HomeMy WebLinkAboutagenda.apz.20011002AGENDA
ASPEN PLANNING & ZONING COMMISSION
REGULAR MEETING
TUESDAY, OCTOBER 2, 2001
4:30 PM
SISTER CITIES ROOM
I. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
II. MINUTES (08/21/01, 06/26/01, 06/19/019 10/17/009 10/24/00)
III. DECLARATION OF CONFLICTS OF INTEREST
IV. PLANNING AND ZONING COMMISSION PUBLIC HEARINGS
A. ASPEN CHILDREN'S GARDEN CONDITIONAL USE, James
Lindt (continued from 9/11/01) A t7PR0VfD (� �
B. OTHELLO'S SK8 SHOP CONDITIONAL USE, Sarah Oates
A -r2vv 6,�
C. CEMETERY LANE CHARACTER AREA PLAN ADOPTION
RECOMMENDATION, Fred Jarman (continued from 9/11/01)
A-C4>CaVED (,,2 C)
V. ADJOURN
P&Z Members, 11:10 AM 9/28101 -0600, Work Session with City Council -rescheduled
To: P&Z Members
From: Joyce Ohlson <joyceo@ci.aspen.co.us>
Subject: Work Session with City Council -rescheduled
Cc: julie Ann Woods <juliew@ci.aspen.co.us>, Jackie Lothian <jackiel@ci.aspen.co.us>, fredj@ci.aspen.co.us,
chrisb@ci.aspen.co.us, johnw@ci.aspen.co.us, davidh@ci.aspen.co.us
Bcc:
Attached:
Greetings,
Mayor Klanderud confirmed that she would like to schedule the continuation of the work session between the P &Z
and City Council over a long lunch on Wednesday, October 10 from 12-2. Lunch will be provided.
The items for discussion will include the following items from the list you generated. There is a lot here so it may be
unlikely that we get to it all.
1. Issues associated with Lodge Conversions & Time Share Projects (fractional izi ng) and the impact these have
on the community in terms of meeting community goals.
• enforcement of 50% availability to the public
• parking provisions
• community vitality and providing "hot beds"
2. Refining the Residential Design Standards (Ord. 20, then Ord. 30), especially as the standards apply to areas
outside of the "West End" -should the standards be applicable to only certain parts of town or be revised to apply
more specifically to the actual conditions in other parts of town?
3. IGAs-strive to give the City more of a role in developments in the County that will either be annexed into the
City or would have major impacts on the City. TDRs and how the County TDRs can be used in the City.
4. Review of the Land Use Process to include responsibilities of the Commission and Council and Staffs role as
liaison.
5. P & Z appointments to special committees and task forces such as COWOP, DEPP, Infill, Civic Center Master
Plan.
6. Other: Employee Mitigation Audits, Public Processes re. annexation agreements especially.
I would recommend that at our next meeting on Tuesday, Oct. 2nd we briefly go over these items and the P&Z
could clarify what they would like to discuss with Council or prioritize this list. This will also give staff a better
understanding of your concerns and how we might then be prepared with information for the work session with
Council.
Thank you and have a good weekend. Joyce
Printed for Joyce Ohlson <joyceo@ci.aspen.co.us>
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director-.��
FROM: James Lindt, Planning Technician —
RE: Aspen Children's Garden - Conditional Use Public Hearing
Continued from September 11, 2001
DATE: October 2, 2001
APPLICANT:
Aspen Children's Garden Inc.
REPRESENTATIVES:
Patty Fox and CP Kanipe
LOCATION:
0197 Prospector Road, Building 2, Aspen Highlands Base Village
ZONING:
Ski Area Base
PROPOSED LAND USE:
Day Care Center
REVIEW PROCEDURE:
Conditional Use:
The Planning and Zoning Commission shall by resolution approve,
approve with conditions, or deny a development application for a
conditional use, after recommendation by the Community Development
Director.
SUMMARY:
A Day Care Center is a conditional use in the Ski Area Base Zone District.
Aspen Children's Garden is requesting conditional use approval to operate a
Day Care Center in Building 2 of the Aspen Highlands Base Village. The
location for the proposed child care facility would be on the ground level of
the Ritz Carlton Club in the White River Lodge, and it would encompass
between 1,700 and 1,900 square feet.
STAFF COMMENTS:
The Aspen Highlands Village Planned Unit Development does not address
the use of a day care facility, but the underlying Ski Area Base Zone District
in which the base village is located, allows for a Day Care Center as a
conditional use. Hines Highlands Limited Partnership, the owner and
developer of the White River Lodge, has given the applicants written
consent to apply for the conditional use application for a Day Care Center.
The applicant is proposing to cater the day care center to both local families
as well as visitors. The applicant intends to care for about 40 children a day.
They intend to operate five to seven days a week, year round and only care
for children over the age of three (3) during their first year of operation.
Shirley Ritter, Director of Kid's First, encourages the applicants to consider
providing infant care because she feels that there is a need in the valley for
this service. Staff acknowledges the need for infant care services, but feels
that providing care for infants on this site would provide additional strain on
the off-street parking because of the need for more staff members. Staff
feels that when and if the applicant converts to infant care, they must
continue to provide one off-street parking space for each employee pursuant
to Land Use Code Section 26.575.080. As part of the State of Colorado
child care licensing program, the applicant must meet the State's "Rules
Regulating Child Care Centers". The applicant has addressed their
compliance with State regulations in Attachment 3 of their application
(Exhibit Q.
Section 26.575.080 of the City of Aspen Land Use Code requires that day
care centers meet all of the following requirements:
A. The day care center shall provide one off-street parking space
per employee.
B. The day care center shall provide a child loading and unloading
area of adequate dimensions.
C. The day care center shall provide adequately sized indoor and
outdoor play areas.
D. The day care shall maintain minimum hours of operation of
7 :3 0 am to 5 :3 0 pm from Monday through Friday.
2
Staff finds that the application meets the aforementioned requirements to
operate a day care center pursuant to Section 26.575.080 of the City of
Aspen Land Use Code. The applicant is planning on employing four (4)
full-time employees based on the State of Colorado Department of Human
Services Staff Manual requirements for staffing (Exhibit F), and Hines
Highlands has reserved 4 parking spaces within the Highlands Village
parking garage for the sole use of the day care center employees. The
proposed day care .center will be open during the hours of7:3 0 am to 5 :3 0
pm, five to seven days a week. According to Shirley Ritter, the director of
Kid's First, the proposed application meets the State of Colorado
requirements regarding child care (Comments are attached as Exhibit B).
The applicant is proposing to reserve four parking spaces in the short-term
parking area at the west side of the village for a loading and unloading
zone for children. Staff feels that the loading area is adequate.
Staff finds that the proposed day care center also meets the Conditional
Use criteria set forth in Land Use Code Section 26.425.050. There has
been a great deal of residential development in the surrounding areas and a
child care facility nearby would be a complementary use to the
surrounding land uses, specifically to the new residential units as well as
the Aspen Highlands Ski Area.
Staff feels that the applicant has adequately addressed the of€street parking
needs for the use by reserving four spaces in the parking garage for the use
of employees only, as well as, by reserving four parkng spaces for a loading
and unloading area for the sole use of the day care facility. Staff finds that
the facilities are sufficient to support the proposed use.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission approve the
Aspen Children's Garden Conditional Use for a day care center, with
conditions.
3
RECOMMENDED MOTION:
"I move to approve Resolution No., Series of 2001, approving the Aspen
Children's Garden conditional use for a day care center in building 2 of Aspen
Highlands Village with the following conditions."
l . The applicant shall meet the state of Colorado's Rules
Regulating Child Care Centers and obtain any and all licenses
needed to run. a day care center within the State of Colorado.
2. The applicant must provide one reserved on -site, off-street
parking space for every employee that they employ for the
duration of the use.
3. The applicant shall maintain minimum hours of operation
of 7:30 am to 5:30 pm, five days a week.
4. The applicant shall meet the requirements for a
child care center set forth in Section 26.575.080
of the City of Aspen Land Use Code for the
duration of the use.
ATTACHMENTS:
Exhibit A Review Criteria and Staff Findings
Exhibit B Referral Agency Comments
Exhibit C Application (Including Map of loading and
unloading zone)
Exhibit D Letter of Authorization from Hines Highlands
LLC.
Exhibit E Letter From Hines Regarding Parking and Map
of Unloading Zone
Exhibit F Excerpt from State Human Services Manual
4
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: Sarah Oates, Zoning Officer
RE: Othello's Sk8 Shop Conditional Use - Public Hearing
465 N. Mill Street, Suite 5
DATE: October 2, 2001
SUMMARY:
Paula Brodin, representing Othello Clark and Othello's Sk8 Shop, owner, has
applied for a conditional use approval for a rental and sales skateboard
establishment at 465 N. Mill Street, located in the Service/Commercial/Retail
(SCI) Zone District. The business also will include the repair of skateboards,
which is a permitted use in the SCI district as this district allows for the
"manufacturing, repair, alteration, tailoring, and servicing of consumer goods
such as household appliances, electronic equipment, furniture, clothing, or
sporting goods. "
The rental and sales uses are conditional uses -based on their potential impacts.
The sales and rental of consumer goods such as household appliances, electronic
equipment; furniture, clothing or sporting goods are a conditional uses in the SCI
zone district.
The applicant is proposing dedicating 200 square feet of the floor space to retail
sales and the rest of the 870 square feet to the rental and repair of skateboards,
along with the installation of a half -pipe for customers to practice on and demo
boards.
The applicant is also proposing to charge customers a fee for the use of the half
pipe which creates a recreational use. As a recreational use is not an allowed or
permitted use in the SCI zone district, the Planning and Zoning Commission does
not have the authority to grant such a request.
Staff does not support this application, as the purpose of the SCI zone district is to
"allow for the use of land for the preservation or development of limited
commercial and industrial uses which: may not be appropriate in other zone
districts; do not require or generate high customer traffic volumes; are primarily
oriented to the manufacturing, repair, storage, and servicing of consumer goods
Is
and have a limited office, showroom, retail, or customer reception area; and, to
permit artist's studios. " Staff does not feel this proposal complies with the
purpose of the zone district.
Staff recommends denial of the Conditional Use for Othello's Sk8 Shop at
465 N. Mill Street, Suite 5.
APPLICANT:
Othello Clark, owner. Represented by Paula Brodin.
LOCATION:
465 N. Mill Street, Suite 5
ZONING:
Service Commercial/Industrial. (SCI)
CURRENT LAND USE:
Vacant.
PROPOSED LAND USE:
Repair, retail sales and rental of skateboards and related equipment.
PREVIOUS ACTION:
The Planning and Zoning Commission has not previously considered this
application.
REVIEW PROCEDURE:
Conditional Use. With a recommendation from the Planning Director, the
Commission may approve, approve with conditions, or deny a conditional use
application at a public hearing.
BACKGROUND:
The SCI Zone District provision underwent a re -write in 1999 to maintain the
district for limited commercial and industrial uses. The SCI Zone District
provisions are attached.
STAFF COMMENTS:
Review criteria and staff findings have been included as Exhibit "A." SCI Zone
District provisions are attached as Exhibit "B." The application is attached as
Exhibit "C."
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission deny the Conditional
Use for Othello's. If the Planning and Zoning Commission chooses to approve
the application staff recommends the following conditions:
2
a
1. That the use of the half pipe for a fee not be permitted until such time, and if, there is
a code amendment to allow for a recreational use in the SCI zone district.
2. The applicant shall make the necessary alternations to ensure the half pipe area is
soundproofed and the noise does not cause a nuisance to the neighboring tenants.
3. Prior to issuance of a business license, the applicant shall demonstrate to the
satisfaction of the Housing Office that the proposed use does not generate more
employees than the previous businesses.
4. Any expansion or other significant change in the operation of this use will be subject
to all applicable requirements of the Municipal Code which may include conditional
use approval from the Planning and Zoning Commission.
5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County
Clerk and Recorder located in the Courthouse Plaza Building. There is a per page
recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who
will record the resolution.
6. All material representations made by the applicant in the application and. during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to deny the Conditional Use for Othello's Sk8 Shop at 465 N. Mill Street,
Suite 5."
ALTERNATIVE MOTION:
"I move to approve the Conditional use for Othello's Sk8 Shop at 465 N. Mill
Street, Suite 5, with the conditions outlined in the Staff memo dated July 6, 1999
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- SCI Zoning Ordinance
Exhibit C -- Application
3
P3
RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING THE OTHELLO'S SK8 SHOP CONDITIONAL USE FOR THE
SALE AND RENTAL OF SKATEBOARDS
Resolution #01 - 9
WHEREAS, the Community Development Department received an application
from Othello Clark of Othello's Sk8 Shop, owner, represented by Paula Brodin, for
conditional use approval for a the sale and rental; and,
WHEREAS, the subject parcel is located in the Service/Commercial/Industrial
Zone District in which the sales and rental of consumer goods such as household
appliances, electronic equipment, furniture, clothing or sporting good uses may be
approved by the Planning and Zoning Commission pursuant to Section 26.425 of the
Municipal Code; and,
WHEREAS, the proposed business will also include the repair of skateboards and
a half pipe available free of charge; and,
WHEREAS, the Community Development Department reviewed the proposal and
recommended denial; and,
WHEREAS, during a public hearing at a regular meeting on July 6, 1999, the
Planning and Zoning Commission approved by a to (_-� vote the Othello's Sk8
Shop Conditional Use for a retail and rental establishment to be located at 465 N. Mill
Street, Suite 5, with the conditions recommended by the Community Development
Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Othello's Sk8 Shop Conditional Use for a retail and rental establishment be
approved with the following conditions:
1. That the use of the half pipe for a fee not be permitted until such time, and if, there is a
code amendment to allow for a recreational use in the SCI zone district.
2. The applicant shall make the necessary alternations to ensure the half pipe area is
soundproofed and the noise does not cause a nuisance to the neighboring tenants.
3. Prior to issuance of a business license, the applicant shall demonstrate to the
satisfaction of the Housing Office that the proposed use does not generate more
employees than the previous businesses.
4. Any expansion or other significant change in the operation of this use will be subject to
all applicable requirements of the Municipal Code which may include conditional use
approval from the Planning and Zoning Commission.
5. The applicant shall record this Planning and Zoning Resolution with the Pitkin County
Clerk and Recorder located in the Courthouse Plaza Building. There is a per page
P4
recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who
will record the resolution.
6. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on October 2, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
c:\home\saraho\planning\conditionaluse\Othello.doc
Jasmine Tygre, Chair
W
EXHIBIT A
STAFF COMMENTS
Section 26.425.040, Standards Applicable to all Conditional Uses
(A) The conditional use is consistent with the purposes, goals,
objectives and standards of the Aspen Area Comprehensive
Plan, and with the intent of the zone district in which it is
proposed to be located.
Staff Finding:
The SCI zone district standards and uses were revised in 1999 in an effort to return the
zone district to its intended purpose of being oriented toward the manufacturing, repair,
storage and servicing of consumer goods. Further, under the purpose of the SCI zone
district, it states that uses in that zone district should not "require or generate high
customer traffic volumes. " The nature of the business requires high customer traffic
volumes to be successful. Also, staff does not feel the proposal for Othello's Sk8 Shop is
consistent with the intent of the zone district or the standards of the AACP.
(B) The conditional use is consistent and compatible with the
character of the immediate vicinity of the parcel proposed for
development and surrounding land uses, or enhances the
mixture of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development.
Staff Finding:
Staff feels that although there are similar land uses in the area, these uses are legal non -
conformities which were eliminated as permitted and/or conditional uses during the last
revision of the SCI zone district.
(C) The location, size, design and operating characteristics of the
proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian - and vehicular
circulation, parking, trash, service delivery, noise, vibrations
and odor on surrounding properties.
Staff Finding:
The location at 465 N. Mill Street is currently under parked for the existing businesses,
although the clientele for Othello's Sk8 Shop will probably not heavily impact vehicular
impacts. Staff believes there will be increased pedestrian impacts, but the visual impacts,
parking, trash, service delivery and odor will be no more significant than any other
business. The noise and vibration should be alleviated by the installation of sound
proofing for the half pipe.
(D) There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools.
Staff Finding:
There are adequate facilities to serve the proposed use. The are sufficient roads, public
utilities, site improvements, emergency services, and fire protection systems for this use.
(E) The applicant commits to supply affordable housing to meet
the incremental need for increased employees generated by the
conditional use.
Staff Finding:
As part of the condition of approvals, the applicant must provide employee
generation numbers to the Housing Authority.
(F) The. proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all
other applicable requirements of this title.
Staff Finding:
Staff does not believe this proposed use is consistent with the AACP or the requirements
of this title. The 2000 AACP Action Plan sought to increase SCI areas in the City of
Aspen and allowing a use that does not fit the intended purpose of the zone district
effectively decreases the availability of space for more appropriate uses.
a
L�k 161t Z
ORDINANCE NO. 2-
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN, COLORADO,
TO AMEND SECTION 26.28.160, THE SERVICE/COMMERCIAL/INDUSTRIAL
(S/C/I) ZONE DISTRICT, AND SECTION 26.04.100, DEFINITIONS, OF THE ASPEN
MUNICIPAL CODE
WHEREAS, the Planning and Zoning Commission expressed concerns about current and
potential future land uses in the Service/Commercial/Industrial (S/C/I) Zone District which may
be in conflict with the spirit and intent of the zone district; and,
WHEREAS, the Community Development Department (staff) realized there could
potentially be several business and land owners affected by enforcement measures and suggested
a thorough review of the S/C/I Zone District by the Commission be done first to allow City
Council the opportunity- to confirm or amend the zoning before considering the most appropriate
enforcement procedures; and,
WHEREAS, the Planning and Zoning Commission initiated an amendment to the text of
Title 26 of the Municipal Code, pursuant to Section 26.92, and staff brought forward to the
Commission an analysis of the S/C/I Zone district and suggested modifications to said zoning;
and,
WHEREAS, pursuant to Section 26.92, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and approved, approved with conditions, or denied by the City
Council at a public hearing after recommendations from the Planning Director and the Planning
and Zoning Commission are considered; and,
WHEREAS, the Planning and Zoning Commission held a work session on the topic
October 21, 1997, opened a duly noticed public hearing on November 18, 1997, continued to
January 6, 1998, continued to January 20, 1998, continued to February 17, 1998, continued to
March 10, 1998, and then continued to March 31, 1998, to consider the existing zoning
requirements for the S/C/I Zone District along. with the recommended amendments brought
forward by staff, and,
WHEREAS, the Planning and Zoning Commission, during the public hearing,
considered the overall importance of the S/C/I Zone District's function within a traditional town
setting and within the entire inventory of zoning classifications in Aspen, considered actual land
uses within the zone district, evaluated the intent of the zone district through the "purpose"
statement, amended said "purpose" statement to clarify and reflect the goals of the zone district,
evaluated the permitted and conditional uses and dimensional requirements of the zone district,
amended said uses and dimensional requirements of the zone district to support the "purpose"
statement, and finally reviewed the proposed S/C/I Zone District amendments in summation
before making a recommendation to the Council; and,
Ordinance No. 2, Series 1999
Page 1
P8
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} SS., TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 26.304.060(E)
=�AM, being or representing an
n � r b
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following
manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the` IS 1 day of 200 ( (which is days prior to the public
hearing date of
'?. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the@jd1day
of g , 200�, to the � day ofA , 2000) I . (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
Sip ure '
Signed be day of vS�
0 I, by
WITNESS MY HAND AND OFFICIAL SEAL,,`
My Commission expires:
Notary Public
ASPEN CENTER FOR
E VIRONMENTAL STUDIES
0 PUPPY SMITH ST
ASPEN, CO 81611
I
h
ilTY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
�OROWITZ JAMES M
110 E HALLAM SUITE 104
ASPEN, CO 81611
RILL STREET VENTURE LLC
PO BOX 1112
CRESTED BUTTE, CO 81224
I
lP/UPPY SMITH LLC
205 S MILL ST SUITE 301A
ASPEN, CO 81611
APEN CONSOLIDATED SANITATION AEYER ALAN R
565 N MILL ST 410 N MILL ST B-11
ASPEN, CO 81611 ASPEN, CO 81611
,/FULLER VICTORIA B
1949 W WABANSIA
CHICAGO, IL 60622
✓f 4ARTIN MICHAEL S
4150 IRVING PL
CULVER CITY, CA
EMBER WILLIS
PO BOX 8073
ASPEN, CO 81612
/REIDSCROFT PARTNERSHIP
PO BOX 10443
ASPEN, CO 81612
F HENRY B S POSTAL SERVICE
41. ILL ST WESTERN REGION
ASPEN, CO 81611 SAN BRUNO, CA 94099
�ARWOOD JANET
PLETTS SARAH A AS JT TENANT
PO BOX 3889
ASPEN, CO 81612
,/IGIILL STREET MILAGRO
CORPORATION
A COLOR -ADO CORPORATION
414 N MILL ST
ASPEN, CO 81611
,ikTKIN COUNTY
530 E MAIN ST STE 302
ASPEN, CO 81611
JkOARING FORK VENTURES LLC
557 N MILL ST
ASPEN, CO 81611
PUBLIC NOTICE
RE: OTHELO'S SK8 SHOP CONDITIONAL USE REVIEW FOR SALES AND
RENTAL OF SPORTING GOODS AND TO ALLOW FOR MORE THAN 25% OF
FLOOR AREA TO BE DEVOTED TO RETAIL, OFFICE, SHOWROOM, OR
CUSTOMER RECEPTION IN THE S/C/I ZONE DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 2, 2001, at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Meeting Room, 130 S. Galena St., Aspen, to consider an application submitted by Othelo Clark
requesting approval for a Conditional Use in the Service/Commercial/Industrial (S/C/I) Zone
District to allow for sales and rental of sporting goods and to allow for more than 25% of his floor
area to be devoted to retail, office, showroom, or customer reception. The subject property is
located at 465 N. Mill Street, Ste. #5. For further information contact Sarah Oates at the
Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
54415 saraho@ci.aspen.co.us.
s/Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
City of Aspen Account
Published in the Aspen Times on September 15, 2001
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: J,0
12-161, 200
STATE OF COLORADO )
ss.
County of Pitkin )
I, \ C& � 1L/l N2� s L.-1 1A J T (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
k/Publication of notice. By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at_ least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice. By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not.
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing andvas continuously visible from the day of
200 Ito and including,the date and time of the public
hearing. A photograph oft e posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
S ature
The foregoing "Affidavit of Notice" was acknowledged be ore me thiOC k,, day
of JZ-i Q A---, 200 b :f2��j je — U; ap-T- -
RE: OTHELO'S SKBLNOTICEIC
SHOP CONDITIONAL USE
REVIEW FOR SALES AND RENTAL OF SPORTING
GOODS AND TO ALLOW FOR MORE THAN 25%,
OF FLOOR AREA TO BE DEVOTED TO RETAIL,
OFFICE, SHOWROOM, OR CUSTOMER RECEP-
TION IN THE S/C/I ZONE DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Tuesday, October 2, 2001, at a
meeting to begin at 4:30 p.m. before the Aspen
Planning and Zoning Commission, Sister Cities
Meeting Room, 130 S. Galena St., Aspen, to con-
sider an application submitted by Othelo Clark
requesting approval for a Conditional Use in the
Service/ Commercial/ Industrial (S/C/f) Z
orone
District to allow for sales and rental of spoting goods and to allow for more than 25%,, f his
floor area to be devoted to retail, office, show-
room, or customer reception. The subject prop-
erty is located at 465 N. Mill Street, Ste. #5.
For further information contact Sarah Oates at
the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO (970)
920-5441, saraho@ci.aspen.co.us.
sasmine
, Chair
Aspen Planning and Zoning Comrmission
Published in The Aspen Times on September 15,
2001.(76515)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 4
N M0111LWiWAIlTAW/ARWI
t ,
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
'TEC - P. 1
MEMORANDUM
TO: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director _3�
FROM: Fred Jarman, Planner
RE: Cemetery Lane Character Area Plan
Resolution,No3i?, Series 2001 (Public Hearing)
DATE: October 2, 2001 (Continued from September 11, 2001)
BACKGROUND
At the direction of City Council in 2000, the Community Development Department Staff
undertook a .project, which delineated Aspen's neighborhoods into "Character Areas" as a
further refinement of the Aspen Area Community Plan. Staff found that among the these
areas, the Cemetery Lane neighborhood was the best area to examine first due to its strength
as a resident occupied area and that it is easily defined as a distinct neighborhood of Aspen
among other reasons.
Over the course of the last year, Staff and the residents have worked diligently towards
creating, the "Cemetery Lane Character Area Plan" through a series of well -attended resident
meetings and a very successful neighborhood survey. In addition, Staff and a core group of
residents have met with the City Council and the Planning and Zoning Commission in several
work sessions in order to present the findings listed in the Plan and gain insightful direction
from these boards regarding the Plan. , .
PURPOSE OF THE PUBLIC HEARING
On August 7, the Planning and Zoning Commission met in a work session format so that
Staff and the Cemetery Lane Steering Committee could provide the Commission with a
detailed understanding of the Plan and to gain clear direction from the Commission as to their
opinions of the "objectives" in the Plan. This work session was very effective towards this
end. As a result, Staff has drafted a "Planning and Zoning Recommendation" as part of the
Resolution attached to this Memorandum. Therefore, the purpose of this public hearing is to
gain a recommendation by the Planning and Zoning Commission, which will accompany the
Plan as it moves on to City Council for a final decision.
Please note:
1) Please bring your copy of the Cemetery Lane Character Area Plan with you to
the public hearing, and
2) The Plan can also be accessed at the following web address. (You will need
Acrobat Reader.): http://www.aspen2ov.com/comdev/CDDocs.html
P. 2
STAFF COMMENTS
The Cemetery Lane Character Area Plan is comprised of three major elements including
Transportation and Infrastructure, Parks, Recreation, and Open Space, and Land Use, Zoning,
and Housing. Each of these elements has a set of goals, objectives, and actions. While the
goals are important, they are also broad and indirect. Staff and the Steering Committee felt
that the "objectives" are the real focus of the Plan; they are the realistic desires of the
neighborhood. Whereas the actions, that are proposed to achieve the objectives, could change
but still be able to achieve them.
During the work session, Staff and the Steering Committee discussed each of these
"objectives" with the Commission. The comments provided by the Commission indicated
they either 1) did not have an issue with them or 2) they had issues with them and
recommended changes. Staff has outlined the objectives below with the specific response
provided by the Commission.
I. Objectives of the Transportation & Infrastructure element include:
1. Pursue aggressive strategies to reduce traffic speeds, volume, and noise while
maintaining local access and circulation and discouraging through traffic (as
alternate to HWY 82).
Commission Response: OK (A clarification of "through traffic" was made indicating
that the objective was drafted primarily for "discouraging HWY 82 traffic through
McLean Flats area and Cemetery Lane to bypass the congestion and construction on
HYW 82. A neighbor indicated that noise in the area was an issue. However, this was
primarily determined to relate to current large construction projects on HWY 82 as
well as the road surface of Cemetery Lane. Clearly, the constriction element is
temporary and a specific action in the Plan addresses examining alternative road
surface materials.)
2. Increase opportunities for safe and efficient pedestrian and bicycle travel
throughout the neighborhood.
Commission Response: OK (A clarification was made that this is being currently
addressed through the "Streetscape Plan" being conducted by the Parks Department.
This plan will be folded into the Cemetery Lane Character Area Plan when
completed.)
3. Improve the "country lane" character of Cemetery Lane
Commission Response: OK
4. Maintain the existing character of side streets.
Commission Response: OK
P. 3
5. Maintain existing level of bus service.
Commission Response: OK (A comment was made by a neighbor to increase regular
service from every 30 minutes to every 20 minutes.)
6. Improve (the maintenance of) storm drains and roads.
Commission Response: OK (A comment was made that there currently are no storm
drains in the area, but that something needs to be done about the pooling of water.)
7. Reduce on -street parking (to preserve the character on Cemetery Lane.)
Commission Response: OK (Parking should be maintained on -site so as to reinforce
the country lane aesthetic on Cemetery Lane.)
8. Remove or improve the appearance of all remaining stubbed utility poles.
Commission Response: OK
II. Obiectives of the Parks. Recreation. & Open Snace element include:
1. Connect the neighborhood to the Roaring Fork River by creating a safe and
attractive public trail along Cemetery Lane and across Slaughter House Bridge
(or) (and) a new foot/bike bridge to Henry Stein Park, the Rio Grande Trail, and
Roaring Fork River.
Commission Response: OK
2. Improve (and expand) parks facilities, especially for children.
Commission Response: OK (A neighbor commented that not only should the park
facilities be improved but the word "expand" should be included in this objective as
well.)
3. Improve landscaping and weed management throughout the neighborhood, and
along (within ROW of) Cemetery Lane in particular.
Commission Response: OK (This is an objective currently focused towards the
management of public right-of-ways (such as street trees) such as Cemetery Lane and
not intended for the particular management of private property.
III. Obiectives of the Land Use, Zoning, and Housing element includes:
1. Modify the City's Residential Design Standards (to match) the neighborhood's
desired residential design characteristics.
Commission Response: The larger threshold question is "should there be a separate
set of residential design standards for the Cemetery Lane* neighborhood." The
Commission raised the issue of house size because the Cemetery Lane residents were
largely vocal in that debate. Specifically, it may be that new residential design
standards would serve the function of determining house size rather than current
FAR and volumetric calculations. It was clear that this discussion would continue into
the future.
The Commission acknowledged that many of the houses built in the Cemetery Lane
area do not conform to the standards and that the standards were designed to maintain
an aesthetic similar to what you see in the West End neighborhood; an area
characterized by more traditional street grids and alleys and so forth. The Commission
also acknowledged that many of the residents have been successful in getting
variances from some of the standards because they do not "fit" the neighborhood,
which substantiates the fact that some of the standards do not fit the neighborhood.
A comment was raised as to potential conflicts with existing covenants in the
different subdivisions. It appears that there are no conflicts with the proposed
changes in the plan and the existing covenants.
As drafted in the Plan, one of the "actions" under this objective calls for retaining 8
out of the 22 standards currently enforced by the Land Use Code. The Commission
indicated that the language of the objective should be changed to eliminate the word
"match." The resulting language could read as follows:- "Modify the- City's
Residential Design Standards for the neighborhood." While the Commission agreed
that they had issues with the specifically proposed standards them selves, the
Commission was OK with the word "modify."
2. Do not apply the new house size limitations, in effect after April 18, 2001, to the
Cemetery Lane neighborhood.
Commission Response: Understandably, this objective received the most comment
from the Commission during the work session. First, the Commission indicated that
this' objective might be a moot point as it relates to the evident opinion of the current
City Council because it was likely that Ordinance 56 would be rescinded in the very
near future. Second, in the event that Ordinance 56 was kept, the Commission also
felt the City should not maintain separate house size limitations for different areas of
Aspen. In the end, the Commission indicated strongly that this objective should be
eliminated from the Plan all together.
It should be noted, during a public hearing later in August, which followed this work
session, City Council rescinded Ordinance 56, Series 2001 and replaced it with
Ordinance 25, Series 2001 that essentially eliminated the new volumetric calculations
P. 5
and returned the FAR calculations to their previous levels prior to Ordinance 56.
Therefore, this objective has been effectively already met. The main question resulted
in that should Cemetery Lane have its own house size regulations. The bottom line
resulted in the Commission would like to see this objective stricken from the Plan so
that a new house size regulation should apply to the City as a whole and not just
Cemetery Lane.
3. Encourage (owner) occupied residences.
Commission Response: The Commission understands this objective to mean an
attempt to keep residences occupied in the neighborhood. Put more simply, this
objective is an attempt to reduce the number of second homes that might deteriorate
the character of the neighborhood by creating houses that are empty for much of the
year. However, the "how to accomplish this" is very difficult to accomplish. The
Commission felt this was a laudable objective but the language might more simply
read: "Encourage occupied residences."
4. Protect the quality and character of residential property and the overall
neighborhood.
Commission Response: OK
SUMMARY
The Cemetery Lane Character Area Plan is a Plan that has been crafted by the citizens who
live in the Cemetery Lane neighborhood with the assistance of City Staff as directed by City
Council and the AACP. It is a citizen -based planning effort designed from the "bottom up" in
a grass -roots type effort. As a result, the City has gained valuable information from a
particular area of the City of Aspen that could serve as a future guide to the development of
this neighborhood.
Clearly, the Plan includes specific goals, objectives, and actions for three major elements
including Transportation and Infrastructure, Parks, Recreation, and Open Space, and Land
Use, Zoning, and Housing. The objectives essentially serve as threshold issues for the
neighborhood. While the Plan reflects the specific desires of the neighborhood, it must also
be considered as a further refinement of the much larger and broader reaching AACP.
Again, while the goals are important, they are also broad and indirect. Staff and the Steering
Committee felt that the "objectives" are the real focus of this Plan. The very specific actions,
on the other hand, proposed to achieve these objectives, could change but still be able to
achieve the objectives, and as a result, achieve the goals of the Plan. Therefore, the comments
listed above are to be considered as the recommendations of the Planning Commission that
will accompany this Plan as it moves on to City Council.
PLANNING AND ZONING COMMISSION RECOMMENDATION
Out
As discussed above, the specific recommendation by the Planning and Zoning Commission is
consistent with the discussion above. Included are only the objectives with changes made to
them. They are as follows:
I. Objectives of the Transportation & Infrastructure element include:
1. Pursue aggressive strategies to reduce traffic speeds, volume, and noise while
maintaining local access and circulation and discouraging through traffic "as
alternate bypass to HWY 82."
6. Improve storm drains and roads. (Removed "maintenance of")
7. Reduce on -street parking "to preserve the character on Cemetery Lane."
II. Objectives of the Parks, Recreation, & Open Space element include:
1. Connect the neighborhood to the Roaring Fork River by creating a safe and
attractive public trail along Cemetery Lane and across Slaughter House Bridge
"and" a new foot/bike bridge to Henry Stein Park, the Rio Grande Trail, and
Roaring Fork River.
2. Improve "and expand" parks facilities, especially for children.
3. Improve landscaping and weed management throughout the neighborhood, and
along the Cemetery Lane "right-of-way in particular."
III. Objectives of the Land Use, Zoning, and Housing element includes:
1. "Modify" the City's Residential Design Standards for the Cemetery Lane
neighborhood.
2. The Planning and Zoning Commission would like this objective stricken from
the Plan. "Do not apply the new house size limitations, in effect after April 18,
2001, to the Cemetery Lane neighborhood."
3. Encourage "occupied residences."
RECOMMENDED MOTION
"I move to approve Resolution No. , Series 2001 recommending approval to City Council
for the adoption of the Cemetery Lane Character Area Plan with the recommended changes
listed above."
P. 7
RESOLUTION NO. 3% ,SERIES OF 2001
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING ADOPTION OF
THE 2001 CEMETERY LANE CHARACTER AREA PLAN
WHEREAS, the Aspen Planning and Zoning Commission has the responsibility to
review and recommend adoption of comprehensive neighborhood plans (hereinafter
referenced as a "Plan"), and
WHEREAS, in 2000 the residents of the Cemetery Lane neighborhood and City Staff
undertook an approximately 19-month planning process to draft the 2001 Cemetery Lane
Character Area Plan as a refinement of the 2000 Aspen Area Community Plan as directed by
City Council. In February 2000, the process began with the direction of City Council to
conduct the first Character Area Plan in the Cemetery Lane neighborhood area; and
WHEREAS, in 2000 and 2001, Community Development Staff held a series of
neighborhood meetings which included an issue identification meeting in June 2000, an issue
discussion and visual preference survey meeting in July 2000, a review of the City's
residential design standards meeting in August 2000, a draft Plan presentation meeting in
December 2000, and a survey results and final Plan presentation meeting in April 2001; and
WHEREAS, a Cemetery Lane Steering Committee was created and was made up of
residents of the Cemetery lane neighborhood to present the Plan to the City Council and
Planning and Zoning Commission during work sessions and public hearing processes; and
WHEREAS, the City Council and Planning and Zoning Commission held a joint
work session on April 17, 2001 and the Planning and Zoning Commission held a work
session on August 8, 2001 in order for the Steering Committee and City Staff to present the
Plan and to hear from attending neighborhood residents; and
WHEREAS, the Planning and Zoning Commission held a duly noticed Public
Hearing on September 11, 2001 to consider the adoption of the 2001 Cemetery Lane
Character Area Plan. After the taking and consideration of public testimony, the Commission
found that the 2001 Cemetery Lane Character Area Plan furthers the goals of the Aspen Area
Community Plan and that it is in the best interest of the community that the plan be adopted,
with the following modifications to the objectives in the Plan which are recommended to read
as follows:
I. Objectives of the Transportation & Infrastructure element include:
2. Pursue aggressive strategies to reduce traffic speeds, volume, and noise while
maintaining local access and circulation and discouraging through traffic "as
alternate bypass to HWY 82."
8. Improve storm drains and roads. (Removed "maintenance of')
9. Reduce on -street parking "to preserve the character on Cemetery Lane."
II. Objectives of the Parks, Recreation, & Open Space element include:
1. Connect the neighborhood to the Roaring Fork River by creating a safe and
attractive public trail along Cemetery Lane and across Slaughter House Bridge
"and" a new foot/bike bridge to Henry Stein Park, the Rio Grande Trail, and
Roaring Fork River.
2. Improve "and expand" parks facilities, especially for children.
3. Improve landscaping and weed management throughout the neighborhood, and
along the Cemetery Lane "right-of-way in particular."
III. Objectives of the Land Use, Zoning, and Housing element includes:
1. "Modify" the City's Residential Design Standards for the Cemetery Lane
neighborhood.
2. The Planning and Zoning Commission would like this objective stricken from
the Plan. "Do not apply the new house size limitations, in effect after April 18,
2001, to the Cemetery Lane neighborhood."
3. Encourage "occupied residences."
NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning
Commission that it does hereby adopt the 2001 Cemetery Lane Character Area Plan.
APPROVED by the Commission at a public hearing on October 2, 2001.
Attest:
Aspen Planning and Zoning Commission:
Jackie Lothian, Deputy City Clerk Jasmine Tygre, Chairperson
APPROVED AS TO FORM:
David Hoefer, Assistant City Attorney
County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT
} SS. TO ASPEN LAND USE REGULATIONS
State of Colorado } SECTION 26.304.060(E)
�3
V" V bein or representing an
I, P
Applicant to the City of Aspen, personally certify that I have complied with the public notice
requirements pursuant to Section 26.304.060(E) of the Aspen Municipal Code in the following
manner:
1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S.
Mail to all owners of property within three hundred (300) feet of the subject property, as indicated
on the attached list, on the day of , 200_ (which is days prior to the public
hearing date of ).
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from
the nearest public way) and that the said sign was posted and visible continuously from the day
of , 200 , to the . day of
200 . (Must be posted for at least
ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto.
3� (4I6C1sk Jn �
PUBLIC NOTICE
RE: CEMETERY LANE CHARACTER AREA PLAN
ADOPTION RECOMMENDATION
NOTICE IS HEREBY GIVEN that a public hearing
will be held on September 11, 2001, at a meeting
to begin at 4:30 P.M. before the Aspen Planning
and Zoning Commission, Pitkin County Library
Meeting Room, 120 N. Mill Street, Aspen, to con-
sider and take public comment on the proposed
Cemetery Lane Character Area Plan.
For further information contact Fred Jarman at
the Aspen /Pitkin Community Development
Department, 130 South Galena St., Aspen, CO
(970) 920-5102.
s/Jasmine Tygre, Chair
Aspen Planning and Zoning Commission
Published in The Aspen Times on August 25,
2001. (76418)
Signature
r
Signed before me thi ay of
200_L. by L4 ��---
WITNESS MY HAND AND OFFICIAL SEAL
expires:
JACKIE
o oy' "14�
'`Qwf OF CW