HomeMy WebLinkAbout#landuse case.HP.435 W Main St.0003.2007.AHPC
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 1
I. INTRODUCTION
A. Background Information
This is an application for development review of the Aspen Jewish Community Center.
The property on which the development is proposed to occur is Lots A through I, Block
38, City and Townsite of Aspen (more commonly known as 435 West Main Street). It is
approximately 27,000 sq. ft. in size and is zoned Mixed Use (MU). The property is
currently improved as L'Auberge, a small lodge comprised of eighteen cabins and one
single family residence. A vicinity map locating this property within the City of Aspen has
been provided. An improvement survey, depicting the configuration of the cabins and
other key features on the property has also been provided.
The subject property is owned by The Jewish Resource Center Chabad of Aspen. Proof
of the ownership of the property is provided by Exhibit #1, the general warranty deeds. A
letter from Rabbi Mendel Mintz of the Jewish Resource Center authorizing Alan Richman
Planning Services to submit this application is provided as Exhibit #2.
The applicant has held several pre-application meetings with staff prior to the submission
of this application. A pre-application conference summary was issued by the Community
Development Department on June 21, 2005 and was updated on February 1, 2006 (see
Exhibit #3, Pre-Application Conference Summary). This document identifies the following
review procedures that apply to the proposed development.
♦ Designation of the property to the Inventory of Historic Landmark Sites and
Structures;
♦ Growth Management Review for development of an essential public facility and
for affordable housing;
♦ Special Review to establish the parking requirement for the Jewish Community
Center; and
♦ Subdivision to convert three of the cabins into affordable housing units.
Because the property is located within Aspen's Main Street Historic District, this
development is also subject to review by the Historic Preservation Committee.
Conceptual development review for this project was completed on August 10, 2005. HPC
Resolution 31, Series of 2005, granting conceptual approval to this development and
recommending historic designation of the property is attached as Exhibit #4. Final
development review by HPC will occur following the completion of the review of this
application by the Planning and Zoning Commission and the City Council.
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The following sections of this application identify the standards of the Aspen Land Use
Regulations that apply to these procedures and provide a response to the applicable
review standards. First, however, a brief summary of the thinking that led to this
application is provided. This includes a discussion of some of the reasons why the
Jewish Community Center is needed in Aspen and an overview of the proposed site plan.
B. The Need for a Community Center in Aspen
The Jewish Resource Center has been providing programming to meet important
educational and social needs of residents of and visitors to Aspen and the Roaring Fork
Valley since March of 2000. Religious services, special events, and classes for children
and adults have been held at a variety of locations around Aspen, including hotels, lecture
halls, and commercial spaces. Interest in these programs has been strong and growing,
but as of yet the programs have not had a home of their own.
As enthusiasm for the programs has grown, community members have come to
recognize the need for a focal point for Jewish life in Aspen; an institution that can provide
fulfilling programming and a comprehensive range of services and facilities for the
surrounding area. The purpose of this application is to fill this void by developing a full
service Community Center that will provide year-round programming for toddlers,
children, teens, and adults, including both Jewish persons and members of the broader
community. Programming will be offered in a range of social and cultural facilities,
including a sanctuary, social hall, and classrooms.
C. Site Description
The site chosen for the new Community Center is at the corner of Fourth and Main
Streets. This site has been chosen because it is a prominent location, befitting its
planned civic functions. It is also an easily accessible site to the resident population and
to guests staying throughout Aspen, since it is a centralized location within walking
distance of many parts of town and with bus service directly to the site. Finally, it is
located in a portion of Main Street that has a mix of local- and visitor-serving uses and a
mix of building styles and sizes, allowing the proposed use to fit in as a compliment to the
neighborhood.
As the improvement survey/existing conditions map which accompanies this application
shows, the property is currently developed with 18 cabins and one single-family
residence. The cabins are available for nightly rentals as lodging for visitors.
According to the City's Architectural Inventory Form (attached as Exhibit #5) the original
cabins were installed on the property in the late 1940's or early 1950's. Cabins 11-19 are
the remaining cabins that comprised the original lodge. None of these structures is
currently designated as a historic landmark. However, according to the Inventory Form,
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 3
they are considered to be significant examples of rustic architecture that are associated
with the period when skiing emerged as an important recreational activity in Aspen.
Cabins 20-22 and 24-29 were added to the property in 1997. These newer structures are
similar in size, style, and pattern to the original cabins and were intended to reinforce the
character of the site. Each cabin has a parking space located next to it, accessed via a
"U" shaped common drive into and out of the property, maintaining the original feel of this
auto-oriented/post World War II lodge. The residence is an older (1959), non-contributing
structure that has been used at times to house a property manager. At the present time it
serves as the office for the Jewish Resource Center.
The entire property is quite flat. It contains numerous smaller trees and some larger
trees, along with several stands of lilac bushes. Significant trees on the property are
shown on the improvement survey. An open ditch flows along the Main Street frontage,
between the sidewalk (which is currently attached to Main Street) and the buildings.
D. Overview of Proposed Development
Early on in the process of conceptualizing how this property could most appropriately be
used, several basic factors were identified that helped to organize the site plan and
building form that are presented in this application. The most important such factor was
the determination made by the HPC and the City staff as to what features of the site
represent the historic resource that should be preserved. The applicant spent eighteen
months working with the HPC on conceptual drawings. Formal public hearings or
scheduled work sessions were held with the HPC in February, July, and October of 2004,
and January, February, April, June, and August of 2005, at which time conceptual
approval was finally granted.
The HPC ultimately determined that it was not simply the cabins that represent the
historic resource on this site. It was recognized that these cabins are modest structures,
and on their own do not represent what would typically be considered to be historic
landmarks. However, the cabins as placed into their setting do represent an important
historic element of the community, epitomizing the type of automobile-oriented
accommodations that helped to put Aspen on the map as a tourist destination in the
1950's.
This determination led the HPC to find that it was even more important to preserve as
many of the cabins as possible in their original location than it was to try to preserve all of
the cabins. The applicant proposed many different site plans for the property, some of
which involved moving some of the cabins from their present locations to preserve all of
the cabins while allowing the new buildings to be best located on the property.
Eventually, the HPC decided it was critical to maintain the three cabins in their location
along Third Street, and to retain the "L" shape of the cabins by keeping as many of the
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 4
cabins as possible along the alley, while still allowing for the desired re-development of
the property. Therefore, the HPC authorized the applicant to remove three of the original
cabins from the site. A plan for the relocation of these cabins within the City of Aspen will
be provided at the time of final HPC review.
Another factor that the applicant needed to respect is that in 1995 a private covenant was
entered into between the former owners of the property and the neighbor who lives in the
duplex located just to the south of the alley (see Exhibit #6 for a copy of the recorded
covenant). A key element of this covenant is the establishment of a 20' open space
reservation in the southwestern corner of the property (see the improvement survey for
the location of this area). No development or parking is permitted to occur in the open
space area.
Considering these factors, it became readily apparent that the appropriate location to
develop the new Jewish Community Center was in the front portion of the property. As
HPC reviewed a number of different architectural schemes for the property, they
expressed several clear preferences. First, HPC determined that the taller mass of the
structure, which was needed to create an appropriate religious sanctuary, should be kept
to the western side of the property, and that the height and mass of the new structure on
the eastern side of the property needed to carefully respect the small scale of the
remaining cabins. Second, HPC determined that it was important for the proposed
development to be broken down into smaller masses and not create a single continuous
elevation along Main Street. At first this was designed as two independent buildings, one
housing the classrooms and sanctuary and the other being the social hall. Ultimately,
HPC approved a connector between these two buildings, but required the connector to be
set back and kept low so the buildings still appear to be independent of one another.
HPC also made a determination that for the development to comply with the Historic
District Guidelines, some of the program proposed for the site needed to be moved into
the basement. The library was therefore moved below grade, as was the proposed social
room for teenagers.
Another key site planning decision was whether or not to provide additional parking on the
site. Because of the limitations of the private covenant and the need to preserve most of
the cabins, it was clear that significant new off-street parking could not be provided along
the alley. The applicant originally proposed to have head-in parking along Fourth Street,
to provide a drop-off area for the school. This was rejected by the HPC as being
inconsistent with the historic alignment of the City's street network. The applicant also
considered having a drop off area along Main Street, bringing cars into and out of the site
in a "U" shaped driveway, but this was rejected by the City Engineer due to the potential
for cars stacking into the traffic flow along Main Street. Ultimately, the applicant was able
to accommodate nine (9) drop off/employee parking spaces along the alley, between the
cabins and classrooms.
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 5
In response to comments from neighbors, the applicant has evaluated the feasibility of
building subgrade parking on-site. The applicant concludes that there are unresolvable
problems with including sub-grade parking in the development program, including the
following:
♦ Subgrade parking would eliminate or significantly restrict the ability of the applicant
to develop a basement for this building. There are critical functions planned for the
basement (library, kitchen, activity room, religious room, and storage), some of
which HPC required be moved subgrade, that simply cannot be eliminated from
the development plan for this property.
♦ Due to certain mandatory elements of the site plan (HPC's determination that as
many of the original cabins as possible be preserved, and the covenant preventing
the development of the open space area), the only place to enter a sub-grade
garage would be along the alley, where surface parking is currently planned. Loss
of these spaces would leave the facility without a functional drop off area for
children coming to day care or the religious school.
Therefore a study was conducted to analyze the availability of on-street parking
surrounding the property to serve the needs of the Center. This study demonstrated the
availability of a substantial number of on-street parking spaces in the blocks surrounding
this property. The study also found that many of these spaces are not used during the
times of day and the periods during the week when the facility is projected to have its
greatest use. In fact, there are expected to be many more on-street spaces available
than would be demanded by users of the site. This issue is discussed in considerably
greater detail in Section IV of this application.
A final element of the site plan is that a sidewalk will be installed along the Main Street,
Third Street and Fourth Street frontages. The sidewalk along Main Street is proposed to
be re-built so it is located along the front of the buildings, detached from Main Street.
This will allow the ditch and the street trees to be located between the sidewalk and the
street, in a pattern typical of most of Main Street. The decision to utilize this design was
arrived at jointly with City staff and should enhance the use of this block by pedestrians
and bus passengers.
A table summarizing the proposed dimensional standards for development of this site
follows below. The key point with respect to this table is that the proposed development
complies with all of the underlying dimensional standards of the Mixed Use (MU) zone
district, and is, in fact, well below the allowable floor area ratio for that zone. The only
exception to this statement is for the side and front setbacks, into which the original
cabins protrude slightly, and for which HPC has granted a variance (see Exhibit #4).
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TABLE 1
COMPLIANCE OF PROPOSED DEVELOPMENT
WITH DIMENSIONAL STANDARDS
Dimensional Requirement Land Use Code
Standard:
MU Zone District
Proposed Conditions
Minimum lot area 3,000 sq. ft. 26,981 sq. ft.
Minimum lot width 30' 270'
Minimum front yard 10'; may be reduced to 5'
by special review
Cabin: Approx. 3'
New buildings: 5'
(see note 1)
Minimum rear yard 5' 5'
Minimum side yard 5' Two cabins have a 1' side
yard; one cabin
encroaches into the public
right-of-way
(see note 2)
Maximum height 32' 32'
Maximum allowable floor
area
1:1 for properties in the
Main Street Historic
District (26,981 sq. ft.)
0.73:1 (19,665 sq. ft.)
Of that total 18,377 sq. ft.
is public uses and 1,268
sq. ft. is affordable
housing.
Notes
1. HPC has granted a variance for the front yard setback for the historic cabin at its
conceptual review and will consider granting a variance for the front yard
setback for the new buildings at its final review.
2. HPC has granted a variance for the side yard setbacks for the historic cabins
along Third Street at its conceptual review. An encroachment license was
previously granted by the City for the cabin that extends onto the public right-of-
way (see Clerk and Recorder Reception No. 396080)
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Table 2, below, provides a summary of the activities that are planned to occur at the
Jewish Community Center, and provides a way to explain to the reader how the buildings
on the site are proposed to be used. The table also projects the anticipated use of the
Center, based on historic attendance at programs that the Jewish Resource Center has
run for several years, and based on expectations of membership in the Congregation.
TABLE 2
SUMMARY OF ACTIVITIES AT JEWISH COMMUNITY CENTER
Activity Time Period Frequency Anticipated
Attendance
Pre-school 8 AM to 4 PM 5 days per week 35-40 children
Hebrew school 3 PM to 5 PM 2-3 days per week 8-10 children
Teen program 6 PM to 8 PM 1 night per month 20-25 persons
Adult education 8 PM to 10 PM 2 nights per week 15-25 persons
Religious services Friday after sundown
Saturday 9 AM to Noon
every week 40-50 persons
Special events Evenings 8-10 events per
year
50-200 persons
per event
The pre-school will operate five days per week, from 8 AM to 4 PM. It will be a non-
denominational day care center that is open to all members of the community. It will have
three class rooms, each of which can accommodate up to 15 children, pursuant to State
standards for day care centers. These rooms are located on the first floor of the west
building, and will open up to an outdoor play area located along Fourth Street.
The Hebrew school will operate two to three days per week as an after school program.
It will accommodate up to 10 children. It will operate in one of the two classrooms that
are located on the second floor of the west building, next to the sanctuary. Similarly,
there will be an adult education program that occurs two nights per week, from 8-10 PM.
These will also occur in the class rooms, and will attract from 15 to 25 persons per night.
The teen program will have two elements. First, there will be informal opportunities for
teens to drop in at the Community Center. A teen activity room is located in the
basement to accommodate these informal social gatherings and recreation activities.
Second, there will be a more organized evening program that occurs once per month.
These gatherings are expected to draw approximately 20-25 teens and could occur in the
teen room or in one of the class rooms.
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Religious services will occur every week on Friday evenings and Saturday mornings,
and periodically for religious holidays. Attendance at these services is expected to be in
the range of 40-50 persons, although larger groups may gather in the sanctuary for
holiday services or for a bar mitzvah. The services will occur in the sanctuary, which is
located on the second floor of the west building. Following the services, there is typically
some form of eating and drinking occasion that occurs. This may be as simple as a
kiddish, which will occur in the room next to the sanctuary, or may be as elaborate as a
Passover Seder or a meal celebrating the Jewish New Year, which would occur in the
social hall, located in the first floor of the east building.
Finally, there will be a limited number of special events at the center, ranging from films
or lectures, to the occasional bar mitzvah or wedding. Attendance at these events would
range from 50 to 200 persons. The maximum capacity of the social hall is approximately
200 persons (which is also the approximate seating capacity of the sanctuary), based on
having table seating in the hall, with a band or a lectern at the front of the room. A kitchen
for serving guests has been provided in the basement of the building. Because this will
be a strictly kosher kitchen, the social hall will not be available as a party space for
anyone other than observant Jews. Therefore, it is expected that there will only be 8-10
of these larger special events per year.
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II. DESIGNATION OF HISTORIC PROPERTIES
Section 26.415.030 B. of the Land Use Code establishes criteria for the designation of
properties to the Aspen Inventory of Historic Landmark Sites and Structures. Sub-section
B.2 authorizes the designation of a property constructed at least 40 years prior to the date
of application, provided the property possesses sufficient integrity of location, setting,
design, and materials that it embodies the distinctive characteristics of a period in Aspen's
history.
Attached as Exhibit #5 is the City's architectural inventory form for this property. The form
states that this property is a significant example of rustic architecture that is associated
with the period when skiing emerged as an important recreational activity in Aspen.
The applicant has agreed to cooperate with the City of Aspen in the designation of this
property as part of the plan to develop the Jewish Community Center. The applicant has
voluntarily agreed to this designation, provided that it is not used as a means of
preventing the adaptive re-use of this property as a Jewish Community Center.
During the conceptual review of the development of this property by the Historic
Preservation Commission, substantial time was spent evaluating what constituted the
critical historical resource on this property that needed to be preserved. Ultimately, the
Commission determined that the setting in which the historic cabins are located is as
important as the small cabins themselves. The Commission decided that keeping as
many of the original cabins along Third Street and along the alley in their original locations
as possible was more important than saving a greater number of the cabins by trying to
relocate some of them on-site. The Commission also decided that it was important to
allow for the adaptive re-use of the cabins on-site, which would ensure the long term
preservation of these resources. This has been accomplished in this application through
the identification of beneficial supporting uses for the cabins, including affordable
housing, lodging for visiting scholars, and office/receiving.
The HPC Resolution reflects the final understanding that emerged from these
discussions. It recognizes that as part of the final HPC review a plan for relocating three
(3) of the nine (9) original cabins will be presented to the HPC. By its conceptual approval
of the site plan presented by the applicant, HPC has indicated that such a relocation plan
is reasonable, provided an appropriate receiving site for the cabins is identified by the
applicant and provided the applicant demonstrates that the cabins can be safely
relocated.
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 10
III. GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY
Chapter 26.470 of the Land Use Code requires all new development in Aspen to obtain a
growth management allotment or to be eligible for a growth management exemption. The
applicant believes the proposed development of the Jewish Community Center qualifies
for a growth management exemption as an essential public facility. Section 26.470.040
D.3. establishes the criteria for review of the development of an essential public facility.
These criteria and the applicant's responses to them are as follows:
a. The Community Development Director has determined the primary use and/or
structure to be an Essential Public Facility (see definition). Accessory uses may
also be part of an Essential Public Facility project.
Response: The Land Use Code definition of an essential public facility is as follows:
"A facility which serves an essential public purpose, is available for use by,
or benefit of, the general public and serves the needs of the community".
Development of a religious worship facility and associated uses clearly meets the test of
serving an essential public purpose. The facilities will be available for use by and will
benefit the general public. As explained in Section I.B of this application, the facilities will
serve the growing needs of the community.
b. Sufficient growth management allotments are available to accommodate the uses,
pursuant to Section 26.470.030 C., Development Ceiling Levels and Section
26.470.030 D., Annual Development Allotments.
Response: The above-referenced Code sections do not set a development ceiling or an
annual limit on the amount of essential community facility development that can occur.
Therefore, sufficient allotments should be available to permit this development to occur.
c. The proposed development is consistent with the Aspen Area Community Plan.
Response: The proposal to develop a Jewish Community Center is consistent with
many of the most fundamental elements of the Aspen Area Community Plan. Some of
the themes of the 2000 Community Plan which this Center will promote include the
following:
♦ Encourage a more balanced, permanent community;
♦ Maintain and create places and opportunities for social interaction and lifestyle
diversity;
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 11
♦ Preserve and enhance our historic resources; and
♦ Provide assurances for the continued vibrancy of arts and culture as part of our
community.
The core idea behind the Jewish Community Center is to allow residents and visitors to
obtain a greater affiliation to Aspen as a community, by offering an array of social and
educational experiences, ranging from religious services and holiday celebrations to day
care, religious classes, lectures, and films. Programming and spaces will be made
available to meet the needs of children, teenagers, and adults.
The location of the Center in a prominent place along Main Street, within reach of the
community through walking or bus, is consistent with the AACP policy of infill
development. It might have been simpler to locate such a facility outside of Aspen, where
a larger land parcel could have been assembled and organized parking could have been
offered. The ease of following such an approach is more than offset by the benefits of
locating the Center right in the heart of Aspen, where it will help to re-build community,
bringing the vitality of having children going to classes and enjoying associated outdoor
recreation back into Aspen where they belong.
d. A sufficient percentage of the employees expected to be generated by the project
are mitigated through the provision of affordable housing or cash-in-lieu thereof in
a manner acceptable to the City Council. The employee generation rates may be
used as a guideline, but each operation shall be analyzed for its unique employee
needs. The City Council may waive, or partially waive, affordable housing
mitigation requirements as is deemed appropriate and warranted for the purpose
of promoting civic uses and in consideration of broader community goals.
Response: According to Section 26.470.050 A.1, Employee Generation Calculations,
"All Essential Public Facilities shall be reviewed by the Planning and Zoning Commission
to determine employee generation".
Section 26.470.050 A.1 goes on to provide guidelines for the Planning and Zoning
Commission to use in establishing the employee generation for such facilities. First, the
Code requires the Planning and Zoning Commission to consider the expected employee
generation of the use, any unique employment characteristics of the operation, and the
extent to which employees of various uses within the property will overlap or serve
multiple functions.
The applicant has completed a detailed evaluation of the planned operation of the Jewish
Community Center. There will be a total of nine (9) full time employees of the Center.
Following is a position-by position listing of the full time employees of the Center:
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 12
♦ There will be one Rabbi who will lead the Jewish Community Center.
♦ There will be six employees who operate the pre-school, since each of the three
pre-school rooms is required to be run by two employees. One of these six
employees will be the Rabbi's wife.
♦ There will be one secretary who runs the administrative functions for the Jewish
Community Center. This person will also operate the on-site religious articles
shop.
♦ There will be one caretaker for the Jewish Community Center.
There will also be some contract employees who assist the Center from time-to-time. For
example, there will a contract employee who will work 1 to 2 hours per week to support
the pre-school. There will also be contract employees engaged by the caterers who may
serve functions in the social hall from time-to-time. Finally, there may be a small summer
camp that operates from the property, which would have up to 4 camp counselors
(religious school students) working on a part time basis (from 9 AM to 2 PM) for 2-3
months per year.
The Code also asks the Planning and Zoning Commission to consider two factors which
may provide some assurance that the forecast level of employee generation will be
accurate once the Center is actually in operation. First, it allows an applicant to place a
restriction on the type of uses that can occur within the facility, requiring employee
generation mitigation if the use changes at a future date. The applicant hereby agrees
that the City may re-evaluate the employee generation mitigation for the Jewish
Community Center if, in the future, there are changes to the uses which occur on the site
from those specified in this application.
Second, the Code suggests that the Planning and Zoning Commission may require a
follow-up analysis of the project, such as an audit, to confirm that the forecast of
employee generation was accurate. The applicant would agree to an audit of the project
by the Housing Authority following the commencement of operations, to confirm that the
number of employees on the payroll is the same as that in the employee forecast in this
application.
Of the nine employees, two (the Rabbi and his wife) already own an affordable housing
unit in Aspen. The demand for affordable housing for the other seven employees will be
mitigated through the conversion of three on-site cabins to deed restricted housing. The
Land Use Code credits the applicant with 1.25 employees for each of the two studio units,
and 1.75 employees for the 1 bedroom unit, meaning that 60% (4.25/7) of the affordable
housing demand will actually be mitigated by the applicant. This is the same level of
mitigation required of commercial and lodge developers by the Land Use Code. The
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applicant asks the City to find that this level of housing mitigation qualifies as a "significant
percentage" and is therefore in compliance with this review standard.
e. Free market residential floor area on the parcel is accompanied by affordable
housing units or mitigation pursuant to 26.470.040 C.6., unless otherwise restricted
in the zone district. The City Council may waive, partially waive, or establish a
different limitation as is deemed appropriate and warranted for the purpose of
promoting civic uses and in consideration of broader community goals.
Response: No free market residential floor area is proposed.
f. The project represents minimal additional demand on public infrastructure or such
demand is mitigated through improvements proposed as part of the project. Public
infrastructure includes, but is not limited to, water supply, sewage treatment,
energy and communication utilities, drainage control, fire and police protection,
solid waste disposal, parking, and road and transit services.
Response: A comprehensive review of the project's infrastructure needs has been
completed by High Country Engineering, and is attached as Exhibit #7. The report
concludes that all necessary utilities are available to the site and that any necessary
upgrades to existing facilities can feasibly be accomplished.
The issue of this project's impacts on parking is addressed in the next section of this
application.
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 14
IV. SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS
According to Section 26.515.030 of the Land Use Code, there is no specified standard for
parking for the uses planned for this site. Instead, the required number of parking spaces
for civic, cultural, and public uses is established by Special Review, according to the
review criteria of Section 26.515.040. These review criteria and the applicant's responses
to them are as follows:
1. The parking needs of the residents, customers, guests, and employees of the
project have been met, taking into account potential uses of the parcel, the
projected traffic generation of the project, any shared parking opportunities,
expected schedule of parking demands, the projected impacts onto the on-street
parking of the neighborhood, the proximity to mass transit routes and the
downtown area, and any special services, such as vans, provided for residents,
guests and employees.
Response: A parking study has been prepared for the Aspen Jewish Community Center
by Felsburg Holt & Ullevig, a well respected transportation engineering firm based in the
Denver area. A complete copy of their study is attached as Exhibit #8. This study took
into account the factors identified in the above standard and represents a comprehensive
analysis of the parking needs for this project.
Data collection for the study was conducted during peak winter conditions, during the first
week of March, 2004. This time period coincided with the week that the HBO Comedy
Festival was occurring and the ski areas were in high season, representing a period when
parking demand in Aspen is already greater than normal.
Counts of available parking spaces on the blocks surrounding the site were made at
times when activities would typically take place in the Jewish Community Center. For
example, counts were taken on several weekday afternoons and evenings, to evaluate
parking needs for school sessions, adult education, and for the occasional events that
may occur in the auditorium. Counts were also taken on Friday evenings and Saturday
mornings, to evaluate parking needs for religious services.
The counts of available parking were then compared to projected demand for parking
from the planned activities. The results demonstrate that on-street parking spaces in the
immediately surrounding blocks are considerably underutilized. The study projects that
there will continue to be vacant on-street parking in the area following development of this
facility.
The key conclusion of this study is as follows:
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 15
"Based on the above parking analysis, it appears that adequate on-site
parking exists in the area to accommodate the demand associated with the
Aspen Jewish Community Center. Very few vehicles currently park on the
streets in the site vicinity, and under typical conditions, nearly all Center
patrons would be accommodated along the block faces adjacent to the site.
During larger special events at the Center, which would occur 8-10 times
per year, both sides of the street on the three blocks nearest the Center
entrance would fill."
The study represents an exceptionally conservative analysis of parking demand from the
Center. It assumes that essentially all users would arrive at the Jewish Community
Center by car. But, in fact, the Jewish Resource Center purchased this site precisely
because it is located in town, along a bus route, and not very far from many of the hotels
where guests will stay. The applicant expects that many attendees of its activities and
some of the staff will arrive by walking or taking a bus, not by driving a car. In fact, Jewish
law forbids driving on Friday night, Saturday or on religious holidays. While not everyone
observes this law, some will be mindful of this limitation and others will simply find it more
convenient not to drive.
By not providing a large parking facility on-site, the applicant is providing a further
discouragement for people who would think about driving. This would seem to us to be
entirely consistent with the City's overall philosophy about parking in town, which is
embodied in the recent revisions the City has adopted with respect to required parking for
development within the infill area. For example, the standard for commercial
development in the Mixed Use zone is just 1 space per 1,000 sq. ft. of net leasable area,
a reduction from the former Office zone district standard of 3 spaces per 1,000 sq. ft., net
leasable.
The applicant would also ask the City to recognize that no other church within the Aspen
Townsite provides on-site parking for its users. St. Mary's Church, the Community
Church, the Episcopal Church, the Baptist Church, and even the newer Lutheran Church
off Cemetery Lane all do not provide off-street parking. On-site parking is typically only
provided for a religious facility in a suburban type of environment, such as at the Prince of
Peace Chapel. So by providing nine spaces along the alley, this facility is actually
providing more parking than any of the other religious facilities around the Townsite.
Considering all of these factors, the applicant concludes that the proposal to provide nine
on-site parking spaces for use as drop off parking and employee parking meets the needs
of the project and therefore complies with the provisions of this review standard.
Furthermore, it is consistent with the direction the City has recently taken toward parking
for other types of new developments in this zone. Finally, it is consistent with the infill
development approach adopted by the City, which recognizes that to achieve the vitality
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 16
the City is seeking, applicants should not be dedicating excess land on their property to
surface parking.
2. An on-site parking solution meeting the requirement is practically difficult or results
in an undesirable development scenario.
Response: As explained previously in this application, the applicant spent eighteen
months working with the HPC to arrive at an acceptable conceptual site plan and
architectural program for this site. One of the primary issues that was addressed during
the many public meetings was how best to address on-site parking on this site. At the
conclusion of its hearings, the Commission adopted Resolution 31, Series of 2005.
Condition #2 of that Resolution reads as follows:
"HPC has evaluated all surface parking schemes raised and all will have
negative consequences except the one proposed. Also, the other designs
do not meet the Design Guidelines. The Board is prepared to approve a
parking waiver at Final review, once City Council determines the number of
on-site spaces that would have been required."
The applicant has conducted some research to determine the number of parking spaces
that might be required for a facility such as this, based on the experience of other
communities. The applicant examined the publication entitled Off Street Parking
Requirements, published by the American Planning Association (PAS Report Number
432). This publication cites parking standards for uses established by communities
throughout the Country. The applicant also examined the adopted parking standards for
churches and religious facilities from other resort communities in Colorado, including
those in Steamboat Springs, Crested Butte, Telluride, Breckenridge, and Gunnison.
Several conclusions can be reached from a review of these standards, as follows:
a. The typical parking standard applied to a church or religious facility is based on the
number of spaces required per seat in the sanctuary. The range of such
standards cited in this publication is from 1 space per 2.5 sanctuary seats to 1
space per 8 sanctuary seats, with the most frequently cited standard being either 1
space per 4 seats or 1 space per 8 seats. A few communities apply a standard of
1 space per 500 sq. ft. of space occupied for religious purposes.
b. Several communities recognize that it is appropriate to lower the parking standard
for a church or religious facility based on the following factors:
♦ A lower standard should be applied if the facility is located such that a
significant percentage of the parishioners can walk to the place of religious
worship. This provision is considered to be particularly applicable to those
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 17
sects, such as observant Jews, who are forbidden to drive to religious
services.
♦ Because religious observances often occur at times when other land uses
are not in operation, it is considered to be acceptable to reduce the required
parking if the facility is located where other spaces are expected to be
available.
If a standard of 1 space per 4 sanctuary seats were applied to this facility, that would
require 51 parking spaces to be provided (there are 204 seats planned for the sanctuary).
A more reasonable standard of 1 space per 8 seats would require 26 spaces to be
provided. However, an even lower standard should apply to this facility because:
* It is located along a bus route;
* It is within walking distance of many surrounding residences and tourist
accommodations;
* Observant members of this congregation will not drive to religious services;
* Spaces have been demonstrated to be available on surrounding streets at the
times when many planned gatherings will occur; and
* Other religious facilities within the Aspen Townsite do not provide off-street
parking.
Therefore, the applicant would ask that the Planning and Zoning Commission and City
Council accept the proposed parking along the alley as the established parking standard
for this facility. Since it is not physically possible to provide additional parking on this site
and still preserve the original cabins, if a higher standard is set, the applicant will follow
the directives of Condition #2 of HPC Resolution 31, Series of 2005 and request that HPC
waive any higher standard that would otherwise be applied to this property.
3. Existing or planned on-site or off-site parking facilities adequately serve the needs
of the development, including the availability of street parking.
Response: Please see the response to review standard #1, above.
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 18
V. GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING
The applicant proposes to convert three (3) of the original cabins from lodging units to
affordable housing. Section 26.470.040 C.7 establishes the criteria for review of the
development of affordable housing units. These criteria and the applicant's responses to
them are as follows:
a. Sufficient growth management allotments are available to accommodate the new
units, pursuant to Section 26.470.030 C., Development Ceiling Levels.
Response: The above-referenced Code sections do not set a development ceiling or an
annual limit on the number of affordable housing units that can be developed in the City.
Therefore, sufficient allotments should be available to permit this development to occur.
b. The proposed development is consistent with the Aspen Area Community Plan.
Response: Please see the response to this standard in response C of Section III of this
application, Growth Management Review for Essential Public Facility.
c. The proposed units comply with the Guidelines of the Aspen/Pitkin County
Housing Authority. A recommendation from the Aspen/Pitkin County Housing
Authority shall be required for this standard. The Aspen/Pitkin County Housing
Authority may choose to hold a public hearing with the Board of Directors.
Response: As shown on the enclosed floor plans, the applicant has designed the
proposed units to comply with the Housing Guidelines. If the Housing Authority
determines that any modifications to the design are necessary for the units to better
comply with the Guidelines, these will be accomplished prior to submission for a building
permit.
d. Affordable housing required for mitigation purposes shall be in the form of actual
newly built units or buy-down units. Off-site units shall be provided within the City
of Aspen city limits. Units outside the City limits may be accepted as mitigation by
the City Council, pursuant to 26.470.040.D.2. Provision of affordable housing
through a cash-in-lieu payment shall be at the discretion of the Planning and
Zoning Commission upon a recommendation from the Aspen/Pitkin County
Housing Authority. Required affordable housing may be provided through a mix of
these methods.
Response: The proposed affordable housing mitigation comes in the form of on-site
units that are being converted (that is "bought down") from tourist cabins.
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 19
e. The proposed units shall be deed restricted as "for sale" units and transferred to
qualified purchasers according to the Aspen/Pitkin County Housing Authority
Guidelines. In the alternative, rental units may be provided if a legal instrument, in
a form acceptable to the City Attorney, ensures permanent affordability of the
units.
Response: The applicant would propose that the units remain as rental units, so that
they can be used to house actual employees of the Community Center.
Prior to the conclusion of the review of this project by the City Council, the applicant's
representatives will meet with the City Attorney to determine the appropriate form of legal
instrument that will be used to ensure the permanent affordability of the units.
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 20
VI. SUBDIVISION REVIEW
The definition of the term "subdivision" in the Land Use Code includes the use of land for
multiple dwelling units. The definition of the "multi-family dwelling" states that "The term
multi-family dwelling also includes properties listed on the Aspen Inventory of Historic
Landmark Sites and Structures consisting of three (3) or more detached dwelling units
where permitted by the zone district".
Since the applicant intends to convert three of the existing cabins to affordable housing,
this development technically qualifies as a subdivision (even though no subdivision of
land or creation of separate interests is planned). Since no subdivision of land is planned,
the applicant has not included a formal "subdivision plat" with this submission. A plat will
be prepared for review by City staff following approval of this application by the City
Council.
The applicant's responses to the standards for subdivision review contained in Section
26.480.050 of the Land Use Code are as follows:
A. General Requirements.
1. The proposed subdivision shall be consistent with the Aspen Area
Community Plan.
Response: Please see the response to this standard in response C of Section III of this
application, Growth Management Review for Essential Public Facility.
2. The proposed subdivision shall be consistent with the character of existing
land uses in the area.
Response: The proposed affordable housing units are surrounded by a mix of other
uses, including single-family, duplex, and multi-family housing, lodging units, retail and
office uses. These affordable housing units should compliment and be consistent with
these other uses.
3. The proposed subdivision shall not adversely affect the future development
of surrounding areas.
Response: The conversion of these three cabins into affordable housing units will not
adversely affect the future development of this neighborhood.
4. The proposed subdivision shall be in compliance with all applicable
requirements of this title.
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 21
Response: The subdivision will comply with all applicable requirements of Title 26 of the
Aspen Land Use Code.
B. Suitability of Land For Subdivision.
1. The proposed subdivision shall not be located on land unsuitable for
development because of flooding, drainage, rock or soil creep, mudflow,
rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety or welfare
of the residents in the proposed subdivision.
Response: No such hazardous or harmful conditions apply to or limit the development
this property.
2. The proposed subdivision shall not be designed to create spatial patterns
that cause inefficiencies, duplication or premature extension of public
facilities and unnecessary public costs.
Response: Not only will this proposal not cause the need for any extension of services, it
will actually result in a more efficient use of existing infrastructure. This is accomplished
by locating new housing in the Aspen Infill Area, where necessary facilities and services
are already in place and where the City wants such development to occur.
C. Improvements. The improvements set forth at Chapter 26.580 shall be provided
for the proposed subdivision. These standards may be varied by special review
(see Chapter 26.430) if the following conditions have been met:
1. A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen
Area Comprehensive Plan, the existing neighboring development areas,
and/or the goals of the community.
2. The applicant shall specify each design standard variation requested and
provide justification for each variation request, providing design
recommendations by professional engineers as necessary.
Response: The applicant has worked closely with members of the City Engineering
Department and City Parks Department while preparing this application. To the best of
the applicant's knowledge, no variances from the City's adopted improvements standards
will be required for this project.
D. A subdivision which is comprised of replacement units shall be required to provide
affordable housing in compliance with the requirements of Chapter 26.520,
Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 22
Replacement Housing Program. A subdivision which is comprised of new dwelling
units shall be required to provide affordable housing in compliance with the
requirements of Chapter 26.470, Growth Management Quota System.
Response: This subdivision contains 100% affordable housing units.
E. Compliance with the School Land Dedication Standards set forth at Chapter
26.630.
Response: The applicant will comply with the requirements of this Section, if so
required by the City and the School District. The applicant would point out that this
project is a not-for-profit development, will provide needed day care services for the
Aspen community, and also includes a religious school. However, if the City and School
District decide to apply these standards to the development of the affordable housing
units, then the applicant anticipates paying an in-lieu fee, as this is not a logical location in
which to dedicate land to the School District.
F. Subdivision approval may only be granted to applications for which all growth
management development allotments have been granted or growth management
exemptions have been obtained, pursuant to Chapter 26.470.
Response: Requests for growth management review for the affordable housing units
and for an essential community facility are included in this application.
VII. VESTED RIGHTS
Pursuant to Section 26.52.080 of the Aspen Municipal Code, the applicant hereby
requests that this development be granted vested rights status.
VIII. CONCLUSION
In summary, the applicant has submitted all of the materials requested during the pre-
application conference, has responded to the applicable standards of the Aspen Land
Use Code and has demonstrated the compliance of the proposed development with said
standards. Should any reviewing agency request additional information, or need for us to
clarify any of the statements made herein, the applicant will respond in a timely manner.
Please feel free to contact the applicant or his representative as necessary.
s,
RP - !"I
--------------------------------------------------------
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KEY PLAN
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EXTERIOR ELEVATION KEY
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EXTERIOR ELEVATION
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Z LEGEND
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KEY PLAN
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LEGEND
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To
Aspen Jewish Community Center 435 West Main St. ASPEN, COLORADO
LIST OF DRAWINGS:
COVER SHEET
AO.1 SITE PLAN
AO.2 SITE NORTH ELEVATION
A1.1 EXTERIOR MATERIALS
A1.2 EXTERIOR MATERIALS
A2.1 BASEMENT FLOOR PLAN
A2.2 FIRST FLOOR PLAN
A2.3 SECOND FLOOR PLAN
A2.4 ROOF PLAN
A2.5 BASEMENT FLOOR PLAN PARTIAL
A2.6 BASEMENT FLOOR PLAN PARTIAL
A2.7 FIRST FLOOR PLAN PARTIAL
A2.8 FIRST FLOOR PLAN PARTIAL
A2.9 SECOND FLOOR PLAN PARTIAL
A2.10 ROOF PLAN PARTIAL
A2.11 ROOF PLAN PARTIAL
A2.12 CABIN PLAN
A3.1 BUILDING SECTIONS
A3.2 BUILDING SECTIONS PARTIAL
A3.3 BUILDING SECTIONS PARTIAL
A3.4 BUILDING SECTIONS PARTIAL
A3.5 BUILDING SECTIONS PARTIAL
A3.6 BUILDING SECTIONS PARTIAL
A4.1 NORTH AND SOUTH EXTERIOR ELEVATIONS
A4.2 NORTH ELEVATION PARTIAL
A4.3 NORTH ELEVATION PARTIAL
A4.4 EAST EXTERIOR ELEVATION
A4.5 SOUTH EXTERIOR ELEVATION PARTIAL
A4.6 SOUTH EXTERIOR ELEVATION PARTIAL
A4.7 WEST EXTERIOR ELEVATION
A6.1 TYPICAL WALL SECTIONS
A6.2 TYPICAL WALL SECTIONS
,A6.3 TYPICAL WALL SECTIONS
SITE LIGHTING PLAN
LANDSCAPE PLAN -OPTION A
LANDSCAPE PLAN -OPTION B
NORTH ELEVATION OPTION A
NORTH ELEVATION OPTION B
WEST ELEVATION
EAST ELEVATION
NOT INCLUDED IN FLOOR AREA INCLUDED IN FLOOR AREA
BASEMENT
FIRST FLOOR
SECOND FLOOR
CABINS 14,15,16
TOTAL FLOOR AREA: PUBLIC USES
TOTAL LOT SIZE:
ALLOWABLE FLOOR AREA: PUBLIC USES O 0.75:1
AFFORDABLE HOUSING CABINS 17.18.19
TOTAL FLOOR AREA: ALL USES
ALLOWABLE FLOOR AREA: ALL USES O 1:1
ARTHUR CHABON ARCHITECT 3 WESTMAINSTREET ,SUITE#204 HISTORIC PRESERVATION COMMISSION DECEMBER 8, 20
06
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