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HomeMy WebLinkAboutcoa.lu.rz.Mountain rescue Cabin.24A-89 MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr. , City Manager q� FROM: Alan Richman, Planning Office , RE: Mountain Rescue Rezoning, Consolidated Final PUD and GMQS Exemption DATE: June 29, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY: The Planning Office and P&Z recommend that Council grant final approval to the project and to Ordinance 34 . APPLICANT: Mountain Rescue, Aspen, a Colorado non-profit corporation, leaseholder, and the City of Aspen as landowner, as authorized by the City Manager's Office. REQUEST: The applicant requests that Lot M, Block 24, City and Townsite of Aspen (630 W. Main Street, A/K/A, the Rossetter Cabin) , currently zoned O, Office, be rezoned to PUB, Public. This will make the current nonconforming use of the cabin a permitted use and allow its expansion by approximately 1145 sq. ft. , of which 890 sq. ft. will be an addition to the cabin and 255 sq. ft. will increase the size of the garage. BACKGROUND: Mountain Rescue, which began in the 19501x, obtained its home about 1965 through a donation. Current development on the site consists of a 600 sq. ft. cabin and 480 sq. ft. garage. Since the property comprises only 3, 000 sq. ft. , and the Office zone district has a minimum lot size of 6, 000 sq. ft. , this is a nonconforming lot of record. Section 9-106 of the Land Use Regulations provides that such lots may only contain a detached residential unit. Therefore, the existing use is nonconforming and must be rezoned to public to permit the requested expansion. PROBLEM DISCUSSION: Following are the review standards for rezoning applications and the appropriate response. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is consistent with the applicable portions of the Aspen Land Use Regulations and removes the existing conflict, which is the use' s nonconformity. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: Although this public facility is not recognized in the 1973 Aspen Land Use Plan, it is an existing essential facility. It is not feasible to relocate this facility elsewhere, given existing public space constraints and the cost of land. Its central location is of benefit during rescue operations. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The Public zone, by its nature, is scattered throughout the community, surrounded by residential, commercial and lodge land uses. The neighborhood in the vicinity of the subject property includes both residential and commercial uses of varying intensities . A multifamily structure is found immediately to the west of the property, while the rest of the block consists of older, one story residences. The applicant's proposal, which is a combination one and two story structure, is in keeping with this diverse neighborhood. Moreover, while the subject use is high intensity when a rescue operation is underway or when a meeting is held once a month, it is otherwise dormant. Given its location on Main Street, on which several other public uses are located (library, Forest Service) we find the proposal to be compatible with surrounding zones and uses. D. The effect of the proposed amendment on traffic generation and road safety. Response: The intention of the expansion proposal is to accommodate the existing needs of the operation. As noted above, use of the property is intermittent. The Engineering Department believes traffic generation will not increase. Parking is adequately handled on-site and along Main Street. 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. Response: Referral comments from the Engineering Department, Fire Marshall and Sanitation District substantiate the adequacy of existing services to this property. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: There should be no adverse impacts from this proposal. 2 G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Since the property is within the Main Street Historic District, the proposed addition was reviewed by HPC on May 10, at which time conceptual approval was granted to the project and June 14, at which time final approval was received. The Public zone district provides further assurance that the property will remain compatible by requiring PUD review for any change to the site's dimensional requirements. Finally, it is evident that retaining this use within the City is an important element of our overall community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The applicant has demonstrated the increased need for this service, which necessitates the expansion. The rezoning is the only method we can identify to permit this expansion. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: To the contrary, we find this use to be directly in the public interest and a necessary part of our mountain town. The Planning Office and P&Z find the proposed rezoning to be both necessary and appropriate and recommends its approval. Section 5-220 D of the Aspen Land Use Regulations requires the site's dimensional requirements to be set by adoption of a conceptual and final PUD plan. Staff recommends that Council consent to processing as a consolidated PUD, within which P&Z takes responsibility for conceptual and Council for final review. The following are the dimensional requirements which should be established for this site, reflected on the proposed site plan: Minimum lot size: 3 , 000 sq. ft. Minimum lot area per dwelling unit: not applicable (N/A) Minimum lot width: 30 ft. Minimum front yard: 19 ft. Minimum rear yard: 9 ft. Minimum side yard: 5 ft. Maximum height: 20 ft. Minimum distance between principal and accessory building: N/A Percent of open space required for building site: no requirement 3 External floor area ratio: 0.75: 1 Internal floor area ratio: no requirement. Most of the above requirements are equal to or more stringent than those of the surrounding Office zone district. The exceptions to this rule are the minimum lot size, for the reasons previously noted, and the rear yard, which is required to be 15 feet in the Office zone district. We feel it is reasonable to set the rear yard at 9 ft. , given the needs for storage of equipment for rescue operations. Parking for this use in the Public zone district was set by review of the Commission. The basis of this review is to insure that the parking needs for the use are being met, considering potential uses of the property, its proximity to transit and any special services provided to users of the site. The Commission found the proposed 4 spaces, intended to accommodate the operation's three vehicles, two snowmobiles and trailer adequate, given the availability of parking on Main Street for volunteers. If the rezoning is granted, a GMQS exemption for the expansion of an essential community facility is also required. The review standards for this exemption are as follows. The project does serve an essential public purpose, provide facilities in response to growth, while not generating growth, and is a not-for-profit venture. The project's impacts appear to be negligible. The Housing Authority concurs that additional employees will not be generated by the project. Basic community services will not be affected by the expansion, as it merely accommodates the existing operation in a more functional arrangement. In fact, since this operation provides an essential service to the community at no cost to taxpayers, it clearly is a net benefit to Aspen. Engineering requests the applicant agree to join any improvement districts which may be formed and provide a sidewalk along the property frontage. After consulting with Chuck Roth, he agreed that these requirements should be imposed upon the City as landowner and not the Mountain Rescue operation. The Sanitation District has also suggested that fees may be waived, as long as the use remains a not-for-profit venture. The Environmental Health Department has identified certain laws which the project must meet. Additionally, the Planning staff requests that the small tree, located along the eastern property line, be relocated if construction threatens its existence. We also request that the small shed which encroaches onto the western edge of the property be removed, since it is clearly a temporary structure, built for the benefit of the neighboring multi-family dwellings, which does not belong on this property. RECOMMENDED MOTION: "Move to adopt Ordinance 34, Series of 1989. " "Move to grant final PUD approval and GMQS exemption to the 4 project, subject to the following conditions: 1. Prior to occupancy, the City of Aspen shall provide a sidewalk along the front of the property, whose materials and design shall be accepted by the Engineering Department and HPC. 2 . The applicant shall comply with the requirements of the Environmental Health Department, as stated in their memo dated April 18, 1989. 3 . The shed which encroaches onto the western property boundary shall be relocated off this lot prior to occupancy of the addition. 4 . The applicant shall relocate the small tree on the eastern property boundary to a more suitable location on the property, such as the front yard, if construction is found to threaten its existence. 5. The applicant shall, prior to issuance of a building permit, submit to the Engineering Department a reproducible mylar of the improvements survey. Included on the mylar shall be listing of the site's approved PUD dimensional requirements. CITY MANAGERS COMMENTS: mtnrescue 5 PUBLIC NOTICE RE: MOUNTAIN RESCUE CABIN CONSOLIDATED FINAL PUD, REZONING, AND GMQS EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July lm, 1989, at a meeting to begin at 5:00 P.M. before the Aspen City Council, City Council Chamber, 130 South Galena Street, Aspen, Colorado to consider an application submitted by Jane Ellen Hamilton on behalf of her client, Mountain Rescue- Aspen, requesting Rezoning from Office (0) to Public Zone District with a PUD designation of the property located at 630 W. Main Street, Lot M, Block 24. This property is owned by the City of Aspen and leased to Mountain Rescue. In addition to the rezoning, the applicant requests Consolidated Final PUD approval and GMQS Exemption for Essential Public Facilities. The purpose of the request is to expand the existing 600 square foot cabin by approximately 890 square feet and the 480 square foot garage by approximately 255 square feet. For further information, contact the Aspen/Pitkin County Planning Office, 130 S. Galena Street, Aspen, (303) 920-5090. s/William L. Stirling, Mayor Aspen City Council Published in The Aspen Times on June 22 , 1989. City of Aspen Account. 49� ORDINANCE NO. (SERIES OF 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING LOT M OF BLOCK 24, CITY AND TOWNSITE OF ASPEN FROM OFFICE TO PUBLIC WHEREAS, on April 3, 1989, Mountain Rescue, Aspen, a Colorado non-profit corporation, leaseholder, and the City of Aspen, landowner, submitted an application requesting rezoning of Lot M, Block 24, City and Townsite of Aspen; and WHEREAS, on April 4, 1989, the Aspen Planning and Zoning Commission (hereinafter, "the Commission") decided to sponsor the rezoning request in order that it not be subject to the semi- annual submission deadline for such applications; and WHEREAS, the request is to rezone the above stated lots from Office to Public in order to enable the Mountain Rescue cabin to become a conforming use and expand to meet its current needs; and WHEREAS, the Commission held a public hearing on the request on May 16 and recommended to the City Council that Lot M, Block 24, City and Townsite of Aspen, be rezoned to Public; and WHEREAS, the City Council has considered the recommendation of the Commission, and has determined that the proposed rezoning is compatible with the surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby rezone Block 24 , Lot M, City and Townsite of Aspen from Office to Public. 1 Section 2: That the Zone District Map be and hereby is amended to reflect the zoning described in Section 1 and that the Planning Director is hereby authorized and directed to amend said map to reflect the new zoning. Section 3• That the City Clerk be and hereby 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 4• If any section. subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the day of 1989 at 5: 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be 2 published once 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 day of 1989. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of 1989. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk mtrescueord 3 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 4/3/89 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-124-44-? 24A-89 STAFF MEMBER: P011!— PROJECT NAME: Mountain Rescue Cabin Rezoning, Conceptual PUD, GMQS Exemption for Essential Public Facility Project Address: 630 W. Main Street Legal Address: Lot M, Block 24 APPLICANT: Mountain Rescue-Aspen Applicant Address: P. O. Box 4446, Aspen REPRESENTATIVE: Jane Ellen Hamilton Garfield & Hecht Representative Address/Phone: 601 E. Hyman Avenue Aspen, CO 5-1936 PAID: YES NO AMOUNT: $1,500. NO. OF COPIES RECEIVED: 1 .�5/fie TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date �� PUBLIC HEARING: ES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: (9S) NOR�9 VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REF LS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other VAspen Consol. Energy Center S.D. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: 7�J INITIAL: £ ✓vl. City Atty City Engineer X Zoning __�/ Env. Health Housing Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr. , City Manager no FROM: Alan Richman, Planning Office RE: Mountain Rescue Rezoning, Consolidated Final PUD a n d GMQS Exemption DATE: June 7, 1989 SUMMARY: The Planning Office and Planning Commission recommend that Council grant first reading approval to Ordinance S`A . APPLICANT: Mountain Rescue, Aspen, a Colorado non-profit corporation, leaseholder, and the City of Aspen as landowner, as authorized by the City Manager's Office. REQUEST: The applicant requests that Lot M, Block 24, City and Townsite of Aspen (630 W. Main Street, A/K/A, the Rossetter Cabin) , currently zoned O, Office, be rezoned to PUB, Public. This will make the current nonconforming use of the cabin a permitted use and allow its expansion by approximately 1145 sq. ft. , of which 890 sq. ft. will be an addition to the cabin and 255 sq. ft. will increase the size of the garage. BACKGROUND: Mountain Rescue, which began in the 19501s, obtained its home about 1965 through a donation. Current development on the site consists of a 600 sq. ft. cabin and 480 sq. ft. garage. Since the property comprises only 3, 000 sq. ft. , and the Office zone district has a minimum lot size of 6, 000 sq. ft. , this is a nonconforming lot of record. Section 9-106 of the Land Use Regulations provides that such lots may only contain a detached residential unit. Therefore, the existing use is nonconforming and must be rezoned to public to permit the requested expansion. PROBLEM DISCUSSION: Following are the review standards for rezoning applications and the appropriate response. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is consistent with the applicable portions of the Aspen Land Use Regulations and removes the existing conflict, which is the use' s nonconformity. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: Although this public facility is not recognized in the 1973 Aspen Land Use Plan, it is an existing essential facility. It is not feasible to relocate this facility elsewhere, given existing public space constraints and the cost of land. Its central location is of benefit during rescue operations. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The Public zone, by its nature, is scattered throughout the community, surrounded by residential, commercial and lodge land uses. The neighborhood in the vicinity of the subject property includes both residential and commercial uses of varying intensities . A multifamily structure is found immediately to the west of the property, while the rest of the block consists of older, one story residences. The applicant' s proposal, which is a combination one and two story structure, is in keeping with this diverse neighborhood. Moreover, while the subject use is high intensity when a rescue operation is underway or when a meeting is held once a month, it is otherwise dormant. Given its location on Main Street, on which several other public uses are located (library, Forest Service) we find the proposal to be compatible with surrounding zones and uses. D. The effect of the proposed amendment on traffic generation and road safety. Response: The intention of the expansion proposal is to accommodate the existing needs of the operation. As noted above, use of the property is intermittent. The Engineering Department believes traffic generation will not increase. Parking is adequately handled on-site and along Main Street. 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. Response: Referral comments from the Engineering Department, Fire Marshall and Sanitation District substantiate the adequacy of existing services to this property. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: There should be no adverse impacts from this proposal. 2 G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Since the property is within the Main Street Historic District, the proposed addition was reviewed by HPC on May 10, at which time HPC granted conceptual approval to the project. Final approval must be obtained prior to final action by Council. The Public zone district provides further assurance that the property will remain compatible by requiring PUD review for any change to the site's dimensional requirements. Finally, it is evident that retaining this use within the City is an important element of our overall community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The applicant has demonstrated the increased need for this service, which necessitates the expansion. The rezoning is the only method we can identify to permit this expansion. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: To the contrary, we find this use to be directly in the public interest and a necessary part of our mountain town. The Planning Office and P&Z find the proposed rezoning to be both necessary and appropriate and recommends its approval. Section 5-220 D of the Aspen Land Use Regulations requires the site's dimensional requirements to be set by adoption of a conceptual and final PUD plan. Staff recommends that Council consent to processing as a consolidated PUD, within which P&Z takes responsibility for conceptual and Council for final review. Although we will not actually consider the final PUD application or GMQS exemption request until second reading, the following is presented for your complete understanding of the project. The following are the dimensional requirements which should be established for this site, reflected on the proposed site plan: Minimum lot size: 3 , 000 sq. ft. Minimum lot area per dwelling unit: not applicable (N/A) Minimum lot width: 30 ft. Minimum front yard: 19 ft. Minimum rear yard: 9 ft. 3 Minimum side yard: 5 ft. Maximum height: 20 ft. Minimum distance between principal and accessory building: N/A Percent of open space required for building site: no requirement External floor area ratio: 0.75: 1 Internal floor area ratio: no requirement. Most of the above requirements are equal to or more stringent than those of the surrounding Office zone district. The exceptions to this rule are the minimum lot size, for the reasons previously noted, and the rear yard, which is required to be 15 feet in the Office zone district. We feel it is reasonable to set the rear yard at 9 ft. , given the needs for storage of equipment for rescue operations. Parking for this use in the Public zone district was set by review of the Commission. The basis of this review is to insure that the parking needs for the use are being met, considering potential uses of the property, its proximity to transit and any special services provided to users of the site. The Commission found the proposed 4 spaces, intended to accommodate the operation's three vehicles, two snowmobiles and trailer adequate, given the availability of parking on Main Street for volunteers. If the rezoning is granted, a GMQS exemption for the expansion of an essential community facility is also required. The review standards for this exemption are as follows. The project does serve an essential public purpose, provide facilities in response to growth, while not generating growth, and is a not-for-profit venture. The project's impacts appear to be negligible. The Housing Authority concurs that additional employees will not be generated by the project. Basic community services will not be affected by the expansion, as it merely accommodates the existing operation in a more functional arrangement. In fact, since this operation provides an essential service to the community at no cost to taxpayers, it clearly is a net benefit to Aspen. Engineering requests the applicant agree to join any improvement districts which may be formed and provide a sidewalk along the property frontage. After consulting with Chuck Roth, he agreed that these requirements should be imposed upon the City as landowner and not the Mountain Rescue operation. The Sanitation District has also suggested that fees may be waived, as long as the use remains a not-for-profit venture. The Environmental Health Department has identified certain laws which the project must meet. Additionally, the Planning staff requests that the small tree, located along the eastern property line, be relocated if construction threatens its existence. We also request that the small shed which encroaches onto the western edge of the property be removed, since it is clearly a temporary structure, built for the benefit of the neighboring multi-family dwellings, which does not belong on this property. 4 RECOMMENDED MOTION: "Move to read Ordinance 3� , Series of 1989. " "Move to approve on first reading Ordinance T Series of 1989 . " When final approval is granted to the rezoning at second reading, we also recommend the Council grant final PUD approval and GMQS exemption to the project, subject to the following conditions: 1. Prior to occupancy, the City of Aspen shall provide a sidewalk along the front of the property, whose materials and design shall be accepted by the Engineering Department and HPC. 2 . The applicant shall comply with the requirements of the Environmental Health Department, as stated in their memo dated April 18, 1989 . 3 . The shed which encroaches onto the western property boundary shall be relocated off this lot prior to occupancy of the addition. 4 . The applicant shall relocate the small tree on the eastern property boundary to a more suitable location on the property, such as the front yard, if construction is found to threaten its existence. 5. Final approval shall be obtained from HPC prior to final action on the rezoning and GMQS exemption by City Council. 6. The applicant shall, prior to issuance of a building permit, submit to the Engineering Department a reproducible mylar of the improvements survey. CITY MANAGERS COMMENTS: mtnrescue 5 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Director RE: Mountain Rescue Rezoning, Consolidated Conceptual PUD and GMQS Exemption DATE: May 11, 1989 ---------------------------------------------------------------- ---------------------------------------------------------------- SUMMARY: The Planning Office recommends that P&Z recommend that Council approve the applicant's requests. APPLICANT: Mountain Rescue, Aspen, a Colorado non-profit corporation, leaseholder, and the City of Aspen as landowner, as authorized by the City Manager's Office. REQUEST: The applicant requests that Lot M, Block 24, City and Townsite of Aspen (630 W. Main Street, A/K/A, the Rossetter Cabin) , currently zoned O, Office, be rezoned to PUB, Public. This will make the current nonconforming use of the cabin a permitted use and allow its expansion by approximately 1145 sq. ft. , of which 890 sq. ft. will be an addition to the cabin and 255 sq. ft. will increase the size of the garage. BACKGROUND: Mountain Rescue, which began in the 19501s, obtained its home about 1965 through a donation. Current development on the site consists of a 600 sq. ft. cabin and 480 sq. ft. garage. Since the property comprises only 3, 000 sq. ft. , and the Office zone district has a minimum lot size of 6, 000 sq. ft. , this is a nonconforming lot of record. Section 9-106 of the Land Use Regulations provides that such lots may only contain a detached residential unit. Therefore, the existing use is nonconforming and must be rezoned to public to permit the requested expansion. PROBLEM DISCUSSION: Following are the review standards for rezoning applications and the appropriate response. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: The proposed amendment is consistent with the applicable portions of the Aspen Land Use Regulations and removes the existing conflict, which is the use's nonconformity. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: Although this public facility is not recognized in the 1973 Aspen Land Use Plan, it is an existing essential facility. It is not feasible to relocate this facility elsewhere, given existing public space constraints and the cost of land. Its central location is of benefit during rescue operations. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: The Public zone, by its nature, is scattered throughout the community, surrounded by residential, commercial and lodge land uses. The neighborhood in the vicinity of the subject property includes both residential and commercial uses of varying intensities . A multifamily structure is found immediately to the west of the property, while the rest of the block consists of older, one story residences. The applicant's proposal, which is a combination one and two story structure, is in keeping with this diverse neighborhood. Moreover, while the subject use is high intensity when a rescue operation is underway or when a meeting is held once a month, it is otherwise dormant. Given its location on Main Street, on which several other public uses are located (library, Forest Service) we find the proposal to be compatible with surrounding zones and uses. D. The effect of the proposed amendment on traffic generation and road safety. Response: The intention of the expansion proposal is to accommodate the existing needs of the operation. As noted above, use of the property is intermittent. The Engineering Department believes traffic generation will not increase. Parking is adequately handled on-site and along Main Street. 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. Response: Referral comments from the Engineering Department, Fire Marshall and Sanitation District substantiate the adequacy of existing services to this property. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: There should be no adverse environmental impacts from this proposal. 2 G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Since the property is within the Main Street Historic District, the proposed addition was reviewed by HPC on May 10, at which time HPC granted conceptual approval to the project. Final approval must be obtained prior to final action by Council. The Public zone district provides further assurance that the property will remain compatible by requiring PUD review for any change to the site's dimensional requirements. Finally, it is evident that retaining this use within the City is an important element of our overall community character. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The applicant has demonstrated the increased need for this service, which necessitates the expansion. The rezoning is the only method we can identify to permit this expansion. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: To the contrary, we find this use to be directly in the public interest and a necessary part of our mountain town. The Planning Office finds the proposed rezoning to be both necessary and appropriate and recommends its approval. Section 5-220 D of the Aspen Land Use Regulations requires the site' s dimensional requirements to be set by adoption of a conceptual and final PUD plan. Staff recommends that P&Z consent to processing as a consolidated PUD, within which P&Z takes responsibility for conceptual and Council for final review. The following are the site's dimensional requirements: Minimum lot size: 3, 000 sq. ft. Minimum lot area per dwelling unit: not applicable (N/A) Minimum lot width: 30 ft. Minimum front yard: 19 ft. Minimum rear yard: 9 ft. Minimum side yard: 5 ft. Maximum height: 20 ft. Minimum distance between principal and accessory building: N/A Percent of open space required for building site: no requirement External floor area ratio: 0. 75: 1 Internal floor area ratio: no requirement. 3 Most of the above requirements are equal to or more stringent than those of the surrounding Office zone district. The exceptions to this rule are the minimum lot size, for the reasons previously noted, and the rear yard, which is required to be 15 feet in the Office zone district. We feel it is reasonable to set the rear yard at 9 ft. , given the needs for storage of equipment for rescue operations. Parking for this use in the Public zone district must be set by review of the Commission. The basis of this review is to insure that the parking needs for the use are being met, considering potential uses of the property, its proximity to transit and any special services provided to users of the site. Engineering and Planning staff believe the proposed 4 spaces, intended to accommodate the operation's three vehicles, two snowmobiles and trailer are sufficient, given the availability of parking on Main Street for volunteers. If the rezoning is granted, a GMQS exemption for the expansion of an essential community facility is also required. The review standards for this exemption are as follows. The project does serve an essential public purpose, provide facilities in response to growth, while not generating growth, and is a not-for-profit venture. The project's impacts appear to be negligible. The Housing Authority concurs that additional employees will not be generated by the project. Basic community services will not be affected by the expansion, as it merely accommodates the existing operation in a more functional arrangement. In fact, since this operation provides an essential service to the community at no cost to taxpayers, it clearly is a net benefit to Aspen. Engineering requests the applicant agree to join any improvement districts which may be formed and provide a sidewalk along the property frontage. After consulting with Chuck Roth, he agreed that these requirements should be imposed upon the City as landowner and not the Mountain Rescue operation. The Sanitation District has also suggested that fees may be waived, as long as the use remains a not-for-profit venture. The Environmental Health Department has identified certain laws which the project must meet. Additionally, the Planning staff requests that the small tree, located along the eastern property line, be relocated if construction threatens its existence. We also request that the small shed which encroaches onto the western edge of the property be removed, since it is clearly a temporary structure, built for the benefit of the neighboring multi-family dwellings, which does not belong on this property. RECOMMENDATION: We recommend that the Commission recommend to Council that the property be rezoned to public, that a GMQS exemption be granted to it, and that its dimensional and parking requirements be as established herein, subject to the following: 4 1. Prior to occupancy, the City of Aspen shall provide a sidewalk along the front of the property, whose materials and design shall be accepted by the Engineering Department and HPC. 2 . The applicant shall comply with the requirements of the Environmental Health Department, as stated in their memo dated April 18, 1989. 3 . The shed which encroaches onto the western property boundary shall be relocated off this lot prior to occupancy of the addition. 4. The applicant shall relocate the small tree on the eastern property boundary to a more suitable location on the property, such as the front yard, if construction is found to threaten its existence. 5. Final approval shall be obtained from HPC prior to final action on the rezoning and GMQS exemption by City Council. mtnrescue 5 MEMORANDUM To: Alan Richman, Planning Director From: Chuck Roth, Acting City Engineer Date : May 2, 1989 Re : Mountain Rescue-Aspen Rezoning, Conceptual PUD and GMQS Exemption for Essential Public Facility Having reviewed the above referenced application, the Engineering Department has the following comments : 1 . Although it does not appear that the project will require improvements to utility delivery systems, the applicant must check with the utilities to insure that improvements are not needed . Cost of improvements necessary for utility service are born by project developers . 2 . Because the application does not represent increased traffic demands, the parking provisions as proposed are satisfactory. 3 . The Engineering Department requests that the applicant be required to submit a reproducible mylar of the improvement survey for public records . 4 . The question of sidewalk construction within the City is a current topic of discussion at the Council level . The Historic Preservation Committee and the Planning & Zoning Commission have reviewed the Engineering Department sidewalk issue paper . There is consensus to require sidewalks in the Main Street/Highway 82 corridor . Therefore we recommend that construction of sidewalk be required of the applicant . There is an unresolved question of the desired architectural appearance of sidewalks . The consensus seems to be against plain, gray concrete sidewalks . Concrete with color or pavers or wood boardwalks similar to between Clark 's and the Post Office might be preferable . It is recommended that the sidewalk design be reviewed and perhaps approved by the Historic Preservation Committee, subject to final approval by Engineering Department. 5. The applicant should be required to execute an agreement with the City agreeing to join any improvement districts which might be formed for improvements to the public right-of-way. Please obtain current language from the city attorney's office . CR/cr/memo_89 . 29 . ASPEN#PITKIN ""', ENVIRO ENTAL HEALTH OEPARTMeIMT MEMORANDUM To: Alan Richman, Planning Office From: Lee E. Cassin, Environmental Health Department }�� C Date: April 18, 1989 Re: Mountain Rescue-Aspen Rezoning, Conceptual PUD and GMQS Exemption for Essential Public Facility Parcel ID# 2735-124-44-? ---------------------------------------------------------------- ---------------------------------------------------------------- The Aspen/Pitkin Environmental Health Department has reviewed the above-mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office. SEWAGE TREATMENT AND COLLECTION: The project is served with a public sewer system provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2 . 3 of the Pitkin County Regulations On Individual Sewagg Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers" . ADEQUATE PROVISIONS FOR WATER NEEDS: The project is served with water provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring that such projects "which use water shall be connected to the municipal water utility system" . AIR QUALITY: The applicant will be required to comply with fireplace and stove regulations which, among other things, require all fireplaces to be equipped with and used only with gas logs. They also require a permit and registration form from this office for any stove or fireplace that is proposed. This department is very pleased that the drawings show no fireplace or woodstove. This is a very good example for a public agency to set and one which we commend the applicant for. If the applicant agrees not to install any fireplace or stove in the future, the benefit to Aspen's air quality will be preserved. Ordinance 35, Series of 85, the City of Aspen Clean Indoor Air Act, must be complied with in this building. Smoking would be allowed 130 South Galena Street Aspen, Colorado 81611 303/925-2020 ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT Page 2 April 18, 1989 only in an enclosed smoking area which nonsmokers do not have to visit. Signs are required at the entrance and inside. The applicant will be required to submit to this office a plan which describes how fugitive dust will be minimized, such as by watering disturbed dirt and preventing mud-carryout onto city streets. During renovation of the existing building, it should be determined that no asbestos is present. This can be done by having a certified laboratory conduct sampling. If any asbestos is found, it must be removed by a certified company and the Colorado Health Department must be contacted to determine whether a permit is needed. NOISE• The applicant will be required to comply with Chapter 16 of the Aspen Municipal Code regarding Noise Abatement during construction. This portion of the code sets noise limits, which are stricter between 10 pm and 7 am. It is recommended that construction work be done only between 7 am and 7 pm with later starting times on the weekend. CONFORMANCE WITH OTHER LAWS: The applicant will need to discuss the exact plans for the kitchen area so we can determine whether compliance with Title 12 Article 44 Part 2 C.R.S. 1973 - Rules and Regulations Governing The Sanitation Of Food Service Establishments In The State Of Colorado, July 1, 1978 is required. CONTAMINATED SOILS: The applicant is advised to contact this office for comment should mine waste, waste rock or mine dumps be encountered during the excavation phase of the project. Disposal of such materials off- site is discouraged due to the possibility of excessive heavy metals being present in the soil. This is not a requirement, but simply a request based on past experience in dealing with mine waste and possible negative impacts to humans. /rescue. lur 130 South Galena Street Aspen, Colorado B1611 303/920-8070 DEVELOPMENT APPLICATION I. Introduction. This Development Application is submitted by Mountain Rescue - Aspen, a Colorado nonprofit corporation (the "Applicant") . This Application is for a rezoning of the property underlying the Mountain Rescue - Aspen cabin located at 630 West Main Street (the "Property") from Office (0) zone to the Public (PUB) zone pursuant to Article 7, Division 11 of the Aspen Land Use Regulations of the Aspen Municipal Code (the "Code") ; for an expansion of the square footage of the cabin by designating the Property a Planned Unit Development ("PUD") pursuant to Article 7, Division 9 of the Code and for an exemption from the Growth Management Quota System ("GMQS") for such expansion pursuant to Article 8 of the Code; and for review of the development in an H, Historic Overlay District pursuant to Article 7, Division 6 of the Code. II. Background. Mountain Rescue - Aspen was informally begun in the mid-1950's and formally incorporated as a Colorado non-profit corporation in 1965. Mountain Rescue is organized under the jurisdiction of, and is directly responsible to, the Pitkin County Sheriff's Department. The current cabin was acquired through a donation by the Rossetter family at about the same time as the incorporation of the organization. The Property is owned by the City of Aspen and is leased to the Applicant for a nominal sum. As the Aspen and Pitkin County area has grown in the past few years, so has the number of rescues the Applicant performs. Mountain Rescue has approximately 45 missions a year (compared to Vail Mountain Rescue which averages 5-10 per year) . The Applicant relies upon volunteers to accomplish everything it does - there are no paid employees of the organization. As the number of rescues has increased, the strain on the existing facilities and on the volunteers has grown. The Applicant has been fundraising for and implementing a complex, $45, 000. 00 communications upgrade in order to be better able to serve the entire Pitkin County community. The strain has been most evident, however, on the physical Mountain Rescue facilities. The 600 square foot pan abode cabin (which also has approximately 480 square feet of garage space) serves as a communications center, staging area, storage facility and headquarters for all rescues. During a rescue, there may be as many as 20-35 people meeting, dressing, eating and developing strategy all in this small area. In addition, it is not unusual for the Sheriff's department to send a dispatcher to work out of the cabin with the Sheriff's deputy, or the Sheriff himself, who officially leads the rescue. The crowded conditions create confusion, inefficiencies and additional strains. Further, the cabin is simply not large enough to store the three rescue vehicles, two snowmobiles, and the thousands of dollars of other rescue equipment needed by Mountain Rescue for its operations. Therefore, the Applicant determined to expand the cabin by approximately 890 square feet and to expand the garage by approximately 255 square feet. III. Request for rezoning. The Applicant hereby requests an amendment to the Official Zone District Map. The present Zone District classification for the Property is the Office (0) Zone, in which an office, such as Applicant's cabin, is a permitted use. Because the Property consists of only 3000 square feet (and was this size when originally leased by Applicant from the City of Aspen) , the Code prohibits expansion, or renovation to a significant degree, of the cabin. Because the Applicant is an essential public entity, it is appropriate for the Property to be zoned Public (PUB) , for such zoning more accurately reflects the usage of the Property. This proposed amendment to the Official Zone District Map is not in conflict with any portions of the Code and will not adversely affect traffic generation and road safety. The existing land use in the area is a high-traffic, mixed commercial and residential neighborhood bordering Main Street. The Applicant has, as discussed above, been located on the Property for approximately 25 years, and thus its use should be assumed to be compatible with the neighborhood and consistent with the community character of the City of Aspen. Although the use of the cabin during a rescue is of a high intensity, involving much activity and some traffic, this usage only occurs approximately 45 times per year. The remainder of the year (with the exception of the meetings held on the first Monday of every month) , the cabin is vacant. The proposed amendment to the Official Zone District Map will not result in any significant increase in demands on public facilities and will not result in any impacts on the natural environment. The proposed amendment will not be in conflict with the public interest, rather it will further the public interest by allowing Mountain Rescue to stay within the Aspen city limits and increase the size of its facilities to better serve the Aspen and Pitkin County community. IV. Request for Growth Management System Quota Exemption. The Applicant hereby requests that the Aspen City Council exempt its proposed development from the necessity of securing an allotment through the GMQS pursuant to Article 8, Section 8- 104 (C) (b) , construction of essential public facilities. The development serves an essential public purpose in that it will enable Applicant to better serve the Aspen community through increased efficiency and enhanced response time to emergencies. As discussed above, the development is necessary because of the steadily increasing number of rescues resulting from the growth in Pitkin County's population as well as the increase in summer tourist visits and the increase in winter backcountry use by Aspen residents and visitors. The expansion of the cabin will not spur additional growth, rather it is in response to growth. Applicant will mitigate any impacts which may result from its development to the full extent possible. No new employees will be generated by the expansion for the Applicant has no employees. The development will not create additional demands for parking or transit services or result in any additional demands on local roads. The cabin expansion will have minimal impact on basic services, including sewage treatment and solid waste disposal, water supply and police and fire protection. In addition, it will have no adverse impact on the City's air, water, land and energy resources. The cabin addition will be visually compatible with the surrounding areas (see plans attached and discussion under Section VI, herein) . V. Planned Unit Development Application. The Applicant's request that the development of the Property, as described above, be reviewed as a PUD conforms with the review standards set forth in Section 7-903 of the Code. The development will be consistent with the Aspen Area Comprehensive Plan, for Main Street is a mix of residential and commercial uses, and Applicant does not propose changing or expanding the use it has made of the Property for approximately 25 years. Further, the proposed development is consistent with the existing land uses in the surrounding area and will not adversely affect future development of the surrounding area. The development will comply with the existing FAR of the Office Zone, in that the 0 Zone FAR is 75: 1, allowing a building of 2250 on the Property and Applicant proposes that following the expansion of its cabin, the cabin's square footage will be 2225. If the Applicant's request for a rezoning of the Property to a PUB zone is approved, the dimensional requirements of the Property will be set by the adoption of this Conceptual and Final PUD Development Plan. Applicant requests that its off-street parking requirements be the number of places provided for in the plans submitted with this application, for the City of Aspen has designated a space in front of the Property on Main Street as parking for Mountain Rescue, thus the Applicant has parking available for all three. of its vehicles and two snowmobiles and trailer. Plenty of parking is available on Main Street for volunteers when a rescue is in progress. Applicant requests that there be no open space requirements for the Property, as there are none for the Office Zone. None of Applicant's proposed development will affect the landscaping already in place in front of the cabin, so no landscaping plan has been submitted. The architectural site 'plan is attached hereto. Although Applicant recently received a generous donation toward the costs of expanding its cabin, it is still necessary to secure a contractor who will donate a portion of his services to the construction of the addition. As soon as this application is approved and Applicant has located such a contractor, the construction will be commenced. Applicant anticipates completing its development by the end of 1989. Case Disposition On July 10, Council rezoned Lot M, Block 24 from Office to Public and granted consolidated PUD approval and GMQS exemption to the Mountain Rescue cabin expansion, subject to the following conditions: 1. Prior to occupancy, the City of Aspen shall provide a sidewalk along the front of the property, whose materials and design shall be accepted by the Engineering Department and HPC. 2 . The applicant shall comply with the requirements of the Environmental Health Department, as stated in their memo dated April 18, 1989 . 3 . The shed which encroaches onto the western property boundary shall be relocated off this lot prior to occupancy of the addition. 4 . The applicant shall relocate the small tree on the eastern property boundary to a more suitable location on the property, such as the front yard, if construction is found to threaten its existence. 5. The applicant shall, prior to issuance of a building permit, submit to the Engineering Department a reproducible mylar of the improvements survey. Included on the mylar shall be listing of the site' s approved PUD dimensional requirements. ORDINANCE NO. � (SERIES OF 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL REZONING LOT M OF BLOCK 24, CITY AND TOWNSITE OF ASPEN FROM OFFICE TO PUBLIC WHEREAS, on April 3, 1989, Mountain Rescue, Aspen, a Colorado non-profit corporation, leaseholder, and the City of Aspen, landowner, submitted an application requesting rezoning of Lot M, Block 24, City and Townsite of Aspen; and WHEREAS, on April 4, 1989, the Aspen Planning and zoning Commission (hereinafter, "the Commission") decided to sponsor the rezoning request in order that it not be subject to the semi- annual submission deadline for such applications; and WHEREAS, the request is to rezone the above stated lots from Office to Public in order to enable the Mountain Rescue cabin to become a conforming use and expand to meet its current needs; and WHEREAS, the Commission held a public hearing on the request on May 16 and recommended to the City Council that Lot M, Block 24, City and Townsite of Aspen, be rezoned to Public; and WHEREAS, the City Council has considered the recommendation of the Commission, and has determined that the proposed rezoning is compatible with the surrounding zone districts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• That it does hereby rezone Block 24, Lot M, City and Townsite of Aspen from Office to Public. 1 Section 2: That the Zone District Map be and hereby is amended to reflect the zoning described in Section 1 and that the Planning Director is hereby authorized and directed to amend said map to reflect the new zoning. Section 3: That the City Clerk be and hereby 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 4• If any section. subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6• A public hearing on the Ordinance shall be held on the day of , 1989 at 5: 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be 2 published once 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 day of 1989. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of 1989. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk mtrescueord 3 MEMORANDUM TO: City Attorney City Engineer Housing Director Aspen Water Department Environmental Health Department Fire Marshall Building Inspector Aspen Consolidated Sanitation District FROM: Alan Richman, Planning Director RE: Mountain Rescue-Aspen Rezoning, Conceptual PUD and GMQS Exemption for Essential Public Facility Parcel IDS# 2735-124-44-? DATE: April 7, 1989 Attached for your review and comments is an application submitted by Jane Ellen Hamilton on behalf of Mountain Rescue requesting approvals in order to expand their facilities at 630 W. Main Street. Please review this material and return your comments no later than May 3, 1989 so that I have time to prepare a memo for the P&Z. Thank you. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 April 6, 1989 Jane Ellen Hamilton Garfield & Hecht 601 E. Hyman Avenue Aspen, CO 81611 RE: Mountain Rescue-Aspen Cabin Dear Jane Ellen, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. I talked to Kim in your office today requesting 9 additional copies of the application and improvements survey in order to refer the application and for the HPC's review. She agreed to supply those to us. We have scheduled this application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, May 16, 1989 at a meeting to begin at 4 : 30 P.M. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. Please be aware that Ordinance 6 (Series of 1989) , establishes Sec. 8-105 (F) which states that if "HPC approval is needed for any project, the committee's conceptual approval must be secured prior to submitting an application for a development allotment. " If HPC conceptual approval is not received prior to the May 16th Planning Commission hearing, the application will not be heard at that meeting. Submitted with the application is a list of adjacent property owners. I am sending this back to you so that you can mail notice of the public hearing to the adjacent property owners, as dictated by the Code. A copy of this notice will be sent to you for this purpose. You are also required to post a sign in a conspicuous place on the property. If you have any questions, please call Alan Richman, the planner assigned to your case. Please contact Roxanne Eflin with any questions regarding the HPC review. Sincerely, Debbie Skehan Administrative Assistant MESSAGE DISPLAY TO alan richman CC bob From: Ron Mitchell Postmark: Apr 03,89 8: 24 AM Status: Certified Previously read Subject: Mountain Rescue Land Use Application ------------------------------------------------------------------------------ Message: You are authorized to accept and process the Mountain Rescue land use application for their building on Main Street which is on City property. I have discussed this with Jane Hamilton. IYAJIllJI IELD & HECl[ T, P.C. RONALD GARFIELD* ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT** VICTORIAN SQUARE BUILDING (303) 925-1936 WILLIAM K. GUEST, P.C.*** TELECOPIER ROBERT E. KENDIG 601 EAST HYMAN AVENUE (303) 925-3008 ASPEN, COLORADO 81611 JANE ELLEN HAMILTON CATHERINE H. McMAHON**** AM — 3 -also admitted to 1��� New York Bar **also admitted to District of Columbia Bar April 3 , 1989 —also admitted to Nebraska and Texas Bar ****also admitted to Illinois Bar Alan Richman, Director Aspen/Pitkin Planning Office 130 So. Galena Street Aspen, Colorado 81611 RE: Mountain Rescue Dear Alan: Enclosed is the Development Application for Mountain Rescue - Aspen seeking approval for the expansion of its cabin and a rezoning of its property to the Public (PUB) zone. In addition, this Application shall serve as the Conceptual Development Plan for Historic Preservation Committee review. Submitted with this package are the following documents: 1. Land Use Application Form 2 . Development Application 3 . Check payable to the City of Aspen in the amount of $1, 500. 00 4 . Twelve (12) copies of a Site Plan 5. Survey 6. An 8 1/2" x 11" Vicinity Map 7 . A Disclosure of Ownership of the affected real property 8 . List of surrounding land owners within 300 feet of the affected real property. As you will note, the descri on of ownership indicates that the property is owned by a L,, nee j / , (OV' rather than the City of Aspen as assumed by all the parties. It is my understanding that Mountain Rescue pays an annual nominal rental to the City of Aspen for the lease of the property. Stewart Title of Aspen has indicated to us that the City needs to produce Alan Richman, Director April 3 , 1989 Page -2- some evidence of a deed to the property, otherwise it will be necessary to conduct a search of the grantor/grantee index of the real estate property records of Pitkin County. This is, as you can imagine, a very lengthy and expensive process. Hopefully, we will be able to avoid a quiet title suit ultimately and we will continue to investigate the ownership of the property while this application is being reviewed. Should you have any questions regarding this matter during the time period of April 5th through April 12th, please contact Graeme Means or David Swersky and I will return on the 13th. Thank you for your assistance in this matter. Sincerely yours, GARFIELD & HECHT, P.C. N� ne Ellen Hamilton JEH/km Enclosure MEMORANDUM City Attorney City Engineer Housing Director Aspen Water Department Environmental Health Department Fire Marshall Building Inspector Aspen Consolidated Sanitation District *Rwewl.' Alan Richman, Planning Director RE: Mountain Rescue-Aspen Rezoning, Conceptual PUD and GMQS Exemption for Essential Public Facility Parcel ID# 2735-124-44-? DATE: April 7, 1989 Attached for your review and comments is an application submitted by Jane Ellen Hamilton on behalf of Mountain Rescue requesting approvals in order to expand their facilities at 630 W. Main Street. 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That the Lessor hereby leases and demises to the Lessee the following-described premises , situate in the County of Pitkin and State of Colorado, to-wit : Lot M, Block 24, in the City of Aspen, Colorado, for a term of five (5) years, from the /1=0 day of u , 1985, with the express understanding that , if agreeable to both the Lessor and the Lessee, this lease agreement may be renewed for any period of time at the end of the above-stated five-year term on the same terms and conditions as herein stated. 2. In consideration of renting the above premises Lessee agrees to assume responsibility for paying all utilities and for acquiring liability insurance during the term of this lease. 3. Lessee has erected, constructed, or caused to be erected or constructed , the following-described improvements : A panabode structure and garage. Lessee shall have the right at its own expense from time to time during the lease term to improve or alter the demised premises in any manner whatsoever provided that the making of such improve- ments or alterations shall be accomplished in a workmanlike manner and in compliance with all applicable federal , state and municipal laws and regulations . The above improvements any any additions or other improvements placed in or on the demised premises by lessee shall be considered as personal property and shall remain the pro- perty of lessee , who shall have the right to remove the same from the premises on the expiration of this lease. 4. It is mutually understood that either party shall have the privilege to cancel this lease and any renewal or extension hereof at any time during the term, thereby created , without cause, by giving to the other party written notice of such inten- tion at least ninety ( 90 ) days prior to the effective cancellation of this lease agreement . 5. Also, in consideration of the leasing of said premises as aforesaid , the Lessee covenants and agrees as follows, to-wit : The Lessee shall assume all liability and damages which may arise from any accident which may occur in front of or on its premises ; to neither hold, nor attempt to hold Lessor , liable in any way, or to any extent, or at all , for or on account of any injury to any property at any time to said buildings, or for or on account of the destruction of any property at any time in said buildings on said premises.; to make no claim against said lessor for or on account of any loss or damage sustained by fire or water howsoever coming on or being within said premises ; to neither hold, nor attempt to hold, Lessor resonsible for any loss , injury or damage of any kind or nature whatsoever to any building or other structure belonging to said Lessee, which may be now or hereafter placed upon said premises ; to use said premises for no purposes prohibited by the laws of the United States, or the State of Colorado, or the ordinances of the City of Aspen, Colorado , and for no improper or questionable purpose whatsoever ; to keep the sidewalks in front and around said premises free from ice and snow, and keep such sidewalks and premises free from all litter , dirt , debris and obstruction ; to keep said premises clean and in the sanitary condition required by the County of Pitkin and City of Aspen, Colorado.; to neither permit not suffer any disorderly conduct, noise or nuisance whatsoever about said premises having a tendency to annoy or disturb any persons occupying adjacent pre- mises . 6. Lessor further covenants with the Lessee and the Lessee, upon complying with all its obligations mentioned herein, shall and may peaceably and quietly have, hold and enjoy the demised premises during the term aforesaid . 2 C THIS AGREEMENT shall extend to and be binding upon the suc- cessors and assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. LESSOR: CITY OF ASPEN By William L. Stirling , Mayor ATTEST: Kathryn Koch, City Clerk LESSEE : MO TAIN RESCUE., ASPEN, INC. By President ATTEST: Sec-retary 3 Aspen (Ponsolidated Sanitation 01strict 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Tele. (303) 925-2537 April 24, 1989 Alan Richman, Planning Director Planning Office 130 S. Galena St. Aspen, CO 81611 Re : Mountain Rescue - Rezoning Dear Alan: The Aspen Consolidated Sanitation District has sufficient line and treatment capacity to serve this project at this time. We currently do not charge Mountain Rescue for service. I would suggest that the applicant write our Board of Directors asking them to consider waiving the incremental tap fee for this project. I would also include a statement that in the event that the property is ever used for profit or sold, that the applicant would then pay the previously waived fees. Sincerely, Bruce Mather, District Manager APR 25 ATIACHMENr 1 LAND USE APMCATION F M 1) project Name Mountain Rescue - Aspen Cabin Expansion 2) Project Iocation 630 W. Main Street, Aspen; Lot M Block 24, City and Townsite of Aspen (indicate street address, lot & block number, legal description where appropriate) 3) present Zoning' Office (o) 4) Lot Size 3000 square feet 5) Applicant's Name, Address & Phone # Mountain Rescue - Aspen, Box 4446, Aspen, Colorado 81612, 925-7172 6) Representative's Name, Address & Phone # Jane Ellen Hamilton, Garfield & Hecht, P.C. , 601 East Hyman Avenue, Aspen, CO 81611, 925-1936 7) Type of Application (please check all that apply) : Conditional Use Conceptual SPA X Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline X Conceptual PUD Minor Historic Dev. Stream Margin, X Final PUD Historic Demolition Mountain View Plane Subdivision Historic Designation Qpg7dc��ilumi 7atlOdl X Text/Map Amenc r ent- GMQS Allotment Lot Split,/lot Line X GM�S. Emotion Adjustment 8) Description � of Rusting Uses (number and type of eD st structures; Lures; approximate sq. ft.; nmtber of bedrooms; any previous approvals granted to the P -Y) Office for Mountain Rescue; 600 square feet plus 480 square feet garage; no bedrooms 9) Description of Development Application Rezone to PUB; PUD to allow expansion of cabin; GMQS exemption. for essential public facility; HPC review 10) Have you attached the following? X Response to Attachment 2, Minimum Submission Contents X Respmse to Attacbment 3, Specific Submission Contents X Regxx se to Attachment 4, Review .Stagg,s for Your Application DEVELOPMENT APPLICATION I. Introduction. This Development Application is submitted by Mountain Rescue - Aspen, a Colorado nonprofit corporation (the "Applicant") . This Application is for a rezoning of the property underlying the Mountain Rescue - Aspen cabin located at 630 West Main Street (the "Property") from Office (0) zone to the Public (PUB) zone pursuant to Article 7 , Division 11 of the Aspen Land Use Regulations of the Aspen Municipal Code (the "Code") ; for an expansion of the square footage of the cabin by designating the Property a Planned Unit Development ("PUD") pursuant to Article 7 , Division 9 of the Code and for an exemption from the Growth Management Quota System ("GMQS") for such expansion pursuant to Article 8 of the Code; and for review of the development in an H, Historic Overlay District pursuant to Article 7 , Division 6 of the Code. II . Background. Mountain Rescue - Aspen was informally begun in the mid-1950's and formally incorporated as a Colorado non-profit corporation in 1965. Mountain Rescue is organized under the jurisdiction of, and is directly responsible to, the Pitkin County Sheriff's Department. The current cabin was acquired through a donation by the Rossetter family at about the same time as the incorporation of the organization. The Property is owned by the City of Aspen and is leased to the Applicant for a nominal sum. As the Aspen and Pitkin County area has grown in the past few years, so has the number of rescues the Applicant performs. Mountain Rescue has approximately 45 missions a year (compared to Vail Mountain Rescue which averages 5-10 per year) . The Applicant relies upon volunteers to accomplish everything it does - there are no paid employees of the organization. As the number of rescues has increased, the strain on the existing facilities and on the volunteers has grown. The Applicant has been fundraising for and implementing a complex, $45, 000. 00 communications upgrade in order to be better able to serve the entire Pitkin County community. The strain has been most evident, however, on the physical Mountain Rescue facilities. The 600 square foot pan abode cabin (which also has approximately 480 square feet of garage space) serves as a communications center, staging area, storage facility and headquarters for all rescues. During a rescue, there may be as many as 20-35 people meeting, dressing, eating and developing strategy all in this small area. In addition, it is not unusual for the Sheriff's department to send a dispatcher to work out of the cabin with the Sheriff's deputy, or the Sheriff himself, who officially leads the rescue. The crowded conditions create confusion, inefficiencies and additional strains. Further, the cabin is simply not large enough to store the three rescue vehicles, two snowmobiles, and the thousands of dollars of other rescue equipment needed by Mountain Rescue for its operations. Therefore, the Applicant determined to expand the cabin by approximately 890 square feet and to expand the garage by approximately 255 square feet. III . Request for rezoning. The Applicant hereby requests an amendment to the Official Zone District Map. The present Zone District classification for the Property is the Office (0) Zone, in which an office, such as Applicant's cabin, is a permitted use. Because the Property consists of only 3000 square feet (and was this size when originally leased by Applicant from the City of Aspen) , the Code prohibits expansion, or renovation to a significant degree, of the cabin. Because the Applicant is an essential public entity, it is appropriate for the Property to be zoned Public (PUB) , for such zoning more accurately reflects the usage of the Property. This proposed amendment to the Official Zone District Map is not in conflict with any portions of the Code and will not adversely affect traffic generation and road safety. The existing land use in the area is a high-traffic, mixed commercial and residential neighborhood bordering Main Street. The Applicant has, as discussed above, been located on the Property for approximately 25 years, and thus its use should be assumed to be compatible with the neighborhood and consistent with the community character of the City of Aspen. Although the use of the cabin during a rescue is of a high intensity, involving much activity and some traffic, this usage only occurs approximately 45 times per year. The remainder of the year (with the exception of the meetings held on the first Monday of every month) , the cabin is vacant. The proposed amendment to the Official Zone District Map will not result in any significant increase in demands on public facilities and will not result in any impacts on the natural environment. The proposed amendment will not be in conflict with the public interest, rather it will further the public interest by allowing Mountain Rescue to stay within the Aspen city limits and increase the size of its facilities to better serve the Aspen and Pitkin County community. IV. Request for Growth Management System Quota Exemption. The Applicant hereby requests that the Aspen City Council exempt its proposed development from the necessity of securing an allotment through the GMQS pursuant to Article 8, Section 8- 104 (C) (b) , construction of essential public facilities. The development serves an essential public purpose in that it will enable Applicant to better serve the Aspen community through increased efficiency and enhanced response time to emergencies. As discussed above, the development is necessary because of the steadily increasing number of rescues resulting from the growth in Pitkin County's population as well as the increase in summer tourist visits and the increase in winter backcountry use by Aspen residents and visitors. The expansion of the cabin will not spur additional growth, rather it is in response to growth. Applicant will mitigate any impacts which may result from its development to the full extent possible. No new employees will be generated by the expansion for the Applicant has no employees. The development will not create additional demands for parking or transit services or result in any additional demands on local roads. The cabin expansion will have minimal impact on basic services, including sewage treatment and solid waste disposal, water supply and police and fire protection. In addition, it will have no adverse impact on the City's air, water, land and energy resources. The cabin addition will be visually compatible with the surrounding areas (see plans attached and discussion under Section VI, herein) . V. Planned Unit Development Application. The Applicant's request that the development of the Property, as described above, be reviewed as a PUD conforms with the review standards set forth in Section 7-903 of the Code. The development will be consistent with the Aspen Area Comprehensive Plan, for Main Street is a mix of residential and commercial uses, and Applicant does not propose changing or expanding the use it has made of the Property for approximately 25 years. Further, the proposed development is consistent with the existing land uses in the surrounding area and will not adversely affect future development of the surrounding area. The development will comply with the existing FAR of the Office Zone, in that the O Zone FAR is 75: 1, allowing a building of 2250 on the Property and Applicant proposes that following the expansion of its cabin, the cabin's square footage will be 2225. If the Applicant's request for a rezoning of the Property to a PUB zone is approved, the dimensional requirements of the Property will be set by the adoption of this Conceptual and Final PUD Development Plan. Applicant requests that its off-street parking requirements be the number of places provided for in the plans submitted with this application, for the City of Aspen has designated a space in front of the Property on Main Street as parking for Mountain Rescue, thus the Applicant has parking available for all three of its vehicles and two snowmobiles and trailer. Plenty of parking is available on Main Street for volunteers when a rescue is in progress. Applicant requests that there be no open space requirements for the Property, as there are none for the Office Zone. None of Applicant's proposed development will affect the landscaping already in place in front of the cabin, so no landscaping plan has been submitted. The architectural site plan is attached hereto. Although Applicant recently received a generous donation toward the costs of expanding its cabin, it is still necessary to secure a contractor who will donate a portion of his services to the construction of the addition. As soon as this application is approved and Applicant has located such a contractor, the construction will be commenced. Applicant anticipates completing its development by the end of 1989 . VI. Request for Approval of Development in an H, Historic Overlay District. Section 7-601 of the Code requires that any development in an H, Historic Overlay District must be reviewed in accordance with the provisions of that section. The Property is located in the Main Street Historic District. The cabin is not a designated historic building, it is simply a pan abode built in the mid-1960's which does not conform to current Uniform Building Code standards. Further, the cabin is not located adjacent to a designated historic structure. The proposed addition to the Applicant's cabin was specifically designed by the Applicant's architect to take into account the historical significance of the Main Street corridor. Accordingly, the addition will be compatible with development on adjacent parcels. The use of the building materials proposed by the Applicant as well as the design of the expanded portion on the cabin will reflect and be consistent with the neighborhood of the Property. The condominiums on one side of the Property and the home located on the other side of the Property both have similar building materials and design, therefore the proposed development will not detract from the cultural value of other buildings located in the Main Street historic district. The major building materials the Applicant proposes to use include metal roof to match the existing roof, wood siding and clad windows. In addition to the expansion of the cabin, Applicant intends to renovate and repair the existing cabin by fixing the electrical wiring, upgrading the heating system, replacing the floor and generally bringing the cabin up to UBC standards to the extent possible. Therefore, the Applicant will be restoring an example of building which was popular in the Aspen area in the mid-19601s, few of which remain today. VII . Conclusion. Applicant respectfully requests approval of this Application so that it may continue to deliver a high quality level of service to the Aspen/Pitkin County community. Submitted /by: J -Ellen Hamilton, Vice President M ntain Rescue - Aspen e � o L ---,�— c 2 W H A 1 1 A t�/V S T. Ld c IL OT N IEXED w 12)1_EaK.F- a),-T- ji-APBP Rfif Y�- 1KRlGHT 1-A W M A 1 N ST.: THE UNDERSI( DURI NG_„_,p,,t.� +�-•». --� _. . , .�...i .T. HEREON. ;AND AND THAT TN! IMPROVEMENT' AS HEREON 1"! Flt Ni S� , W HOP MANHOLES. 0' ` »�. SURVEYOR. RP DATED THIS_ SIGNED:._ DRV V tf C I N I T'� MAP Gl"t ,� GUTTER.