HomeMy WebLinkAboutcoa.lu.sp.Youth Center.A5294
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED:
DATE COMPLETE:
PARCEL ID AND CASE NO.
A52-94
PROJECT NAME: Asoen
project Address:
Legal Address:
STAFF MEMBER:
Yo th Center SPA Amendment
455 Rio Grand Place
LL
APPLICANT: Asoen Youth Center
Applicant Address: Box 8266
REPRESENTATIVE: Perry Harvey
Representative Address/Phone: 514 E.
Aspen.
925-7.0.0.0
Hyman
CO 81611
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 2119
$
$
$
$ 2119
# APPS RECEIVED
# PLATS RECEIVED
5
5
TYPE OF APPLICATIO~f STAFF
P&Z Meeting DateCff~
CC Meeting Datl?~ J ~
APPROVAL:
PUBLIC
VESTED
1 STEP: 2 STEP:--X-
HEARING:~ NO
RIGHTS: YES A, ,NO, f', '
~ '(1;(
HEARING:~ NO' '...."
RIGHTS: ~ NO
PUBLIC
VESTED
DRC Meeting Date
----------------------------~---------------~------------------
---------------------------------------------------------------
R~~LS :
~ ~ity Attorney Parks Dept. School District
city Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
city Electric Mtn. Bell Open~ace Bf!f81
Envir.Hlth. ACSD K other~'~L.
Zoning ,Energy Center Other
~~~~..:7J:~~~q,0;~f~;~
___ city Atty ___ City Engineer ___Zoning ___Env. He~lth
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
,'y
January 2,1997
Sara Thomas
City Zoning Officer
Community Development Department
130 S, Galena St,
Aspen, CO 81611
Re: The Aspen Youth Center
Dear Sara:
tel 970 925 ~211
, In response to your letter to Eric Brendlinger dated December 17, 1996, with
respect to whether the Aspen Youth Center kitchen ("diner") is being utilized as a
vocational lab for students in the A~pen School District as stipulated in Ordinance
319,1995, Section 1, Item 3, please be advised that the Lessee of the diner, i.e., the
UndergrOlll1d, has been working with the Aspen High School, particularly with Karen
Angus, a cOlll1selor, and a pilot prograin has been developed and will be implemented
for the second semester, In addition, the Lessee has employed high school student
the past two summers.
. AS/Jeft
. T8E SMITH-ELISHA HOUSE
320 WEST MAIN STREET
ASPEN CO 81611
j, '^ fax 9709252442'
en/ail mpdw@rof:net
~ Lastly, piease be advised that the Agreement for the~Lease of the operation
of the diner at the Aspen Youth Center does contain a condition stating that the
Lessee will offer vocational cOUr~s for students of the Aspen School District and
, . ", ,-, ' \, ' ," --', ' "
that the diner will be operated as an educational extension of the school to the
greatest extent possible,
. S11owma5s Village
ANDERSON RANCH
5131 OWL CREEK ROAD
POST .oFFJCE BOX 6157
Lu~1. '\ U
\"
SNOWMASS VILLAGE CO 8-1615
rei 9709232211
fax 9709230760
email mpdwsnow@rof.net 0
"
-,:
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Sara Thomas
January 2, 1997
Page 2
If you should have any questions or need additional information, please feel free to contact
me at 925-2211.
JCD:klm
cc: Aspen Youth Center Board of Directors
Rhonda 1. Bazil; Esq,
j:\aspenythlthomas.ltr
o
Sincerely,
McFL YNN PICKETT DOREMUS &
WHITSITT, P,C,
eanne . Doremus
. Chairpers n of Aspen Youth Center
, ctors
EXHIBIT A
')
YOUTH CENTER GROUND LEASE AGREEMENT
WITH CITY AND COUNTY
6.
Use of Leased Premises.
(a) The Leased Premises shall be used exclusively by
Lessee for the purpose of establishing and thereafter maintaining
a meeting place for the youth of the City of Aspen and surrounding
areas that is free of illegal drugs, non-medicinal alcohol, and
tc:.!>ncco produCL!;, <lnd for. ttw purposH of providi.ng t1 communl.t.y-
:'I,iented facility.
(e) Lessee shall not sell, convey, transfer, oublouoo,
pledge, surrender or otherwise encumber or dispose of this Lease,
the Youth Center building, or any interest or estate created
herein, except that Lessee shall have the right to pledge or
otherwise encumber the Youth Center building in an amount not to
exceed two hundred fifty thousand dollars ($250,000.00); provided,
however, that any such encumbrance is made only after thirty (30)
days prior written notice to the City and County; and, provided
further, that any such encumbrance is made subservient and
secondary to the City and County's interests in the Youth Center
building as set forth in this Lease.
(h) Lessee shall not permit any other person, persons,
company, oorporation, or organization to occupy or use the Leased
Premises for a period of time in excess of two (2) consecutive
weeks without the express written consent of the City and County.
19. Events of Default Defined.
(e) Lessee's interest in this Lease or any part hereof
is assigned or transferred l.i~~W~ft~t~a~ig~j:;~uvm~~s~* without the
written consent of the Lessors; "except"'a's,uprovlded""nerein, either
voluntarily or by operation of law or otherwise, or,
(
1 C:\WP51\AYC\LEASE.AGR
SAN 02 '97 05:40PM MCFLYNN & PICKETT
P.i
Arz ., :s fe/VI .
McFLYNN PICKETT DOREMUS &. WHITSITT, P.C.
Mile,
Snowmass ViIIlSge
The Smith-Elisha Houle
320 West Main Street
Aspen, CO 81611
TeJepllone: (970) 925-2211
FacsiJ.Dile: (970) 925.2442
Anderson Rano
5131 Owl Creek Road
Snowmass Village, CO 81615
Telephone: (970) 923-2211
Faesimile: (970) 923-3129
FACSIMILE COVER ~'RE'ET
Date:
FuNo.:
January 2,1997
920-5439
RE:
Sara Thomas
Jellll:llll C. Doremus, E$q.
The Aspen Youth Center
TO:
FROM:'
Docaplent(s) T1'lln.1Ditted/No. Pag'lls
Letter. 2 pages
TOTAL NUMBER OF PAGES INCLUDING TBIS COVER SHEET: 3
MESSAGE:
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ImJlorhllt: Thill co_ullicatlon is blhnded solely for the lIse ohhe penOn$lllUDed above or others autMriZed 1;1)
receive it. nit< commnnicadon may Include privileged oad cDafldentiall..forll1~tlo.. and aay lISe, dilllle1llblatioD or
reprodl.el!on by uDautllorJzed penonsis absol"tely prohlbited. If you have received this CllBIDllllllcatlOllbl emr,
plel\s!! l~utify tile sender immediately.
f.:v:es\a_eubt
JAM 02 '97 05:40PM MCFLYMN & PICKETT
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January 2, 1997
Sara TholIW$
City Zoning Officer
Community DevelllpItlent Department
DOS. GalenaSt.
Aspen, CO 81611
Ril: :I.!!JtAwen Youth Cen~
-
Dear Sara:
In response to your letter to Eric Brendlinger dated December 17, 1996, with
respect to whether tlwAspen Youth Center kitchen ("diner'') is being utili2.ed as II
vocational lab for students in the Aspen School District as $upulated in Oldinance
319,1995, Section 1, Item 3, please be advised that the Lessee of the diner, i.e., the
Underground, bas been working with the.Aspen High &hool, particulatly withKaren
Angus, a counselor, alld a pilot progl'llln has been developed and will be implemented
for the second semestet\ In addition, the Lessee has employed high school student
the past two SWl:ll:ll.el1i.
Lastly, please be advised that the Agreement for the Lease of the operation
of the diner at 1;he Aspen Youth Center does contain a condition stating that the
Lessee will offer vom\tional courses for students of the Aspen School District awl
that the diner will be opetated as an educational extension of the school to the
greatest extent possible.
JAN 02 '97 05:41F'11 MCFLYNN & PICKETT
P.3
.
.-
SaxaThomas
January 2, 1997
Page 2
If you should have any questions or need additional information, please feel free tI:l contact
me at 925-2211.
Sincerely,
McFL'fNN PICKE'IT DOREMUS &
WHITSm, P.C.
JCD:k1m
cc; _ Aspe;tl Youth Center Board of Directors
Rhonda J. Bull, Esq.
j:"'.p""yth\tb.om...ltr
December 17. 1996
.
Eric Brendlinger
Aspen 'Youth Center
455 Rio Grand Place
Aspen, CO 81611
ASPEN . PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Dear Eric,
Our office has received inquiries recently regarding the kitchen at the Youth Center, in
particular, whether the kitchen is being utilized as a vocational lab for students of the
school district, as was stipulated in Ordinance 3, 1995, Section 1, Item 3: .
~
The kiichen will operaie CIS an accessory use io ihe Youih Center as a year-round
learning center for vocaiional courses for siudetzis of ihe school disirici. The lease fOr
the operaior of ihe kiichen/diner shall staie the operaior shall offer vocation coursesfor
siudenis of the Asper! School Districi and to provide opportuniiies for employmeni or
unpaid internships for youth during the school year.
In order to clarify this issue, .we request that you please forward verification that this
condition is being complied with to the Planning Office by January 2, 1997.
If you have any questions; or need additional information, feel free to contact me at 920-
5104, .
-Sincer~;
C.k{{L;/M"'Ak~
r 'I' ,
Sara Thomas
City Zoning Officer
cc: Stan Clauson, Community Development Director
130 SOUTH G..l,l.ENA SWEET' ASPEN, COLORADO 81611.1975 . PHONE 970.920.5090 . FAX 970-.920.5439
. .
Printed on R.ecyded Paper
1"'"".
.~
V"a...
MEMORANDUM
FROM:
Mayor and Council
Bill Efting '~p-~ng City Manager'1ft.,
stan Claus~rector Community Development
Leslie Lamont, Deputy Director
TO:
THRU:
THRU:
DATE:
April 10, 1995
Amendment Specially Planned Area Final Development Plan -
Aspen Youth Center - Second Reading Ordinance 3, Series
1995
RE:
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: Council tabled review of the proposal in order for
staff and the application to address several issues that surfaced
at the March 13, 1995 meeting.
Council requested more information on the following issues:
* both the land lease and sub-lease;
* intent or goal section in the sub-lease;
* clarification of accessory uses; '-rd~ \p,..~: r'eCo...f!; ;;;!'!
*uufee waiver request.~ ~ o_AJ>_/. ;<i J,
The memo of March 13,-~5 is attached for Council's update.
~"
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STAFF COMMENTS:
A. Land Lease and Sub-Lease
In the March 13 memo the proposed changes to the Land Lease were
not consistent with the memo. A revised land lease is attached,
E}l:hibit A.
In addition, Rachel suggested that an intent or purpose section be
included within the sub-lease. The sub-lease is the lease between
the Youth Center and the operator of the diner. The Ordinance and
the Land-lease requires the city Attorney to review the sub-lease
on an annual basis or whenever the kitchen operator changes. The
revised sub-lease is also attached for. Council's review, Exhibit
B.
The language of the intent/purpose section of the sub-lease is also
a condition of Ordinance 3, 1995. 'I:he sub-lease also cross
references Ordinance 3, 1995.
B. Accessory Uses
The diner has been considered by staff to be an accessory use to
the Youth Center. Accessory uses are allowed as permitted uses in
all zone districts in the city. council requested a review of the
accessory uses and whether there is potential for abuse of these
types of uses within the zones.
According to the Land Use Code, the definition of an accessory use
is:
Accessory use or accessory structure means a use or
structure that is naturally and normally incidental to,
subordinate to and devoted primarily to the principal
use or structure of the premises; des not change the
basic character of the premises, as determined by its
principal use or structure served; and is located on the
same lot or contiguous lots under the same ownership as
the principal use or structure. In no event shall an
accessory use be construed to authorize a use not
otherwise permitted in the zone district in which the
principal use is located and in no event shall an
accessory use or structure be established prior to the
pr incipal use or structure to which it is accessory.
Accessory buildings or structures shall not be provided
with kitchen or bath facilities sufficient to render them
suitable for permanent residential occupation.
A restaurant is not an allowed use in the Public zone district,
please see permitted and conditional uses, Exhibit C. However,
the diner was part of the original approval of the Youth Center.
The SPA overlay zone is a land use tool to "allow design
flexibility and to be planned and developed comprehensively as a
multiple use development. The entire Rio Grande park/parcel is
zoned SPA. Development within the SPA zone must complete an
extensive 4 step review process. The SPA is an overlay that is
placed over the underlying zone district designation. In the case
of the Rio Grande the underlying zone is Public. According to the
Code the SPA is applied as follows: "The underlying zone district
designation shall be used as a guide, but not an absolute
limitation, to the uses and development which may be considered
during the development review process."
It was through the SPA review process that the applicants were able
to propose and staff/review boards able to consider the diner as
an accessory use although a restaurant is not allowed in the Public
zone district. It is also because of the underlying Public zone
and the increased use of the accessory use that staff originally
suggested a substantial review of the changes currently proposed
by the Youth Center Board.
2
In relation to accessory uses in other zone districts or with other
development, unless the accessory use is permitted in the zone
district it will not be allowed as an adjunct to the primary Use.
In otherwords, a resident of the R-6 zone district could not open
a coffee house in their carriage house because a restaurant is not
an allowed use in the zone district. It is the presence of the SPA
overlay that enables use flexibility within the zone districts.
The designation of SPA overlay and review of a development proposal
with SPA overlay is an extensive land use review process involving
public hearings at both the Commission and Council.
C. Fee waiver Requests
The applicants have requested a waiver of fee Planning fees. The
applicants received a $2700 grant from Council during the 1995
budget cycle. The Planning Department charged an initial $2100
for a two step review process equaling 12 hours of work. The
Planning Department has subsequently bill the applicant for an
additional six hours which equals $815. Staff estimates that
another two hours will be spent on this application before the file
is closed for a total of $3241.
The policy for waiving Planning Department fees is to waive fees
only for 100% affordable housing. In the past, non-profit
organizations have requested a fee waiver and that request is
presented during Council's annual budget review. If Council waives
Planning fees, typically Council has reimbursed the Planning
Department from their discretionary fund.
RECOMMENDATION: The Planning staff and the Planning and Zoning
commission recommends approval of the amendment to the Youth Center
final SPA approval with the following amended conditions:
1. All activities shall be either of a public nature, or sponsored
by the Youth Center to generate funds for the Center.
2. The city and County shall not be required to pay rent for the
use of the building.
3. The kitchen will operate as an accessory use to the Youth
Center as a year-round learning center for vocational courses for
students of the school district. The lease for the operator of the
kitchen/diner shall state the operator shall offer vocations
courses for students of the Aspen School District and to provide
opportunities for employment or unpaid internships for youth during
the school year. Aspects of the lease shall include rent payable
to the Aspen Youth Center, employment or internships for youth
during the school year, provision of food for Aspen Youth Center
youth programs at cost, establishment of a reasonable price
structure for affordability by youth and families, provision of a
percentage of revenues to the Aspen Youth Center if any special
events are catered either in the Center or outside the center,
3
operation of the kitchen should be an educational extension of the
schools to the greatest extent possible.
4. The city Attorney's office shall review any leases or uses of
the Center by other users.
5. The fee structure to use the Center shall be similar to the
city Recreation Department fees and Colorado Mountain College fees.
6. The operator of the diner shall be entitled to erect a sign in
accordance with the City Sign Code. the operator shall not be
allowed to advertise as a stand alone retail food establishment;
however, the operation may be promoted through Aspen Youth Center
mailings and it may be advertised as the food provider in
conjunction with any Aspen Youth Center advertisements or program
announcements.
7. These conditions of approval and the amendment to the SPA
approval shall be reflected in an amended lease between the
City/county and the Youth Center.
8. All material representations made by the applicant during the
public hearings with the Planning and Zoning commission and city
Council and in the application shall be adhered to and considered
conditions of approval unless otherwise amended by specific
conditions of approval.
9. An annual review of this amended programming and restaurant use
shall be conducted with the Planning and zoning commission at staff
or Commissioner's request until such time as the Planning and
Zoning Commission, in its sole discretion, by resolution,
terminates this condition.
RECOMMENDED MOTION: "I move to adopt amended Ordinance 3, Series
of 1995 on second reading amending the final SPA development plan
for the Aspen Youth Center."
MANAGER'S COMMENTS:
Ordinance 3, Series of 1995
EXHIBITS
A. Land Lease
B. Sub-Lease
C. Public Zone District
D. March 13, 1995 memo
4
EXHIBIT B
AGREEMENT FOR THE
LEASE AND OPERATION OF THE
KITCHEN AND DINER AT
THE ASPEN YOUTH CENTER
THIS AGREEMENT entered into at Aspen, Colorado, this day
of , 199_, by and between the ASPEN YOUTH
CENTER, a not-for-profit corporation (hereinafter "Landlord") and
(hereinafter "Operator").
WIT N E SSE T H :
WHEREAS, the Landlord is the owner of the structure located at
455 Rio Grande Place, Aspen, Colorado and known as the Aspen Youth
Center; and
WHEREAS, the City of Aspen (the "City") and the County of
Pitkin (the "County") are the owners of the land underlying and
surrounding the Aspen Youth Center; and
WHEREAS, on the lower level of the Aspen Youth Center building
there is a kitchen, dining room (indoor and outdoor) and related
equipment (hereinafter "the Premises"); and
WHEREAS, the Landlord desires to grant a lease for the
Premises and Operator desires to secure a lease in accordance with
the terms and conditions of this Agreement.
NOW,
covenants
follows:
THEREFORE, in consideration of the mutual terms,
and conditions contained herein, the parties agree as
1. Grant and Description of Premises. The Landlord grants
to Operator and Operator accepts from Landlord the exclusive right
to utilize the Premises in the Aspen Youth Center building, for the
use and operation of a diner.
of
2.
time
Term. The term of this agreement shall be for a period
commencing on and ending on
At the conclusion of the initial term,
the Operator shall have an option to renew this Agreement for an
additional year term upon such terms and conditions as
are agreed upon by the parties at that time; provided, however,
that Operator gives the Landlord notice of its intention to renew
the lease at least 90 days prior to the last day of the lease.
3. Use. The Premises may be used by Operator for the
purpose of operating a diner as an accessory use to the Aspen Youth
Center. The Operator shall not use the Premises for any other
purposes without the Landlord's written consent. The Operator
shall not use the Premises in any manner that will create an
increase in the rate of insurance or a cancellation of any
insurance policy, even if such use may be in furtherance of
Operator's business. Operator shall not keep, use or sell anything
prohibited by any policy of fire insurance covering the Premises.
4. Time of Occupancv. Acce9tance and Surrender of the
Premises. The Operator shall be entitled to use and occupy the
Premises in a manner so as to not interfere with programs and
occupancy of the remaining facilities of the Aspen Youth Center
building. Occupancy of the Premises by the Operator shall be
construed as recognition that the Premises are in a good state of
repair and in sanitary condition.
5. Rent. Operator, during the term of this Agreement,
agrees to pay to Landlord as follows:
A.
The sum of $
per month; and
B.
special event
the Premises.
percent of the gross revenues from any
which is catered either on the Premises or outside
Operator shall make payments to Landlord on the 1st day of
each month during the term of the lease. Gross sales shall be as
defined in Section 7 herein.
6. Rent and Damaqe Deposit. upon the execution of this
Agreement, Operator shall pay to Landlord as a rent and damage
deposit the sum of $ This deposit, less any unpaid rent or
charges for damages to the Premises or equipment listed in
Paragraph 9 herein, shall be returned to Operator on or before
sixty (60) days following termination of this lease.
7 . Accountinq and Records. Operator shall install and
maintain such bookkeeping and accounting systems and methods of
collection of monies as shall permit Landlord to accurately compute
the net revenue of Operator; and such records shall be made
available to Landlord during normal hours of business of the
Operator. At a minimum, Operator shall utilize a cash register
which shall record all sales transactions made from the Premises.
Daily cash register tapes and aggregate sales receipts shall be
caused to be made and retained by the Operator for a period of no
less than one year. The Landlord reserves the right to examine all
books, records, and cash register tapes of the Operator at any time
during the term of this Agreement and for up to six months
following the termination of this Agreement. Gross sales shall
include all sales less sales taxes charged and collected.
8. Access to Premises. Landlord shall be entitled to enter
upon the Premises at all reasonable hours for the purpose of
inspecting the same, preventing waste or loss, enforcing any of
Landlord's rights hereunder, or for use of the dining room facility
2
(not the kitchen) during times when the Operator is not open for
business.
9. Eauipment. Operator acknowledges that the Landlord shall
not be required to provide any equipment for the operation of the
kitchen and diner, other than those items listed in Exhibit "A"
attached hereto. All equipment and other articles deemed necessary
for the operation of the kitchen and diner shall be provided by the
Operator. All items of equipment shall be maintained in good
working order by Operator, at Operator's own cost and expense.
10. Duties of Operator Relative to Operation of Kitchen and
Diner. During the term of this Agreement, Operator agrees:
A. To provide clean, wholesome food and beverage items
priced so that it is affordable to youth and families.
B. To provide services in a courteous and efficient
manner.
C. To employ and maintain for the benefit of the
parties, at Operator's own cost and expense, employees of
sufficient number and qualifications to operate and manage the
Premises consistent with the highest standards.
D. To offer vocational courses for students of the
Aspen School District and to provide opportunities for employment
or unpaid internships for youth during the school year; provided,
however, that if the youth do not request employment or
internships, it shall not constitute an event of default hereunder.
The kitchen and diner shall be operated as an educational extension
to the schools to the greatest extent possible.
E. To provide a food and beverage service for Aspen
Youth Center events at cost.
F. To make available for retail sale such other
merchandise as Operator desires to sell and which is commonly sold
in a diner (i.e., tee shirts, caps, etc.); provided, however, that
the Landlord reserves the right to prohibit the sales of any item
which it, in its sole discretion, deems objectionable.
11. Maintenance and Repairs. Operator, at its sole expense,
shall keep the Premises, including outdoor walks and access ways at
the Rio Grande entrance, in a good, clean and safe condition and do
all work and repair necessary to maintain same and to keep it from
deteriorating, with the exception of wear and tear and aging
consistent with normal use. The Landlord shall maintain the
restrooms and shall provide necessary paper products for the
restrooms. A trash dumpster shall be provided and paid for by the
Landlord. Operator agrees to clear all floor and sink drains.
3
12. Utilities. Operator shall, at its own expense, provide
telephone service to the Premises. Landlord shall pay all
reasonable charges for water, gas, heat and electric services
provided to the Premises.
13. Personal Propertv. All personal property and trade
fixtures placed on the Premises shall be at Operator's sole risk
and Landlord shall not be liable for damage to or less of such
personal property or trade fixtures of Operator or anyone claiming
under Operator, which remain on the Premises after the date upon
which the Premises shall be surrendered shall be deemed to have
been abandoned and may be retained by Landlord as its property or
disposed of by Landlord in such manner as Landlord sees fit.
14. Taxes. In the event taxes are levied and assessed upon
the Premises or upon the improvements, fixtures or personal
property of the Operator during the term of Operator's occupancy of
the Premises, or arising therefrom, or upon the leasehold or
possessory intere.sts as created through this lease, Operator shall
be solely responsible to satisfy and pay all such taxes in a timely
fashion. Operator shall not allow any liens for taxes or
assessments to exist with respect tot he Premises, except that
Operator may permit such taxes or assessments to remain unpaid
while pursuing any good faith contest or appear of same.
15. Indemnification. Operator agrees to indemnify and hold
harmless the Landlord, the City and County, their officers, and
employees, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation
claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other similar loss,
which arise out of or are in any manner connected with this
agreement, if such injury, loss, or damage is caused in whole or in
party by, or is claimed to be caused in whole or in part by, the
omission, error, or negligence of the Operator, any subcontractor
of the Operator, or any officer, employee, representative, or agent
of the Operator or of any subcontractor of the Operator, or which
arises out of any workmen's compensation claim of any employee of
the Operator or of any employee of any subcontractor of the
Operator.
16. Public Liabilitv Insurance. Operator agrees to furnish
Landlord with certificate(s) of insurance as proof that it has
secured and paid for a policy of public liability insurance
covering all public risks related to the leasing, use, occupancy,
maintenance, operation or location of the Premises. The insurance
shall be procured from a company authorized to do business in the
State of Colorado and be satisfactory to Landlord. The amount of
this insurance shall be $
17. Premises Insurance. During the term of this lease,
Landlord shall maintain premises insurance, however, Operator shall
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not be entitled to any proceeds of such insurance policy in the
event of damage or destruction to the Premises or Operator's
personal property.
18. Termination Due to Fire or Similar Catastrophe. If,
absent negligence of fault on the part of Operator, the Premises
shall be damaged by fire or other catastrophe so as to render said
premises wholly untenantable, and if such damage is so great that
a competent licensed architect in good standing in Pitkin County,
Colorado, as selected by the Landlord within fourteen (14) days
from the date of loss, shall certify in writing to the Landlord and
Operator that the Premises, with reasonable diligence, cannot be
made fit for occupancy within ninety (90) days from the happening
of the occurrence of the damage, then this Agreement may terminate
and Landlord may re-enter and take possession. Such a termination
of the Agreement shall not forgive Operator's obligations to return
the Premises to Landlord in as good repair as when Operator
originally assumed possession thereof, regular and ordinary wear
and tear excepting. If, however, the damage is not such as to
prevent reoccupation and use of the Premises within ninety (90)
days, then repairs thereto shall be undertaken by Landlord with
proceeds from the insurance policy to restore the Premises to its
former condition and the Agreement shall remain in effect.
Operator's duties and obligations to provide services to the
Landlord as herein set forth shall be suspended during those time
periods wherein the Premises are unfit for normal business
activities due to fire or other catastrophe, and/or repair
activities associated therewith.
19. Landlord to be Named as Co-Insured or Additional Insured.
Operator shall name Landlord as co-insured or additional insured on
all insurance policies and such policies shall include a provision
that written notice of any non-renewal, cancellation or material
change in a policy by the insurer shall be delivered to Landlord
thirty (30) days in advance of the effective date.
20. Repairs and Alterations bv Operator. Operator, upon
Landlord's written consent, and if necessary under the terms of the
Landlord's lease with the City and County, the City and County's
written consent, may, at its own expense, make reasonable and
necessary alterations or improvements to the Premises. All
alterations, additions and improvements shall be performed in a
workmanlike manner, in accordance with all applicable building and
safety codes, and shall not weaken or impair the structural
strength or lessen the value of the Premises. All alterations,
additions and improvements made in or to the Premises shall be the
property of Landlord and remain and be surrendered with the
Premises upon termination of this lease. Operator agrees that
prior to any construction or installation of alterations, additions
or improvements, Operator shall post on the Premises in a
conspicuous place a notice of non-liability for mechanic'S lien as
specified in C.R.S. Section 38-22-105, on behalf of Landlord and
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shall notify Landlord of such posting and the exact location of
same. Perfection of a mechanic's lien against the Premises as a
result of Operator's acts or omissions may be treated by Landlord
as a material breach of this lease.
21. ReDairs and Alterations bv Landlord. Landlord reserves
the right, from time to time, at its own expense and by its
officials, employees and contractors, to make such alterations,
renovations or repairs in and about the Premises, other than those
noted above as required by Operator, as Landlord deems necessary or
desirable and Operator covenants to make no claim against Landlord
for any interference with its interest as herein provided in the
premises. Landlord shall provide reasonable notice to Operator in
advance of any intent to undertake alterations or repairs as
authorized in this paragraph and all work shall be performed at
such times as mutually agreed to between the parties so as to
eliminate or minimize any disruption of Operator's business.
22. Condemnation. If during the term of this Agreement, or
any renewal of it, the whole or part of the Premises, or such
portion as will make the Premises unusable for the purpose leased,
or the leasehold interest, be condemned by public authority,
including City, for public use, then this Agreement shall cease as
of the date of the vesting of title in the Premises in such
condemning authority, or when possession is given to such
authority, whichever event occurs first. Operator shall not be
entitled to nay part of any condemnation award for the value of the
unexpired term of this Agreement or for any other estate or
interest in the premises, such amount belonging entirely to
Landlord.
23. Assianment of Aareement. Operator shall not assign,
pledge, sublease or otherwise dispose of or encumber this lease, or
the leased Premises, without the prior written consent of the
Landlord.
24. Sians and Advertising. Operator shall be entitled to
erect a sign in accordance with the City sign code. The Operator
shall not be allowed to advertise as a stand-alone retail food
establishment; however, the operation may be promoted through Aspen
Youth Center mailings and it may be advertised as the food provider
in conjunction with any Aspen Youth Center advertisements or
program announcements.
25. Breach bv ODerator Defined. If Operator shall fail to
timely comply with any of the terms or conditions of this Agreement
or any notice given under it, or shall cause a violation of the
terms of the Lease between the Aspen Youth Center and the City and
County, or shall become insolvent, or shall have or attempt to make
an assignment for the benefit of creditors, or if any of its
property be attached and such attachment is not promptly released,
or if an execution of issued against it, or if a petition be filed
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by or against it, to have it adjudicated a bankrupt, or if a
trustee or receiver shall be created or appointed to take charge of
its assets, or if it shall abandon the premises for a period of
more than seventy-two (72) hours, then at any time afterwards
Landlord may treat such act or omission as a breach of this
Agreement and, at its option, enter into the Premises and remove
all persons and take and retain possession thereof either with or
without process of law.
26. Landlord's Remedv for Breach. Any breaCh, default or
failure by Operator to perform any of the duties or obligations
assumed by Operator under this Agreement, including, but not
limited to, prompt payment of rent when due, shall be cause for
termination of the Agreement by Landlord in the manner set forth in
this paragraph. Landlord shall deliver to Operator five (5) days
prior written notice of its intention to terminate this Agreement,
including in the notice a reasonable description of the breach,
default or failure. If within that five (5) days Operator shall
fail or refuse to cure, adjust or correct the breach, default or
failure to the reasonable satisfaction of Landlord, then Landlord
shall have the right to declare this Agreement terminated and all
rights, powers and privileges of Operator as provided through the
Agreement shall cease, and Operator shall immediately vacate the
entire Premises and shall make no claim of any kind against
Landlord by reason of the termination. The five days' prior
written notice shall be conclusively determined to have been
delivered to Operator by the posting of same upon the main business
entrance to the Premises, or at the time it is deposited in the
U.S. Mail, certified, postage prepaid, addressed to the address set
forth in paragraph 31 herein.
27. Non-Waiver of Riqhts. Any failure by Landlord to so
terminate this Agreement as herein provided after the breach,
default or failure by Operator to adhere to the terms of the
Agreement shall not be deemed or construed to be a waiver or
continuing waiver by Landlord of any rights to terminate the
Agreement for any present or subsequent breach, default or failure.
28. Termination bv Operator. Operator may terminate this
Agreement and be relieved of all obligations hereunder by providing
Landlord thirty (30) days written notice of its intent to
terminate. Operator shall provide a full accounting of all funds,
costs and equipment upon termination. Landlord may apply the rent
and damage deposit required by paragraph 6 herein for any unpaid
rent that is due and owing or for any damages to the Premises,
fixtures or Landlord owned equipment.
29. Non-Discrimination. Operator agrees to comply with all
laws, ordinances, rules and regulations that may pertain or apply
to the Premises and its use. In performing under the Agreement,
Operator shall not discriminate against any worker, employee or job
applicant, or any member of the public, because of race, color,
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creed, religion, ancestry, national origin, sex, age, marital
status, physical handicap, affectional or sexual orientation,
family responsibility or political affiliation, nor otherwise
commit an unfair employment practice.
30. Independent Contractor Status. It is expressly
acknowledged and understood by the parties that nothing contained
in this agreement shall result in, or be construed as establishing
an employment relationship. To the extent that this Agreement may
be construed as requiring Operator to provide services to or on
behalf of Landlord, Operator shall be, and shall perform as, an
independent contractor who agrees to use his or her best efforts to
provide the said services on behalf of the Landlord. No agent,
employee, or servant of Operator shall be, or shall be deemed to
be, the employee, agent or servant of the Landlord. Landlord is
interested only int eh results obtained under this Agreement. The
manner and means of conducting the work are under the sole control
of Operator. None of the benefits provided by Landlord to its
employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from Landlord
to the employees, agents or servants of Operator. Operator shall
be solely and entirely responsible for its acts and for the acts of
Operator's agents, employees, servants and subcontractors during
the performance of this Agreement. Operator shall indemnify
Landlord against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state
and local taxes or contributions imposed or required under
unemployment insurance, social security and income tax law, with
respect to Operator and/or Operator's employees engaged in the
performance of the services agreed to herein.
31. Notice. Whenever this Agreement calls for or provides
for notice and notice is not otherwise specified, the same shall be
provided in writing and shall be served on the person(s) as
designated by the parties below, either in person or by certified
mail, postage prepaid and return receipt requested:
Landlord:
Aspen Youth Center
P.O. Box 8266
Aspen, Colorado 81612
Operator:
The parties may change or add such designated person(s) or
addresses as may be necessary from time to time in writing.
32. Compliance with Applicable Laws. Operator shall comply
with all applicable federal, state and local laws and regulations
governing the operation of the Premises as a snack bar concession
stand.
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33. Licenses and Permits. Operator shall obtain and pay for
all permits and licenses that mazy be required for the operation of
the diner and kitchen.
34. Bindinq Effect.
contained in this Agreement
binding upon the successors
All of the terms and conditions
shall inure to the benefit of and
and assigns of the parties.
as
be
35. Controllinq Law. This Agreement shall be enforced and
interpreted in accordance with the laws of the State of Colorado.
Any action brought to enforce or interpret this Agreement shall be
brought in the District Court in and for Pitkin County, Colorado.
In the event of litigation between the parties concerning this
Agreement or matters arising therefrom, the prevailing party shall
be awarded its costs and reasonable attorneys' fees.
36. Entire Aqreement. This instrument constitutes the entire
agreement by the parties concerning the Premises and shall supplant
and supersede any previous agreements between the parties pertinent
to the Premises. Any prior to contemporaneous oral or written
agreement that purports to vary from the terms as set forth herein
shall be void and of no effect.
37. Amendments. Except as otherwise provided herein, this
agreement and all of its terms and conditions may not be amended or
modified absent a written agreement duly executed by the parties.
WHEREFORE ,
representatives,
forth herein.
the parties through their duly authorized
have executed this lease upon the dates as set
LANDLORD:
ASPEN YOUTH CENTER
By:
President
Attest:
Secretary
OPERATOR:
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Exhibit "A"
Equipment List
1 C'\WP51\AYC\LEASE
10
EXHIBIT C
~ 5-219
ASPEN CODE
E. Off-street parking requirement The following off-street parking spaces shall be pro-
vided for each use in the Park (P) zone district subject to the provisions of Article 5, Division 3.
1. Lodge use: 1 spaceJbedroom
2. Residential use: N/A
3. All other uses: Requires special review pursuant to Article 7. Division 4.
See. 5-220. Public (PUB).
.
, A. Purpose. The purpose of the Public (PUB) ione district is to provide for the develop-
ment of governmental and quasi-governmental facilities for cultural, educational, civic and
other governmental purposes.
...Jf B. Permitted uses. The following uses are permitted as of right in the .Public (PUB) zone
district_
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops); .
6. Performing art center;
7. Public transportation stop;
8. Terminal building, and transportation related facilities;
9. Public surface and underground parking areas;
1.0. Community recreation facility;
11_ Fire station;
12. Public school;
13. Public park; and
14. Accessory buildings and uses.
~ C. Conditional uses. The following uses are permitted as conditional Uses in the Public
(PUB) zone district, subject to the standards and procedures established in Article 7, Division
3.
1. Maintenance shop;
2. Affordable housing; and
3. Satellite dish antennae.
4 .lrbo~ ~ct )~a-'}'- tOJr-~7'
D. Dimensional requirements. The dimensional requirements which shall apply to all
permitted conditional uses in the Public (PUB) zone district shal! be set by the adoption of a
Supp. No. 1
1652.10
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LAND USE REGULATIONS
S 5-220.2
conceptual development plan and final development plan, pursuant to Article 7, Division 9,
Planned Unit Development.
E. Off-street parking requirement.. The following off-street parking spaces shall be pro-
vided for each use in the Public (PUB) zone district, subject to the provisions of Article 5,
Division 3.
l~ Lodge uses: N/A
2. Residential uses: Requires special review pursuant to Article 7, Division 4.
3. All other uses: Requires special review pursuant to Article 7, Division 4.
(Ord. No. 6-1989, S 4)
Sec. 5-220.1. Open Space (OS).
A. Purpose. The purpose of the Open Space (OS) zone district is to preserve, protect and
enhance lesser developed or undeveloped areas within the city containing unique naturally
ocC'.!rring or miImiade landscape features which provide visual relief and enjoyment while
reflecting or presenting community artistic or architectural statements. Development in the
Open Space (OS) zone district should emphasize and be consistent with the natural dynamic
state of the land and minimize disruption of existing natural conditions.
B. Pennitted uses. The following uses are permitted as of right in the Open Space (OS)
zone district.
Paved and unpaved walkways;
Benches;
Sculpture;
Water features such as ponds, streams or fountains;
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Architectural lighting and downcast low-illumination lighting for walkways and trails;
Sculptured or manicured landscape featur)!s;
Fencing.
C. Conditional uses. None.
(Ord. No. 13-1991, S 1)
. .
Sec. 5.220.2. Wildlife Preservation (WP).
A. Purpose. The purpose of the Wildlife Preservation (WP) zone district is to secure and
protect undeveloped or less developed areas within the city from traditional development
activities so as to provide for the nurturing-and preservation of naturally occurring vegetation,
topography, wildlife and wildlife habitat while permitting controlled and limited human use
and activities.
Supp_ No.2
1652.11
EXHIBIT A
ASPEN YOUTH CENTER
REQUEST FOR S.P.A.
AMENDMENT
JULY 13,1994
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CONTACT:
PERRY HARVEY
. 514 E. HYMAN AVE.
ASPEN, CO, 81611
(303) 925-7000
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I. INTRODUCTION
In accordance with Article 7-804 (E), Amendment to Final Development Plan, the
Board of Directors of the Aspen Youth Center is submitting this request for an
amendment to the SPA approvals granted by Ordinance 27, series of 1990. In
connection with the successful granting of the Amendment, the Board is
requesting an amendment to the ground lease entered into on January 24, 1992
between the City of Aspen, the Board of County Commissioners and the Youth
Center.
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The request is for a change in use to expand the uses of the physical building
housing the Youth Center. The building is an underutilized community asset.
Currently, the use is "exclusively for the purpose of establishing and thereafter
maintaining a meeting place for the youth of Aspen and surrounding areas."
The Youth Center Board would like to change the approval language to allow for
the use of the facility by other community groups when it is not in use by the
youth of the Roaring Fork Valley. While the emphasis is, and will remain, on the
youth of the Valley, the physical facility remains underutilized and should be
made available to other groups (Colorado Mountain College and City of Aspen
Recreation Department, for example). The formal requests are delineated
herein.
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II. BACKGROUND
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In 1988, an Advisory Board was created to pursue the creation of a center for
Aspen youth to hold events and to meet with other valley youth and visitors to
the Aspen area. The result of the Advisory Board's efforts was a rezoning of the.
site of the existing Youth Center building from Public to Public with an SPA
overlay. In 1990 full SPA approval of the project and GMQS Exemption for
Essential Public Services were granted. Construction was completed in October
1991 and the Youth Center opened to serve the youth community of Aspen.
The physical improvements consist of an upper level space which is open and
is used for dances and large gatherings. The middle floor has offices, a
television room, and a game room_ The lower level, on grade with the Rio
Grande playing field, consists of restaurant seating and a full kitchen.
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III. CURRENT STATUS
The Youth Center is now almost three years old. The current Board has had the
. opportunity to analyze the utilization of the facility, the financial strength and the
annual income and expense needs.
The Youth Center building is a great community asset. It is centrally located, is
adjacent to a large amount of open space, an extensive trail system and both
parking and public transportation. The youth that the facility serves have active
and committed schedules. During the school year, little or no activity takes
place at the Center before 3 or 4 p.m. In the late afternoons and evenings
during much of the week, there is also availability of the facility. The Summer
sees more usage, but many of the activities organized for youth take place away
from the Center. The Center is used for staging and meeting for outside events..
Since the Center opened, there have been fundamental changes in Aspen. The
Community Center-on the site of the old hospital has been razed to make way
for housing. The tWo school buildings in the West End have been undergoing
renovation while future uses have been debated at length. Colorado Mountain
College (CMC) programming has expanded greatly, requiring a constant search
for new venues for programs for youth and adults alike. These changed
circumstances, among others, have created a demand for space for many
programs from painting classes to aerobics. .
Because of the extremely narrow uses allowed for the building, the Center sits
empty much of the time. This is both wasting an important community asset and
causing undue financial strain on the Center and those who are responsible for
the facility.
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IV. REQUESTS
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The request herein is to allow for a tiered use of the Youth Center facility for
community recreational, educational and social events. The first priority is, and
shall remain, programming for and use by the youth of the Aspen community.
When the facility is not in use for programs organized by the Center and the
Youth Board, it can be available for programs by other entities, such as the City
Recreation Department or CMC. The Youth Center wants the latitude and
freedom to allow for a wide range of community-oriented uses to maximize use
of the facility and to generate revenue from these uses to defray operating and
maintenanc:e costs inherent in the facility.
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The Youth Center Board currently raises funds throughout the year to maintain
the facility and expand the youth programming. For certain programs we charge
a minimum fee to cover transportation or other specific costs. By using the
facility more fully we can create some funds to cover some building and
operating costs. This will allow us to use a larger portion of our fund raising
proceeds to create additional youth programming. .
The Youth Center is zoned Public (PUB) with a SPA overlay. The purpose of
PUB is "to provide for the development of governmental and quasi-governmental
facilities for cultural, educational, civic and other governmental pUrposes."
Among the permitted uses is "community recreational facility." Thus, allowing
for additional use of the facility when it is not used for youth progrpms is entirely
within the purpose and permitted uses of the Public Zone District.
Pursuant to Section 8-104 C.(b), the City exempted the Youth Center from
GMQS as an essential public facility. This exemption was granted because the
Youth Center "provides facilities in response to the demands for growth, is not
itself a growth generator, is available for use by the general public, and serves
the needs of the City."
Allowing for a broader use of the facility by the general public will fill the void
created by the removal of the Community Center and is in response to the
demands for added venues from groups such as the City Recreation Department
and CMC. The requests herein shall not create any additional impacts in the
following areas: employee generation, impacts on City services, the demand for
parking, road and transit services, or on the need for basic services such as
water, sewage treatment, drainage control, fire and police protection and solid
waste disposal. The facility has been approved and it has been found that the
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impacts are negligible. This request is not for any expansion of the facility. It
is merely a request to use the building lothe degree that was assumed and
anticipated at the time. of the granting of the original approval.
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Additionally, this request is in keeping with the original intent of the Rio Grande
SPA which is for community recreation facilities and for public and quasi-public
uses on the site. Because the facility has a great deal of vacant time when
operating costs continue, allowing use of the building will serve a community
need and provide a minimal but much-needed supplement to the ongoing
struggle to raise operating funds.
Granting the requested changes will result in no change in the uses in the
building but merely an expansion of the range of users. The top floor dance and
meeting area will be available for dance classes, art classes, group events and
other such meetings. The middle floor of the Center will remain essentially the
same. The kitchen will be leased to an operator conditioned upon use
restrictions and requirements of the YOllth Center. The eating and serving area
will be used in the summer months of June through September as an accessory
use to the Rio Grande playing fields. Also, the kitchen will provide box lunches
for outings such as raft trips, hikes and bike trips being run by the Youth Center.
Youth of the area will be employed to prepare and serve food, gaining job
experience. Food and beverages will be available to participants and spectators
at the various sporting events held on the Rio Grande playing. fields. .The food
service will not be advertised to the general public and will be operated in a
fashion not unlike the Dugout at the City playing fields and Moore pool.
. During the remaining months of the year, the dining area will not be available for
use on a regular basis and will not be open to the public for sit down dining.
Rather it will be used for cooking classes, as an accessory to the youth using
the Center, or for private functions in connection with the use of the facility itself,
such as the end of the season hockey banquets.
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v. FORMAL REQUESTS
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Formal request is made for:
1. Approval to allow for a tiered use of the Center facility to make the
building available when not used for youth programs offered in the
community which are open to the general public. Rental rates shall be
set to cover operating, administrative, maintenance and repair
requirements.
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2. A finding that the lease agreement shall be amended where necessary
to reflect the additional uses, including the right to sublet to other groups
or organizations for specific times.
3. A clarification of the restaurant and kitchen use to allow for Summer use
as an accessory use to Rio Grande playing fields and for use the rest of
the year not as a public restaurant but in connection with'classes, private
events and the youth using the Center.
Upon granHng of this request, the Board will cooperate with the Planning
Department to prepare an SPA Agreement outlining the uses and intents of the
Youth Center. Further" an amendment to the lease will be prepared for
execution by the parties involved.
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MEMORANDUM
Vile 0
TO: Mayor and Council
FROM:
Bill Efting, Acting city Manager
stan Claus~rector Community
Leslie Lamont, Deputy Director
Development
THRU:
THRU:
DATE:
March 13, 1995
RE:
Amendment Specially Planned Area Final Development Plan -
Aspen Youth Center - Second Reading Ordinance 3, series
1995
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SUMMARY: The Aspen Youth Center Board (the Board) requests to
amend the final specially Planned Area (SPA) development plan that
was approved for the development of the Youth Center (Center). The
Board believes there is a need to expand the permitted uses in the
building beyond only youth oriented activities providing a building
for community oriented activities, and to activate the kitchen on
a year-round basis.
Please see attached application, exhibit A.
The Planning and Zoning Commission recommends to council approval
of the amendment to the Youth Center SPA final development plan.
Please see attached Resolution 94-35, exhibit B.
Note - between first and second reading, the applicants have
requested a revision to the Ordinance. One of the conditions of
approval (#3) outlines the operation of the on-site kitchen.
Language in the condition prevented advertising of the food
establishment as a restaurant other than on-site signage.
The applicants, having discussed the issue with potential leasees,
believe that the prohibition on advertising reduces the Center's
opportunity to find a viable tenant for the kitchen.
The primary goal of continued operation of the kitchen is for
vocational purposes. However, staff has always expressed concern
that a restaurant on this site must be an accessory use to the
Youth Center and to the activities on the Rio Grande park. In an
attempt to control the growth of a restaurant, the P&Z and staff
initially suggested the language prohibiting advertising.
After further discussion with the applicants and City Attorney,
staff recommends removal of the language preventing advertising and
rely instead upon the condition of approval that requires the city
to approve a lease between the Youth Center and the operator of the
kitchen. It is through that review process that the city can be
assured that the use of the kitchen is consistent with the approved
amendment.
PREVZOUS COUNCZL ACTZON: The City Council approved the final SPA
plan for the development of the Youth Center in 1990.
Council also approved the Rio Grande Master Plan in 1993 . Although
the Youth Center was already developed, the Plan recognizes the
Center as an important component of the master planning of the Rio
Grande parcel.
The Council has consented to the submittal of this application.
The County has consented to the expansion of uses in the Center
provided the activities are of a public nature such as may be
sponsored by organizations established under section 501(c)3 of the
Internal Revenue Code.
BACKGROUND: The Youth Center received conceptual and final SPA
approval in 1990 for the development of a center for youth oriented
activities on the Rio Grande property. The Rio Grande property is
zoned Public with a SPA overlay which requires a four step review
process of the development proposal. The property that the Youth
Center occupies is owned by the both the City and the County. The
City and County are in the process of finalizing a land exchange,
with a result that the Center will occupy only City property.
In 1990, the proponents of the Youth Center presented a development
proposal for a building that would serve as a focal point of
acti vi ties for resident and visiting youth of the community.
During the review, suggestions were made by staff, Commission
members, and Council members to enlarge the scope of activities
offered in the center. The applicants consistently responded that
the building was intended only for the youth and their activities
and to permit other uses would compromise their goals for the
center.
Final approval of the Center also included a full restaurant-style
kitchen with approximately 6 tables, waiver of housing mitigation,
GMQS exemption for an essential public facility, and a subsequent
lease with the City and County to occupy the land.
The Center has been open for approximately 3 years. within that
time the Board has experimented with a variety of uses and not all
the activities have been youth oriented. However, due to the
representations made by the applicants during the initial review
process, it has been the City'S policy to discourage uses in the
building on a long term basis unless it is a program for Youth.
CURRENT ZSSUES:
A. staff Comments: Pursuant to section 24-7-804 E.2.
modifications to the final development plan shall be approved
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pursuant to the terms and procedures of the final development plan,
provided that the proposed change is consistent with or an
enhancement of the approved final development plan. If the
proposed change is not consistent with the approved final
development plan, the amendment shall be sUbject to both conceptual
and final development plan review and approval.
staff finds that the proposed amendment is consistent with the
approved final development plan. However, due to the
representations made during the 1990 SPA review, the proposed
amendments are not insubstantial in nature and require a full
review by the Commission and Council.
B. Amendment: The Board now requests to amend the SPA approval
and the lease with the city to permit a more broad range of
activities in the building. The Center has functioned well in the
summer for the youth, but most activities take place away from the
Center and the Center functions primarily as a staging and meeting
place for outside events. The rest of the year the Center is used
very little;
This summer the kitchen was in full operation, which is the first
real use of the kitchen since the Center was opened. The
conditions for this summer's operations were to maintain the same
hours as the Center, close at the end of September, and employ
youth. The kitchen, operating as a restaurant, also served as an
accessory use to the activities on the Rio Grande playing field
much like the Dugout at Iselin Park.
In their request, the applicants propose a tiered use of the Center
for community recreational, educational and social events. As the
application states, "the first priority is, and will remain,
programming for and use by the youth of the Aspen community."
When the Center is not being used or has been programmed for youth
activities the Board would like to open up the use of the building
for other entities and programs. The Board would like to allow
for a wide range of community oriented programs and have the
ability to generate revenue from these uses to defray operating and
maintenance costs associated with the facility. In addition, the
new information that was provided by the applicant states that the
Center will be used for non-profit activities unless it is an event
sponsored by the Center and is int.ended to raise funds for the
Center.
The applicants propose to lease the kitchen as an accessory use to
the Youth Center. The primary propose of the kitchen will be as
a vocational/learning lab, in connection with the school district,
and employee local youth. The kitchen will be available for:
cooking classes, accessory use to other activities using the
Center, staging area for Aspen School District classes, or private
functions. The operator of the kitchen/diner may provide box
3
lunches for outings that are organized by the Youth Center and
serve walk-ins. Staff is recommending that the lease used by the
Youth Center reflect the lease language that is used by the city
for the Iselin Park concessionaire stand.
C. staff Response - The property is zoned public. Please see the
permitted and conditional uses in the public zone, exhibit C. The
proposed activities in the Center, that are more "community center"
oriented, are consistent with the intent of the public zone
district. It is imperative that recreation classes, for example,
have a fee structure similar, if not equal, to those that are
offered by the City Recreation Department and/or CMC. Due to the
competitive nature established by the Growth Management System and
the exactions that are paid by for profit entities, activities that
are also offered by private athletic clubs cannot use the Center
with similar or slightly lower fees than the private clubs.
Of note are the referral comments from the ~ecreation Department
(exhibit DJ. The Recreation Department would be able to
orchestrate some activities out of the Center, but since most of
the City sponsored recreation programs are already subsidized
paying rent would pose a burden. Because the City and County lease
the publically owned property to the Center for a nominal amount,
staff would recommend that the City and County should not have to
pay to use the building.
The Planning and Zoning Commission struggled with the use of the
kitchen. A restaurant is not a permitted or conditional use in
the Public zone district. However, accessory uses are allowed and
if the kitchen operated as an accessory use to the activities of
the Center the Commission and staff believe a level of consistent
use of the kitchen/diner would be appropriate. In addition the
diner could be an amenity to park users similar to the concession
stand at Iselin Park. Therefore, staff is suggesting that the
lease between the Center and the food operator model the lease used
at Iselin Park.
The Board believes that a benefit to the Center and the schools is
derived by using the kitchen as a learning lab. The schools would
be able to offer food classes and local students could be hired to
work the diner thus learning important entrepreneurial skills.
This was the original intent for including a diner in the building.
RECOMMENDATION: The Planning and Zoning commission recommend
approval of the amendment to the Youth Center final SPA approval
with the following conditions:
1. All activities shall be either of a public nature, or sponsored
by the Youth Center to generate funds for the Center.
2. The city and County shall not be required to pay rent for the
use of the building.
4
3. The kitchen will operate as an accessory use to the Youth
Center as a year-round learning center for vocational courses for
students of the school district. The lease for the operator of the
kitchen/diner shall be written to the extent possible to emulate
the lease used by the City at Iselin Park and will be reviewed by
the city Attorney. Aspects of the lease shall include rent payable
to the Aspen Youth center, employment or internships for youth
during the school year, provision of food for Aspen Youth Center
youth programs at cost, establishment of a reasonable price
structure for affordability by youth and families, provision of a
percentage of revenues to the Aspen Youth Center if any special
events are catered either in the Center or outside the Center,
operation of the kitchen should be an educational extension of the
schools to the greatest extent possible. , aHa HO ad7crtiaiR~ as
a retail feed cata51iahmcHt ether than en site aiq~aqc eenaistcnt
with the City aiqn eeac~
4. The city Attorney's office 'flla:j" shall ha7cthc ri'Jht to review
any leases or uses of the Center by other users.
5. The fee structure to use the Center shall be similar to the
city Recreation Department fees and Colorado Mountain College fees.
6. These conditions of approval and the amendment to the SPA
approval shall be reflected in an amended lease between the
city/County and the Youth Center.
7. All material representations made by the applicant during the
public hearings with the Planning and Zoning commission and city
Council and in the application shall be adhered to and considered
conditions of approval unless otherwise amended by specific
conditions of approval.
8. An annual review of this amended programming shall be conducted
with the Planning and Zoning commission at staff or Commissioner's
request until such time as the Planning and Zoning Commission, in
its sole discretion, by resolution, terminates this condition.
RECOMMENDED MOTION: "I move to adopt amended Ordinance 3, Series
of 1995 on second reading amending the final SPA development plan
for the Aspen Youth Center."
MANAGER'S COMMENTS:
Ordinance 3, Series of 1995
EXHIBITS
A. Applicantis Request & New Information dated October 26, 1994
B. Planning and Zoning commission Resolution 94-35
C. Permitted & Conditional Uses Public Zone
D. Referral comments
5
ASPEN YOUTH <::ENTER. USE HE SCHfDULE
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MASON & MORSE
REAL E'STATE
~~
October 26, 1994
Ms. Leslie Lamont
. Commlmity Development Dept.
CITY.OF ASPEN .
t 30 S. Galena Street.
Aspen, CO 8161 1
. Dear Leslie: ....
". Thank you for taking the time to meet With me regarcHmHhe reqtiestfora SPA ;
.'. Amendmeht for the Youth Center, When the Plamilng and Zoning Commission tabled the ."
application, there were two issues of concerh,The first Was the potential use of tile Youth.
Center building fot commercial arid for profit ever\tSwhlchwere unrelated to theYouth. .
Cehter. PlannIng & Zoning wants clearer criteria for use of the Center. The second Issue .
Involved the fo.od service in the diner donated and initially operated by Boogies. .
. <','
" '".'.
. '. . '"'.
. . .
. .
. .
. Havlngheatd theseconcems, the Youth Cent~rBoard proposes the following solutkins. ... .,
Regarding use of the facility we will Irtcorporatelartgtiage into thel.ease for the land with the
. . City which will ensure that ho for profit or commercial use, shaiI be allowed other than uses ....
sponsored by the A YCand Intended to raise fUnds for the Center. Thlls, ti1e Use offue'
. . Center wiii be for organIzed youth events. Then, free tIme will be schedUled for classes' and
events Which are open to the general pUblic and for events which ate designed as fund
raIsing efforts for the Youth Center. .
Vi e propose to Use the diner,as an accessory use to the Youth Center during the year with .
uSe as an accessory use to the Rio Gtande Park In the months of May through September. .
The conditions for the restaurant lIse will include: .
. An operator will run the kitchen and diner paying rent tothe A YC.
. Youth will be employed or provided Internships during the school year.
. . Food for A YC yolith programS will be provided at cost.
.. . The diner will have a reasonable price structlite to ensUre affordablllty by youth and
~ I'" . . I .
lam lies. ", . ..' .
. . Any special eventS catered by thedirier operatorWillpmvlde a percentage of
. revenUes to. the A YC as a direct funding mechanism for the center. Thus, a
percentage of profits will be returned to the A YC .
514 EAST HYMAN AVENUE ASPEN, COLORADO 816 t i (303)915-7000. FACSIMILE. (3.03) 925-7027 \'\ "
Letter To Ms. Lamoht
October 26, 1994
. Page two
", .
.
The operator Is offering a. cooklhg and restaurant .l11anagemet\t. class through the
Aspen School District. Attached is a letter of support. from tom. Farrell,
. ,-', ., " "", ,-,', , ..,' ','.. ..
Supenntendent of the SchOol District; ahd a. proposed oUtline of the class. . Item VI
Involves the real worid experience of serving food, greeting custohiers and seivlce... ...,
The lease between the A YCaridthe operator will be sUbstantially hi the fomi of that
used at Iselin Park, except for rental rates and restrictions on months of use, and Wilt
be revieWed and approved by the city of Aspen Attorney. .
.
. .." .
'.. . ..
.... .. ..
. .
. ~.
The Youth Center Boardfeels this Use program will make the kitchen and diner a true
community asset The bei1:efitS to the youth of the valley will be many/Including the level
. of activity generated at the Cehter, the opportunity fof employment, the opportunity for .
real life resort tralhlng In the food service tndUstry and the real economic potential fot the
. Center. The success of this asset as an accessory use to the A YC to the park will create
. pride, In theyolithand in the entire community.' . ., . .
. .
.\ hope this . letter answers your concerns and those of the. Commissioners' and will allow liS
toniove fonvardlnto a new and exciting era for the ASpen Youth Center. .
. Sincerely; .
?U1 /J Y /!:/c:vto~
Perry A. Harvey . .. /.
. BrokerAssoclate .. . . .
MASoN 81: MoRsE REAL ESTATE
PAH:kng
\~
~
ASPEN
School District
-.
October 17, 1994
To Whom it May Concern:
The Aspen School District enthusiastically endorses the request for
a restaurant at. the. Aspen Youth Center. We have discussed the
opportunity of involving some of our students in a mentoring
program at this facility. We see this as a wonderful opportunity
to add to our current curricula and to meet the needs of more
students.
Sincerely;
.7.-1.-0- 11:ud-<A/
Tom Farrell
Superintendent
/vd
0235 High School Road . Aspen. Colorado 81611
303/925-3460 . Fax 303/925-5721
\0.... _
. - ,
EX-HIB1JJ 0
MEMORANDUM
:"..-,
To:
Leslie Lamont, Planning Dept.
'21
From:
Tim Anderson, Recreation Dept.
Date: July 26, 1994
Re: Youth Center SPA
The only question that comes to mind with this is the concession idea to Rio Grande. In order
to make the cafe a concession stand to Rio Grande does the city and more specifically the
Recreation Dept. have to be involved in this or can the youth center open a concession stand to
serve Rio Grande park?
The youth center makes mention of the youth center becoming a community asset for all user
groups with some sort of rental rates. This probably does not matter to you, but we would not
utilize the youth center if we had to pay for the facility since most of our programs are
subsidized and there are no monies to pay for facility rental. Take this for what you think it will
be worth.
Other than these two thoughts I think it would be great to expand that facility to allow the rest
of the community to utilize it.
t.-'7,
ffoJ
~
r'I
MEMORANDUM
TO:
Mayor and Council ^~\I~
Amy Margerum, city Manage~
stan Clauson, Director community Development
THRU:
THRU:
FROM:
Leslie Lamont, Deputy Director
DATE:
January 23, 1995
RE:
Amendment Specially Planned Area Final Development Plan -
Aspen Youth Center - First Reading Ordinance 3, Series
1995
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Aspen Youth Center Board (the Board) requests to
amend the final Specially Planned Area (SPA) development plan that
was approved for the development of the Youth Center (Center). The
Board believes there is a need to expand the permitted uses in the
building beyond only youth oriented activities providing a building
for community oriented activities, and to activate the kitchen on
a year-round basis.
Please see attached application, exhibit A.
The Planning and Zoning commission recommend to Council approval
of the amendment to the Youth Center SPA final development plan.
Please see attached Resolution 94-~ exhibit B.
PREVIOUS COUNCIL ACTION: The City Council approved the final SPA
plan for the development of the Youth Center in 1990.
Council also approved the Rio Grande Master Plan in 1993. Although
the Youth Center was already developed, the Plan recognizes the
Center as an important component of the master planning of the Rio
Grande parcel.
The Council has consented to the submittal of this application.
The County has consented to the expansion of uses in the Center
provided the activities are of a public nature such as sponsored
by organizations established under section 501(c)3 of the Internal
Revenue Code..
BACKGROUND: The Youth Center received conceptual and final SPA
approval in 1990 for the development of a center for youth oriented
activities on the Rio Grande property. The Rio Grande property is
zoned Public with a SPA overlay which requires a four step review
process of the development proposal. The property that the Youth
Center occupies is owned by the both the City and the county. The
City and county are in the process of finalizing a land exchange
with a result that the Center will occupy only city property.
,r-,
.~
In 1990, the proponents of the Youth Center presented a development
proposal for a building that would serve as a focal point of
activities for resident and visiting youth of the community.
During the review, suggestions were made by staff, Commission
members, and Council members to enlarge the scope of activities
offered in the center. The applicants consistently responded that
the building was intended only for the youth and their activities
and to permit other uses would compromise their goals for the
center.
Final approval of the Center also included a full restaurant-style
kitchen with approximately 6 tables, waiver of housing mitigation,
GMQS exemption for an essential public facility, and a subsequent
lease with the City and county to occupy the land.
The Center has been open for approximately 3 years. Within that
time the Board has experimented with a variety of uses and not all
the activities have been youth or iented. However, due to the
representations made by the applicants during the initial review
process, .i t has been the city's policy to discourage uses in the
building on a long term basis unless it is a program for Youth.
CURRENT ISSUES:
A. Staff Comments: Pursuant to section 24-7-804 E.2.
modifications to the final development plan shall be approved
pursuant to the terms and procedures of the final development plan,
provided that the proposed chan~e is consistent with or an
enhancement of the approved final development plan. If the
proposed change is not consistent with the approved final
development plan, the amendment shall be subject to both conceptual
and final development plan review and approval.
staff finds that the proposed amendment is consistent with the
approved final develop)TIent plan. However, due to the
representations made during the 1990 SPA review, the proposed
amendments are not insubstantial in nature and require a full
review by the Commission and Council.
B. Amendment: The .Board now requests to amend the SPA approval
and the lease with the City to permit a more broad range of
activities in the building. The Center has functioned well in the
summer for the youth but most activities take place away from the
Center and the Center functions primarily as a sta~ing and meeting
place for outside events. The rest of the year the Center is used
very little.
~his summer the kitchen was in full operation, which is the first
real use of the kitchen since the Center was opened. The
conditions for this summer's operations were to maintain the same
hours as the Center ,close at the end of September, and employ
2
r-.
,'-""
youth. The kitchen, operating as a restaurant, also served as an
accessory use to the activities bn the Rio Grande playing field
much like the Dugout at Iselin Park.
In their request, the applicants propose a tiered use of the Center
for community recreational, educational and social events. As the
application states, "the first priority is, and will remain,
programming for and use by the youth of the Aspen community."
When the Center is not being used or has been programmed for youth
activities the Board would like to open up the use of the building
for other entities and programs. The Board would like to allow
for a wide range of community oriented programs and have the
ability to generate revenue from these uses to defray operating and
maintenance costs associated with the facility. In addition, the
new information that was provided by the applicant states that the
Center will be used for non-profit activities unless it is an event
sponsored by the. Center and is intended to raise funds for the
Center.
The applicants propose to lease the kitchen as an accessory use to
the Youth Center. The primary propose of the kitchen will be as
a vocational/learning lab, in connection with the school district,
and employee local youth. The kitchen will be available for:
cooking classes, accessory use to other activities using the
Center, staging area for Aspen School District classes, or private
functions. The operator of the kitchen/diner may provide box
lunches for outings that are organized by the Youth Center and
serve walk-ins. Staff is recommending that the lease used by the
Youth Center reflect the lease language that is used by the City
for the Iselin Park concessionaire stand.
c. Staff Response - The property is zoned public. Please see the
permitted and conditional uses in the public zone, exhibit C. The
proposed activities in the Center, that are more "community center"
oriented / are consistent with the intent of the publ ic zone
district. It is imperative that recreation classes, for example,
have a fee structure similar, if not equal, to those that are
offered by the city Recreation Department and/or CMC. Due to the
competitive nature established by the Growth Management System and
the exactions that are paid by for profit entities, activities that
are also offered by private athletic clubs cannot use the Center
with similar or slightly lower fees than the private clubs.
Of note are the referral comments from the Recreation Department
(exhibit D). The Recreation Department would be able to
orchestrate some activities out of the Center, but since most of
the city sponsored recreation programs are already subsidized
paying rent would pose a burden. Because the City and County lease
the publically owned property to the Center for a nominal amount,
staff would recommend that the City and County should not have to
pay to use the building.
3
/"""\
.~
The Planning and Zoning commission struggled with the use of the
kitchen. A restaurant is not a permitted or conditional use in
the Public zone district. However, accessory uses are allowed and
if the kitchen operated as an accessory use to the activities of
the Center the Commission and staff believe a level of consistent
use of the kitchen/diner would be appropriate. In addition the
diner could be an amenity to park users similar to the concession
stand at Iselin Park. Therefore, staff is suggesting that the
lease between the Center and the food operator model the lease used
at Iselin Park.
The Board believes that a benefit to the Center and the schools is
derived by using the kitchen as a learning lab. The schools would
be able to offer food classes and local students could be hired to
work the diner thus learning important entrepreneurial skills.
This was the original intent for including a diner in the building.
RECOMMENDATION: The Planning and Zoning commission recommend
approval of the amendment to the Youth Center final SPA approval
with the following conditions:
1. All activities shall be either of a public nature, or sponsored
by the Youth Center to generate funds for the Center.
2. The City and County shall not be required to pay rent for the
use of the building.
3. The kitchen will operate as an accessory use to the Youth
Center as a year-round learning center for vocational courses for
students of the school district. The lease for the operator of the
kitchen/diner shall be written to the extent possible to emulate
the lease used by the City at Iselin Park and will be reviewed by
the City Attorney. Aspects of the lease shall include rent payable
to the Aspen Youth Center, employment or internships for youth
during the school year, provision of food for Aspen Youth Center
youth programs at cost, establishment of a reasonable price
structure for affordability by youth and families, provision of a
percentage of revenues .to the Aspen Youth Center if any special
events are catered either in the Center or outside the center,
operation of the kitchen should be an educational extension of the
schools to the greatest extent possible, and no advertising as a
retail food establishment other than on-site signage consistent
with the City sign code.
4. The City Attorney's office may have the right to review any
leases or uses of the Center by other users.
5. The fee structure to use the Center shall be similar to the
City Recreation Department fees and Colorado Mountain College fees.
4
/"""\
i""'\
6. These conditions of approval and the amendment to the SPA
approval shall be reflected in an amended lease between the
City/County and the Youth Center.
7. All material representations made by the applicant during the
public hearings with the Planning and Zoning Commission and City
Council and in the application shall be adhered to and considered
conditions of approval unless otherwise amended by specific
conditions of approval.
8. An annual review of this amended programming shall be conducted
with the Planning and Zoning commission at staff or commissioner's
request until such time as the Planning and Zoning Commission, in
its sole discretion, by resolution, terminates this condition.
RECOMMENDED MOTION: "I move to read Ordinance 3, Series of 1995."
"I move to approve Ordinance 3, Series of 1995, on first reading
amending the final SPA development plan for the Aspen Youth
Center."
MANAGER'S COMMENTS:
Ordinance 3, Series of 1995
EXHIBITS
A. Applicant's Request & New Information dated October 26, 1994
B. Planning and Zoning commission Resolution 94-:3~
C. Permitted & Conditional Uses Public Zone
D. Referral Comments
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BBC COOKING/RESTAURANT EDUCATION CLASS
I. HEALTH AND SANITATION
1. Food handling
2. Employee health
II.KNOW YOUR KITCHEN
1. Equipment and utensils
2. Food terminology
3. Knife technjques
4. Weights and measures
III.MARKETING AND RESTAURANT LAW
1. Planning and zoning regulations
2. Market study
3. Advertising
4. Workers compensation
5. Labor lalvS
IV. SALES AND ACCOUNTING
1. Daily cash report
2. Labor: wage scales,deductions and taxes
3. City, State and Federal taxes
4. Lease agreements and utilities
5. Food pricing and menu costing
6. Purchasing and Inventory
V. COOKING BASICS
1. Butter
a. clarification
b. compound
2. Cream
3. Eggs
a. aeration
b. omelets and souffles
4. Vegetables
a. Identification and categorizing
b. Cooking Techniques
1. blanching, braising, sauteeing, roasting
5. Soups and stocks
a. Chicken stock
b. Meat stocks
c. Nage or Vegetable stocks
6. Vinaigrettes and Sauces
a. Emulsions
b. Deglazing and reductionS
c. Butter and cream sauces
7. Starches
a. Types~
b. Principles of cooking
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8. Proteins: Identification
and cooking techniques
a. Poultry
b. Beef and Pork
c. Fish and Shellfish
d. Grilling, Poaching, Roasting, Braising
and Sauteeing
9. Baking
a.pies and layered doughs
b.Breads and yeast formation
c.cakes
1. High altitude adjustments
.2. Chemical and heat theory reactions
VI. Putting it together
1. Planning a menu
2. Reservations
3. Service
a. hosting and greeting
b. Order taking
c. service etiquette
d. table settings
e. job descriptions
VII. Diversity in the Food Industry
1. Righ or low volume
2. Fast food or High end
3. Catering
4. Industry
5. Food Packaging
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KEKORANDUK
TO:
Aspen Planning and Zoning Commission
Leslie Lamont, Deputy Director
November 1, 1994
FROM:
DATE:
RE:
Aspen Youth center - Specially Planned Area Amendment -
Continued Public Hearing
=================================================================
StlKMARy:
center in
amendment
The commission tabled the pUblic hearing of the Youth
order for the applicants to refine their request for an
to the final SPA development approval.
Of primary concern to the Commission, was the year round use
restaurant nature of the kitchen. In addition, the Commission was
concerned about the control of for-profit use of the building and
insurances that the uses are community oriented.
Perry Harvey has provided an attachment for Commission review. The
'attachment makes additional representations that assures that no
for-profit or commerical activities shall occur in the Center
unless those activities are sponsored by the Youth Center and
intended .to raise funds for the Center. In addition, Perry's
fletter spells out many caveats for the use of the kitchen. Most
~importantIY' this new language will be included in the master lease
between Aspen/Pitkin County and the Youth ce. nter and all activities
and user of the kitchen must be approved by Aspen/Pitkin County
Attorney's offices.
Although use of the Center does not become black and white with
this new proposal, staff believes that it goes further to ensure
more community usage of the building. The ability for the City and
County to review the uses of the building via the master lease
reduces the potential for abuse of the building by an overzealous
Board or restauranteur.
Staff will provide final lease language as an information item to
the Commission when it has been amended by both parties.
The majority of this memo has not changed although the conditions
of approval have been amended to reflect the new information from
Mr. Harvey.
APPLICANT: Aspen Youth Center Board of Directors, as represented
by Perry Harvey
LOCATION: Rio Grande Property
ZONING:
Public with a Specially Planned Area (SPA) Overlay
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APPLXCANT'S REQUEST: The Aspen Youth Center Board (the Board)
requests to amend the final SPA plan that was approved for the
development of the Youth Center (Center). The Board requests to
expand the permitted uses in the building beyond only youth
oriented activities and to provide a building for community
oriented activities and to activate the kitchen on a year-round
basis.
Please see attached application, and the new information dated
October 26, 1994, exhibit A.
REFERRAL COHMENTS: Please see attached referral comments from the
City Attorney, County Manager, and the Recreation Department,
exhibit B.
STAFF COHMENTS: Pursuant to Section 24-7-804 E.2. - modifications
to the final development plan shall be approved pursuant to the
terms and procedures of the final development plan, provided that
the proposed change is consistent with or an enhancement of the
approved final development plan. If the proposed change is not
consistent with the approved final development plan, the amendment
shall be subject to both conceptual and final development plan
review and approval.
Staff finds that the proposed amendment is consistent with the
approved final development plan. However, due to the
representations made during the SPA review in 1990, the proposed
amendments are not insubstantial in nature and require a full
review by the commission and City Council.
A. BacJtqround - The Youth Center received conceptual and final SPA
approval in 1990 for the development of a center for youth oriented
activities on the Rio Grande. property. The Rio Grande property is
zoned public with a SPA overlay which required the four step review
process of the development proposal.
During the review, the proponents of the Youth Center presented a
development proposal for a building that would serve as a focal
point of activities for resident and visiting youth of the
community. During the review, suggestions were made by staff,
Commission members and Council members to enlarge the scope of
activities offered in the center. The applicants consistently
responded that the building was intended only for the youth and
their activities and to permit other uses would compromise their
goals for the center.
Final approval of the Youth Center also included a full restaurant-
style kitchen with approximately 6 tables, waiver of housing
mitigation, GMQS exemption for an essential public service, and a
subsequent lease with the City and County to occupy the land.
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The Center has been open for approximately 3 years. Within that
time the Board has experimented with a variety of uses and not all
the activities have been youth oriented. However, due to the
representations made by the applicants during the initial review
process, it has been the City's policy to discourage Uses in the
building on a long term basis unless it is a program for Youth.
B. 1lIIIen4ment - The applicants now request to amend the SPA
approval and the lease with the city to permit a more broad range
of activities in the building. The Center has functioned well in
the summer for the Youth but most activities take place away from
the Center and the Center functions primarily as a staging and
meeting place for outside events. The rest of the year the Center
is used very little.
This summer the kitchen was in full operation, which is the first
real use of the kitchen since the Center was opened. The
conditions for this summer's operations were to maintain the same
hours as the Center, close at the end of September, and employ
youth. The kitchen, operating as a restaurant, also served as an
accessory use to the activities on the Rio Grande playinq field
much like the Dugout at tselin Park.
In their request, the applicants propose a tiered use of the Center
for community recreational, educational and social events. As the
application states, "the first priority is, and will remain,
programming for and use by the youth of the Aspen community."
When the center is not being used or has been programmed for youth
activities the Board would like to open up the use of the building
for other entities and programs.. The Board would like to allow
for a wide range of community oriented programs and have the
ability to generate revenue from these uses to defray operating and
maintenance costs associated with the facility. In addition, the
new information that was provided by the applicant states that the
Center will be used for non-prOfit activities unless it is an event
sponsored by the Center and is intended to raise funds for the
Center.
During the summer months, the applicants propose to lease the
kitchen to an operator that will employ youth, provide box lunches
for outings that are organized by the Youth Center and serve walk-
ins particularly people using the Rio Grande playing field May
through September. During the rest of the year, the kitchen will
only be available for cooking classes, an accessory use to other
activities using the center, staging area for AspenScbool District
classes, or for private functions.
c. staff Response - The property that the Youth Center occupies
is owned by the both the City and the County. .The city and county
are in the process of finalizing a land exchange with a result that
the Center will occupy only City property. The council has
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consented to the submittal of this application. The County has
consented to the expansion of uses in the Center provided the
activities area of a public nature such as sponsored by
organizations established under 501(c)3.
The property is zoned public. Please see the permitted and
conditional uses in the public zone, exhibit C. The proposed
activities in the Center, that are more "community center." oriented
are consistent with the intent of the public zone district. It is
imperative that recreation classes, for example, have a fee
structure similar, if not equal, to those that are offered by the
City Recreation Department and/or CMC. Due to the competitive
nature established by the Growth Management system and the
exactions that are paid by for profit entities, activities that are
also offered by private athletic clubs cannot use the Center with
similar or slightly lower fees than the private clubs.
Of note are the referral comments from the Recreation Department.
The Recreation Department would be able to orchestrate some
activities out of the Center, but since most of the City sponsored
recreation programs are already subsidized paying rent would pose
a burden. Because the City and County lease the publically owned
property to the Center for a nominal amount, staff would recommend
that the City should not have to pay to use the building.
The use of the kitchen as a concession stand in the summer should
be operated similar to the Recreation Department's operation of
the concession stand at Iselin Park. A restaurant is not a
permitted or conditional use in the Public zone district. However,
accessory uses are allowed and if the kitchen operated as an
accessory use to the activities of the Center and the Rio Grande
park then staff would find this appropriate.
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RECOMKENDATION: staff recommends approval of the amendment to the
Youth Center final SPA app~ith the fOllowing conditions:
1. All activities shall be~ a public natur=., or sponsored by the
I . youth Center t~~unds for the Center. ,
2., The City ~nd count,y shall, not be required to pay rent for :;'
use of the .buil#,.ing. '1_ I. \ -I n ~11 HI ~~
if",,"" l'\"'l~J+M -K"C"",^",,\)\YUlJ SVux-~~ I.
3 The kitchen will serve as ~n accessory use to the Youth Center~
as a concessionaire to the Rio Grande Park The lease for the'
concessionaire shall be structur~d pursuant to the lease used by
the City at Iselin ParJ5;l(and wili'be: epen-t.-o the ptlbl1<,; only fr~
!lay tlu'''ugh R"'p+-9'Al1iler. The kitchen, on a year round basis, will
pay rent to the Aspen Y uth Center, e loy or provide internships
for youth during the sc 1 year"pro_ 'de food for Aspen Youth
Center youth programs at st, establx h a reasonable price
~" structure for affordabil y by-, y~uth and families, provide a
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percentage of revenues to the Aspen Youth Center if any special
events are catered either in the Center or outside the center, ~
4. ~AnY l~~S or uses of the Center by other u ser~ ~l~ r ,y;[ I
rev by e city Attorneyh office_ - ~U/~
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5. The fee structure to use the Center shall be similar to the
city Recreation Department fees and Colorado Mountain College fees.
6. These conditions of approval and the amendment to the SPA
approval shall be reflected in an amended lease between the
City/County and the Youth Center.
EXHIBITS
A. Applicant's Request & New Information dated October 26, 1994
B. Referral Comments
C. Permitted & Conditional Uses Public Zone
D. Public Notice
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Pitkin County is .aware of the application being mac;le by the Aspen Youth Center Board of
D.irectors for I,qubstliptjaI amendment to the SPA for the YOl,lth Center. The County
understands the Y outhce~ter is seekipg to expand the uses of the building beyond only youth
oriented activities in ord.er tQmaximiZe the lIs<:9fthis community facility. The County concurs
with such an eXllllllSiQn so long as the it),cluded activities are of a public nature, e.g. sponsored
by organizati()IlS established under SOI(c)3.TheCounty is aware that the Youth Center Board
also wishes to amend the ground lea.se to retlectthe flnaI action on the application. The letter
will serve as our pennission as land owner for the Youth Center Board to process the
application, with. the County reserving the right to review any final approvals.
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Transr>ortatiU
Facilities
76 Service Center Road
Aspen. CO 81611
(303) 920-5390
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July 27, 1994
Mayor Bennett and Council Members
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Mayor Bennett and Council Members:
S~~
Reid Haughey
County Manager
cc:
Perry Harvey, Aspen Y outhCenter Board
pcsemlwp/7 .135
Adminlslration
530 E. Mein, 3rd Aoor
Aspen, CO 81611
(303) 920-5200
FAX 920-5198.
@printedonfKYcledpaper
County Commissioners
Sune B
506 E. Main Street
Aspen. CO 81611
(303) 920-5150
County Attorney
Suite I
530 E. Mein Street
Aspen, CO 81611
(303) 920-5190
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RECEIVED
.
JUl 281m
City Ma.,ger/Mayor's OttiCe
Pitokin County
AUG I 7 1994
'~OiSTFijBiiTeD TO:
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Response By: ...
By Oate: ~.fi-
For'
---
Personnel and Finance
Sune F
530 E. Mein Street
Aspen. CO 81611
(303) 920-5220
,
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{~ EXHIBIT B
MEMORANDUM
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THE CITY OF AsPEN
CITY AnoRNEY's OFFICE
TO:
Leslie Lamont
FROM:
DATE:
John P. Worcester
August 2, 1994
RE:
Youth Center Lease
Just a few notes on the Youth Center's request to change their use...
The lease with the City states that:
The Leased Premises shall be used exclusively by Lessee for the purpose
of establishing and thereafter maintaining a meeting place for youth of the
City of Aspen and surrounding areas that is free of illegal drugs, non-
medicinal alcohol, and tobacco products.
It also states that:
Lessee shall not permitany other person, persons, company, corporation,
or organization to occupy or use the Leased Premises for a eriod of time
in excess of two (2) weeks without the express written consent of the City
and County.
Clearly to accomplish their new "mission" they will need to have their lease agreement amended.
I don't forsee a problem with Council allowing the amendment but want to make sure Council
gets to review any proposed amendment as part of their application.
Thanks.
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EXHIBIT 0 ,
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PUBLIC NOTIC!
:a!: ASPEN YOUTB CENTER FINAL SPECIAI.L Y PLANNED AREA AHENDHENT
NOTICE IS HEREBY GIVEN that a public hearing W'ill be held on
Tuesday, September 20, ~994 at a meeting to begin at 4:30 pm before
the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room,
city Hall, 130 S. Galena, Aspen, CO to consider an application
submitted by the Aspen Youth Center, P.O. Box 8266, Aspen, CO
requesting approval to amend the SPA Development Plan to allow
community groups to rent thefacili ty when it is not in use for
youth programming and to allow summer use of the kitchen as an
accessory use to the Rio Grande playing fields. The property is
located on the Rio Grande property between the parking garage and
the pitkin county Jail. For further information, contact Leslie
Lamont at the Aspen/Pitkin Planning Office, 130 S. Galena, Aspen,
CO 920-5100
s/John Bennett. Mavor
Aspen city council
Published in the Aspen Times on September 2, 1994
=================================================================
City of Aspen Account
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MASON,& MORSE'
REA L ,Ii S TAT E
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July 14,1994 '
Ms. Leslie Lamont;
Planning Department
CITY OF ASPEN .
130 S. Galena .
Aspen, CO 81611
, ,Dear Leslie:
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, Enclosed is the application from the Youth Center for the . SPA Amendment. , The
. letters of consent from the ~ounty and the City are missing but ~1II be available
prior to review. .
. "" -' " .
Thank you for: your help 911 thisandpl~asecafl me if you need further
information.
Sincerely,
~ . - . .
'MASON &.MORSE REAL ESTATE
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Perl)' Harvey .' . . ' .
, Broker A.ssociate
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, 5.14 EAST HYMAN Avii~uE ASPEN,. COLORADO 8161'1' (3'0'3')9,25-7000 ~A'CSIMILE' (3.03) 925,7027,
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Satulday-Sunday, Sept~tllber 34, 1994 . TIle Aspen 7il1les 15-D
Public"Notice:r:c,,,,.
NOTteR OF PUBUC TRUSTEE'S SALE Only contractors who are Qualilled by the Uon re<:ordedJuly 23, 1991, In Book 652 at Page INTRODUCED, FIRST READ, AND SEl' FOR Recording Date 01 Deed 01 Trust: October 28.
NO.9f-JO .Clty shall be allowed to request plans and 307 and First Amendment recorded April 27. PUBLIC HEARING AT THE REGULAR MEETING 1980
'1'0 WHOM IT MAY CONCERN: This Notice Is specifications and submit bids tor this con- -1992, In Book 675 at Page 821, ONTHE 30tb DAY OF AUGUST, 1994. Original Principal Amount of Evidence of
gav Ith gard to tn lollowlng described struetloR. being all of the property encumbered by the NOTICE OF PUBLIC HEARING PUBUSH.EQ IN Debt: $72,000.00
ne:;,; Ttmre e Speclllcatlons and forms lor preparing bids Deed olTrust. THE ASPEN TIMES ON THE 2ND OF SEPTEM. Outstanding Prindpal Amount of Evidence l);
. Original ~aDtor l)1 Deed of Trust (Borro~ may be obtained at theolU<;e 01 Aspen City THEUEN OF THE m:ED OF TRUST TO BE BER.l994. Debt as of the date hereol: $63.087.12
er): Shadow Mountain Equities Inc., a Colorado Hall, Department of Public Works, 130 S. Galena ';'FoREcLoSED MAY N01' I$EA f1RST UEN. . .(;oples of the proposed ordlnancejresolutlon County of Recording: Pitkin
corporatJon Street, Aspen, Colorado, 81611 oi Leonard RIce TH~EFO'Rf:, 'not~ce ,. here~y,::,I~n:tl1a(l: .:';'1&re avatlable for publ.lc Inspection from 8:30 am Book !lnd Page No. or Reception No. of .
Orlg'lnal Beneficiary of Deed of Trust: First Consulting Water Engineers, Inc." 2401 Ftl. will. at 10:00 ,o'clock a.m. on the ,7~h,d.y Qf' ~)~, 4:30. pm In the ofllce of the Clerk and Recorded Deed of Trust: in Book 398 at Page 92
NatIonal Bank 01 Freepon teenth Street, Suite 300, Denver, Colorado, September, 1!t94, at the sOuth frOnt OOor (If the: ':: ,Recotd~, ~O E Main Street, Aspen, Colorado. ' Legal Description of Real Property: ,.
Current ,owner 01 the evidence 01 debt 80231, after August 24, 1994. A non-refundable Pitkin County, Courthouse; 506 East Main' Phone92G-5180." . , " . Condominium Unit 6, AJAX CONDOMINIUMS.'
&ecw'ed by the Deed 01 Trust: First Bank North deposit of Forty Dl)i1ar., ($40.00) will be Street. Aspen~ Colo~ado 81611,sell at Pu~ltc;,' . Jeanette Jones, Deputy County Clerk formerl)!' described as Manor House Condo..
F1CA FJrst NalJonal Bank 01 Freeport required lor each set. auction to the hlsbel:t and best bidder lor cUb,.' Published In The Aspen Times on September' mlnlums, u shown on tbe Plat thereof record-
Date of Deed olTrust: May 16, 1985 AD bids must be accompanied by a certified thereal property olar_or. and,the hell'lancL' ,2, 1994. ed In Plat Book 7 at page 20. and as shown on '
R dl D f 0 d IT t M 24 check payable to the City 01 'Aspen In an assigns of Grantor,lor,th~~e,ol paying" the Map 01 the Ajax Condominiums, 10rmeJ:,bt
J98Secor ng' ate oee 0 rus: ay , amount of at hlast live percent (5%) of the BId, the In.debtednesssec:u~bythe~QfT~t,:,; :;"', "INVITATlONTOBID described as Manor House Condomln;.r-"'\.
CoWlly 01 Recording: Pitkin County, CO drawn on a bank which Is a member 01 the Fed- attorneys' lees; 8nd expen_of 'ale, ilnd will ';,:: :~ed bldt wiUberecelved at Cltyof,Aspen. recorded In Plat Book 7 at page 61, and as '. .
Receptton No. 01 Recorded Deed 01 Trult: eral Reserve System or a Bidder'. Bond on the deUver to purchaser a Cerun~te of Purc:haSe.,," . 130 S. Galena St., Alpen, CO., 81611. Altn;. :'"luUy descrll;ted In the Condominium Deda._-
268432 City's Form In like amount. The check or bond as provided by the law. ,ot the State of CC)I~ Rlch....CO;Ulombe -until 2 p.m., Wednesday. tlon thereof recorded November 6, 1978 In
Book and Page of Recorded Deed 01 Trust: Will be retained by the City as ,liquidated dam. orado, , ., " ' . :'-, " ' September 7, 1994, at which time the bldswUl, Book 357 at page 660, County 01 Pitkin, State Qf
Book No. 486 Page No. 628 . ages U the successful bidder refuses or falls to Dated UiIs,~1stday oUuly,'1994: ;' _ be' pu~I(:Iy.: opened andread.aloud, lor the 101-'.:-,' Colorado.
YOU ARE HEREBY NQTIFlED that tbeunder- enter Into a Contract and PQrformance, Pay- ',~ c..,lqkeQ.PUbUc~of the' ,lowing CUYAf J\sp.e.n project:. .13 Fairway','!, SUBJECT to the terms, conditions and obUga-
.lgned 81 the legal owner 01 an Evidence of ment and Maintenance Bond In accordance ' --, ;",: : County ofPttkln. Colorado,' ' Bunker ReoDeIIgn. TIte project WID lric:hKIe, but'" tions of sald.Condomlnlum DedaratiQn. whlc:h
Debt, dated May 16, 1985, 10 the orlgIQaI prlnet- With hi. bid wben notified ohheaward. Carolt.t'9.0~e,'DtpUty: Publl<: 1)ustee ,I. not IIm~ed to .od removal, .haplng. .and ,.-has the address of Aspen, Colorado 81611.
pal amount 01 $.300,000.00 doJJats and which Is The extent 01 the work Is apprOXimately ll$ AttorDey far ~ pi ~ of Debt: .;,~' plaCement. re-tOddlna. . '.'," " THE PROPERTY DESCRIBED HEREIN IS AU.
Me:ured bytbeDeed 01 Trust described above, follows: '-;, StepbenR.~rj-p,c;;::-_.'J: ' , ';'\'Complet.BldPackagesareavaUablef~the OF THE PROPERTY ENCUMBERED BY THE'
hufUed written election 8nd demand for sale Schedule I: , ., ' ,:',-" 600 East tl9pk1ni; SUJte~l"':".. . '" :<,..',~~ ;;::.Cltyof:'As~,Colorado. for.~ per set. (non-~: UEN OF1'HE DEED OF TRUST,
at provided In said Deed oJ Trust The out. e Furnlshandlnstallmanholes:2EA Aspen, Colofado 816U.,<:3fm92Sf190.>.,' '.. iehQtdable)'.or mt)'be ~ewed at the office 01 THE LIEN FORECLOSED MAY NOT BE A
standing principal balance (excIu.lve of Inter-- . Furnish an41nstaU 6' ll, 6'jURCtkm vaults: 2 ',' fll'lt ~bU~aUon:,Augilst 5, 199+,,;.,:,.':,.' '::'~:'~-':,"" the':Mpen ',(1011 Depar,tmenl located at 585 FIRST UEN
est and any other charges properly allowable EA . ~tP.ubUe:atlon:~t~~ber2;,I~,~:.'.; ~':">/."~etery~;:',- . C,' _ . .' Colonial Savings, FA, the owner of the Evi-
under lhedocumenls evJdenclng saJd debt) e Furnish and Install 36" yYlOp:f'VC pipe: 368 . Publls~ed In..~AsP'9,~';~, $,; 12;,:,.,'r.'j ~blclmustbeaccoJ:l1panledbyBk1Securl-' i dence of Debt secured by t~ Deed of Trust,
due and owing upon the Evidence 01 Debt Unear feet 19, 2&,and Septelpber'2.1~.... ":.", ' :: tYb)'lnclude a bid bond or certllled cl\eck desc~ herein, has filed written election and
secured by the above-de.ICribed Deed of Trust . Miscellaneous work and material ' . ", inad~_ payable 10 the CUyof Aspen In the ,dem8nd lor sale as proVided by law and in said
belilg foreclosed Is $268,150.18 as of July 19, Scl\edulell:. NOTICEOF~'~E4mNG" .~ntolOve percent(S%)of.theBkt The Bid . Deedoftrust.
1994. . furnish and Install 36~."Vylon-PVCplpe: PLEASE TAKE NOTICE: That the B9ard OJ, S.ec:urlty ,accompanying tbe..three ,lowest THEREFORE, Notice Is Hereby Given that I
" The foJJ~escrjbed pioperty Is all 01 the . 220 linear feet. '" " , County ComlRlssloners_of.'pltldn 'County" CoF,,..responslvt:and responslble_ bids Rijlybe held. will, at 10:00 o'clock In the lorenoon of October
property encumbered by said Deed olTrust: . Miscellaneous work andmater1aI"-;' orado wUl 'conduct a publiC hearlng on"the lot.: ',' untll,t~ (:Qntract Is awarded, The Bid Security' .' 12, 1994 , at the South front door, P.ltldn County
, ..-UNrr I, USE)YEEKS I, 7, 9, 37, 38, 43, 44, 45 A pre-bid meeting I. set at the Aspen City lowing resolution on SEPTEMBER 13, 1994 at acc:ompanylngthe other proposals shall be Courthouse, 506 East Main, Aspen, Colorado,
J.NI)46 Hall, Departmental Publie Works for 1:00 p.m. 5:00 pm, at the Board of County Commlsslon- returned promptly alter the bid prices have sell at publiC auction to the highest and best
, UNIT 4, USE WEEKS 10 AND 20 Tuesday, August 3:0, 1994. Attendance is ers Meeting Room. Pitkin County Courthouse, been compared and evaluated, tMdder fl)r cash, the said real property and all
'UNlT8,USE,WEEKS8,15AND43 MANDATORY (or submitting a bid forthls con- 506 E Main Street, Aspen, Colorado, at which A pre-bid conferencewiU be held a lhe Aspen Interest 01 the said Grantor(s), Grantor(s)'
":~UNrr 11, USE'WEF.KS 2,3,13,37,44 AND4S structlon. time and place all members of the public may Golf O(ficelocated at:!85 Cemetery lane, at It heirs and assigns therein, for the purpose 01
,:.UNIT 12: USE, WEEKS 7, 12, 13, 14, Bids may not be withdrawn lor a period of appear and be heard: a.m., Tuesday, Septem~ 6,1994. Attendanc:e paying the",ndebtednesspraVlded In sal~,
15.21,36,37.38,40,43AND44 forty-Rve (45) days alter the time fixed for dos- A RESOLUTION OF'THE BOARD OF COUNTY at the pre-bid conlerence Is ~tQryUDIe8S : denceof Debt secured by the Deed of i\
'SHADOW MOUNTAIN LODGE AT ASPEN, Ing them. Tbe Owner: reserves the right to COMMISSIONERS OF PITKIN COUNTY, COL- prior authorization IS glven'by the City's Pro- plus attorne)'s' lees..tbe expenses 01 salt,.
~~lng to the Amended Condominium Map waive Irregularlues, or to waive technical ORADO, SUBMI11'lNG TO THE ELECTORATE Ject Coordinator. other Items allowed by law, and will deliver to
theieof recorded Ausust 28, J9B5 in Plat Book defects accordingly so that the best Interest of AT AN ELECTION 'f0 BE HELD ON NOVEMBER The City reserves the right to reject anyor.\IJI the purc:haser,ll Certificate ,of Purchase, all as.
Ilat Page 73, and acc:ordlng to the Condoinlnl. the City may beserved;'may reject ;limY and'a11 ,8, 1994, SEVERAL LOCAL GOVERNMENT MAT- Bids or accept what Is, In Its Judgment,the Bid prOvided by law
'\1m DtdaraUon for the Shadow Mountain bids; and, shaD award the contaet to the lowest TERS ARISING UNDER SECTION 20 OF ARTICLE which Is in the City's best Interest. The City fur. THE LAW FIRM OF BURKE &. CAS'n.E, P.C. IS
1Ddte at Aspen, recorded October 29, 1984 in respo.nslble bidder as determined by the X OF THE STATE CONSTrrU110N AND ARTICLE ther reserves the right, In the best Interests of ATTEMPTING TO COlJ.ECT A DEBT AND ANY
Book 475 at Page 783.aRd Amendment thereto Owner. XIII OF THE PitKIN COUNTY HOME RULE the City to waive any teehnlcal defects orlrreg. INFORMA11ON....08TAlNEO WILL BE USED FOR
~ded~t-'~~,~~.,I~_,~~~~9~.,~t,P~,;:~ : FIRST ~T~~::~~~ ASPEN C~~Stions to be submitted to the el~ uI~~Ie:::~ ~ ~~~s:=~::.Placecf In T~~=~22, 1994.
. .COUNTY OF,~;,STAn::o,COOORADO" ~~,~,;': ~:SECOND PUBUCATlON: September 2, 1994. torate Include, l:!l,It are not limited to the Iollow. one en\j'elope securely sealed therein an4
THE UEN OF THE DEEDOF,TRUSTTO- BE,;;:,Pubtlshtid2In 1:heAspen Times August26 and Ing tOJl'lcs: Transportation Revenue Bonds, labeled: "Bid lor 113 Fairway Bunker Re-
FOREClOSEOMAYNOT,BE-Af1RSTUEN. .' ,.': ~tember ;.1994. Realignment of State Highway 82, Transltway Design."
. UlEREFORE, NOTICE IS HERt:BY QWE:N tbatl:", System' on Moore Open Space, Pitkin County In addition to price, the criteria .etforth In
will, at 10:QO o'clock a.m,. on',~he date of ;~'~-.::: "'", ", .NonCE TO BIDDERS Revenues, Pitkin' County J993 Revenu., Pitkin the instruction to Bidders and any specific cd-'
September ~ J994. at ttJe l:'tkmCOlpily <;ourt~ ':; ;.;,<Se,4Jed . !roposal.. In stngle envelopes County Ubrary Revenues teria listed below, may be considered In Judg-
house 506 East Main St. .Aspen. ColOrado seU:,':,', endorsed, City of Aspen Wat~r Department. . Copies of the propo.ed resolution are avail- Ing which Bid Is In the best Intere.ts 01 the
11 publicau<:tl9qto tbe,~t a.w best'.bld-}-,~, Pup,py SmlthStr~et Water Une Replacement- able for public Inspection from 8:30 am to 4:30 City.
der Jor cub, the teaf'propert)'~e.crJb~~;:,/SpeclJle:atlons, No. 980AWT05 ~I be received pm In the office ofthe Clerk and Recorder, 530 Bids may not be withdrawn for a period of
, above andal\ Interest'of ..aid, ara"tor. Ut:...~:,;,by-!he ~Ity of Aspen, at tilt Department 01 Pub- E Main Street, Aspen, Colorado. Phone 92()" thirty (30) days after the time lixed for ckJsJng
heirs. ~ue:cessoI'l and Usllns oflald.Gi~f::"~"lIcWorb,~130 s, Gale~aStreet..Aspeh, Col- 5189.-.them.-.' , , :
lor the purpose 01 paylnj the Indebtedneu. orado, 81611., unUI 2:00 p.m.. Tuesday, Septem- Jeanet:ilit.JOne. '. ".' ". ,_C' BY ()RDEa OF'liit CITY OF AsPE:N,
provided In said NoteandDeed of TrUst, auQr.'~ bel' ~1994, at which time and place, bids wlR DeputyCounty,Clerk ';:::":':>":~/I\"""</', . '. ' COl.ORADO
. neys' fees, and the expenses of sale., and will be publicly opened and read aloud In the pres- Published in Aspen Times September 2, 1994'(',?':~~'~ CoUlombe/R.C;C, ProJect~tnator
deliver to the purchaser a CertUie:ate of Pu~ ence of bidders or, their duly authorized repre- '. -:>')'PllbUshed In the, ~Ptn Tlmes:)epteK;Db~r 2,
.c:hase. all as provtded bylaw. .entatives. , NOTICE OF PUBUC HEARING PLEASE rAKE <'1994,,"" '"" . ,:;:< ....
Date: Augusts, 1994 Only contractors who are QlialUled by the NOTICE: That the'Board ofC(mnty ~omml'~ '/":, ' ""~" .
Thomas Carl Oken City shall be allowed to request plans and sloners of Pitkin County, Colorado will cond~t;, (/..,
Publtc Trmtee ofthe County of PItkin, .pec:lfIcaUl)ns and submit bldlt lor this con- a public hearing on the . following'
State 01 Colorado structton. ordlnanceJresolutlonon September 13, 1m ..t
~-,~",~'R"'~-<<oA-o..tc;-AuilJSt,26,-.t9S4-'"7" _~__.__....JJ!~ls.,ttl!!'.!_~~ ,for~!...~r .prel?l!,~!~~tE~~__~~OQ j)m, at the ,Board, ~f C(l~nty Commls'lol\~: "
" )Lut PublkaUon Date: Selltember 23, 19Q.t,,~. maY,be obtatn~llit the office 01 (fie Aspen CIty e~)1eetTiiilfuo1ii; Pltkrn.FOUTItfCOW1iWO~,""
. By: JudyJamer, Deputy Public Trustee HaII..Oepartment 01 Public: Worka, 130 S. Galena 506' EMaln Street, Aspen, Col()rado,at which
ATtORNEYS: Street, Aspen, Colorado 81611 or LeonaroRtce 'time and place all' members ?f the public may
'~<PatrtckD.McAllllter,Esq. Consulting Water Engineers. Inc., 2401 Flf~ 'appearanrlbeJ>,eard: ..."'::
DaVidLLenyo,Eaq. teenth Street, Suite 300,Denver. Colorado, ARESOLt.mQNOFntEBOARDOFCOUNTY
. GARFIELD & HECHT, P.c. 80231 after August 24, 1994. ~,l1Onrelun~le . cpMMlSSIONERSOFPrfKlNCOUNT't,CO~
601 EastHymanAvenue, Aapen,CO 81611 deposit p( Forty Dollars ($40.00) will b~. -ORADO.SUBMlTI1NG1.'OTHEELEC1'ORATE
(303)925-1936 ~equlredforeachset. . __, ", '. PROPOSEl>tfOMElmlE'CliARTERAMEN~
Published tn The4ipen'I1mesAugust 26 and All bids must be accompanied by a ~rtIfIed MF.NTS~iQtlon'94
September2.9,16,And23, 1994;' chec:k payable to the. City of Aspetl.ln an . -_ < '.. ",. .:"REClT~_" .
amou!lt of at least five percent (5%):of.~ BId, 1. The B~ of ,c:ounty COmmissioners (the
drawn ona bank which is a ~ber of t~ F'~ Boar9) apPolntetj a Home Rple Chart!!;r Tllliik
eral ReserveSystem or a Bidder'. ~Dclon the; Force In, 199~ l~re:vlew.\Vh" Issuea may be
City's Form In like amount.~.-(heck or bond . appropriate ~r~,draent o\' clarification In
will be ,retained by the ~tyasllquidated d~ the Home JW4. Charter.
ages If the successful bidder ~fuses or falls to: 2. The Home Rule p~artef TaskForce met
e.nter Into a Contract and Perlormance, Pay. . over a series of.months and reViewed the Char.
'.rnentand.Maintenance Bond In accordance ter for multiple issueS including some speclfl-
with his bid when notilied 01 the award.. . cally Identified by the, Board of County Com-
The extent of the work Is approximately as mls~oners, .' .. _.' .
Ionows:.. . ,:' .. , 3. The Home Rule Charter Task Force com-
.~ ~sh.and InstaI1425 linear leet 8" D.LP. pleted recomme;ndatlons to the Board which
, .Fumilh and Install 2 lire hydrants are attached to this resOlution as Exhibit 1 and
.- eMIscellaneoUS work and material , Incorporated herein by reference.
e_ Remove and'aband4n gate valves at Mill 4; The Board .et for electlon In 1993, the
" and PuppySmlth Streets questions putlQrth by the Home Rule Charter
, A pre-bld meeting Is let at the A.pen City Task Force, b!Jt a technical defiCiency denied
~, Department of Public Works lor 2:00 p.m. the voters the opportunity to vote on these
Tuesday. Auguat 3D, 1994, Attendance Is questions.
MANDATORY for submitting a bJd lor this con- 5. Four of these quesUons were voted on and
atructJon. .. passed by the electorate at th~ primary
BI.d"may not be withdrawn for a period of electiOn In August, 1994, but there ar~ two'
forty-five (45) days after the time IIxed lor dO$- questions stIR remaining,
Ing them. The Owner: reserves the right to 6. The Board .stlll_seeks the guidance. of the
waive Irregularltle. or to waive technical electorate on these two remahungquestlons.
defects ae:cordlnQly so that the best Interest of NOW THEREFORE BE IT RESOLVED, that: .
the City may be served; may reject any and All The Board directs that th~ lollowing ques-
bids; aild, shall award the contract to the lo~ tlons shall be placed on the ballot lor the ReO.
. est responsible bidder as determined by the eral election In Novembe~ In a manner that
Owner. allows tbese questions to be voted on Indlvldu-
BY ORDER OFTHE CITY OF ASPEN 'ally:
FIRST PUBLICATION: August 26, 1994. t.POUCY MAKING AND ADMINISTRATION-
SECOND PUBUCATION:Septeinber 2, 1994. Shall the conflicting provisions of the Home
Published In The Aspen Times August. 26 and Rule Charter be clarified to provide fOr the pol-
September 2, 1994. Icy governing role of thEf Board of CountyCoIR-
missioners and the administrative role,of the
NOTlCEOFPUBUCTRUSTEE County Manager, so tbat the County t,{aRager,..':
SALE NO. 94-9' be responsible for, the employment 01 aU:'"
TO WHOM IT MAY CONCERN: department heads and other staff, e~cept as
You are hereby notilled that lhe bolder of the otherwise provided by law. Specifically, "shall
Indebtedness secured by the Deed of Trust Se<;tlon 2.7.2 of the Horne Rule Charter which
herein described, has filed a Not\ce 01 Election currently reads: "The Board' shall ll.PPQlntall
and Demand for Sale In accordance with the departm.ent heads and the members of all Cltl-
provi&lons or the De;ed of Trust anct pursuant zen Boards" be repealed and reenacted to read
tO,the laws of the State 01 Colorado. AS follows: .
The Deed of Tru.t being loreclosed Is 2.7.2 The Board shall appoint all themelR-
described aslollows: bers of all Cltiu:n Boards. and shall the Home
'Deed of Trust From Grantor: Nell L. Johnson Rule Charter be amended to add Sec:llon 5.2.3
10 Ihe Public Trustee of: Pitkin County to read as follows:
Current Owner of E~ence of Debt Secured 5.2:3 Except as otherwise provided by law,
by t~ Deed of Trust: Alpine Bank,. Snowmass and In the case of employees reporting to other
Village elected officials, the County Manager shall hire
Original PrinCipal Balance: $85,000.00 and remove all department heads. Ail other
Present Principal Balance: $83,744.83 county staff members and employees may be
Dated: DeCember 28.1992 hired and removed by the County Manager, or
Recorded: Deeember 30, 1992 at his direction, these powers may be delegat.
In Book: 699 ed by the County Manager to department
At Page: 266 heads or other subordinates.
As Reception No.: 352395 _ 2. APPOINTMENT OF THE DIRECTOR OF THE
The Deed ot Trust encumbers the' lollowlng DEPARTMENT Of FINANCE - Shall Section
described real property situate "In the County 5.4.201 the Home Rule Cbarter be repealed and
of Pltkin,Sta,te of Colorado, to wit: reenacted to rellect that tbe Director 01 the
Condominium Unit 1324, Building 13, Moun- Department of Finance shail be appointed by
lAin View Permanent Moderate Housing Condo- the County Manager, and to read as follows:
minlums, according to the Map thereof flied 'for 5.4.2 The Director 01 the Department 01
rle(ord July 23, 1991, In PlatB()ok 26, at Page. Finance shall be appointed by the County Man-
;<,,'C ...", i' . -;.::!t,~!}::I~~tt::;i-{i;'~i>':~;<~.t~::,~~~~!,~~~Sr~~~~~~tt~~~I~t~;t;:~N~'I';'i:';';tV,::~w~i~,!:'t1:~if~L: .'.t' .~;:'~(~':~::"'\
;~~:
'.
"
DlSTRJcr COURT,
PITKIN COUNTY. COLORADO'
. Case No, 94ev 45-3
SUMMONS BY ~BUCATlON
LAUREl. P. PACE and JEAN M. PACE. Plaintiffs;
...
PAUL B. RITTER and RICHARD MAWEWSKI
also known as RICHARD MAUEVsKY; Deten-
dants _' - "
utE- PEOPLE OF THE STATE OF CO!-ORAOO.
TO 1lIE ABO~ llEFENDANI'(S):
You are bereby.ummon~ and required to
appear and delend aa:alnst the claims 0' the
Complaint Bled with the Court In this action, by
ruing with the Clerk otthi, Court.an Answer or
other response, Y~ are required to Ole your
. Anawer or other: response wJthin 30 day. after
. the service of. this Summons uponyou.'servtce -:;.
of this Summo~ shall be compiote on the day
. of the last publie:8Uon. A cCtpY of, the CornplalRt
may be obtained from the CI~k of the Court.
U you fail to file your Answer or other
. response to. the Complaint .In writing wlthln.3O
days after the date of the last pubUcatlon,lude-
ment by default may be rendered agal~t you
by the Court lor the relief demanded In the
Complaint without lurther notice.
This Is an action to quiet titie to the(ollowJng
feaJ property situate In Pitkin County, CO:
Lot 6 01 the MBG Rowhouse Subdivision; a
Resubdlvlslon ollall, Block 7, Amended and
Restated Plat of the Aspen Airport Business
. Center flUng No. I, of record at Plat Book 19 at
Page 43 of the records of'the Pitkin County
Clerk and Recorded; subject to the covenants,
restrictions and IImltatk>ns contained in that
Declaration of Covenants, Conditions and
Re$trlctlons for the AABC Rowhouse Subdivi-
sion recorded In Book 530 at Page 928 .of the
records 01 the Pitkin County Clerk and
Recorder. .,
Dated: May 9, 1994
Published In ~ Aspen Times
Flrst Publication: Auju1l126, 199"
Last Publlcatlon:Septernber 23, 1994
BY: G A. Wright '10028,
Attorney lor the Plaintiffs
201 North Mill Street, SUite 106, Aspen, CO
81611
T~phone: 303-$,25-5625'
Publlslw:d In The Aspen Times August 26 and .
September 2, 9, 16 and 23, 1994.
NOTICE TO BIDDERS
Sealed Proposals in' Single envelopes
. endorsed, "City of Aspen Streets Department
Francis and Garmlsch Street Storm Sewer
Upgrade" Specifications No. 976ASTOl will be
received by the City of Aspen, at the; Depart-
. ment 01 Public Works, 130 S. Galena Street.
. Aspen, Colorado, 81611, until 1:00 p.rn" Tues.
day; $eptember 6, 1994, at which time and
:.' place, bids will be publicly opened and read'
aloud In the pretence ~I bidders or. t~elr duly
aut~l'lzed repre;entatlves:
,.:C' ','
. . ,. PU8I1C N6TIcE,~;t.
:~'OF Nl'FRATE MONITORING VlOLt\TION.
ATIENTlON ALL ROARING FORKS MHP RI!S~
DENTWATERUSERS.", '" '.':'....
"'-ihe-&.te-Urlnidng:'Water-Acr -rcqUtr"~at
CommullUy Public Waler ~)'$tem. thlltuae a .
ground water source monitor their drinking
water annually for nitrates. We are ~u1~ by
the Safe Drinking Water Act to notify the public
tbat we failed to monitor lor nitrates In 1993. If
you have any questions. Please 'eleph()ne
Richard DOwning at (303) 781-1218.
Published In the Aspen Times September 2,
\994.
COUNTY COURT, PITKIN COUNTY, CO~ .
ORADO .
Case No. 94015
ORDER FOR PUBLICATION AND CHANGE OF
'NAME
IN THE MA'ITER OF THE PETITION FOR THE
CHANGE OF NAME OF: BRYAN ADM, PetItion-
.,.
ORDER FOR PUBUCATION
The Court having read and conSidered the'
PetllJon for Change 01 Name and the petition-
er's allldavlt, and the Court being sulfictenUy
lJ,dvlsed,
FINDS: That the aIlegaUons made In said pet~
tlon and affidavit satisfy all statutory reqUIre-
ments;
AND THE COURT fURTHER FINDS: That the
desired change 01 name Is proper and not
detrimental to the Interests 01 any other per-
son. .
IT IS THEREFORE ORDERED:
l. That pUrlluant to statute, petltloner'slulll
give pUblic notice of such c:hange of name by
publk:atlon of Public Notice three (3) times In
The Aspen Times, a legal newspaper, published
In said county, Tbls publication Is to be made
within 20 days of the date 01 this Order. Proper
proof of publication shall be lIled with the
Clerk of,the Court upon Ilnal publication.
? That upon prool of publication being IliOO
wJth. the Clerit of the Court. the name 01 Bryan
Abas will be changed.to Ryan Ross.
.DATED:AuJlUst 19, 1994. .
f'ltzhllghScott;1U
. . County Judge
",.Publlshed 'nThe Aspen Times September 2,
9, and 16, 1994. '
COUNTY COURT, PfTKIN COUNTY. COLORADO
Case No:94C247
PUBLIC NOTICE
IN THE MAlTER' OFTHE'PETlTION FO!t11JE
CHANGE OF NAME OF: FREDERICK,STACEY
,: EU.IS, Petitioner. .
PubUcNotlce Is hereby,glv~n that by an
.Order of the County ~ourt 01 PI'kin Coul}ty,
Colorado; entered ()n August 23, 1994, In the
above.entltled action, then",me of Frederick
Stacey Ellis will be changed to Frederick Stacey
Locklear, upon prool of publication being filed
with tbe Clerk of the Court.
Judy Jame,s,
Deputy Public Trustee In and for the '
County of Pitkin, Colorado~
Fll'lt Publication: September 2, 1994.
Last Publication: September,30, 1994.
PubliShed In The A$pen Times September 2,
9, 16,'23 and 30, 1994. '
NOTICE OF APPUCATION FOR A HOTEL AND
RESTAURANT UQUOR UCENSE
APPUCANT: Winney Enterprises, Inc., 520 Eo
Durant '110, Aspen Colo. 81611
OWNER: James E. Winter'. 9407 CrolScreet,
WIchita, Kansas 67206 .
APPLICATION DATE: August 8, 1994
HEARING DATE: September: 13, 1994
. 'FRADE NAME: PIZZA HIIT
Petitions or rem~nstrances may be filed with
the olftce 01 the City Clerk, City Hall, Aspen,
Colorado.
Kathtyn Koch City Clerk
-----Pubtlsbed:Sc:pt~t-2, 1993-
Posted September 2, 199.4 Publlsbed In The-.
Aspen Times Sept~mber 2, W94.
NOTICE Of' APPUCATlON FOR A HOTEL AND
RESTA.URANT UQUOR LICENSE
APPLICANT: I-MATTI R1STORAN1'E, INC. 205
S. MILL SPACE 109, ASPEN, COLO. 81611
'OWNER: Luigi Giordani. 421 W. Hallam,
Aspen, Colo. 81611 Elizabeth PIotke-Glordanl .
421 W, Hallam, Aspen,. Cok>>. 81611
APPUCATlON DATE: July 8.1994
HEARING DATE: Sleptember 13, 1994
TRAOENAME: Campo De Fiori
Petitions or remonstrances may be flied with
the office of the City,Clerk. City Hall, Aspen,
Colorado. '
Kathryn Koch City Clerk
PubliShed: September 2, 1993
Posted: September 2, 1994
Published In The Aspen nmes september 2,
1994.
PUBUC NOTICE
RE: ASPEN YOlITH CENTER FINAL SPECJAL..
LY PlANNED AREA AMENDMENT
NOTICE IS HEREBY GIVEN that a publiC tlear-'
Ing will be heid on Tuesday, September 20,
1994 at a meeting to begll'l at 4:30 pm before
the Aspen Planning and Zoning Commission,
2nd floor Meeting Room, City Hall, 130 ~
nR, Aspen, CO to consider an appllcaU . . r
mltted by the Aspen Youth Center, P.\. ..x
8266, Aspen, CO requesting approval to amend
~he SPA Development Plan to allow community
groups to rent the f~lUty when It Is not In use
for youth programrnlng and to ~Iow summer
use 01 the kitchen as an accessory use to the
Rio Grande playing fields. The property Is
located on the Rio Grande property between
the P8fklng garage and the Pitkin County Jail.
For further Information, contact Leslie Lamont
at the AspenjPltidn Planning OfOe:e, 130S. Gale--
na. Aspen, CO 920-5100
s/John Bennett, Mayor
Aspen City Council
Published in The Aspen Times on September
2,1994
PUBlIC NOTICE
RE: W/J RANCH EMPLOYEE DWEWNG UNITS
SUBDIVISION EXEMPTiON FOR FULLY DEVEl.-
OPED LANDS AND A MAJOR PLAT AMEND~
MENT, AND EXPANSION OF NON.cONfORM-
ING STRUC1lJRES
NOTICE is HEREBY GMN that a public hear~
Ing wlU be held on Tuesday, Oct()ber 4, 1994 at
a resular meeting to begin at 5:00 pm ~e
the Board of COUl'lty Commjssloners, r 't
Courtroom, 506 E. Main St., Aspen to C Jr
an applicatJon submitted by Mr. Wilton .lallee,
Jr., requesting Subdivision exemption for Fully
Developed Lands and a Major Plat Amenclment,
and Expansion 01 NonConlormlna Structures 10
convert the sixty-two (62) rental units of the
WjJ Ranch to deed-restricted employee owner
housing units. The property Is located In the
. NOTICE OF PUBUC TRUSTEE SALE NE4 SE4 of Section 21, and NW4 SW4 of Section
Public Trustee No. 94-11 22, 'township 9 South, Range 85 West of the 6th
To Whom It may Concern: This Notice Is P.M. For further Information contact Ellen Sas--
given with regard to the follOWing described sano at the AsperVPltkln PlanninS Office. 920:-
Deed of Trost: 5098.
Grantor (Borrower): Maco Stewart s/Robert W. Child, Chairman
Original Beneficiary: Colonial Investment Co,. Board of County Commlssloner:s'
poratlon Current Owner of the Evidence of Published In The Aspen Times on September.
Debt: Colonial Saving. FA .', . 2. 1994 .
<~;~S~~,,~~~~~~.f.;~~~~p~~J!~'~l3i~lc#i;~~~;,;~,,~:':::;";" ~,~~:I'fU.I~t.... "''''.'- >.,
. " . .:""",;r.,,, ,?' '....... :0', '::;\',:;".,\.... .. .;j.~.;:"l;~,~tl::Z':'j;:i':..~;f:\.\i'.!1~f.::;.:i:,;!:~r;#~i.}::<<,t,:':':,o.,:-h'i ie,
Nancy B. Adams'
. Cle.rkol the Court/Deputy Clerk
Published In The Aspen Timet September 2,
9. and 16, 1994.
'_;';~"" ~i"\
^
~
MEMORANDUM
TO:
Mayor and council
THRU:
Amy Margerum, City Manager
FROM:
Leslie Lamont, Deputy Planning Director
DATE:
September 12, 1994
RE:
Consent Agenda - Permission for the Aspen Youth Center
to Submit an Application for an Amendment to the
Specially Planned Area Approval on the Rio Grande
Property
=================================================================
SUMMARY: The Aspen Youth Center
development application to amend the
operation of the Youth Center on the
is preparing to submit a
SPA approval for the use and
Rio Grande Property.
Before the Youth Center can submi t the land use application
requesting the amendments, Council must first grant permission to
file an application which includes City owned property.
The Youth Center proposes to expand the uses of the center beyond
the scope of youth only activities. Especially during the winter,
the center is not actively used by the youth and the Center' s Board
would like to offer a more broad base of activities for the
community.
Consent to submit an application does not imply an approval for the
project.
RECOMMENDED MOTION: lOr move to direct the City Manager to grant
permissi9n for the Aspen Youth Center to submit an application to
amend their SPA approval."
CITY MANAGER'S APPROVAL:
ATI'AC1lMENr 1
~" lAND USE APPLICA1'IOO FOBM r--,
1) ProjectNane PJI/eN YCU7M C/:3Yt/Tc~
2) Project IDeation ~:':T6 ;;:(;0 C?P/9A/P P?RC e
(irrlicate street address, lot & block I\I11l'i)A~, legal" description where
awr:q;riate)
3) Present Zoning "PuR LSpyqJ 4) lot Size "?: ,-SCUJ.f- F-r:!:
5) Applicant's NaJ!e, .l\ddress & BIone. 77JrPE/V "YOUTfi CeA/rez2,
PO, Bo:::r zr~66 ;9J/lSIV 9'25-- 709;
6) :Representative's Name, Address & BIone. Pe/Q)..2 y H/-;J/~ &iE" P"
S/ L/ .6F. H Y/J?pA/ 79J PcA/ 9' ;1/5 - 700 e
7) Type of Application (please dleck all that awlY):
Con:litional Use
__ coroepb:Ial SPA _ 0:n'Jepb:Ial Historic Dev.
~ Final SPA pnv:I"CfrPR/l7_ Final Historic Dev.
_ Special Review
8040 Greenline
_" CoOOeptual RID
Final IUD
Minor" Histaric Dev. "
"'
_ stream Mll:gin
Historic IleJIx:>lition
Moont:ain view p~
....--.... . .
o:>...........VJ.Sl.OI'l "
_ Historic Designation
. _ on3aniniumization _ TextjMap l'ImerrlIoont
_ lot SplitjIDt Line
Ad 'usbJent
J.
8) Description of Exist::i.n;J Uses (rnrilPr ani type of erist:inJ s1:ruct:ures;
arpraximate sq. ft.; rwmi-Pr of Le.h,.........,;any previoos awn:",als grant:ai to the
prq;lerty) . "
(, -SVDSY? Ff i:3&Ucl YCu{;X Cb/l~ a/;?j)/lOvrd'
, tI ' ,
5 P,z::; C /?I6lJ ~g c"/7l P T/cu:/
-'
'--- GQ; Allotment
- GQ; Exenptian
9)
Description of Develq::ment Application
" ChO/19,c' //7 t/~ Z7vJ{)cyh /)vhJ7ci70o/ Q/J.J1f/7dt.?'Y/;>C
70 F-/ro(S:P/7~/.J/;;>(7C1VO(' 7(j a//oW h/l~
[/Qfl c/ PoCI//;;; ~/J /7t{JT c'n ////2:7 a/ You?/?:
/ /'
Have ym attached the follCMin;f?
~ Response to Atta~m>=:lrt; 2, MiniJwm Snhnkc:ion a:ntents
~ Response toAtI:ad1ment 3, Specific Snhmi<;.c:ion a:ntents
-L Response to Attadlment 4, Review starrlards for YOllr Application
10)
,-,.
.1""\
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Attorney
Recreation Department
Leslie Lamont, Planning Office
Aspen Youth Center SPA Amendment
July 22, 1994
FROM:
RE:
DATE:
Attached for your review and comments is an application submitted by the Aspen Youth Center.
Please return your comments to me no later than August 19.
Thank you.
~"
i I
1'""\
~
ASPEN/PITKIN PLANNING OmCE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
July 22, 1994
Perry Harvey
514 E. Hyman
Aspen, CO 81611
Re: Aspen Youth Center SPA Amendment
Case A52-94
Dear Perry,
The Planning Office has completed its preliminary review of the captioned application. We
have determined that this application is complete. Please provide the letters of consent from
the City and the County by September 9, 1994.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, September 20, 1994 at a meeting to begin at 4:30
p.m. We have also scheduled this application for 1st Reading before the Aspen City Council
on Monday, October 10, 1994 at a meeting to begin at 5:00 p.m. Second Reading and Public
Hearing will be on November 14, 1994. Should these dates be inconvenient for you please
contact me within 3 working days of the date of this letter. After that the agenda dates will be
considered final and changes to the schedule or tabling of the application will only be allowed
for unavoidable technical. problems. The Friday before the meeting dates, we will call to
inform you that a copy of the memo pertaining to the application is available at the Planning
Office.
Please note that it is your responsibility to mail notice to property owners within 300' and to
post the subject property with a sign at least ten (10) days prior to the public hearing by the
Planning Commission. Please submit a photograph of the posted sign as proof of posting and
an affidavit as proof of mailing prior to the public hearing.
Please note that the current concessionaires cannot advertise, as they have begun to do.
If you have any questions, please call Leslie Lamont, the planner assigned to your case, at 920-
5101.
Sincerely,
~
su~n~
Administrative Assistant
"",.ph