicing their skills.
Section 4: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the zoning map
amendment component of the Plan:
1. The proposed zoning amendment as set forth in the Plan
are not in conflict with the provisions of Chapter 24 of
the Municipal Code or the Aspen Area Community Plan.
2 . The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3 . The proposed zoning amendment will not adversely impact
5
728 PG 282
e r-j::
traffic generation or road safety when taken into
consideration with the other aspects of the Plan.
4. The proposed zoning amendment will promote the public
interest and character of the City of Aspen.
Section 5 : Pursuant to Section 24-7-1102 and 24-7-1103 , and
Division 2 of Article 5 of Chapter 24 of the Municipal Code, and
findings set forth in Section 5 above, the City Council does grant
the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the conditions as specified below:
1. The Public (PUB) zone district shall be applied to Lots
A-I and K-S, including the alley in Block 64, and Lots
E, F,G and part of Lots A,B,and C in Block 71, in the City
and Townsite of Aspen.
Section 6 : All material representations and commitments made by
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning commission and 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
other specific conditions.
Section 7 : The official Zone District Map for the City of Aspen,
Colorado, shall be and is hereby amended to reflect the rezoning
action as set forth in Section 6 above and such amendment shall be
promptly entered on the Official Map in accordance with Section
24-5-103 B. of the Municipal Code.
Section 8•
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement of any action or proceeding now
6
728 283
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 of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 10: The City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof. Such notice shall be given in the following form:
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 Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 11•
That the City Clerk is directed', upon the adoption of this
ordinance, to record a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
Section 12 •
A public hearing on the Ordinance shall be held on the /<51 day
of , 1993 at 5:00 in the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
7
-35_ F�ec 728 F'G 284
3 6-� . , i . 0-3 -1
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the t4p day of
awx-ez 1993 .
John Bennett, Mayor
Attest:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this /:��day of
1993 .
John/bennett, Mayor
Attest:
Kathryn Koch, City Clerk
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
}
SS. TO ASPEN LAND USE REGULATION
State of Colorado } SECTION 26.304.060 (E)
I,� il/t S �J'Od4 , being or representing an
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060 (E) of the Aspen Land Use Regulations in the
following manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid
U.S. Mail to all owners of property with three hundred (300) feet of the subject
property, as indicated on the attached list, on the day of , 199'(which is Zd
days prior to the public hearing date of
2. By posting a sign in a conspicuous place on the subject property (as it could be seen
from the nearest public way) and that the said sign was posted and visible continuously
from the day of , 199 . (:Must be posted for at least ten (10) full
days before the hearing date). A photograph of the posted sign is attached hereto.
s
ignature
Signed before me this day
,IgSflby
f 9�_'"" WITNESS MY HAND AND OFFICIAL SEAL
UIc - I
ze My commission
xm OO_..•....NO
Notary y Pusi s
Notary Pu ; ;\Signa a ,qty
�f db1ON
COOPER JOHN VICENZI GEORGE A FABRY PAUL A
PO BOX 1747 PO BOX 2238 1127 BOURBON ST
SPRINGFIELD,MO 65805 ASPEN, CO 81612 NEW ORLEANS, LA 70116
VICKERY JACK H WEST END PARTNERSHIP LLC NEW ROBERT&MONICA
100 S SPRING ST 520 E COOPER AVE 11414 N BAYSHORE DR
ASPEN,CO 81611 ASPEN,CO 81611 NORTH MIAMI,FL 33181
PENINSULA LLC ERICKSON BERYL ARTHUR&MARY ERWIN GREGORY D
HCR 64 B 200 ELIZABETH 11248 JOHN GALT BLVD
PO BOX 1207
BROKLIN,ME 4616 ASPEN, 12 81612 OMAHA,NE 68137
ROBINSON MARYBELLE S CITY OF ASPEN NOLAN ELAINE L
2552 E ALAMEDA ST#97 130 S GALENA ST 148 GLENRIDGE PKWY
DENVER, CO 80209 ASPEN, CO 81611 EL DORADO,AR 71730
HENRY FREDERICK B BENNINGHOFF ESTHER SMART PAMELA
100 W HALLAM ST 233 W HALLAM AVE 3351 WOODHAVEN RD
ASPEN,CO 81611 ASPEN, CO 81611 ATLANTA,GA 30305
WEST PHILLIP N& SUSAN J MUNDAY TRUST NUMBER ONE CITY OF ASPEN
2114 MT CALVARY RD PO BOX 1689 130 S GALENA ST
SANTA BARBARA,CA 93105 AUSTIN,TX 78767 ASPEN,CO 81611
GORDON LETICIA B FESUS GEORGE J& SUSAN C STEVENS LESLEY 4.25%INT
4101 QUAIL PARK DR PO BOX 9197 STEVENS BRUCE 95.75%INT
W DES MOINES,IA 50265 ASPEN, CO 81612 214 W BLEEKER ST
ASPEN,CO 81611
DAVIS WILLIAM LLOYD GORMAN JAMES& PATRICIA KRUMM DONALD PAUL
TRUSTEE OF DAVIS LIVING TRUST 1426 ROSE GLEN RD PO BOX 874
4924 BALBOA BLVD#489 GLADWYNE,PA 19035 ASPEN,CO 81612
ENCINO,CA 91316
JOHNSON RICHARD&MONTAE IMBT PALMER COMMUNICATIONS INC SUTTON KERMIT S&JENNY W
6820 BRADBURY CIO KERMIT S SUTTON 801 12TH AVE S STE 400
DALLAS,TX 75230 801 12TH AVE S STE 400 NAPLES,FL 33940
NAPLES,FL 33940
DE WOLF NICHOLAS M D W ENTERPRISES INC GROSSE ADELINE M REVOCABLE
233 W BLEEKER ST COLORADO CORPORATION LIVING TRUST
ASPEN,CO 81611 233 W BLEEKER GROSEE EDWIN J&ADELINE M
ASPEN, CO 81611 TRUSTESS
100 E BLEEKER ST
ASPEN,CO 81611
KETTELKAMP GRETTA M BROCKWAY LEXIE SAUNDERS MARGARET W
3408 MORRIS AVE 7714 FISHER ISLAND DR 231 ENCINO AVE
PUEBLO,CO 81008 FISHER ISLAND,FL SAN ANTONIO, TX 74609
PEVEHOUSE DON D GSW FAMILY INVESTMENT LTD WILLE O LOUIS&FRANCES
PO BOX 7757 PARTNERSHIP LYNETTE 32%INT
ASPEN, CO 81612 1300 CHAPLINE ST 200 W MAIN ST
WHEELING, WV 26003 ASPEN,CO 81611
GSW FAMILY INVESTMENT LTD HOGUET CONSTANCE M HOGUET CONSTANCE M
PARTNERSHIP 333 E 68TH ST 333 E 68TH ST
RD#1 BOX 110 NEW YORK,NY 10021 NEW YORK,NY 10021
WHEELING, WV 26003
SADLER PRISCILLA ANNE TRUSTEE WEESE KATE B IRREV TRUST NO 2 BROWN ROBERT STICKLER&
FOR SANDRA LEA
SADLER PRISCILLA A REVOC TRUST 314 W WILLOW RD 1115 20TH ST
PO BOX 2989 CHICAGO, IL 60614 WEST DES MOINES, IA 50265
ASPEN,CO 81612
ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD
121 W BL DIANE B PARTNERSHIP PARTNERSHIP
121 W , CO 816R ST A MICHIGAN LTD PARTNERSHIP 250 MARTIN ST STE#100
ASPEN, CO 81611 250 MARTIN ST STE#100 BIRMINGHAM,MI 48009
BIRMINGHAM, MI 48009
ASPEN MAIN LP ASPEN HOTEL PARTNERS LTD KING LOUISE LLC
ASPEN PROPERTIES C/O PARTNERSHIP A COLORADO LIMITED LIABILITY
PO BOX 10502 250 MARTIN ST STE#100 CO
ASPEN,CO 81612 BIRMINGHAM,MI 48009 PO BOX 1467
BASALT, CO 81621
ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD
PARTNERSHIP PARTNERSHIP PARTNERSHIP
250 MARTIN ST STE#100 250 MARTIN ST STE#100 250 MARTIN ST STE#100
BIRMINGHAM,MI 48009 BIRMINGHAM,MI 48009 BIRMINGHAM,MI 48009
ASPEN HOTEL PARTNERS LTD WILLE O LOUIS& FRANCES ASPEN HOTEL PARTNERS LTD
PARTNERSHIP LYNETTE 76% PARTNERSHIP
250 MARTIN ST STE#100 200 W MAIN ST 250 MARTIN ST STE#100
BIRMINGHAM,MI 48009 ASPEN, CO 81611 BIRMINGHAM,MI 48009
ASPEN HOTEL PARTNERS LTD FRINK ALBERT A TRUST ASPEN HOTEL PARTNERS LTD
PARTNERSHIP PARTNERSHIP
250 MARTIN ST STE#100 350 BUENA
NEWPORT VISTA BEACH 250 MARTIN ST STE#100
BIRMINGHAM,MI 48009 NE , CA 92661 BIRMINGHAM, MI 48009
ASPEN HOTEL PARTNERS LTD JOHNSON HELENE L ASPEN HOTEL PARTNERS LTD
PARTNERSHIP PARTNERSHIP
225 PLANTATION CIR S
250 MARTIN ST STE#100 POINT VEDRA BEACH,FL 32082 250 MARTIN ST STE#100
BIRMINGHAM, MI 48009 BIRMINGHAM, MI 48009
OKSENHORN CANDICE& STEWART DURANT AND ORIGINAL US WEST COMMUNICATIONS
124 N GARMISCH ST ASSOCIATES INC
PO BOX 7846 6300 S SYRACUSE WAY STE 700 N
ASPEN,CO 81611 ASPEN, CO 81612 ENGLEWOOD, CO 80111
ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD DURANT AND ORIGINAL
PARTNERSHIP PARTNERSHIP ASSOCIATES INC
250 MARTIN ST STE#100 250 MARTIN ST STE#100 PO BOX 7846
BIRMINGHAM,MI 48009 BIRMINGHAM, MI 48009 ASPEN, CO 81612
SEMRAU TIMOTHY W DURANT AND ORIGINAL PIETRZAK FAMILY LTD
128 N GARMISCH ASSOCIATES INC PARTNERSHIP
ASPEN,CO 81611 PO BOX 7846 COLORADO LTD PARTNERSHIP
ASPEN, CO 81612 1796 E SOPRIS CREEK RD
BASALT,CO 81621
DURANT AND ORIGINAL EDGAR THOMAS A HOTEL ASPEN LTD
ASSOCIATES INC 116 N GARMISCH C/O ASPEN GROUP
PO BOX 7846 ASPEN, CO 81611 415 E MAIN#210
ASPEN,CO 81612 ASPEN,CO 81611
DURANT AND ORIGINAL MARCUS MARTIN L&FANNON JOHN DURANT AND ORIGINAL
ASSOCIATES INC H ASSOCIATES INC
PO BOX 7846 C/O LEFF MARILYN PO BOX 7846
ASPEN,CO 81612 7660 BEVERLY BLVD APT#365 ASPEN,CO 81612
LOS ANGELES,CA 90037
SLOVITER DAVID ZATS JULIE DURANT AND ORIGINAL
1358 ROBIN HOOD RD 118 N GARMISCH ASSOCIATES INC
PO BOX 7846
MEADOWBROOK,PA 19046 ASPEN,CO 81611 ASPEN,CO 81612
BOYNTON FRANK E& ELIZABETH J HOTEL ASPEN LTD GARCIA SCOTT D
528 SAND BEND DR ASPEN HOTEL PARTNERS LTD 120 N GARMISCH
KERRVILLE, TX 78028 250 MARTIN ST STE#100 ASPEN, CO 81611
BIRMINGHAM,MI 48009
BROWN MICHAEL HAYDEN 2/3 PRICE DOUGLAS S PRICE DOUGLAS L
250 MARTIN ST STE 100 8611 MELWOOD RD 8611 MELWOOD
BIRMINGHAM,MI BETHESDA,MD 20817 BETHESDA,MD 20817
PIETRZAK BOB& SUE LLC KAPLAN WILLIAM M AND KATE DURANT AND ORIGINAL S INC
ASSOCIATES 1796 E SOPRIS CREEK RD PO BOX 406 AS AS BOX 78E
BASALT,CO 81621 MILFORD, DE 19963 ASPEN,CO 81612
BROWN MICHAEL HAYDEN 2/3 DURANT AND ORIGINAL PRICE DOUGLAS L AND VALERIE
250 MARTIN ST STE 100 ASSOCIATES INC 8611 MELWOOD RD
BIRMINGHAM,MI PO BOX 7846 BETHESDA,MD 20817
ASPEN,CO 81612
DURANT AND ORIGINAL BROWN MICHAEL H SILVERSTEIN PHILIP
ASSOCIATES INC 250 MARTIN ST STE 100 SILVERSTEIN ROSALYN
PO BOX 7846 BIRMINGHAM, MI 25 KNOLLS CRESCENT
ASPEN, CO 81612 BRONX,NY 10463
120 EAST MAIN PARTNERS LLC BROWN MICHAEL HAYDEN 2/3 BROWN MICHAEL HAYDEN 2/3
120 E MAIN ST 250 MARTIN ST STE 100 250 MARTIN ST STE 100
ASPEN,CO 81611 BIRMINGHAM, MI BIRMINGHAM,MI
BROWN ANTHONY LUBIN RICHARD G PIETRZAK FAMILY LTD
C/O FOX GRACE 1217 S FLAGLER DR 2ND FL FLAGLER PARTNERSHIP
250 MARTIN ST STE#100 PLAZA COLORADO LTD PARTNERSHIP
BIRMINGHAM,MI 48011 WEST PALM BEACH, FL 33401 1796 E SOPRIS CREEK RD
BASALT,CO 81621
ASPEN HOTEL PARTNERS LTD
PARTNERSHIP FOSTER FRANCES TRUSTEE 1/2 INT BROWN MICHAEL HAYDEN 1/2 INT
A MICHIGAN LTD PARTNERSHIP 2400 PRESIDENTIAL WAY#1503 PO BOX 252582
250 MARTIN ST STE#100 W PALM BEACH, FL 33401 W BLOOMFIELD,MI 48325
BIRMINGHAM,MI 48009
NORTH& SOUTH ASPEN LLC ASPEN CLINIC BUILDING A COLORADO GENERAL PRICE DOUGLAS
200 S ASPEN ST PARTNERSHIP 8611 MELWOOD RD
ASPEN,CO 81611 100 E MAIN ST BETHESDA, MD 20817
ASPEN, CO 81611
HOTEL ASPEN LTD HOTEL ASPEN LTD
ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD BROWN MICHAEL HAYDEN
250 MARTIN ST STE#100 250 MARTIN ST STE#100 PO BOX 25282
BIRMINGHAM,MI 48009 BIRMINGHAM, MI 48009 WEST BLOOMFIELD, MI 48325
HOTEL ASPEN LTD HOTEL ASPEN LTD
ASPEN HOTEL PARTNERS LTD COLLIER J STUART JR ASPEN HOTEL PARTNERS LTD
250 MARTIN ST STE#100 ONE COMMERCE SQUARE STE 2800 250 MARTIN ST STE#100
BIRMINGHAM,MI 48009 MEMPHIS, TN 38103 BIRMINGHAM, MI 48009
120 EAST MAIN PARTNERS LLC HOTEL ASPEN LTD HOTEL ASPEN LTD
120 E MAIN ST ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD
ASPEN,CO 81611 250 MARTIN ST STE#100 250 MARTIN ST STE#100
BIRMINGHAM, MI 48009 BIRMINGHAM,MI 48009
HOTEL ASPEN LTD HOTEL ASPEN LTD HOTEL ASPEN LTD
ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD ASPEN HOTEL PARTNERS LTD
250 MARTIN ST STE#100 250 MARTIN ST STE#100 250 MARTIN ST STE#100
BIRMINGHAM,MI 48009 BIRMINGHAM, MI 48009 BIRMINGHAM,MI 48009
Space Tenant
Sq Ft
102 Filmfest 42C
103 Theatre in the Park 227
104 Jazz Aspen 546
105 Aspen Ballet 2963
114 Aspen Community Institute 72
116 Writers' Foundation 336
118 Arts Council 336
123 Aspen Art Musuem 535
125 Buddy Program 567
126 Aspen Foundation 1600
132 Grassroots TV 1214
133 Grassroots Experience 741
134 KAJX 1416
135 City Recreation Dept.
Scene Ferrara 456
124L Farson 274
110L Waller 274
112 Madlener 538
11OR Schermer 274
124R Simmons 274
109 Weiss 545
Total 13,608
Annual Assessment Bu�_get
Water
Electric
Gas
Sewer
Trash
Total Utilities
- -- - -
Tim Anderson, 01 :42 PM 11/8/99--, Yellow Brick
X-Sender: tima @recreat (Unverified)
Date: Mon, 08 Nov 1999 13 : 42 : 46 -0700
To: nickl @ci . aspen. co. us
From: Tim Anderson <tima @ci . aspen. co.us>
Subject : Yellow Brick
Nick,
There is 14, 688 leasable space in the Red Brick. This does not
include the
gym, stage and locker rooms which would be another 7, 744 . I have sent
over
a reduced black & white of the proposed improvements to the
playground. Let
me know if you need anything else. I am working on getting people to
the
meeting on the 30th. Thanks,
Tim
Printed for Nick Lelack <nickl @ci.aspen.co.us> 1
YELLOW BRICK SCHOOL' 4/10/98
Interim Proforma caruso/anderson
j
Scenario 1
Space Tenant S.F. % Annual S/SF I 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 514 Mares Playgroup 788 4.33% 4,728.00 6.00 394.00
CX8-14&O 5 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
Basement Aspen Interactive—� t"�'�3.548 19.51% 15,000.00 4.23 1,250.00
Office 1 Core I85 1.02% 2,349.50 12.70 195.79
Office 2 Core 270 1.48% 3,429.00 12.70 285.75
Office 3 150 0.82% 1,905.00 12.70 158.75
Office 4 lAspen Waldorf 1 1401 0.77% 840.001 6.001 70.00
Total 18.1821 100.00%1 97,257.501 5.351 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
Property Management 18.000.00
Landscaping 4.000.00
Repairs/Maintenance 10.000.00
Supplies 2.000.00
Trash Removal 2.000.00
Total CAIN 68.000.00
Total Assessments 97.000.00
MEMORANDUM
TO: CHRIS BENDON, COMMUNITYDEVELOPMENT
►U Y,��K�IL�
FROM TIMANDERSON, RECREATION DIRECTOR
'Ng
DATE: JUNE 14, 1999
RE: REZONING OF YELLOW BRICK
f
As the City of Aspen now owns and operates the Yellow Brick School it is my
understanding that rezoning of the property must be addressed. To assist the Community
Development Department with the correct assessment of the buildings use, I submit the
following information:
• Child Care operations- 10,699 sq.ft.
• Private Schools - 960 sq.ft.
• Non - Profit office space - 4,105 sq.ft.
• Shared Child Care/Public Rental Space - 2,400 sq.ft.
The Child Care space includes 3 different agencies at this time. There is one private
kindergarten at the school currently. The Non - Profit space includes 3 to include:
C.O.R.E., Aspen Interactive, and The Gay & Lesbian Community Fund. These 3 Non -
Profits currently occupy only 2,250 of sq. footage. The remaining 1,860 sq. ft. will be
remolded in the fall of 1999 for additional Non- Profits.
The City of Aspen currently has contracted the services of First Choice Properties for
building management. The building management includes the overseeing of all leases,
maintenance, and custodial services. If you need any additional information regarding
the operations of the facility please contact me at 920-5140.
1
YELLOW BRICK ISSUES FOR P&Z p
-- j 1. Users & square footage of Red Brick
KP
2. Non-profits generating growth
3. Non-local non-profits occupying space
4. Non-profits not serving local needs
An
5. Who will occupy additional 1, 0 square feet— an ideas, who is
� � y
A5� targeted? Process for applying and gaining approval.
S .
®6. Aspen Interactive types moving in
Hours of operation of the facility, --
S�o 8. Avoiding similar re-design as Red Brick (expanded sidewalks)
Need representatives from:
1. Recreation Dept.
2. Non-profits
(� 3. Child Care Center C I U
-�j 4. Waldorf School
5. Yellow Brick Tenant Committee
�a v+
MEMORANDUM A &?-11
TO.- CHRIS BENDON, COMMUNITY DEVELOPMENT
? �
FROM TIMANDERSON, RECREATION DIRECTOR
DATE: JUNE 14, 1999
RE: REZONING OF YELLOW BRICK
6tz 4 qT,"116
As the City of Aspen now owns and operates the Yellow Brick School it is my
understanding that rezoning of the property must be addressed. To assist the Community
Development Department with the correct assessment of the buildings use, I submit the
following information:
• Child Care operations - 10,699 sq.ft.
• Private Schools- 960 sq.ft.
• Non -Profit office space - 4,105 sq.ft.
• Shared Child Care I Public Rental Space - 2,400 sq.ft.
The Child Care space includes 3 different agencies at this time. There is one private
kindergarten at the school currently. The Non - Profit space includes 3 to include:
C.O.R.E., Aspen Interactive, and The Gay & Lesbian Community Fund. These 3 Non -
Profits currently occupy only 2,250 of sq. footage. The remaining 1,860 sq. ft. will be
remolded in the fall of 1999 for additional Non- Profits.
The City of Aspen currently has contracted the services of First Choice Properties for
building management. The building management includes the overseeing of all leases,
maintenance, and custodial services. If you need any additional information regarding
the operations of the facility please contact me at 920-5140.
ON
_ :: : : _ _ :-eC BP::: 728 PL _77
Doc
� • ., ;y
ORDINANCE N0.22
( (SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-6 MEDIUM DENSITY RESIDENTIAL TO PUBLIC (PUB) , GROWTH MANAGEMENT
QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PIIBLIC FACILITIES, AND
APPROVAL OF A FINAL PUD (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN
FOR THE ASPEN ARTS AND RECREATIONAL CENTER (F.K.A. THE RED BRICK
ELEMENTARY SCHOOL) LOCATED AT 110 E. HALLAM (LOTS A-I AND R-S,
INCLUDING THE ALLEY IN BLOCK 64, AND LOTS E,F,G AND PART OF LOTS
A,B AND C, BLOCK 71) , IN THE CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO..
WHEREAS, on January 14 , 1993 , the City of Aspen purchased the
former Red Brick Elementary school for, the purpose of creating a
community-oriented arts and recreation facility; and
WHEREAS, the City Council appointed a citizen' s advisory group
known as the Red Brick Committee to recommend appropriate uses and
development scenarios for the structure; and
WHEREAS, the City intends to lease portions of the building
for non-profit arts related organizations for offices and studio
spaces, for-profit studio spaces, and for use by the City
Recreation Department for office space and the gymnasium; and
WHEREAS, the Aspen Area Community Plan established a goal to
rezone the former school site to Public; and
WHEREAS, the City of Aspen (Applicant) submitted an
application (the "Plan") to the Planning Office for rezoning of the
former school site from R-6 (medium Density Residential) to Public
(PUB) , GMQS Exemption for Essential Public Facilities, Special
Review for Parking, and Final (Consolidated) PUD review, in
conjunction with a code amendment to the Public (PUB) zone district
to allow "arts, cultural and recreational activities, buildings and
uses" ; and
1
2 7' -35 Fief 00 Er'*:'. 728 F'S 278
v a, D-% l s, F D-
WHEREAS, the Planning Office received referral comments from
the City Engineer, Housing office, and Water Department; and
WHEREAS, upon review of the application, referral comments,
and the applicable code standards, the Planning Director forwarded
a recommendation for approval of the Plan with conditions to the
Planning and Zoning commission; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205 (A) (5) (b) of the Municipal Code and did conduct
a public hearing thereon on April 13 , 1993 ; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 9 of Article
7 (Planned Unit Development) , Division 4 of Article 7 (Special
Review) , Division 11 of Article 7 (Zoning Map and Text Amendment) ,
Section 8-104 (C) (1) (b) of Article 8 (Growth Management Quota
System Exemptions by City Council for Essential Public Facilities) ,
the Planning and Zoning Commission has recommended final approval
of the Aspen Arts and Recreation Center subject to conditions, to
the City Council; and
WHEREAS, the Planning and Zoning Commission further granted
Special Review approval for parking in a Public (PUB) zone
district; and
WHEREAS, the Aspen City Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those
2
728 PG 279
(r recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, with conditions, is consistent with the goals and elements
of- the-Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Section 24-7-903 B. 4 . of the Municipal
Code, and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
Plan ' s planned unit development dimensional requirements component:
1. The Developer' s final plan submission is complete and
sufficient to afford review and evaluation for approval.
2 . The Plan is consistent with the Aspen Area Community
Plan.
3 . The Plan is consistent with the character of existing
land uses in the surrounding area.
4 . The Plan will not adversely affect the future development
of the surrounding area.
5 . The Plan approval is being granted only to the extent to
which GMQS exemptions are obtained by the applicant.
Section 2 : Pursuant to the findings set forth in Section 1 above,
the City Council grants -consolidated Final PUD development plan
approval for the Aspen Arts and Recreation Center subject to the
following conditions:
3
72e G 2eo
t V
1 Prior to issuance of the Certif icate of Occupancy the 35
on-site parking spaces shall be striped and signed for
use by users of the Aspen Arts and Recreation Center.
2 . Prior to or within 6 months of the issuance of the
Certificate of Occupancy, a landscaped buffer shall be
installed between the parking area and the trail on the
north side of the subject property.
3 . Prior to the issuance of a Certificate of Occupancy, a
drop-off parking area shall be dedicated in front of the
building along East Hallam Street pursuant to
recommendations of the Parking and Transportation
Director.
4. Any improvement to the parking in the Garmisch St. right-
of-way must be coordinated with the Engineering
Department.
5 . Prior to the issuance of a Certificate of Occupancy, an
easement must be established for a 141 wide trail,
electric switchgear, and other utility or pedestal needs.
6 . Prior to the issuance of a Certificate of Occupancy the
two water service lines to the building must be properly
metered.
7 . The applicants shall agree to join any future improvement
districts which may be formed for the purpose of
constructing improvements in the public right-of-way.
8 . The actual dimensions shall be the dimensional
requirements of this PUD development plan:
a. Minimum distance between buildings - 101
b. Maximum height (including viewplanes) - 251
C. Minimum front yard - 101 (except 41 at southeast
entry),
d. Minimum rear yard - 151
e. minimum side yard - 51
f. Minimum lot width - 601
9- Minimum lot area - 6, 000 square feet
h. Trash access area - see provided survey
i. External and internal floor area ratio - .75: 1
j . Minimum percent open space - no requirement
9 . The Final PUD Development Plan and PUD Agreement shall
be recorded in the office of the Pitkin County Clerk and
Recorder. Failure on the part of the applicant to record
the documents within a period of one hundred and eighty
(180) days following approval by the City Council shall
render the approvals invalid, unless reconsideration and
approval of both the Commission and City Council is
4
5,1 728 F'S 281
r v i�t T Doc
F:.r n __1 JY�F:. . �. �_'•-'
obtained before their acceptance and recording.
10. The City shall require that annual tenant leases and/or
sub-leases include stipluations for auto-disincentives
and measures to reduce parking demand and congestion in
the immediate neighborhood.
11. The traffic mitigation portion of the PUD plan shall be
reviewed by City Council after the first and third years
of operation.
section 3: Pursuant to Section 24-8-104 C. l.b. of the Municipal
Code, the City Council finds as follows in regard to the
Applicant's request for Growth Management Quota System development
exemption for essential public facilities:
1. Arts and recreation have historically provided cultural
enrichment to the citizens of the City of Aspen without
which the City would not have attained its present
character and standing in the national and international
community. The City' s proposal for use of the former
school building as a center for non-profit arts related
studios and offices, limited area for for-profit studios,
and recreation offices and activities will enhance the
art and recreation experiences for the citizens of the
City of Aspen and the general public.
2 . The use of the building for for-profit artist studio
space is limited to 5% of the structure pursuant to the
financial bonding requirements for the building.
Furthermore, the artist studio space is intended to be
educationally oriented to allow citizens of Aspen and the
general public the opportunity to observe artists
practicing their skills.
Section 4: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the zoning map
amendment component of the Plan:
I. The proposed zoning amendment as set forth in the Plan
are not in conflict with the provisions of Chapter 24 of
the Municipal Code or the Aspen Area Community Plan.
2 . The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3 . The proposed zoning amendment will not adversely impact
5
C,
E*" 728 PG 282
/* traffic generation or road safety when taken into
consideration with the other aspects of the Plan.
4 . The proposed zoning amendment will promote the public
interest and character of the City of Aspen.
Section 5 : Pursuant to Section 24-7-1102 and 24-7-1103 , and
Division 2 of Article 5 of Chapter 24 of the Municipal Code, and
findings set forth in Section 5 above, the City Council does grant
the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the conditions as specified below:
1. The Public (PUB) zone district shall be applied to Lots
A-I and K-S, including the alley in Block 64 , and Lots
E, F,G and part of Lots A,B,and C in Block 71, in the City
and Townsite of Aspen.
Section 6 : All material representations and commitments made by
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning Commission and 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
other specific conditions.
Section 7 : The Official zone District map for the City of Aspen,
Colorado/ shall be and is hereby amended to reflect the rezoning
action as set forth in Section 6 above and such amendment shall be
promptly entered on the Official Map in accordance with Section
24-5-103 B. of the Municipal Code.
Section 8 •
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement of any action or proceeding now
6
-= R _ P*:. 728 283
r` pending under or by virtue of the ordinances repealed or amended
t 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 of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 10: The City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof. Such notice shall be given in the following form:
r
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 Title 24 , Article 68 ,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 11•
That the City Clerk is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
Section 12 •
A public hearing on the Ordinance shall be held on the /O day
of 1993 at 5:00 in the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
7
;= = : �� iec#:6 4,:- 728 F'S 284
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the iL4 day of
1993.
U4 13,
John Bennett, Mayor
Attest:
Kathryn . Koch, City Clerk
FINALLY, adopted, passed and approved this /&��day of
1993 .
John/Bennett, Mayor
Attest:
Kathryn Koch, City Clerk
8
RESOLUTION NO.
Series of 1995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN OFFER TO THE ASPEN SCHOOL DISTRICT TO PURCHASE THE
YELLOW BRICK SCHOOL BUILDING.
WHEREAS, the City Council of the City of Aspen has determined that it is in the City's
best interest to purchase the property commonly referred to as the Yellow Brick School Building
situated in the City of Aspen upon certain terms and conditions; and
WHEREAS, the Aspen School District Board has indicated its desire to sell the Yellow
Brick School Building to the City of Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby authorizes the City Manager to
execute the Contract to Buy and Sell Real Estate appended hereto as Exhibit "A" and to tender
the offer to the Aspen School District Board no later than noon on September 26, 1995. The
City Manager is further authorized to execute such additional documents as may be required to
consummate the proposed transaction; provided, however, that the Aspen School District Board
accepts the offer in writing and the City Manager receives an executed counterpart of the
Contract to Buy and Sell Real Estate on or before 5:00 p.m. on September 28, 1995.
r
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 25 day of 1995.
ohn S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn Koch, City Clerk
yellowbrk.res
(-) cN
yJ-
ASPEN
School District _
October 2, 1995
HAND DELIVERY /
John P. Worcester, City Attorney
The City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Yellow Brick Building -- Contract to Buy and Sell Real Estate (the "Contract")
Dear John:
Accompanying this letter are the duplicate originals of the Contract which was
formally approved by the School Board at its last meeting on September 26th.
Please note that line 2 of paragraph 3 states that a cash payment of $1,320,000 is to
be paid, but the word "twenty" is omitted from the description of the purchase price in
words. I have inserted the word "twenty" and have initialed this addition -- please have
Amy Margerum do the same and return one of the two enclosed copies of the Contract to
me.
This letter shall serve to acknowledge the clarification of the City's obligation with
respect to paragraphs 3(b) and 3(e) of the Contract. Members of the School Board expressed
concern with the "caps" set on the City's obligations under these two paragraphs.
Specifically, their concern relates to having the School District expend substantial sums to
either complete the playing fields or provide water service to the fields. Consequently, it is
the Board's request that the School District be involved in the decision making process
relating to the planning of the fields, the irrigation system to be installed, etc. as well as have
the opportunity to review information developed by the City relating to these two matters.
Please confirm by letter that this arrangement is acceptable to the City.
I have ordered the title insurance commitment and should have it to you shortly
together with the title exception documents.
Very truly yours,
QPHe's T. Brandt, President
Aspen School Board
CTB/pal
Enclosure
cc: Members, Aspen School Board-
Tom Farrell
POs"r OFFICE BOX 300 • ASPEN, COLORADO 81612
3
CONTRACT TO BUY AND SELL REAL ESTATE
THIS CONTRACT, made and entered on the date hereinafter set forth by and between
the City of Aspen, a municipal corporation and home rule city, hereinafter referred to as the
"Purchaser", and Aspen School District No. 1, previously known as School District No. 1 and
the Pitkin County School Board, hereinafter referred to as the "Seller".
WITNESSETH, that whereas the Seller wishes to sell the parcel of land and building
commonly referred to as the Yellow Brick School Building in Aspen, Colorado,. hereinafter
referred to as the "Property"; and
WHEREAS, Purchaser desires to buy said Property and retain it for day care, education,
and other community uses.
NOW THEREFOR, Seller and Purchaser, for the consideration hereinafter set forth,
agree as follows:
1. PARTIES AND PROPERTY. Purchaser agrees to buy and the Seller agrees to
sell, on the terms and conditions set forth below, the following described real estate property
situated in the County of Pitkin, State of Colorado, to wit:
Lots A, B, C, D, E, F, G, H, I, K, L, M, N, Q, R, and S
of Block 57
x
CITY AND TOWNSITE OF ASPEN.
County of Pitkin, State of Colorado.
2. INCLUSIONS. The purchase price includes the following items: (a) if attached
to the Property on the date of this contract: lighting, heating, plumbing, ventilating, and air
conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices,
inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom
systems, built in kitchen appliances, and sprinkler systems and controls; and (b) if on the
Property whether attached or not on the date of this contract: storm doors and windows, window
and porch shades, awnings, blinds, screens, curtain rods, drapery rods, heating stoves, all keys,
telephones, fire extinguishers, clocks, basketball backboards, laboratory equipment and fixtures,
lockers, and any other similar property. The above described items (Inclusions) are to be
conveyed to Purchaser by Seller by bill of sale at the closing, free and clear of all taxes, liens
and encumbrances, in an "as is" condition.
3. CONSIDERATION. The total purchase price for the property shall be Three
Million One Hundred Twenty Three Thousand Seven Hundred Fit y Doll rs ($3,123,750.00), G�
payable in the following manner: (a) One Million Three Hundred�'�hoJ and U.S. Dollars
($1,320,000.00) in cash or certified funds at closing; (b) a promissory note in the amount of
$200,000.00 in a form substantially similar to the document appended hereto as Exhibit "A";
and (c) the value of the consideration of the conditions set forth in this contract which the parties
1
agree to be as follows: (i) conveyance of a perpetual use to Seller in the athletic fields as set
forth at paragraph 3(d), below; (ii) water irrigation services as described at paragraph 3(e)
below; (iii) construction of athletic fields as described at paragraph 3(b) below; (iv) maintenance
of the athletic fields for a ten (10) year period as set forth at paragraph 3(c); (v) Seller's ability
to share in profits should the Property be resold within 15 years of the date of closing as
described at paragraph 17, below; (vi) the use and management agreement between Purchaser
and Seller as described at paragraph 3(d), below; and (vii) Seller not having to pay.-a real estate
brokerage fee in connection with this transaction.
The parties agree that the following conditions are, individually and collectively, essential
considerations of this contract and the failure of any one condition, in whole or in part, shall
constitute grounds for termination of the contract or rescission of the contract if it has already
proceeded to closing:
a) Prior to the date of closing, Purchaser shall have purchased from the James E.
Moore Family Limited Partnership a portion of the meadow area designated as
ball fields and running track in the Moore Family PUD application currently
pending before the Pitkin County Board of County Commissioners consisting of
approximately 16 acres. (Said purchase shall be evidenced by a warranty deed).
Seller understands that the purchase of this land is contingent upon the Pitkin
County Open Space Board agreeing to financially contribute towards the purchase
price of the land and upon approval by the Pitkin County Board of County
Commissioners of the above referenced PUD application.
b) Purchaser agrees to construct on the property described at paragraph 3(a), above,
subject to approval by the Pitkin County Board of County Commissioners, two
(2) soccer fields and a baseball/softball diamond as soon as practical but no later
than two (2) years of the date of closing. The parties understand that construction
of the athletic fields will be most practical when the Moore property is under
construction following development approval by Pitkin County.
C) Purchaser agrees to maintain to City of Aspen standards the recreational fields
described a paragraph 3(b), above, for a period of ten (10) years. Following the
initial ten year period, the parties agree to proportionately share according to use
in the costs of maintaining the recreational fields, including the cost of providing
water for irrigation.
d) Prior to closing Purchaser and Seller shall enter into a mutually satisfactory joint
use and management agreement for the perpetual use by Seller and Purchaser of
the athletic fields described at paragraph 3(b), above. Purchaser and Seller shall
mutually agree on the design of the soccer fields, baseball/softball diamond and
appropriate supporting facilities prior to their design and construction.
e) Purchaser agrees to pay all initial capital costs and fees associated with providing
water irrigation services to the property described at paragraph 3(a), above.
f) Purchaser shall, at closing, execute a perpetual use agreement mutually agreed to
2
by the parties in accordance with paragraph 3(d), above.
g) Seller shall, at closing, execute a quit claim deed conveying to Purchaser Seller's
interest to Lots O and P, Block 57, in the City and Townsite of Aspen, Pitkin
County, Colorado.
h) Prior to closing, Seller shall obtain a written agreement, satisfactory to Seller,
between Seller and the James E. Moore Family Limited Partnershir relating to
the partnership's commitments to Seller to provide employee housing units for
Seller, to convey a 2 acre parking area and access roadway to Seller upon terms
and conditions to be negotiated between Seller and the partnership, and to make
certain improvements to Seller's Maroon Creek campus as represented in the
partnership's PUD application currently pending before the Pitkin County Board
of County Commissioners and the Aspen City Council as part of its application
for a Water Service Agreement and the City Council's determination of
compliance with Purchaser's city water policies.
i) Prior to closing, Purchaser shall obtain title from Pitkin County to Lots O and P,
Block 57, in the City and Townsite of Aspen, Colorado.
4. EVIDENCE OF TITLE. Seller shall furnish to Purchaser, at Seller's sole cost and
expense, a current ALTA commitment for title insurance on the Property, from a title company
acceptable to Purchaser, with all standard exceptions concerning liens for labor, service, or
materials not of record and concerning details reflected by survey and inspection of the Property
deleted, and in an amount equal to the purchase price, together with any copies of all
instruments listed in the schedule of exceptions of said title insurance commitment on or before
t thirty (30) days prior to the date set for closing at paragraph 9 herein. The title insurance
commitment, together with any copies of instruments furnished pursuant to this paragraph 4,
shall constitute the title documents.
5. TITLE DUE DILIGENCE MERCHANTABLE TITLE AND CURE OF
DEFECTS. For the ten (10) business day period next succeeding delivery to Purchaser of title
insurance commitment (the "Title Due Diligence Period"), Purchaser shall have the right to
object, on grounds of merchantability, to the condition of Seller's title as reflected in the title
insurance commitment. If Purchaser so objects to the condition of Seller's title, and if Seller
declines to cure or attempt to cure that which Purchaser deems objectionable, then at Purchaser's
option, this Contract shall be null and void and of no further force and effect, each party shall
be released from all obligations hereunder, and all payments and things of value received
hereunder shall be returned forthwith to Purchaser. If Purchaser fails to object by 5:00 o'clock
p.m. of the last day of the Title Due Diligence Period, or declines to exercise its option to
terminate, then the condition of Seller's title as reflected on the title insurance commitment shall
be deemed acceptable for all purposes under this Contract. If, however, by reason of title
conditions first appearing or arising after the Title Due Diligence Period Seller's title is not
merchantable in Purchaser's reasonable discretion, and written notice of defect(s) is given by
Purchaser to Seller or Seller's agent on or before the date of closing, Seller shall use reasonable
efforts to correct such subsequently appearing or arising conditions prior to the date of closing.
If Seller is unable to correct such defect(s) on or before the date of closing, at Purchaser's option
3
and upon written notice to Seller or Seller's agent on or before the date of closing, the date of
closing shall be extended thirty (30) days for the purpose of correcting said defect(s). If title is
not rendered merchantable by the extended date of closing, in Purchaser's sole discretion, then
at Purchasers' option, this Contract shall be null, void and of no further force and effect, each
party hereto shall be released from all obligations hereunder, and all payments and things of
value received hereunder shall be returned forthwith to Purchaser.
6. CONDITION OF AND DAMAGE TO PROPERTY. The Property all Inclusions
shall be conveyed in their present "as is" condition, ordinary wear and tear excepted. In the
event the Property shall be damaged by fire or other casualty before the date of closing,
Purchaser shall be entitled to a credit for all the insurance proceeds paid to Seller resulting from
such damage to the Property and Inclusions, not exceeding, however, the total purchase price.
Should any Inclusions fail or be damaged between the date of this contract and the date of
closing, then Seller shall be liable for the repair or replacement of such Inclusions with units of
similar size, age and quality, or an equivalent credit, less any insurance proceeds received by
Purchaser covering such repair or replacement.
7. COVENANTS REPRESENTATIONS AND WARRANTIES OF SELLER.Seller
hereby covenants, represents and warrants to Purchaser the following, all of which shall be true,
accurate and complete as of the date hereof and shall survive the closing:
(a) Status and Authority. Seller has the right, legal capacity and authority to enter into
and perform its obligations under this Contract, and the documents to be executed and delivered
pursuant thereto.
(b) No Liabilities. Excepting that certain lease agreement between Seller and the Early
Learning Center, Inc, dated March 20, 1995, prior to or at the time of closing, Seller shall pay,
or otherwise secure the release of, every debt, account payable, liability or obligation of any
nature whatsoever, contingent or otherwise, that is, or could become, a lien or other
encumbrance against the Property, and Seller shall not engage in any action with respect to the
Property between the date of execution of this Contract a.nd the closing date that could give rise
to a lien or claim against the Property.
(c) Litigation. No action, suit or proceeding is pending or, to the best of Seller's
knowledge, threatened against the Property or Seller or affecting Seller's interests in,
management of, or other activities with respect to, the Property. Seller is not in default of any
order of any court, arbitrator or governmental body respecting the subject Property.
(d) Environmental Matters. To the best of the Seller's knowledge, the Property, including
related soils, water and groundwater, is not contaminated by, and has never been used for, the
generation, transportation, treatment, storage or disposal of any hazardous substance or
environmental pollutant(s). Seller hereby discloses that asbestos or asbestos products are present
in the building as described in that-certain report entitled "Inspection Report and Management
Plan" written by Asbestos Consulting Service and which Purchaser has had an opportunity to
review.
(e) No Notice of Violation. Seller has no knowledge of and has received no notice of any
4
pollution, health, safety, fire, environmental, sewerage or material building code violation with
respect to the Property or any portion thereof which has not been cured.
(f) No Conflict. To the best of Seller's knowledge, the execution and delivery of this
Contract and the documents required hereunder, and the consummation of the transactions
contemplated herein, will not: (1) conflict with or be in contravention of any provision of any
law, order, rule or regulation applicable to Seller or the Property; (2) result in the breach of any
of the terms or provisions of, or constitute a default under, any agreement or other instrument
to which Seller is a party, or by which it or any portion of the Property may be bound or
affected; (3) permit any party to terminate any such agreement or instrument or to accelerate the
maturity of any indebtedness or other obligation of the Seller; or (4) result in any lien, charge
or encumbrance of any nature on the Property other than as permitted by this Contract.
(g) True and Correct Information. To the best of Seller's knowledge, no document,
certificate or written statement furnished to Purchaser and its agents by or on behalf of Seller
in connection with this transaction contains or will contain any untrue statement of a material
fact or omits or will omit to state any material fact necessary in order to make the statements
contained therein not misleading. Additionally, Seller has disclosed all encumbrances and/or
defects in title not shown by the public records and all title documents of which Seller has actual
knowledge.
(h) Use of Property Pending Closing. Between the date of this Contract and the closing
date, Seller:
(i) Shall maintain the Property in its current condition, normal wear and tear
excepted;
(ii) Shall conduct all operations affecting the Property in the ordinary course of
business, and in the manner that the operation(s) have been conducted to date;
(iii) Shall not permit the Property to be used or operated in any manner that would
be in violation of any local, state or federal law or regulation; and
(iv) Shall continue to fulfill its obligations under that certain Lease Agreement
between Seller and the Early Learning Center, Inc., dated March 20, 1995.
(i) No Other Contract. There are no other contracts or agreements, oral or written, which
affect the Property which will survive closing, except as disclosed in the title insurance policy
as provided Purchaser pursuant to paragraph 4 above, and that certain Lease Agreement between
Seller and the Early Learning Center, Inc., dated March 20, 1995.
8. INSPECTION. Seller hereby extends to Purchaser and/or its agents or
representatives the right to full and free access to the Property upon reasonable notice to Seller
during reasonable hours to make investigation and inspection of the premises. Purchaser's
completion of any such inspection or investigation shall not constitute a waiver by Purchaser of
any of Seller's representations or warranties contained in this Contract. Purchaser agrees to
indemnify, defend and hold Seller harmless against any mechanic's lien or other claims or
5
demands that may be asserted by Purchaser's agents as a result of Purchaser's inspection of the
Property, and Purchaser agrees to indemnify Seller in the event of injury or damage to the
Property proximately caused by Purchaser's inspection. The right of inspection set forth herein
shall be exercised by Purchaser within thirty (30) days of the effective date of this contract.
9. DATE OF CLOSING. Subject to the conditions as previously set forth
hereinabove, closing shall take place in Aspen, Colorado, at as mutually agreeable date, hour
and place, but in no event later than ten (10) days following the satisfaction of all t% conditions
set forth at paragraph 3, above.
10. DELIVERY OF TITLE. Subject to tender or payment on closing as required
herein and compliance by Purchaser with the other terms and provisions hereof, Seller shall
execute and deliver a good and sufficient general warranty deed at closing conveying fee simple
title to the Property to Purchaser and conveying the Property free and clear of all taxes; and free
and clear of all liens for special improvements installed as of the date of closing, whether
assessed or not; and free and clear of all liens and encumbrances except those disclosed by the
title commitment which do not, in Purchaser's reasonable discretion, render title
unmerchantable. Within a reasonable period of time not to exceed ninety (90) days, Seller agrees
to pay full costs and premiums for, and deliver to Purchaser, a fully executed title insurance
policy consistent with the title insurance commitment referenced in paragraph four and the terms
and conditions of paragraph five of this Contract.
11. PAYMENT OF ENCUMBRANCES. Any encumbrance upon the Property
required to be paid shall be paid at the time of settlement from the proceeds of this transaction
or from any other source.
12. ALLOCATION OF TAXES. General property taxes for the year of closing, based
on the most recent levy and the most recent assessment, rents, water and sewer charges, owner's
association dues, and interest on encumbrances, if any, shall be prorated to date of closing.
Purchaser shall be solely responsible for the payment of any and all real estate transfer taxes
payable to the City of Aspen arising from this transaction.
13. CLOSING COSTS, DOCUMENTS AND SERVICES.
(a) Purchaser and Seller shall pay their respective closing costs at closing, except
as otherwise provided herein.
(b) Purchaser and Seller shall sign and complete all customary or required
documents at or before closing.
(c) Fees for real estate closing and settlement services shall not exceed $500.00
and shall be shared equally at closing by Purchaser and Seller..'
i
(d) Seller, at its sole expense, shall deliver to Purchaser a current certificate of
taxes due covering the Property and a statement of personal property taxes due, both prepared
by the Pitkin County Treasurer.
6
14. POSSESSION. Possession of the Property shall be delivered to Purchaser on the
date of closing. If Seller, after closing, fails to deliver possession on the date herein specified,
Seller shall be subject to eviction and shall be additionally liable to Purchaser for payment of
$500.00 per day as liquidated damages from the date of agreed possession until possession is
delivered. Possession shall be subject to that certain Lease Agreement between Seller and the
Early Learning Center, Inc, dated March 20, 1995.
15. TIME OF ESSENCE/DEFAULT/REMEDIES. Time is of the essence hereof. If
any note or check received or any other payment due hereunder is not paid, honored or tendered
when due, or if any other obligation hereunder is not performed within the time frames specified
herein, there shall be the following remedies:
(a) IF PURCHASER IS IN DEFAULT, then Seller may elect to treat this
Contract as canceled, in which case all payments and things of value paid hereunder shall be
forfeited and retained on behalf of Seller, and Seller may recover such damages as may be
proper.
(b) IF SELLER IS IN DEFAULT, then Purchaser may elect to treat this Contract
as terminated, in which case all money payments and things of value paid hereunder shall be
returned forthwith to Purchaser and Purchaser may recover such damages as may be proper, or
Purchaser may elect to treat this Contract as being in full force and effect, whereupon Purchaser
shall have the right to an action for specific performance or damages, or both.
(c) Anything to the contrary herein notwithstanding, in the event of any litigation
arising out of this Contract, the court may award to the prevailing party its reasonable costs and
expenses, including attorneys and expert witness fees.
16. - SURVIVAL OF COVENANTS, REPRESENTATIONS AND WARRANTIES.
The covenants, representations, warranties and indemnities made by the parties to this Contract,
and the obligations and agreements to be performed or complied with by the respective parties
hereunder on or before the closing date, shall be deemed to be perpetual in nature and shall
survive the closing.
17. RESALE OF PROPERTY. In the event that Purchaser re-sells any portion of
Property within fifteen (15) years of the date of closing, Purchaser shall share equally with
Seller any net profit realized from such a re-sale. The amount of net profit realized from any
re-sale shall be calculated by subtracting from the re-sale price (a) the total value of the
consideration as set forth at paragraph 3, above, if the entire property is re-sold or a
proportional amount of the total purchase price if a portion of the property is sold; (b) all capital
expenses incurred by Purchaser to improve, develop, operate, and maintain the Property if the
entire property is re-sold or a proportional amount of said capital expenses if a portion of the
property is re-sold; (c) all finance costs incurred by Purchaser including bond issuance and
finance charges if the entire property is rel-sold or a proportional amount of said costs if a
portion of the property is re-sold; and, (d) all acquisition and re-sale expenses, including
brokerage fees, legal expenses, title commitment fees, etc. attributed to the re-sale.
18. ENTIRE AGREEMENT. This Contract constitutes the entire agreement between
7
the parties hereto, and supersedes all prior and contemporaneous agreements, representations and
understandings of the parties regarding the subject matter of this Contract. No supplement,
modification or amendment of the Contract shall be binding unless executed in writing by the
parties hereto.
19. COUNTERPARTS. This Contract may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute—one and the
same instrument. liit
20. BINDING EFFECT/ASSIGNMENT. This Contract shall be binding upon and
shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Purchaser may, in its sole discretion, and without the prior consent of Seller, assign all of the
Purchaser's right hereunder to, or cause title to the Property to be taken in the name of a non-
profit nominee selected by Purchaser.
21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,
Purchaser and Seller acknowledge the advisability of obtaining the advice of independent legal
counsel regarding examination of title documents and the terms of this Contract.
22. GOVERNING LAW. This contract shall be governed by and be construed in
accordance with the laws of the State of Colorado and Purchaser hereby consents to the
exclusive jurisdiction of the Colorado state courts in the event of any controversy or suit arising
hereunder.
23. SEVERABILITY. If any provision of this Contract is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of
this Contract shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
24. TERMINATION. In the event this Contract is terminated for any reason, pursuant
to the terms hereof, all money payments, with any accrued interest, and things of value paid
hereunder shall be returned forthwith to Purchaser.
25. NOTICES. All notices and other communications tendered in connection with this
Contract shall be in writing, and shall be deemed to have been duly given when delivered in
person or by telefax, or on the fourth day after mailing, if mailed registered or certified mail,
postage prepaid and properly addressed as follows:
To Purchaser: Office of the City Manager
City of Aspen
130 South Galena Street
,Aspen, Colorado 81611
With a copy to the City Attorney at same address.
To Seller: Aspen School District No. 1
c/o Charles T. Brandt, Esq.
8
26. RECEIPT OF'ACCEPTANCE/BINDING CONTRACT. If this offer is accepted
by Seller in writing, and Purchaser receives an executed counterpart hereof on or before 5:00
p.m. on September 28, 1995, this instrument shall become and be deemed a binding Contract
between Purchaser and Seller, subject to the conditions set forth herein.
PURCHASER:
CITY OF ASPEN
By: LIT
Civianager Date
ATTESTED
By:
SELLER:
ASPEN SCHOOL DISTRICT NO. 1:
:
B Y
Ll�resident Date
ATTESTED
By:
x17
yellowbkxon I
9
PROMISSORY NOTE
$200,000.00 Aspen, Colorado Date:
FOR VALUE RECEIVED, THE CITY OF ASPEN, a municipality incorporated in the
State of Colorado, 130 S. Galena Street, Aspen, Colordo 81611 ("Maker"), promises to pay to
the order of THE ASPEN SCHOOL DISTRICT NO. 1, 0335 High School Road, Aspen,
Colorado 81611, ("Holder") the principal sum of TWO HUNDRED THOUSAND AND
NO/OOTHs DOLLARS ($200,000.00), together with interest at the rate of five percent (5%) per
annum, payable at the above address or such other place as the Holder may designate, on or
before December 31, 1996.
Any payments received for application to this Note shall be applied first to the payment
of default interest at the rate specified below, and the balance applied in reduction of the
principal amount hereof.
If payment hereunder is not made when due as set forth above, the remaining unpaid
principal shall, at the option of Holder, immediately become due and payable in full. From and
after the date of such default the principal sum shall bear interest at the rate of seven and one-
half percent (7.5%).per annum.
Maker shall have the option to prepay any or all of the principal amount due hereunder
without penalty at any time. Any partial prepayment shall be applied against the principal
amount outstanding and shall not postpone the due date of any subsequent payments.
The Maker of this Note hereby waives notice of demand, presentment of payment, notice
of nonpayment and protest, and any and all notice of whatever kind or nature, the exhaustion
of legal remedies herein, all exemptions and any homestead rights.
The terms, conditions and obligations under this Note cannot be changed, modified or
terminated except by a writing signed by the Maker and Holder hereunder. This Note shall be
construed according to the laws of the State of Colorado.
Any Notice to Maker relating to this Note shall be in writing and shall be given and be
effective upon (1) delivery personally to Maker or (2) mailing such notice by Certified Mail,
Return Receipt Requested, addressed to Maker at the address stated in the first paragraph of this
Note or to such other address as Maker may designate by notice to Holder. Any Notice to
Holder relating to this Note shall be in writing and shall be given and be effective upon (1)
delivery,personally to Holder or (2) mailing such notice by Certified Mail, Return Receipt
Requested, addressed to Holder at the address stated in the first paragraph of this Note or to
such other address as Holder may designate by notice to Maker.
M
IN WITNESS WHEREOF, this Promissory Note is executed and delivered the day and
year first above written.
THE CITY OF ASPEN, a municipality
incorporated in the State of Colorado
By:
Amy Margerum, City Manager
promiss.not
I
2
Thursdu„ .'bruary 24, 2000• The Aspen Times 3-A
as encom ma soon be as en. one
p . Y
p �
N Online company region, including the Snowmass Sun, either in Aspen or somewhere downval-
Roaring Fork Sunday, Valley Journal, ley.
may be forced to move Glenwood Post, Eagle Valley Enterprise
from Yellow Brick an n
d the Rifle Citizen-Telegram. Together since the beginning
aspen.com offers online display space Bastian's aspen.com(or Aspen Interac-
for lease to local businesses and organiza- tive,or Aspen Snowmass Online,as it has
By John Colson tions. It is paying $1,250 per month for been known in the past)became a tenant
Aspen Times Staff Writer approximately 1,800 square feet of base- in the Yellow Brick shortly after the city
A private company that has been oper- ment space—the same lease rate that was bought the former school in the early
ating out of publicly owned office space in initially worked out for the company 1990s.
the Yellow Brick School may soon be roughly eight years-ago. "When I got into the picture I was just
forced to browse for a new home. According to commercial real estate starting aspen.com,"recalled Bastian this
The company,aspen.com,manages an agent Rob Snyder,"Somebody's getting a week."I needed a place to get started." .
online guide to activities, businesses and sweet deal, and somebody's getting The city was at that time trying to fig-
other information concerning Aspen and screwed." _ ure out what to do with the Yellow Brick.
the upper Roaring Fork Valley.City offi- He said that translates to"about$8.33 The City Council had decided the build-
cials are considering asking its owners to a foot," and added that lease rates for ing would be used mainly to house child
move out because the company was put- basement spaces"at the edge of the com- care and educational organizations such as
chased last year by an interstate media mercial core," like the Yellow Brick the Early Learning Center and the Aspen
conglomerate,Morris Communications. space, run at least $16 to $17 per square Waldorf School.
Its presence at the city-owned Yellow foot But the basement of the building
Brick School may no longer be appropri- According to aspen.com founder and proved difficult to fill, partly because of
ate,according to city staffers, manager Ed Bastian, Morris knows it state regulations that prohibit child care
Moms has also purchased several won't be getting this deal forever, and in facilities from being located underground.
newspapers in the Roaring Fork Valley fact has been looking for another location ■See aspen.com on page 1S-A
aspen.com
■continued from page 3-A best for computer equipment.
Bastian approached the city with But,he said,"We've been grate-
his fledgling company prospectus, ful to have space, and they've
he said. And the city agreed with needed somebody to rent."
him that aspen.com, "while not a But as soon as Morris bought
nonprofit business,was doing a lot aspen.com in September 1999,
of educational and related activi- Bastian said,things changed.
ties," and so was"acceptable"as a "Obviously,it's time to re-exam-
tenant. . ine whether being here is an appro-
Bastian's company started out priate use of space," he said. "If
on the main floor,in relatively tight they think it's appropriate for us to
quarters, but several years ago be here,we'll be here indefinitely."
moved to the vacant, and much He noted that aspen.com has a lease
roomier,basement space. on its space through November.
"We've been a pretty good And even if the company stays
renter," maintained Bastian, in the Yellow Brick, he said, the
"because there have been some city has begun renovation work on
issues down here. It's not a really the building and plans to partition
great space." off the basement, effectively cut-
ting aspen.com's space in half.
Future uncertain City Recreation Director Tim
He said the basement is Anderson, who oversees the Yel-
plagued with radon gas,which the low Brick, said the city is review-
city has plans to remedy by ing the situation to determine
installing new air-handling equip- whether aspen.com has to move
ment.And Bastian also noted that out.No decision has been made,he
the carpeting is old and not the said.
Aspen City Council Regular Meeting September 25, 1995
s
Councilwoman Waggaman said she feels this water extension would foster growth
more quickly. When the city gives every area water that wants to be developed,
more areas will decide they want to be developed. West Buttermilk is a totally
rural area and may not be appropriate for city water. Councilwoman Waggaman
said the city is using up their water and not getting anything back. Councilman
Marolt said water and transportation issues have to be kept totally separate.
Councilman Marolt said any water rights associated with West Buttermilk should be
transferred to the city in return for service. Overeynder said there are no water
rights associated with this application.
Councilwoman Richards said she supports passing this resolution to extend water
service on a preliminary basis. Councilwoman Richards said she does not support
the tap fees for construction of the main lines. This should be where the pay back to
the city does occur. Councilwoman Richards said she feels the city has enough
water for this extension. It is important that compliance with the AACP be part of
the resolution. Councilwoman Richards said if there is growth as a result of this
extension, it should be in compliance with the goals of the AACP. Councilman
Paulson said he supports this resolution.
Councilwoman Richards moved to approve Resolution #57, Series of 1995, for
water service to West Buttermilk with the specific condition that a cooperation
clause on transportation goals of the Aspen Area Community Plan be inserted to the
satisfaction of Council; seconded by Councilman Paulson. All in favor, with the
exception of Councilmembers Waggaman and Marolt. Motion carried.
Councilwoman Richards moved to add to the end of the agenda a discussion for
funding the city's effort to the EIS; seconded by Councilwoman Waggaman. All in
favor, with the exception of Councilman Marolt. Motion Carr,.d.
RESOLUTION #67, SERIES OF 1995 - Agreement to Purchase Yellow Brick
School
Councilwoman Richards moved to go into executive session for the purposes of
potential property acquisition and negotiations; seconded by Councilman Paulson.
All in favor, motion carried. Council went into executive session at 8:05 p.m. The
School Board joined Council in executive session at 8:20 p.m.
10
Aspen City Council Regular Meeting September 25, 1995
Councilwoman Richards moved to come out of executive session at 8:35 p.m.;
seconded by Councilwoman Waggaman. All in favor, motion carried.
Councilwoman Richards moved to adopt Resolution #67, Series of 1995, authorizing
the city manager to enter into an agreement to purchase the Yellow Brick School for
day care, education and community uses, amending paragraph 17 to state "resells
any portion of the property"; seconded by Councilwoman Waggaman.
Councilman Marolt said he feels the school board turns to the other governments
and citizens any time they need money and yet does not support programs of the
other governments, like the airport expansion. Chuck Brandt, school board, said the
Board has never discussed community issues or other ballot issues as a sitting board.
Brandt and Jeanette Darnauer both said they would be willing to discuss this issue
with Councilman Marolt. Councilwoman Richards thanked staff for all the hard
work in putting this together with the School Board. Councilwoman Richards also
thanked the school district for working diligently on this contract. Councilwoman
Richards said this is a very unique deal, brings city resources to bear that will
benefit every child in the school district and is a win/win/win situation. Long term
child care will be supported in this valley. Councilwoman Richards said this offer
fulfills the intent of the vote several years ago. The renovation of the Red Brick
school has been very successful. The school district has given this building rent free
for 5 years to try and take care of child care and community uses and should be
acknowledged for this. Councilwoman Richards said this contract fulfills the long
term goals of the Aspen Area Community Plan and the in-town school sites
community. This is an example of true collaborative planning between districts.
Councilwoman Richards said this deal will use dedicated funding sources for their
dedicated purposes; open space, child care and some general fund money.
All in favor, with the exception of Councilman Marolt. Motion carried.
REQUEST FOR FUNDS - Transportation/EIS
City Manager Amy Margerum gave Council copies of requests for proposals that
outline the issues staff feel needs to be addressed prior to the conclusion of the draft
EIS. The city asked for a 90 extension to the end of the comment period of
December 18. Ms. Margerum said the city needs technical help to get additional
information. The concept Council approved has a lot of unanswered questions. In
order to further alternative H into the EIS, these questions need to be answered.
Aspen City Council Regular Meeting September 25, 1995 -
The city has received a memorandum from Ralph Tripani, CDOT, outlining his
needs in order to put alternative H into the EIS.
Staff also needs help in critiquing the existing draft EIS, looking at the modeling and
some assumptions that have been made. Staff would like to hire technical experts
for this. Staff would also like to go ahead with some graphic design help and
printing in order to publish some information for the community. Ms. Margerum
told Council she does not know how much this will cost. The contract will come
back to Council in the next month. Staff estimate_s about $60,000 will be needed for
this.
Councilman Marolt said he feels in this process, there will never be a consensus and
the agony keeps being prolonged. Councilman Marolt said he would like finality to
this subject. Councilman Marolt said the governments and community have to
decide what is right and not just keep having studies. Ms. Margerum said staff will
try not to duplicate any efforts on this. Ms. Margerum said this end of comment
period should give some finality.
Councilman Marolt moved to authorize staff to spend up to $60,000 with the
condition any contract come back to Council for approval; seconded by
Councilwoman Richards. Councilman Marolt said this is the final round, the last
procedure.
Councilwoman Waggaman said she feels that alternative H is the best solution
aesthetically and she would like to have staff help with the advertising of that
alternative. Councilwoman Richards said she feels this is a very necessary expense.
Councilwoman Richards suggested asking Snowmass and the Pitkin for funding
from the 1/2 cent sales tax to help fund this.
All in favor, motion carried.
Councilwoman Richards moved to adjourn at 9:10 p.m.; seconded by
Councilwoman Waggaman. All in favor, motion carried.
�Ithry . Koch, City Cle
12
Red Brick Application
1. Rezoning from R-6 to Public
2. GMQS Exemption for Essential Public Facilities
3. Special Review for Parking
4. Final PUD Review
5. Code amendment to Public Zone District to allow"arts, cultural, and recreational
activities, buildings and uses"
GMQS development exemption for essential public facilities:
1. Arts and recreation have historically provided cultural enrichment to the citizens of
the City of Aspen without which the City would not have attained its present character
and standing in the national and international community. The City's proposal for use of
the former school building as a center for non-profit arts related studios and offices,
limited area for for-profit arts related studios and offices, limited area for for-profit
studios, and recreation offices and activities will enhance the art and recreation
experiences for the citizens of the City of Aspen and the general public.
' a. Minimum distance between buildings - 10 '
b. Maximum height (including viewplanes) - 25'
C. Minimum front yard - 10 ' (except 4 ' at' southeast entry)
d. Minimum rear yard - 15 '
e. Minimum side yard - 5 '
! f. Minimum lot width - 60 '
Pf g. Minimum lot area - 6,000 square feet
h. Trash access area - see provided survey
I. External and internal floor area ratio - .75: 1
j . Minimum percent open space - no requirement
F'
i
Staff believes that these dimensions are appropriate for this
structure and future development. If other dimensions are needed
to accommodate future growth, additional PUD review is required.
GMQS Exemption for Essential Public Facilities: Pursuant to
Section 8-104 C. l.b. the Council may exempt construction of
essential public facilities. The Commission reviewed the project
and recommends approval of GMQS Exemption to Council. Section 24-
8-104.C. 1.b. reads:
(i) Except for housing, development shall be considered an
essential public facility if it serves an essential
public purpose, provides facilities in response to the
demands of growth, is not itself a growth generator, is
available for use by the general public, and serves the
needs of the City. It shall also be taken into
consideration whether the development is not-for-profit
venture. This exemption shall not be applied to
commercial or lodge development.
A development application shall demonstrate that the
impacts of the essential public facility will be
mitigated, included those associated with the generation
of additional employees, the demand for parking, road and
transit services, the need for basic services including
but not limited to water, sewage, drainage, fire and
police protection, and solid waste disposal. It shall
also be demonstrated that the proposed development has
negligible adverse impacts on the city's air, water,
land, and energy resources, and is visually compatible
with the surrounding areas.
Notwithstanding the criteria as set forth in paragraphs
(i) and (ii) above, the city council may determ_ne upon
application that development associated with a nonprofit
entity qualifies as an essential public facility and may
exempt such development from GMQS and from some or all
such mitigation requirements as it deems appropriate and
warranted.
Response: The Planning Office acknowledges that the structure
4
V i
proposed as the Arts and Recreation Center is not new construction,
but is in effect a new use or development on the site. For this
reason, staff believes that GMQS Exemption as an essential public
facility is warranted so that any increased impacts may be
addressed. Official recognition that the structure and its non-
profit uses qualify as essential to the community will solidify the
Center's important role in the community.
The Center complies with paragraph (i) above in that it will serve
the public in many ways, from active recreation to art support and
education; offers space to recreation and arts users who must
accommodate their increased growth based on community growth; is
not a growth generator itself (the proposed occupants are currently
scattered elsewhere throughout the city) ; is available to the
public as any other public facility; and serves the citizens and
guests of Aspen. Aspen's long-standing reputation as an arts and
recreation focus will be enhanced by the adaptive re-use of this
building.
The groups who will occupy the building must qualify as bona fide
nonprofit entities except for those artists occupying the 5% of the
building set aside for working "fine artists". The City's bond
requirements specify that no less than 95% of the structure may be
occupied by non-profit users to retain the bond's status. The
artist studio spaces are intended for educational use where
visitors may observe working artists and works in progress.
The Center also meets the requirements of paragraph (ii) regarding
impacts to the vicinity and larger community. Employee generation
will be less for the proposed uses (approximately 21-28) than the
previous school use (25-30) . According to the Housing Office's
employee generation guidelines for "utilities / quasi-governmental"
rate, 1. 5 to 2.5 persons per 1, 000 s.f. are generated. The belief
of the Housing Office is that the non-profit offices proposed for
this building will have limited hours of business and run on
"shoestring" staff, thus employee generation will be less than for
typical office users. According to Housing Director Tom Baker, the
recreational uses will generate less than one full time equivalent
employee (FTE) .
The internal layout of the structure is .shown in Attachment 2 of
the application information. The net leasable area of the post-
1941 portion of the school (the eastern half of the building) is
approximately 14,093 s.f. At the quasi-governmental generation of
1.5 persons per 1,000 s.f. , the employee generation would be 21
persons. If the entire building is renovated, the same number of
users will spread out to occupy more space rather than increase the
number of tenants.
The studio space cannot exceed 5% of the building because of
limitations set by the financial bonding requirements. This
represents approximately 1, 000 s. f. based on the 21,800 s.f. post-
s
/ 40,
building, or 1,750 s.f. of the entire 35,000 s.f. building.
studio spaces will probably be 200-300 s.f. each, according to
formation from Julia Marshall, who has worked on the lease
greements for the arts representatives. Parking has been reviewed
y the Planning Commission and Special Review was approved as being
a neutral impact. Utility needs will probably decrease from the
previous school use. No negative environmental impacts will occur,
nor will visual incompatibility.
The City should find that the nonprofit use of this structure as
an arts and recreation center qualifies as essential public
facility per paragraph (iii) .
After its 4-3 vote to approve the GMQS Exemption, the Commission
passed a motion recommending that the City act in accordance with
the intentions of housing production plans/quotas and consider
creating housing opportunities to help mitigate housing made
necessary by the change in use of the building from educational to
arts/recreational use. This is due to the deficit created by the
School District when it did not provide housing for its new
elementary school.
ADVISORY COMMITTEE RECOMMENDATION: The Planning and Zoning
Commission recommends approval of the rezoning request by a vote
of 7-0 at a public hearing on April 13, 1993 . Minutes of this
meeting are attached as Exhibit "E" .
The GMQS Exemption for an Essential Public Facility was approved
by a 4-3 vote.
The Commission also voted 7-0 to approve Special Review for Parking
in a Public (PUB) zone via the proposed Final PUD Development Plan
with conditions requiring landscaping, striping, signage, and drop-
off parking along East Hallam St.
After an adjunct discussion on affordable housing, the Commission
voted 4-2 to forward a recommendation that Council "consider
creating housing opportunities to help mitigate housing required
or made necessary directly or indirectly by the change in use from
educational to arts and recreational even though both are within
the public use"
ALTERNATIVES: The land area could remain zoned as R-6 Medium
Density Residential with an SPA (Specially Planned Area) overlay
map amendment and use variation to allow "arts, cultural and
recreational activities, buildings and uses".
PROPOSED MOTION: "I move to adopt Ordinance 22, Series 1993 at
second reading, approving with conditions the rezoning of the
former Red Brick School site from R-6 Medium Density Residential
to Public (PUB) , the Final PUD Development Plan, and a GMQS
6
Tim Anderson, 12 : 19 PM 9/28/99 Yellow Brick
X-Sender: tima @recreat
Date : Tue, 28 Sep 1999 12 : 19 : 44 -0600
To: nickl @ci . aspen. co. us
From: Tim Anderson <tima @ci . aspen. co. us>
Subject : Yellow Brick
Nick,
I found the memo I was looking for, but it did not referance any use
of the
facility. It did however referance a memo I had written Council in
April of
1998 regarding the operation of the Yellow Brick and a pro forma. I
think I
may have referanced uses in that memo if Kathryn has a copy. I no
longer
have a copy of it . It was a memo that asked council to approve a pro
forma
for the operation of the Yellow Brick beginning in May of 1998 .
Sorry,
Tim
Printed for Nick Lelack <nickl@ci.aspen.co.us> l
Tim Anderson, 09:56 AM 9127199 Re Yellow Brick rezoning
X-Sender: tima @recreat
Date: Mon, 27 Sep 1999 09 : 56: 04 -0600
To: Nick Lelack <nickl @ci . aspen. co. us>
From: Tim Anderson <tima @ci . aspen. co.us>
Subject : Re: Yellow Brick rezoning
Nick,
The Red Brick currently houses Non profits, artists, and groups like
Aspen
Ballet who I don' t believe are non profit, but offer valuable
community
programs . does that help?
Tim
At 10 : 38 AM 9/27/99 -0500, you wrote :
>Hi Tim,
>I see that the Red Brick is zoned Public. Does this building only
house
>city government offices and programs? I ask because I wonder if the
code
>amendments to the Public Zone will have any impact on Red Brick; for
>example, would non-profits, private schools, or child care centers
see the
>code amendments as an open door to the Red Brick? I am trying
anticipate
>questions that P&Z or Council might ask.
>Thanks . NL
Printed for Nick Lelack <nickl @ci.aspen.co.us> 1
ACTION: Amendment to the Land Use Code
Standards applicable to a land use code text amendment:
A. Whether the proposed amendment is in conflict with any
applicable portions of this title.
B. Whether the proposed amendment is consistent with all elements
of the Aspen Area Comprehensive Plan.
C. Whether the proposed amendment is compatible with surrounding
zone districts and land uses, considering existing land use and
neighborhood characteristics.
D. The effect of the proposed amendment on traffic generation and
road safety.
E. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether and 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.
F. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment.
G. Whether the proposed amendment is consistent and compatible with
the community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject
parcel or the surrounding neighborhood which support the proposed
amendment.
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.
Tim Anderson, 01 :34 PM 9/24/99 , Re: Yellow Brick tenants
X-Sender: tima @recreat
Date : Fri, 24 Sep 1999 13 : 34 : 33 -0600
To: Nick Lelack <nickl @ci . aspen. co. us>
From: Tim Anderson <tima @ci . aspen. co.us>
Subject : Re: Yellow Brick tenants
Nick,
If it helps we had a Yellow Brick committee which defined the use in
the
basement as educational or community service in nature and compatible
with
child care . As I mentioned before, it was the committee ' s
recommendation to
grandfather Aspen Interactive into the facility.
Also, I have had the question posed to me as to any time restrictions
for
operations in the building. We have a renter and child care agency
who
would like to operate until 11 : 00 P.M. I don' t see that either of
these
uses are going to disrupt the neighbors, but wanted to see if the code
mentioned anything along these lines? Thanks,
Tim
At 01 : 56 PM 9/24/99 -0500, you wrote:
>Tim,
>I explained the situation to him that Aspen Interactive may be a
>non-conforming use in the building. He is also interested in
defining which
>non-profits be allowed in the building so that additional
"commercial"
>non-profits not be allowed - even for higher rents . It probably is a
good
>idea for us to come up with a definition of non-profits anyway since
we are
>proposing that they be considered essential public facilities
(essential
>public facilities are allowed in the Public Zone) . Part of the code
>amendment that we are proposing in conjunction with the rezoning is
to
>include non-profits in the essential public facilities definition (a
>separate part of the code already alludes to this definition) .
Non-profits
>are a grey area throughout the code and need a clear definition.
>Thanks .
>Nick
Printed for Nick Lelack <nickl @ci.aspen.co.us> 1
>At 12 : 08 PM 9/24/99 -0600, you wrote:
>>Nick,
>>Aspen Interactive has been grandfathered into the rent structure as
they
>>were in the building when it was purchased and no one cared to kick
them out
>>just because the building had been purchased by the City. Council
could
>>decide to set policy that they will pay higher rent or once the
rennovation
>>is complete they could be evicted, but I would doubt that . I can
let the
>>child care agencies know about the hearing and work on getting
someone to
>>that meeting. Thanks,
>>Tim
>>At 01 : 28 PM 9/24/99 -0500, you wrote:
>>>Thanks . I don' t know of any other information at this point that
I ' ll need,
>>>but it might help to have someone there that knows the facility and
>>>someone (s) from the agencies or non-profits . I received a call
this morning
>>>concerning the non-profits in the building, particulary Aspen
Interactive.
>>>He said said this is actually a business in which the owner makes a
very
>>>nice salary and pays very little rent . He is affraid that other
businesses
>>>will turn into non-profits to take advantage of the low cost rental
spaces .
>>NL
>>>At 11 : 45 AM 9/24/99 -0600, you wrote:
»»Nick,
»»The kindergarten is the Waldorf School and the child care agencies
are:
»»Early Learning Center
»»Mare ' s Play Group
»»Kid' s Club - Aspen Skiing Company
»»Also, I sam trying to schedule a vacation after having to cancel
once
»»already and the time that works best for me is Oct . 15 thru 31 .
Printed for Nick Lelack <nickl @ci.aspen.co.us> 2
That means
»»I would miss the zoning hearing on the 19th of Oct . This meeting
is the
»»only one that interferes with my vacation. What info do you need
and I
»»might be able to send someone else. Thanks,
»»Tim
»»At 04 : 57 PM 9/23/99 -0500, you wrote:
»»>Hi Tim,
»»>Can you give me the names of the 3 child care agencies and
private
»»>kindergarten at the Yellow Brick School? From our meeting, I
only have the
»»>Aspen Waldorf School . Does the Waldorf operate the kindergarten
and l
child
»»>care center? If so, who are the other 2 child care agencies?
»»>Thanks .
»»>NL
Printed for Nick Lelack <nickl @ci .aspen.co.us> 3
Tim Anderson, 12 :08 PM 9/24/99 Re: Yellow Brick tenants
X-Sender: tima @recreat
Date : Fri, 24 Sep 1999 12 : 08 : 29 -0600
To: Nick Lelack <nickl @ci . aspen. co. us>
From: Tim Anderson <tima @ci. aspen. co. us>
Subject : Re : Yellow Brick tenants
Nick,
Aspen Interactive has been grandfathered into the rent structure as
they
were in the building when it was purchased and no one cared to kick
them out
just because the building had been purchased by the City. Council
could
decide to set policy that they will pay higher rent or once the
rennovation
is complete they could be evicted, but I would doubt that . I can let
the
child care agencies know about the hearing and work on getting someone
to
that meeting. Thanks,
Tim
At 01 : 28 PM 9/24/99 -0500, you wrote:
>Thanks . I don' t know of any other information at this point that
I ' ll need,
>but it might help to have someone there that knows the facility and
>someone (s) from the agencies or non-profits . I received a call this
morning
>concerning the non-profits in the building, particulary Aspen
Interactive .
>He said said this is actually a business in which the owner makes a
very
>nice salary and pays very little rent . He is affraid that other
businesses
>will turn into non-profits to take advantage of the low cost rental
spaces .
NL
>At 11 : 45 AM 9/24/99 -0600, you wrote :
>>Nick,
>>The kindergarten is the Waldorf School and the child care agencies
are:
>>Early Learning Center
>>Mare ' s Play Group
>>Kid' s Club - Aspen Skiing Company
Printed for Nick Lelack <nickl @ci.aspen.co.us> l
>>Also, I sam trying to schedule a vacation after having to cancel
once
>>already and the time that works best for me is Oct . 15 thru 31 .
That means
>>I would miss the zoning hearing on the 19th of Oct . This meeting is
the
>>only one that interferes with my vacation. What info do you need
and I
>>might be able to send someone else . Thanks,
>>Tim
>>At 04 : 57 PM 9/23/99 -0500, you wrote:
>>>Hi Tim,
>>>Can you give me the names of the 3 child care agencies and private
>>>kindergarten at the Yellow Brick School? From our meeting, I only
have the
>>>Aspen Waldorf School . Does the Waldorf operate the kindergarten
and 1 child
>>>care center? If so, who are the other 2 child care agencies?
>>>Thanks .
>>>NL
Printed for Nick Lelack <nick1 @ci.aspen.co.us> _ 2
Tim Anderson, 11 :45 AM 9/24/99 Re: Yellow Brick tenants
X-Sender: tima @recreat
Date : Fri, 24 Sep 1999 11 : 45 : 08 -0600
To: Nick Lelack <nickl @ci . aspen. co.us>
From:- Tim- Anderson- <tima@ci . aspen. co.us>
Subject : Re: Yellow Brick tenants
Nick,
The kindergarten is the Waldorf School and the child care agencies
are:
Early Learning Center
Mare ' s Play Group
Kid' s Club - Aspen Skiing Company
Also, I sam trying to schedule a vacation after having to cancel once
already and the time that works best for me is Oct . 15 thru 31 . That
means
I would miss the zoning hearing on the 19th of Oct . This meeting is
the
only one that interferes with my vacation. What info do you need and
I
might be able to send someone else. Thanks,
Tim
At 04 : 57 PM 9/23/99 -0500, you wrote:
>Hi Tim,
>Can you give me the names of the 3 child care agencies and private
>kindergarten at the Yellow Brick School? From our meeting, I only
have the
>Aspen Waldorf School . Does the Waldorf operate the kindergarten and
1 child
>care center? If so, who are the other 2 child care agencies?
>Thanks .
>NL
�_ Printed for Nick Lelack <nickl @ci .aspen.co.us> 1
RED BRICK ARTS CENTER
Leasing Schedule
For the Lease Year of 10/1/99 to 9/30/00
Space Tenant Monthly Parking Utilities Utilities Monthy 7 Lease Term
Sq Ft Net Rent % Water Electric Gas Sewer % Trash Annual Monthly Gross Rent
102 Filmfest 420 457.80 45.00 1.6740/. 50.21 261.08 234.30 23.43 3.086% 92.59 661.61 55.13 557.93 10/1/97-9/30/98
103 Theatre in the Park 227 247.43 45.00 0.905% 27.14 141.11 126.63 12.66 1.668% 50.04 357.58 29.80 322.23 10/1/95-9/30/98
104 Jazz Aspen 546 595.14 135.00 2.176%1 65.27 339.40 304.59 30.46 4.012% 120.371 860.09 71.67 801.81 10/1/97-9/30/98
105 Aspen Ballet 2963 3,229.67 135.00 11.807%1 354.20 1,841.85 1,652.94 165.29 21.774% 653.22 4,667.50 388.96 3,753.63 10/1/95-9/30/98
114 Aspen Community Institute 72 78.48 45.00 0.287% 8.61 44.76 40.17 4.02 0.529% 15.87 113.42 9.45 132.93 10/1/96-9/30/98
116 Writers' Foundation 336 366.24 45.00 1.339% 40.17 208.86 187.44 18.74 2.469% 74.07 529.29 44.11 455.35 10/1/977-9/30/98
118 Arts Council 336 366.24 0.00 1.339% 40.17 208.86 187.44 18.74 2.469% 74.07 529.29 44.11 410.35 10/1/95-9/30/98
123 Aspen Art Musuem 535 583.15 45.00 2.132% 63.95 332.56 298.46 29.85 3.932% 117.95 842.76 70.23 698.38 10/1/97-9/30/98
125 Buddy Program 567 618.03 90.00 2.259% 67.78 352.46 316.31 31.63 4.167% 125.00 893.17 74.43 782.46 10/1/95-9/30/98
126 Aspen Foundation 1600 1,744.00 135.00 6.376% 191.27 994.58 892.58 89.26 11.758% 352.73 2,520.42 210.03 2,089.03 10/1/97-9/30/98
132 Grassroots TV 1214 1,323.26 90.00 4.837% 145.12 754.64 677.24 67.72 8.921% 267.64 1,912.37 159.36 1,572.62 10/1/96-9/30/98
133 Grassroots Experience 741 807.69 90.00 2.953% 88.58 460.6_2 413.37 _ 41.34 5.445% 163.36 1,167.27 97.27 994.96 10/1/95-9/30/98
134 IKYJX 1416 1,543.44 45.00 5.642% 169.27 880.21 789.93 78.99 10.406%1 312.17 2,230.57 185.88 1,774.32 Month to Month
135 City Recreation Dept. 0.00 0.00 45.776% 1,373.28 7,141.06 6,408.64 640.86 0.000%1 0.00 15,563.84 1,296.99 1,296.99 ???
Scene Ferrara 456 497.04 45.00 1.817% 54.51 28146 254.38 25.44 3.351% 100.53 718.32 59.86 601.90 jMonth to Month
124E Farson 274 298.66 1.092% 32.75 170.32 152.85 15.29 2.014% 60.41 431.62 35.97 334.63 IMonth to Month
110L Waller 274 298.66 1.092% 32.75 170.32 152.85 15.29 2.014% 60.41 431.62 35.97 1 334.63 IMonth to Month
112 Madlener 538 586.42 45.001 2.144% 64.31 334.43 300.13 30.01 3.954% 118.61 847.49 70.62 702.04 Month to Mont;:i
11OR Schermer 274 298.66 1.092% 32.75 170.32 152.85 15.29 2.014% 60.41 431.62 35.97 334.63 Month to Month
124R Simmons 274 298.66 1.092% 32.75 170.32 152.85 15.29 2.014% 60.41 431.621 35.97 334.63 Month to Month
109 Weiss 545 594.05 45.00 2.172% 65.15 338.78 304.031 30.40 4.005% 120.15 858.52 71.54 710.59 Month to Month
Total 1 13,608 14,832.72 1,080.00 100.000% 3,000.00 15,600.00 14,000.00 1,400.001 100.000 9/6- 3,000.00 37,000.00 3,083.33 18,996.05
Annual Assessment Budget
Water 3000
Electric 15600
Gas 14000
Sewer 1400
Trash 3000
Total Utilities 37000
Leasing Schedule 10-99 to 9-00 10/28/99 4:53 PM