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HomeMy WebLinkAboutcoa.lu.sp.Youth Center.A5294Aspen Youth Center SPA Amendment A52-94 3ccc.�-�.u.c1 Sl PI A ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (a (303) 920-5090 LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications 2- -63320-141 All 1 Step Applications -63330-150 Staff Approval _ -63432-157 Zoning Plan Check -63432-157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -53450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing 00125-63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL Z ' k5peb' G o ��� ! 7 7 �_%C� / Name: ><� Phone: Address: Project: 5 Check #: Date: No of Copies: / a 14 CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 07 15 94 PARCEL ID AND CASE NO. DATE COMPLETE: - - - A52-94 STAFF MEMBER: LL PROJECT NAME: Aspen Youth Center SPA Amendment Project Address: 455 Rio Grand Place Legal Address: APPLICANT: Aspen Youth Center Applicant Address: Box 8266 REPRESENTATIVE: Perry Harvey 925-7000 Representative Address/Phone: 514 E. Hyman Aspen, CO 81611 FEES: PLANNING $ 2119 # APPS RECEIVED 5 ENGINEER $ # PLATS RECEIVED 5 HOUSING $ ENV. HEALTH $ TOTAL $ 2119 TYPE OF APPLICATION• STAFF APPROVAL: 1 STEP: 2 STEP: X P&Z Meeting Date PUBLIC HEARING: YES NO lO/ ! O VESTED RIGHTS: YES NO CC Meeting Datel' f I PUBLIC HEARING:, YE NO VESTED RIGHTS: NO DRC Meeting Date REf E LS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning School District Rocky Mtn NatGas CDOT Clean Air Board Open ISpace Boar OtherLG I gy L, .' Other DATE REFERRED: L �' INITIALS: L DUE: 4 FINAL ROUTING: DATE ROUTED: INITIAL:rqV Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Ener Center City Atty City Engineer Housing Open Space FILE STATUS AND LOCATION: Zoning Env. Health Other: Lawyers . A Professional Corporation TIMOTHY McFLYNN . MARTHA C. PICKETT JEANNE C. DOREMUS January 2, 1997 TIMOTHY E. WHITSITT . also admitted in California Sara Thomas City Zoning Officer Community Development Department 130 S. Galena St. Aspen, CO 81611 Re: The Aspen Youth Center Dear Sara: Aspen 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 THE SMITH-ELISHA HOUSE vocational lab for students in the Aspen School District as stipulated in Ordinance 319, 1995, Section 1, Item 3, please be advised that the Lessee of the diner, i.e., the 320 WEST MAIN STREET Underground, has been working with the Aspen High School, particularly with Karen ASPEN CO 8 1611 Angus, a counselor, and a pilot program has been developed and will be implemented for the second semester. In addition, the Lessee has employed high school student Id 970 925 2211 the past two summers. fax 970 925 2442 Lastly, please be advised that the Agreement for the Lease of the operation onail mpdw(&rof.net of the diner at the Aspen Youth Center does contain a condition stating that the Lessee will offer vocational courses for students of the Aspen School District and that the diner will be operated as an educational extension of the school to the . Snowmass Village greatest extent possible. ANDERSON RANCH 5131 OWL CREEK ROAD POST OFFICE BOX 6157 SNOWMASS VILLAGE CO 81615 tel 970 923 2211 fa, 970 923 0760 onail mpdwsnowC&rof.net • • 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. Sincerely, McFLYNN PICKETT DOREMUS & WHITSITT, P.C. By. U � j dU l eanne . Do emus V e Chairpers n of Aspen Youth Center Bo - ctors JCD:klm cc: Aspen Youth Center Board of Directors Rhonda J. Bazil, Esq. j:\aspenyth\thomas.1tr *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 tobacco products:, acid fQr oneupose .flf .proid3rig a cnrtt��2iy- (e) Lessee shall not sell, convey, transfer, subleaser 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, (")mpany, corporation, 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 nbt I d' nq a subs eas�)jl without the Written consent of the Lessors, except as provided herein, either voluntarily or by operation of law or otherwise, or, 1 C:\WP51\AYC\LEASE.AGR JAN 02 '97 05:44CFLYNN & PICKETT • P.11 APZ MCFL'YNN PICKETT DOREMUS & WHYTSITT, P.C. The Smith-Elisha House 320 West Main Street Aspen, CO 81611 Teleptene: (970) 925-2211 Facsimile: (970) 925-2442 Date: January 2,1997 Fax No.: 920-5439 TO: . Sara Thomas FROM: Jeanine C. Doremus, Esq. RE: The Aspen Youth Center AwMeago 'r o e Letter - 2 pages Anderson Ranch 5131 Owl Creek Road Snowmass Village, CO 81615 Telephoue: (970) 923-2211 Facsimile: (970) 923-3129 TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: 3 MESSAGE: 1 / ad Important: This communication is intended solely for the use of the persons named above or others authorized to receive it. This communication may Include privileged and confidential information and any use, dissemination or reprodisetioe by Unauthorized persons is absolutely prohibited. If you have received this coundlRicstion in error, plagglojokuWy the sender immediately. axesWeaver.sht JAM 021' '97E5:40P CFLYNN >K PICKETT • LklPjrrr. APr4fov-01 CM1014110n W 'Arl IYNN ' qL^,-4F r..:)oRF.Mus January 2, 1997 i'I+fi i M 1Y L. %Vt 11TR71' Sara Thomas City Zoning Officer Community Development Department 130 S. Galena St. Aspen, CO 81611 Re: lRen YOythjc r_ Dear Sara; P.2 In response to your letter to Eric Brendlinger dated December 17, 1996, with r respect to whether the Aspen Youth Center kitchen (" diner"} is being utilized as a It: 544rI I -I: ISt•IA H01151: vocational lab for students in the Aspen School District as stipulated in Ordinance 319, 1995, Section 1, Item 3. please be advised that the Lessee of the diner, i.e., the t ill W;i'! tiIAP� s=D1 iT Underground, bw been working with the Aspen High School, particularly with Yvaren Angus, a counselor, Gild a pilot program has been &-veloped and will be implemented for the second semester, In addition, the Lessee has employed high school student the past two summem. Lastly, please be advised that the Agreement for the Lease of the operation . •': R'(if�'NUr'.1<<RCI of the diner at the Aspen Youth Center does contain a condition stating 'that the Lessee will offer vocational courses for students of the Aspen School District and that the diner will t>e operated as an educational extension of the school to the ,•.�v. '''-,r greatest extent possible. >'Ili:q'4IN kdW.F'• i I i ! mn. C.RCEK RGAO K itiT rj; -C.r: ROX O15F yti(S11^43.4`,S VIU.AO." C:1 a1611 .n 0711rU2571tI I . yitl'1:8 O�RU r...i '.npCµ5Ml�Nifr O� t,kl JAN 02 197 05:41 VC FLYNN & PICKETT 0 P.3 Sara Thomas January 2, 1997 Page 2 If you should have any questions ar need additional information, please feel free to contact me at 925-2211. Sincerely, MCFLYNN PICKETT DOREMUS & WHTTSITT, P.C. Doremus of Aspen Youth Center JCD:kim cc: Aspen+ Youth Center Board of Directors Rhonda I. Bvil, Esq. jAaspenythVh-88-1tr • December 17, 1996 Eric Brendlinger Aspen Youth Center 455 Rio Grand Place Aspen. CO 316111 Dear Eric, ASPEN • PrrKIN comet wy DEVELOPMENT DEPARTMENT 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 kitchen hill operate cis 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 kitchenidiner shall state the operator shall offer vocation courses for students of the Aspen School District and to provide opportunities for employment 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 92-0- 5104. .Sincer�, Sara Thomas City Zoning Officer cc: Stan Clauson, Community Development Director 130 SOLTH GALENA STREET • ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 - FAx 970.920.5439 Pnnted on Recycled Papa • a V11 a►.. MEMORANDUM TO: Mayor and Council THRU: Bill Efting, A ing City Manager THRU: Stan Claus , rector Community Development FROM: Leslie Lamont, Deputy Director DATE: April 10, 1995 RE: Amendment Specially Planned Area Final Development Plan - Aspen Youth Center - Second Reading Ordinance 3, Series 1995 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; and! ! 11i �,. * fee waiver request.` The memo of March 13, 1795 is attached for Council's update. 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, Exhibit 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. The sub -lease also cross references Ordinance 3, 1995. • B. Accessory Uses The diner has been considered by the Youth Center. Accessory uses all zone districts in the City. accessory uses and whether there types of uses within the zones. staff to be an accessory use to are allowed as permitted uses in Council requested a review of the is potential for abuse of these 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 principal 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. 6 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 of 1995 on second reading amending the 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 H amended Ordinance 3, Series final SPA development plan 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"). W I T N E S S E 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, THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties agree as follows: 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. 2. Term. The term of this agreement shall be for a period of time 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 Occupancy, Acceptance 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. percent of the gross revenues from any special event which is catered either on the Premises or outside the Premises. 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 Damage 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. Accounting 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 (not the kitchen) during times when the Operator is not open for business. 9. Equipment. 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 Property. 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 interests 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 Liability 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 4 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 by 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 5 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. Repairs and Alterations by 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. Assignment of Agreement. 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. Signs 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 by Operator 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 N. 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 Remedy 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 Rights. 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 by 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, 7 • • 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. 0 • • 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. Binding Effect. All of the terms and conditions as contained in this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 35. Controlling 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 Agreement. 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, the parties through their duly authorized representatives, have executed this lease upon the dates as set forth herein. Attest: Secretary OPERATOR: LANDLORD: ASPEN YOUTH CENTER By: 0j President Exhibit "A" Equipment List 1 C:\WP5I\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 space/bedroom 2. Residential use: N/A 3. All other uses: Requires special review pursuant to Article 7, Division 4. Sec. &220. Public (PUB). A. Purpose. The purpose of the Public (PUB) zone district is to provide for the develop- ment of governmental and quasi -governmental facilities for cultural, educational, civic and other governmental purposes. 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; 10. 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. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted conditional uses in the Public (PUB) zone district shall be set by the adoption of a Supp. No. 1 1652.10 M % LAVD USE REGULATIONS § 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. 1. 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, § 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 occurring or manmade landscape features which provide visual relief and enjoyment while reflecting or presenting commuribf a-tistic 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 m;nimize disruption of e�dsting natural conditions. B. Permitted uses. The following uses are permitted as of right in the Open Space (OS) zone district. 1. Paved and unpaved walkways; 2. Benches; 3. Sculpture; 4. Water features such as ponds, streams or fountains; 5. Architectural lighting and downcast low -illumination lighting for walkways and trails; 6. Sculptured or manicured landscape features; 7. Fencing. C. Conditional uses. None. (Ord. No. 13-1991, § 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 133 1994 CONTACT: PERRY HARVEY 514 E. HYMAN AVE. ASPEN, CO, 81611 (303) 925-7000 I 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. 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 M herein. 1 :1 II. BACKGROUND 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. K 0 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 (CIVIC) 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 j causing undue financial strain on the Center and those who are responsible for the facility. 3 �Q IV. REQUESTS 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 maintenance costs inherent in the facility. 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 programs 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 4 impacts are negligible. This request is not for any expansion of the facility. It is merely a request to use the building to the degree that was assumed and anticipated at the time of the granting of the original approval. 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 Youth 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. 5 • n u V. FORMAL REQUESTS 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. 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 granting 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. 0 0 %A1 MEMORANDUM HIBIT D TO: Mayor and Council THRU: Bill Efting, Acting City Manager W THRU: Stan ClausonDirector Community Development FROM: Leslie Lamont, Deputy Director DATE: March 13, 1995 RE: Amendment Specially Planned Area Final Development Plan - Aspen Youth Center - Second 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 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. 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 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 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 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 ISSUES: A. Staff Comments: Pursuant to Section 24-7-804 E.2. - modifications to the final development plan shall be approved 2 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 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 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 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. 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. , a retail feed establisliment ether than en site age ee sistent with the eity sign eede—. 4. The City Attorney's office may shall have the right 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. Applicant's 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 .45PE1�I YOUTH CENTER • USE. FEE SCHEDULE 8P/6 T V. Rwm- s pu- - . -� T (� j�cvm •t �ytr� Pcom — knove cver or elo ►n che— U� move- over or down 'I ►^ ' cr �dw� � -1A r �.� ���- �v► � �in c1 -- rYlove die r- b00 'd d31NN H1nQA 'N3dSY WOdd �'� MASON & MORSE R E A L E S T A T E October 26, 1994 Ms. Leslie Lamont Community Development Dept. CITY OF ASPEN 130 S. Galena Street Aspen, CO 81611 Dear Leslie: . Thank you for taking the time to meet with me regarding the request for a SPA Amendment for the Youth Center. When the Planning and Zoning Commission tabled the application, there were two issues of concern. The first was the potential use of the Youth Center building for commercial and for profit events which were unrelated to the Youth Center. Planning & Zoning wants clearer criteria for use of the Center. The second Issue Involved the food service in the diner donated and initially operated by Boogies. Having heard these concerns, the Youth Center Board proposes the following solutions. Regarding use of the facility we will incorporate language into the lease for the land with the City which will ensure that no for profit or commercial use shall be allowed other than uses sponsored by the AYC and intended to raise funds for the Center. Thus, the use of the Center will 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 are designed as fund raising efforts for the Youth Center. We 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 Grande Park in the months of May through September. The conditions for the restaurant use will include: • An operator will run the kitchen and diner paying rent to the AYC. • Youth will be employed or provided internships during the school year. • Food for AYC youth programs will be provided at cost. • The diner will have a reasonable price structure to ensure affdrdability by youth and families. • Any special events catered by the diner operator will provide a percentage of revenues to the AYC as a direct funding mechanism for the center. Thus, a percentage of profits will be returned to the AYC. 514 EAST HYMAN AVENUE ASPEN, COLORADO 8161 1 (303)925-7000 FACSIMILE: (303) 925-7027 `1 Letter To Ms. Lamont October 26, 1994 Page Two • The operator is offering a cooking and restaurant management class through the Aspen School District. Attached is a letter of support from Toni Farrell, Superintendent of the School District, and a proposed outline of the class. Item VI Involves the real world experience of serving food, greeting customers and service.. • The lease between the AYC and the operator will be substantially In the form of that used at Iselin Park, except for rental rates and restrictions on months of use, and will be reviewed and approved by the City of Aspen Attorney. The Youth Center Board feels this use program will make the kitchen and diner a true community asset. The behefits to the youth of the valley will be many, Including the level of activity generated at the Center, the opportunity for employment, the opportunity for real life resort training In the food service industry and the real economic potential for the Center. The success of this asset as an accessory use to the AYC to the park will create pride, in the youth and in the entire community. I hope this letter answers your concerns and those of the Commissioners and will allow us to move forward Into a new and exciting era for the Aspen Youth Center. Sincerely, /Xww�-J7- L Perry A. Harvey Broker Associate MASON a MORSE PAH:kng REAL ESTATE 11 ASPEN School District M. 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-t— k-I Tom Farrell Superintendent /vd 0235 High School Road • Aspen, Colorado 81611 303/925-3460 • Fax 303/925-5721 • EXHIBIT D MEMORANDUM To: Leslie Lamont, Planning Dept. 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. Z"� MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Stan Clauson, Director Community Development 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. 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 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 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 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 2 • 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 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 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 (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 7� 0 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,r C. Permitted & Conditional Uses Public Zone D. Referral Comments r • 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 techniques 4. Weights and measures III.MARKETING AND RESTAURANT LAW 1. Planning and zoning regulations 2. Market study 3. Advertising 4. Workers compensation 5. Labor laws 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. Degiazing and reductions c. Butter and cream sauces 7. Starches a. Types b. Principles of cooking 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 I. 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. H-igh or low volume 2. Fast food or High end 3. Catering 4. Industry 5. Food Packaging 1A 0 0 0 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director DATE: November 1, 1994 RE: Aspen Youth Center - Specially Planned Area Amendment - Continued Public Hearing SUMMARY: The Commission tabled the public hearing of the Youth Center in order for the applicants to refine their request for an amendment 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 rletter spells out many caveats for the use of the kitchen. Most importantly, this new language will be included in the master lease between Aspen/Pitkin County and the Youth Center and all activities and user of the kitchen must be approved by Aspen/Pitkin County rAttorney'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 l APPLICANT'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 COMMENTS: Please see attached referral comments from the City Attorney, County Manager, and the Recreation Department, exhibit B. 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 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. 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 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. 2 I/ 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. Amendment - 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 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. 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 Aspen School 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 3 3 • • 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. RECOMMENDATION: Staff recommends approval of the amendment to the Youth Center final SPA approval with the following conditions: 1. All activities shall be W a public nature or sponsored by the Youth Center to rd4s-� funds for the Center. 2. The City and County shall not be required to pa�rentfor use of the bui ng. P) a- y hh� 3 The kitchen will serve as an accessory use;to the Youth Center.. as a concessionaire to the Rio Grande Park! The lease for the concessionaire shall be structured pursuant to the lease used by the City at Iselin Park and will be open to the public only from May through September. ,'The1kitchen, on a year round basis, will pay rent to the Aspen YouthfCenter, employ or provide internships for youth during the school year, provide food for Aspen Youth Center youth programs at cost, establi h a reasonable price structure for affordability by youth and families, provide a • • percentage of revenues to the Aspen Youth Center if any special events are catered either in the Center or outside the Center. 4 . P - Any leases or uses of the Center by other user fera l flqk/ y review*d)by--�he City Attorneys office- 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 7i�s - �{- to I arc l - Ott - �1�� w� VC'S e�— - /' RC�cs, - ,zx 5� B 0 (--) 6' 5 0 • EXHIBIT A oj REQUEST FOR S.P.A. AMENDMENT JULY 1351994 CONTACT: PERRY HARVEY 514 E. HYMAN AVE. ASPEN, CO, 81611 (303) 925-7000 91 • RECEIVED JUL 2 6 13N City MaR:ger/Mayor's Office :\ Pitkin County July 27, 1994 AUG 1 7 i9d"4 Mayor Bennett and Council Members City of Aspen 130 S. Galena Aspen, CO 81611 Dear Mayor Bennett and Council Members: Pitkin County is aware of the application being made by the Aspen Youth Center Board of Directors for a substantial amendment to the SPA for the Youth Center. The County understands the Youth Center is seeking to expand the uses of the building beyond only youth oriented activities in order to maximize the use of this community facility. The County concurs with such an expansion so long as the included activities are of a public nature, e.g. sponsored by organizations established under 501(c)3. The County is aware that the Youth Center Board also wishes to amend the ground lease to reflect the final action on the application. The letter will serve as our permission as land r for the Youth Center Board to process the application, with the County reserving the right to review any final approvals. Si, h 0 W ; ( C wA&t Reid Haughey County Manager Ile OW /11YU cc: Perry Harvey, Aspen Youth Center Board �G� pcsem/wp/7.135 Administration 530 E. Main, 3rd Floor Aspen, CO 81611 (303) 920-5200 FAX 920-5198 t� printed on recycled paper County Commissioners Suite B 506 E. Main Street Aspen, CO 81611 (303)920-5150 County Attorney Suite 1 530 E. Main Street Aspen, CO 81611 (303)920-5190 la"td M'W� 14,u Personnel and Finance Suite F 530 E. Main Street Aspen, CO 81611 (303)920-5220 Transportati Facilities 76 Service Center Road Aspen, CO 81611 (303)920-5390 9A MEMORANDUM To: Leslie Lamont, Planning Dept. 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. Z"' • . EXHIBIT B MEMORANDUM THE Cn-Y OF ASPEN CITY ATTORNEYS OFFICE TO: Leslie Lamont FROM: John P. Worcester DATE: 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 permit any 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. 1 1,IV 8. Proteins: Identification and cooking techniques a. Poultry e 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. H.igh or low volume 2. Fast food or High end 3. Catering 4. Industry 5. Food Packaging 0 EXHIBIT D PUBLIC NOTICE RE: ASPEN YOUTH CENTER FINAL SPECIALLY PLANNED AREA AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 20, 1994 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 the facility 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 slJohn Bennett, Mayor Aspen City Council Published in the Aspen Times on September 2, 1994 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account 4-1 In g 13 0 19 � - 5 tv �'b 0 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 space/bedroom 2. Residential use: N/A 3. All other uses: Requires special review pursuant to Article 7, Division 4. Sec. 5-220. Public (PUB). A. Purpose The purpose of the Public (PUB) zone district is to provide for the develop- ment of governmental and quasi -governmental facilities for cultural, educational, civic and other governmental purposes. 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; 10. 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 f . ilrbov� cu,Z•C� S �t0. �'a..r—�S . 3. Satellite dish antennae D. Dimensional requirements. The dimensional requirements which shall apply to all permitted conditional uses in the Public (PUB) zone district shall be set by the adoption of a Supp. No. 1 1652.10 MASON & MORSE R E A L E S T A T E C�V July 14, 1994 Ms. Leslie Lamont Planning Department CITY OF ASPEN 130 S. Galena Aspen, CO 81611 Dear Leslie: Enclosed is the application from the Youth Center for the SPA Amendment. The letters of consent from the County and the City are missing but will be available prior to review. Thank you for your help on this and please call me if you need further information. Sincerely, MASON 8t MORSE REAL ESTATE y Perry Harvey Broker Associate PAH:kng 514 EAST HYMAN AVENUE ASPEN, COLORADO 81611 (303)925-7000 FACSIMILE: (303) 925-7027 Satu►day-Sunday, Sepll;tltber A, b!,4 • Re Aspen l'Inies 15-U Public Notice NOTICE OF PUBLIC TRUSTEE'S SALE Only contractors who are Qualified by the lion recorded July 23, 1991. in Book 652 at Page INTRODUCED, FIRST READ, AND SET FOR Recording Date of Deed of 'Trust. October 28, NO. 94-10 City shall be allowed to request plans and for 307 and First Amendment recorded April 27, 1992, In Book 675 at Page 821, PUBLIC HEARING AT THE REGULAR MEETING ON THE 30th DAY OF AUGUST, 1994. 1980 Original Principal Amount of Evidence of TO WHOM IT MAY CONCERN: This Notice Is specifications and submit bids this con- struction. being all of the property encumbered by the NOTICE: OF PUBLIC HEARING PUBLISHED IN Debt: $72.000.00 given with regard to the following described Specifications and forms for preparing bids Deed of Trust. THE ASPEN TIMES ON THE 2ND OF SEPTEM- Outstanding Principal Amount of Evidence of Deed of Trust: Original Grantor of Deed of Trust (Borrow- may be obtained at the office of Aspen City Hall, Department of Public Works, 130 S. Galena THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN. BER, 1994, Copies of the proposed ordinance/resolution Debt as of the date hereof $63.087.72 County of Recording: Pitkin er): Shadow Mountain Equities Inc., a Colorado Street. Aspen, Colorado, 81611 or Leonard Rice THEREFORE, notice is hereby given that I are available for public Inspection from 8:30 am Book and Page No. or Reception No. of - corporation Original Beneficiary of Deed of Trust: First Consulting Water Engineers, Inc., 2401 Fil- teenth Street, Suite 300, Denver, Colorado, will, at 10:00 o'clock a.m. on the 7th day of September, 1994, at the south front door of the . to 4:30 pm In the office of the Clerk and Recorder, 530 E Main Street, Aspen, Colorado. Recorded Deed of Trust: in Book 398 at Page 92 Legal Description of Real Property: National Bank of Freeport Current owner of the evidence of debt 80231 after August 24, 1994. A non-refundable deposit of Forty Dollars ($40.00) will be Pitkin County Courthouse, 506 East Main Street, Aspen, Colorado 81611, sell at public Phone 920-5190. Jeanette Jones, Deputy County Clerk Condominium Unit 6, AJAX CONDOMINIUMS, formerly described as Manor House Condo- secured by the Deed of Trust: First Bank North required for each set. auction to the highest and best bidder for cash, Published In -The Aspen Times on September miniums, as shown on the Plat thereof record - F K A First National Bank of Freeport All bids must be accompanied by a certified the real property of Grantor, and the heirs and 2, 1994. ed in Plat Book 7 at page 20. and as shown on Date of Deed of Trust: May 16, 1995 Recording Date of Deed of Trust: May 24, check payable to the City of Aspen In an Bid, assigns of Grantor, for the purpose of paying Indebtedness by the Deed of Trust, INVITATION TO BID the Map of the Ajax Condominiums, former described as Manor House Condomin 1995 amount of at least live percent (5%) of the drawn on a bank which is a member of the Fed- the secured attorneys' fees, and expenses of sale, and will Sealed bids will be received at City of Aspen, recorded In Plat Book 7 at page 61, and as . County of Recording: Pilkin County, CO Reception No. of Recorded Deed of Trust: eral Reserve System or a Bidder's Bond on the bond deliver to purchaser a Certificate of Purchase, by the laws of the State of Col- 130 S. Galena St., Aspen, CO. 81611. Attn: Richard Coulombe until 2 p.m., Wednesday, fully described In the Condominium Decl lion thereof recorded November 6, 1978 in 268432 City's Form In like amount. The check or will be retained by the City as liquidated dam- as provided orado. September 7, 1994, at which time the bids will Book 357 at page 660. County of Pitkin, State of Book and Page of Recorded Deed of Trust: Book No. 486 Page No. 628 ages If the successful bidder refuses or falls to Pay- Dated this 21st day of July, 1994. Thomas Carl Oken, Public Trustee of the be publicly, opened and read aloud, for the l04 lowing City of Aspen project: #13 Fairway Colorado. SUBJECT to the terms, conditions and obllga- YOU ARE HEREBY NOTIFIED that the under- enter Into a Contract and Performance, merit and Maintenance Bond in accordance County of Pitkin, Colorado Bunker Re Design. The project will Include, but tloos of said Condominium Declaration. which slgned as the legal owner of an Evidence of with his bid when notified of the award. Carol L Foote, Deputy Public Trustee Is not limited to sod removal, shaping, sand has the address of Aspen, Colorado 81611. Debt, dated May 16, 1985, In the original princi_ The extent of the work Is approximately as Attorney for Owner of Evidence of Debt: placement and re -sodding. THE PROPERTY DESCRIBED HEREIN IS ALL pal amount of $3(IO,Olq.00 dollars and which Is nt nt follows: Stephen R. Connor, P.C. Complete Bid Packages are available from the OF THE PROPERTY ENCUMBERED BY THE secured the Deed of Trust described above, Schedule 1: 600 East Hopkins, Suite 301 City of Aspen, Colorado, for $ -per set (non- LIEN OF THE DEED OF TRUST. has filed written election and demand for sale • Furnish and install manholes: 2 EA Aspen, Colorado 81611 • (303) 925-9190 refundable), or may be viewed at the office of THE LIEN FORECLOSED MAY NOT BE A as provided In said Deed of Trust. The out- stag principal balance (exclusive of Inter- standing • Furnish and Install 6' x 6' junction vaults: 2 First Publication: August 5, 1994. last Publication: September 2, 1994, the Aspen Golf Department located at 585 Cemetery Lane. FIRST LIEN Colonial Savings, F.A., the owner of the Evi- any other charges properly allowable and wable EA • Furnish and Install 36" Vylon PVC pipe: 368 Published in The Aspen Times August 5, 12, Each bid must be accompanied by Bid Securl- dence of Debt secured by the Deed of Trust under the documents evidencing saidest linear feet 19, 26 and September 2, 1994. ty to Include a bid bond or certified check described herein, has filed written election and due and owing upon the Evidence of Debt • Miscellaneous work and material made payable to the City of Aspen In the demand for sale as provided by law and fit said secured by the above -described Deed of Trust Schedule II: NOTICE OF PUBLIC HEARING amount of live percent (5%) of the Bid. The Bid Deed ovrrust. being foreclosed is $268,750.18 as of July 19, • Furnish and Install 36" 'Vylon' PVC pipe: PLEASE TAKE NOTICE: That the Board of Security accompanying the three lowest THEREFORE, Notice Is Hereby Given that 1994. The following described property Is all of the 220linear feet • Miscellaneous work and material County Commissioners of Pitkin County, Col- orado will conduct a public hearing on the lot responsive and responsible bids may be held until the Contract Is awarded. The Bid Security will, at 10:00 o'clock In the forenoon of October 12, 1994 , at the South front door, Pitkin County property encumbered by said Deed of Trust: UNIT 1, USE WEEKS 1, 7, 9, 37. 38, 43, 44, 45 A pre -bid meeting is set at the Aspen City Publle Works for 1:00 lowing resolution on SEPTEMBER 13, 1994 at 5:00 at the Board of County Commission- accompanying the other proposals shall be returned promptly after the bid prices have Courthouse, 506 East Main, Aspen, Colorado, sell at public auction to the highest and best AND46 Hall, Department of p.m. Tuesday, August 30, 1994. Attendance is pm, ers Meeting Room, Pitkin County Courthouse, been compared and evaluated. bidder for cash, the said real property and all UNIT 4, USE WEEKS 10 AND 20 UNIT 8, USE WEEKS 8,15 AND 43 MANDATORY for submitting a bid for this con- 506 E Main Street, Aspen, Colorado, at which time and place all members of the public may A pre -bid conference will be held a the Aspen Golf Office located at 585 Cemetery lane, at I I interest of the said Grantor(s) Grantor(s)' heirs and assigns therein, for the purpose of UNIT 11. USE WEEKS 2, 3, 13, 37, 44 AND 45 13, 14, structioa Bids may not be withdrawn for a period of appear and be heard: a.m., Tuesday, September 6, 1994, Attendance paying the indebtedness provided in saigiftik ' UNIT 12, USE WEEKS 7, 12. forty-five (45) days after the time fixed for clos- A RESOLUTION OF THE BOARD OF COUNTY at the pre -bid conference is mandatory unless dence of Debt secured by the Deed of 15,21,36.37,38.40.43 AND 44 SHADOW MOUNTAIN LODGE AT ASPEN, Ing them. The Owner: reserves the right to COMMISSIONERS OF PITKIN COUNTY, COL- ORADO, SUBMITTING TO 'THE ELECTORATE prior authorization Is given by the City's Pro- ject Coordinator. plus attorneys' lees, the expenses of sal other Items allowed by law, and will deliver to according to the Amended Condominium Map waive Irregularities or to waive technical defects accordingly so that the best interest of AT AN EJECTION TO BE HELD ON NOVEMBER The City reserves the right to reject any or all the purchaser a Certificate of Purchase, all as thereof recorded August 28, 1985 In Plat Book 17 at Page 73, and according to the Condominl- the City may be served; may reject any and all bids; and, shall award the contact to the lowest 8, 1994, SEVERAL LOCAL GOVERNMENT MAT- TERS ARISING UNDER SECTION 20 OF ARTICLE Bids or accept what is, In Its judgment, the Ifid which is in the City's best Interest. The City fur- provided by law THE LAW FIRM OF BURKE & CASTLE, P.C. IS um Declaration for the Shadow Mountain Lodge at Aspen, recorded October 29, 1984 in responsible bidder as determined by the X OF THE STATE CONSTITUTION AND ARTICLE XIII OF THE PITKIN COUNTY HOME RULE ther reserves the right, in the best Interests of the City to waive any technical defects or irreg- ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION"OBTAINED WILL BE USED FOR Book 475 at Page 783 and Amendment thereto Owner. BY ORDER OF THE CITY OF ASPEN CHARTER. ularities in any and all Bids submitted. THAT PURPOSE. recorded August 26, 1985 in Book 493 at Page FIRST PUBLICATION: August 26, 1994. The questions to be submitted to the elec- The Bid and Bid Security must be placed In Dated August 22, 1994. 604 COUNTY OF PrFION, STATE OF COLORADO SECOND PUBLICATION: September 2, 1994. Published In The Aspen Times August 26 and torate Include, but are not limited to the follow- Ing topics: Transportation Revenue Bonds, one envelope securely sealed therein and labeled: "Biel for 113 Fairway Bunker Re- Judy James, Deputy Public Trustee In and for the THE LIEN OF THE: DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN. THEREFORE NOTICE 6 HEREBY GIVEN that 1 September 2, 1994. Realignment of State Highway 82, Transitway System on Moore Open Space, Pitkin County Design." In addition to price, the criteria set forth in County of Pitkin, Colorado. First Publication: September 2, 1994. P bpi 1 Se be 30 1994 will, at 10:00 o'clock a.m., on the date of September 28, 1994, at the Pitkin County Court- house, 506 East Main St. ,Aspen, Colorado, sell at public auction to the highest and best bid- der (or cash, the real properly described above, and all Interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the indebtedness provided In said Note and Deed of Trust, attor- neys' fees, and the expenses of sale, and will deliver to the purchaser a Certificate of Pur- chase, all as provided by law. Date: August 8, 1994 Thomas Carl Oken Public Trustee of the County of Pilkln, Slate of Colorado .: ! :nnl:c•iion A,ftc: August 26 !91.1 Last Publication Dale: September 23, 1994 By: Judy Jamer, Deputy Public Trustee ATTORNEYS: Patrick D. McAllister, Esq. David L. L.enyo, Esq. GARFIELD & HECHT. P.C. 601 Fast Hyman Avenue, Aspen, CO 81611 (303) 9251936 Published in The Aspen Times August 26 and September 2, 9, 16, and 23, 1994. DISTRICT COURT, PITKIN COUNTY, COLORADOCase No. 94 CV 45-3SUMMONS BY PUBLICATION LAUREL. P. PACE and JEAN M. PACE, Plaintiffs; vs. PAUL B. RITTER and RICHARD MALIJEWSKI also known as RICHARD MALIEVSKY; Defen- dants. THE PEOPLE OF THE STATE OF COLORADO, TO THE ABOVE -NAMED DEFENDANT(S): You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court In this action, by filing with the Clerk of this Court an Answer or other response. You are required to file your Answer or other response within 30 days after the service of this Summons upon you. Service of this Summons shall be complete on the day of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court. If you (ail to file your Answer or other response to the Complaint in writing within 30 days after the date of the last publication, judg- ment by default may be rendered against you by the Court for the relief demanded In the Complaint without further notice. This is an action to quiet title to the following real property situate In Pitkin County, CO: Lot 6 of the AABC Rowhouse Subdivision, a Resubdivision of Lot), Block 7, Amended and Restated Plat of the Aspen Airport Business Center Filing No. 1, 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 limitations contained In that Declaration of Covenants, Conditions and Restrictions for the AABC Rowhouse Subdivi- sion recorded In Book 530 at Page 928 of the records of the Pitkin County Clerk and Recorder. Dated: May 9, 1994 Published In the Aspen Times First Publication: August 26. 1991 Last Publication: September 23, 1994 BY: G A. Wright 0I0028. Attorney for the Plaintiffs 201 North Mill Street, Suite 106, Aspen, CO 81611 Telephone: 303-925-5625 Published 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 Garmisch Street Storm Sewer Upgrade" Specifications No. 976ASTOI will be received by the City of Aspen, at the Depart- ment of Public Works, 130 S. Galena Street, Aspen, Colorado, 81611, until 1:00 p.m., Tues- day, September 6, 1994, at which time and place, bids will be publicly opened and read aloud In the presence of bidders or their duly authorized representatives. NOTICE TO BIDDERS Sealed Proposals in single envelopes endorsed, "City of Aspen Water Department - Puppy Smith Street Water Line Replacement" Specifications No. 980AWT05 will be received by the City of Aspen, at the Department of Put, lic Works, 130 S. Galena Street, Aspen, Col- orado, 81611, until 2:00 p.m., Tuesday, Septem- ber 6, 1994, at which time and place, bias will be publicly opened and read aloud In the pres- ence of bidders or their duly authorized repre- sentatives. Only contractors who are Qualified by the City shall be allowed to request plans and specifications and submit bids for this con- struction. Specifications and forms for preparing bids may be obtained at the office of the Aspen City Hall, Department of Public Works, 130 S. Galena Street, Aspen, Colorado 81611 or Leonard Rice Consulting Water Engineers, Inc., 2401 Fif- teenth Street, Suite 300, Denver, Colorado, 80231 after August 24, 1994. A nonrefundable deposit of Forty Dollars ($40.00) will be required for each set. All bids must be accompanied by a certified check payable to the City of Aspen In an amount of at least five percent (5%) of the Bid, drawn on a bank which Is a member of the Fed- eral Reserve System or a Bidder's Bond on the City's Form In like amount. The check or bond will be retained by the City as liquidated dam- ages if the successful bidder refuses or falls to enter into a Contract and Performance, Pay- ment and Maintenance Bond In accordance with his bid when notified of the award. The extent of the work Is approximately as follows: • Furnish and install 425 linear feet 8" D.I.P. • Furnish and install 2 fire hydrants • Miscellaneous work and material • Remove and abandon gate valves at Mill and Puppy Smith Streets A pre -bid meeting is set at the Aspen City Hall, Department of Public Works for 2:00 p.m. Tuesday, August 30, 1994. Attendance is MANDATORY for submitting a bid for this con- struction. Bids may not be withdrawn for a period of forty-five (45) days after the time fined for clos- Ing them. The Owner: reserves the right to waive irregularities or to waive technical defects accordingly so that the best interest of the City may be served; may reject any and all bids; and, shall award the contract to the low- est responsible bidder as determined by the Owner. BY ORDER OF THE CITY OF ASPEN FIRST PUBLICATION: August 26, 1994. SECOND PUBLICATION: September 2, 1994. Published in The Aspen Times August 26 and September 2, 1994. NOTICE OF PUBLIC TRUSTEE SALE NO. 94-9 TO WHOM IT MAY CONCERN: You are hereby notified that the holder of the Indebtedness secured by the Deed of Trust herein described, has filed a Notice of Election and Demand for Sale in accordance with the provisions of the Deed of Trust and pursuant to the laws of the State of Colorado. The Deed of Trust being foreclosed is described as follows: Deed of Trust From Grantor: Nell L Johnson To the Public Trustee of: Pitkin County Current Owner of Evidence of Debt Secured by the Deed of Trust: Alpine Bank; Snowmass Village Original Principal Balance: $85,000-00 Present Principal Balance: $83,744.83 Dated: December 28, 1992 Recorded: December 30, 1992 In Book: 699 At Page: 266 As Reception No.: 352395 The Deed of Trust encumbers the following described real property situate in the County of Pitkin. State of Colorado, to wit: Condominium Unit 1324, Building 13, Moun- tain View Permanent Moderate Housing Condo- miniums, according to the Map thereof piped for record July 23, 1991. fit Plat Book 26. at Page 99, and according to the Condominium Declara- Revenues, Pitkin County 1993 Revenues, Pitkin the Instruction to Bidders and any specific cri- Last u cat on. ptem r County Library Revenues teria listed below, may be considered In judg- Published In The Aspen Tines September 2, Copies of the proposed resolution are avail- Ing which Bid Is in the best Interests of the 9, 16, 23 and 30. 1994. 1 8 30 4B0 CIL able for public inspection rem . am to . y. pm In the office of the Clerk and Recorder, 530 Bids may not be withdrawn for a period of E Main Street, Aspen, Colorado. Phone 920- thirty (30) days after the time fixed for dosing 5180. them. Jeanette Jones BY ORDER OF THE CITY OF ASPEN, Deputy County Clerk COLORADO Published In Aspen Times September 2, 1994 Richard Coulombe/R.C.C. Project Coordinator Published In the Aspen Times September 2, NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE: That the Board of County Commis- sioners of Pitkin County, Colorado will conduct a public hearing on the following ordinance/resolution on September 13, 1994 at 5:00 pin, at the Board of County Commission- ers Meeliug Room, Pitkin Cuuuty Courtnouse, 506 E Main Street, Aspen, Colorado, at which time and place all members of the public may appear and be heard: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COI: ORADO, SUBMITTING TO THE ELECTORATE PROPOSED HOME RULE CHARTER AMEND- MENTS Resolution ff 94 RECITALS 1. The Board of County Commissioners (the Board) appointed a Home Rule Charter Task Force in 1993 to review what issues may be appropriate for amendment or clarification in the Home Rule Charter. 2. The Home Rule Charter Task Force met over a series of months and reviewed the Char- ter for multiple Issues Including some specifi- cally identified by the Board of County Com- missioners. 3. The Home Rule Charter Task Force com- pleted recommendations to the Board which are attached to this resolution as Exhibit I and incorporated herein by reference. 4. The Board set for election in 1993, the questions put forth by the Home Rule Charter Task Force, but a technical deficiency denied the voters the opportunity to vote on these questions. 5. Four of these questions were voted on and passed by the electorate at the primary election In August, 1994, but there are two questions still remaining. 6 The Board still seeks the guidance of the electorate on these two remaining questions. NOW THEREFORE BE rr RESOLVED, that: The Board directs that the following ques- tions shall be placed on the ballot for the gen- eral election In November In a manner that allows these questions to be voted on individu- ally: 1. POLICY MAKING AND ADMINISTRATION - Shall the conflicting provisions of the Home Rule Charter be clarified to provide for the pol- icy governing role of the Board of County Com- missioners and the administrative role of the County Manager, so that the County Manager be responsible for the employment of all department heads and other staff, except as otherwise provided by law. Specifically, shall Section 2.7.2 of the Home Rule Charter which currently reads: "The Board shall appoint all department heads and the members of all Citi- zen Boards" be repealed and reenacted to read as follows: 2.7.2 The Board shall appoint all the mem- bers of all Citizen Boards. and shall the Hume Rule Charter be amended to add Section 5.2.3 to read as follows: 5.2.3 Except as otherwise provided by paw, and in the case of employees reporting to other elected officials, the County Manager shall hire and remove all department heads. All other county staff members and employees may be hired and removed by the County Manager, or at his direction, these powers may be delegat- ed by the County Manager to department 1994. PUBLIC NOTICE OF NITRATE MONITORING VIOLATION ATTENTION ALL ROARING FORKS MHP RESI- DENT WATER USERS. lire sale InF udolf ware, Act requires :oar Community Public Water Systems that use a ground water source monitor their drinking water annually for nitrates. We are required by the Safe Drinking Water Act to notify the public that we failed to monitor for nitrates in 1993. If you have any questions. Please telephone Richard Downing at (303) 781.1218. Published In the Aspen Times September 2, 1994. COUNTY COURT, PITKIN COUNTY, COL- ORADO Case No.94C245 ORDER FOR PUBLICATION AND CHANGE OF NAME IN THE MATTER OF THE PETITION FOR THE CHANGE OF NAME OF: BRYAN ABAS, Petition- er. ORDER FOR PUBLICATION The Court having read and considered the Petition for Change of Name and the petition- er's affidavit, and the Court being sufficiently advised, FINDS: That the allegations made in said peti- tion and affidavit satisfy all statutory require- ments; AND THE. COURT FURTHER FINDS: That the desired change of name Is proper and not detrimental to the Interests of any other per- son. rT IS THEREFORE: ORDERED: 1. That pursuant to statute, petitioner shall give public notice of such change of name by publication of Public Notice three (3) times in The Aspen Times, a legal newspaper, published in said county. This publication is to be made within 20 days of the date of this Order. Proper proof of publication shall be filed with the Clerk of the Court upon final publication. 2. That upon proof of publication being filed with the Clerk of the Court, the name of Bryan Abas will be changed to Ryan Ross. DATED: August 19, 1994. Fitzhugh Scott, III County Judge Published In The Aspen Times September 2, 9, and 16, 1994. COUNTY COURT, PITKIN COUNTY, COLORADO Case No. 94C247 PUBLIC NOTICE IN THE MATTER OF THE PETITION FOR THE CHANGE OF NAME OF: FREDERICK STACEY ELLIS. Petitioner. Public Notice is hereby given that by an Order of the County Court of Pitkin County, Colorado, entered on August 23, 1994, In the above -entitled action, the name of Frederick Stacey Ellis will be changed to Frederick Stacey Locklear, upon proof of publication being filed with the Clerk of the Court. Nancy B. Adams Clerk of the Court/Deputy Clerk Published in The Aspen 'Times September 2. 9, and 16. 1994. heads or other subordinates. NOTICE OF PUBLIC TRUSTEE SALE 2. APPOINTMENT OF THE DIRECTOR OF THE Public Trustee No. 94-11 DEPARTMENT OF FINANCE - Shall Section To Whom it may Concern: This Notice Is 5.4.2 of the Home Rule Charter be repealed and given with regard to the following described reenacted to reflect that the Director of the Deed of Trust: Department of Finance shall be appointed by Grantor (Borrower): Maco Stewart the County Manager, and to read as follows: Original Beneficiary: Colonial Investment Cor- 5.4.2 The Director of the Department of poration Current Owner of the Evidence of Finance shall be appointed by the County Man- Debt: Colonial Saving, F.A. ager. Date of Deed of Trust: September' 2•6t 1980 NOTICE OF APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE APPLICANT: Winney Enterprises, Inc., 520 E Durant SI10, Aspen Colo. 81611 OWNER: James E. Winter - 9407 Crosscreek, Wichita, Kansas 67206 APPLICATION DATE: August 8, 1994 HEARING DATE: September 13. 1994 TRADE NAME: PIZZA HUT Petitions or remonstrances may be filed with the office of the City Clerk. City Hall, Aspen, Colorado. Kathryn Koch City Clerk i uWisi,cd. Scpiemlwr 2, 1993 Posted September 2, 1994 Published In The Aspen Times September 2. 1994. NOTICE OF APPLICATION FOR A HOTEL AND RESTAURANT LIQUOR LICENSE APPLICANT: I-MATTI RISTORANTE, INC. 205 S. MILL SPACE 109, ASPEN, COLO. 81611 OWNER: Luigl Glordani - 421 W. Hallam, Aspen, Colo. 81611 Elizabeth Plotke-Giordanl - 421 W. Hallam, Aspen, Colo. 81611 APPLICATION DATE: July 8, 1994 HEARING DATE: September 13. 1994 TRADE NAME: Campo De Find Petitions or remonstrances may be filed 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 Times September 2, 1994. PUBLIC NOTICE RE: ASPEN YOUTH CENTER FINAL. SPECIAL- LY PLANNED AREA AMENDMENT NOTICE IS HEREBY GIVEN that a public hear- ing will be held on Tuesday, September 20, 1994 at a meeting to begin at 4:30 pm before the Aspen Planning and 'Zoning Commission, 2nd Floor Meeting Room, City flail, 130 us, Aspen, CO to consider an applicati milted by the Aspen Youth Center, P. 8266. Aspen, CO requesting approval to amend the SPA Development Plan to allow community groups to rent the facility 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. 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 DWELLING UNITS SUBDIVISION EXEMPTION FOR FULLY DEVEL- OPED LANDS AND A MAJOR PLAT AMEND- MENT, AND EXPANSION OF NONCONFORM- ING STRUCTURFS NOTICE IS HEREBY GIVEN that a public hear- Ing will be held on Tuesday, October 4, 1994 at a regular meeting to begin al 5:00 pm re the Board of County Commissioners, t Courtroom, 506 E. Main St., Aspen to . r s milted an applicationub b Mr. y Wiltoi , Jr., requesting Subdivision Exemption for Fully Developed Lands and a Major Plat Amendment, and Expansion of NonCon(orming Structures to convert the sixty-two (tit) rental units of the W/J Ranch to deed -restricted employee owner housing units. The property is located In the NE4 SE4 of Section 21, and NW4 SW4 of Section 22, Township 9 South, Range 85 West of the 6lh P.M. For further information contact Ellen Sas- sano at tile Aspen/Pilkln Planning Office, 920- 5098. s/Robert W. Child. Chairman Board of County Commissioners Published in The Aspen Times on September 2. 1994 Y4 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 is preparing to submit a development application to amend the SPA approval for the use and operation of the Youth Center on the Rio Grande Property. Before the Youth Center can submit 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: "I move to direct the City Manager to grant permission for the Aspen Youth Center to submit an application to amend their SPA approval." CITY MANAGER'S APPROVAL: ATrAMUM 1 LAND USE APP1ICA7TIQN IUM 1) Project Name �f/✓�� �LCi/� ��%'Y/TC� 2) Project Location %�GZ7 C ( indicate street address, lot & block rmmber, legal description wbe� appropriate) 3) Present Zoning�%� 4) Lot Size 7 ,ECG 5) Applicant's Name, Address & Phone :2S-- 70 S 6) Representative I s Name, Address & Phone # :/4/ � N yeti T�J ��it� '?2,5 - 7c-70 Q 7) lype of Application (please check all that apply): •. , . •.' .--.. . 0, Special Review i Final SPA A,74�/u(fWn Final Historic Dev. 8040 Greenline Vital FM Minor. Historic Dev. Stream Margin Final RM Historic Demolition Mountain View Plane Subdivision Historic Designation Ooa dcmii ni u i zatian Text/Map Amendment (24�2S Allotment lot Split/lot Line (MQS Exenption Adjustment 8) Description of Existing Uses (number and type of existing structures; approximate sq. ft. ; timber of bedrooms; any previous apprrvals granted to the PAY) 9) Description of Development Application 10) Have you attached the following? ✓ Response to Attadmuent 2, Minimum m m Submission ssion Oontertts Response to Attachment 3, Specific Stgmnscion Oorttents ✓ Ruse to Attadtment 4, Review Standards for Your Application • ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Attorney Recreation Department FROM: Leslie Lamont, Planning Office RE: Aspen Youth Center SPA Amendment DATE: July 22, 1994 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. ASPEN/PITKIN PLANNING OFFICE 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 ne L. Wolff Administrative Assistant "z.ph