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
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----------------------------------------------------------------
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.
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.
i / a
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L E A S E
THIS INDENTURE made this /115— day of
1985, between CITY OF ASPEN, a Municipal corporation, the Lessor,
and MOUNTAIN RESCUE, ASPEN, INC. , the Lessee:
W I T N E S S T H:
1 . 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
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DATED THIS_
SIGNED:._
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