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HomeMy WebLinkAboutagenda.apz.19941101 AGENDA ==--============================= ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING November 1, 1994, Tuesday 4:30 P.M. 2nd Floor Meeting Room city Hall - ========================== I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. 205 W. Main st. Conditional Use Review for an Accessory Dwelling Unit, Mary Lackner B. 624 E. Hopkins GMQS Allotment & Special Review, Kim Johnson IV. CONTINUED PUBLIC HEARINGS A. Aspen Youth Center SPA Anlendment, Leslie Lamont (continued from September 25) V. ADJOURN MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: November 1, 1994 Overlay Special Review - November 2 Regular Meeting - November 22 303 E. Main St. GMQS Exemption, Special Review, View Plane (KJ) Chesapeake Bagel Conditional Use Review (KJ) Ajax Tavern/Little Nell SPA Amendment (KJ) 204 E. Durant PUD Variance (ML) Langley Subdivision, Rezoning & Special Review (LL) Allen Conditional Use Review for an ADU (LL) Overlay Special Review - November 29 December 5, 12:00 PM - City Council Brown Bag Lunch Small Lodge Discussion Regular Meeting - December 6 Kraut Property Special Review Amendment (LL) Ritz/City Conditional Use Review for Commercial Parking (KJ) a.nex MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Chisholm Conditional Use for an Accessory Dwelling Unit - Public Hearing DATE: November 1, 1994 SUMMARY: The Planning Office recommends approval of the Chisholm 620 sq.ft. accessory dwelling unit with conditions. APPLICANT: Edith, Heather and Karen Chisholm own the parcel. They are represented by Gerd Zeller. LOCATION: 205 West Main Street. Block 52, Lots H and I, City and Townsite of Aspen. ZONING: The 6,000 sq.ft. parcel is zoned Office. APPLICANT'S REQUEST: The applicant requests Conditional Use approval to convert the basement of an existing residence to an accessory dwelling unit. The conversion of the applicant's present unfinished basement to an accessory dwelling unit is being provided voluntarily. A copy of the floor plan and site plan are included in Exhibit "A". REFERRAL COMMENTS: Comments from the Housing Office are included as Exhibit "B" and Engineering comments Exhibit "C". STAFF COMMENTS: The applicant has received HPC approval to construct the stairway and window wells for the basement unit. These improvements are presently being made to the residence. The Commission has the authority to review and approve development applications for conditional uses pursuant to the standards of Section 7-304: 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; and Response: The proposed dwelling unit has the potential to house local employees, which is in compliance with the Aspen Area Community Plan and the underlying zone district. 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; and Response: The accessory dwelling unit is compatible with the character of the surrounding neighborhood, which consists of mixed single family residences, office buildings, and lodges. The appearance of this residence will remain compatible with the neighborhood. 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; and Response: There is no requirement for off-street parking to be provided with an accessory dwelling unit. The applicant is not providing an off-street parking space. Trash areas will need to be designated on the final plan. As per past P&Z concerns, a recommended condition of approval requires that the unit be identified on building permit plans as a separate dwelling unit requiring compliance with U.B.C. Chapter 35 for sound attenuation. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sever, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Response: All public utilities are adequate and in place throughout the neighborhood and for the proposed residence and ADU. The applicant will be required to pay additional tap fees for water and sewer service with the accessory dwelling unit. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: The applicant must file the appropriate deed restrictions for resident occupancy, including a six month minimum lease. Proof of recordation must be forwarded to the Planning Office prior to issuance of any building permits. F. The proposed conditional use complies with all additional standards imposed on*it by the Aspen Area Community Plan and by all other applicable requirements of this chapter. Response: This use complies with the Aspen Area Community Plan and all other applicable conditional use standards. 2 IPA STAFF RECOMMENDATION: Planning staff recommends approval of the Chisholm Conditional Use for an approximately 620 sq.ft. one bedroom accessory dwelling unit subject to the following conditions: 1. The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2. Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Housing Office and Planning Office. 3. Prior to issuance of any building permits, the applicant shall provide the Housing Office actual floor plans showing the net liveable calculation of the accessory dwelling unit. 4. A minimum of a two -burner stove with oven, standard sink, and 6-cubic foot refrigerator plus freezer shall be provided in the accessory dwelling unit. 5. The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements 6. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft. net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. 7. Based on the comments submitted by the Engineering Department in their referral memo dated October 19, 1994 the applicant shall comply with the following: a. The final development plan shall indicate a trash area out the public right-of-way. b. The applicant shall consult City Engineering (920-5080) for design considerations of development within public rights -of -way, Parks Department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights - of -way from the city Streets Department (920-5130). 8. 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 15 conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a 620 sq. ft. accessory dwelling unit for the Chisholm property at 205 West Main Street, subject to the conditions recommended in the Planning Office memo dated November 1, 1994." Exhibits: "A" - Application Information "B" - Housing Office memo "C" - Engineering referral memo 4 ki Exhibit A Aspen, CO 81611 October 6, 1994 To Whom It May Concern: The proposed Accessory Dwelling Unit (ADU) will be located in the basement of our private existing residence located at 205 West Main Street, or legal description: East 15' of Lot G and all of Lots H and I in Block 52 in the City and Townsite of Aspen. The present unfinished basement (921 sq. ft.) is being used as a combination family -recreation room, a maintenance/utility room and storage area. The proposed (ADU) will consist of a 1-bedroom unit to* be occupied per Housing Authority Regulations. Sincerely, �thEdS . 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CORNER MON leo.l{ ELE►HONE SET 3/!'STEEL ROD WITH MARKED "LINES IN SPACE PEDESTAL PLASTIC CAP MARKED fUETTNER 13166 0.15' Of, PROP, CORNER •LocK all ALLEY 21.01' ALLEY, RECORO RIGHT—OF—WAY FOUND PLASTIC CAP !GALE PROP. CORNER MON. _ ..._, L X 1Ll 7 LH 11 t C L 0 S - 7 L14 II (40 Cl t 2f 040 Exhibit B [UT 1 u � ::_► _61iiTi To: Mary Lackner, Planning Office From: Chuck Roth, Engineering Department eiz-1, Date: October 19, 1994 Re: Chisholm Conditional Use for an Accessory Dwelling Unit (ADU) (205 West Main Street; E. 15' Lot G, & H , I, Block 52, OAT; Parcel ID No. 2735-124- 54-003) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Site Drainage - One of the considerations of a development application for conditional use is that there are adequate public facilities to service the use. One public facility that is inadequate is the City street storm drainage system. The new development plan must provide for no more than historic flows to leave the ' site. Any increase to historic storm run-off must be maintained on site. There is sufficient lawn and landscaped area to percolate roof drains. The final development plan must indicate storm runoff, and foundation drains if applicable, provisions . No drainage may be conveyed to the public rights -of -way of the alley, First Street or Main Street. 2. Sidewalk. Curb and Gutter - The Main Street Sidewalk and Street Corner Handicap Ramp Project will be installing sidewalk on the Main Street frontage and handicap ramps at the corner. The existing curb and gutter is in satisfactory condition. 3. Driveway - I met with the applicant. There was some interest in a driveway from Main Street similar to the adjacent property. Section 19-101(f) does not permit driveways entering Highway 82. Apparently the adjacent property may have constructed a driveway prior to the ordinance. The applicant has a City permit for a driveway on First Street. The permit is not clear, and the use is a use that is not permitted today, which is parking cars on the public right-of-way. If the property is ever fully redeveloped, any parking needs must be provided on the private property. M Page 2 Chisholm Accessory Dwelling Unit October 19, 1994 4. Parking - A parking space is not required for an ADU. The applicant is not interested in providing a parking space on the property, accessing from the alley, because of the historic nature of the lot. 5. Trash - The final development plan must indicate a trash area out of the alley public Tight -of -way. I discussed with the applicant recessing the existing trash shed into a section of fence that will be rebuilt in the spring such that trash collection can still be provided from the alley without entering the property. 6. Utilities - Any new surface utility needs for pedestals or other facilities must be installed on an easement provided by the applicant and not in the public right-of-way. 7. Work in the Public Rig t-of-waX Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). cc: Cris Caruso Edith Chisholm, 205 W. Main St. M94 S \11 Exhibit C MEMORANDUM TO: Mary Lackner, Planning Office FROM: Cindy Christensen, Housing Office DATE: October 19, 1994 RE: Chisholm Conditional Use Review for an Accessory Dwelling Unit Parcel ID No. 2735-124-54-003 The Housing Office recommends approval for the requested accessory dwelling unit based on the following conditions: Accessory dwelling units shall contain not less than three hundred (300) square feet of allowable floor area and not more than seven hundred (700) square feet of allowable floor area. The unit shall be deed restricted, meeting the housing authority's guidelines for resident occupied units and shall be limited to rental periods of not less than six (6) months in duration. Owners of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. The application shows the unit to be approximately 619 square feet. The actual calculation of the net liveable square footage, as def fined by the Housing Of f ice Guidelines, will to be provided when the applicant applies for a building permit. This is to be located in the basement of the principal residence. This unit needs to be a completely private unit, therefore, the stairwell entering the unit must enter through the outside and not through the principal residence. The plans did not show if this was the case. All the windows shown on the plans must remain as such for light to enter into the unit and for another means of egress. The kitchen must be built to the following specifications: Kitchen - For Accessory Dwelling Units and Caretaker Dwelling Units, a minimum of a two -burner stove with oven, standard sink, and a 6-cubic foot refrigerator plus freezer. Before the applicant can receive building permit approval, the applicant must provide to the Housing Office a signed and recorded Deed Restriction, which can be obtained from the Housing Office. The Housing Office must have the recorded book and page number prior to building permit approval. \word\referral\chish.adu MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: 624 E. Hopkins 1994 Commercial Growth Management Scoring in the C-1 Commercial Zone District, Special Reviews for Reduction of Trash/Utility Area and Parking (Public Hearing) DATE: November 1, 1994 SUMMARY: This application seeks a Commercial GMP allocation for 2,700 sq. ft. of net leasable space for development on a 4,500 square foot parcel in the C-1 Commercial zone district. There are no other applications for commercial allocation in 1994. In an initial scoring by Planning staff, the project meets minimum scoring thresholds. The applicant also requests Special Review for reduction of both trash/utility area and parking. Staff recommends approval of Special Review for trash/utility area reduction with conditions. This would eliminate the need for parking reduction. The Commission shall also review and forward to Council a recommendation regarding the cash -in -lieu method by which the applicant is mitigating for affordable housing. Staff suggests that the Commission first consider the project's request for Special Reviews, then begin the scoring process. Blank scoresheets will be available at the meeting. APPLICANT: MHS Partners, Ltd. and Richard Corriere, represented by Kim Weil, Bill Poss and Associates, 1.,C. LOCATION: 624 E. Hopkins Ave. (Lot Q and 1/2 of Lot R. Block 98, Townsite of Aspen). ZONING: C-1 APPLICANT'S REQUEST: The applicant seeks a Growth Management allotment for 2,700 sq. ft. of net leasable sq. ft. within a proposed 3,460 s.f. building. The intent is that Poss and Associates will relocate their architecture firm to this development. A Special Review approval is sought to reduce the required trash/utility service area along the alley from the required 10 feet deep by 20 feet wide, to 10 feet deep by it feet wide (per Engineering's discussion with the applicant). The application also d requests Special Review for parking reduction in case the trash/utility Special Review is not granted. The applicant seeks from City Council vested development rights for a period of three years and approval of the housing mitigation program which consists of cash -in -lieu payment for 5.67 employees (note that this figure is disputed by the Housing Office). Please refer to the complete application package. PROCESS: It is suggested that the Planning Commission first review the project's requested Special Reviews as these are critical to the continuance of the development. If Special Reviews are approved, the Commission shall score the project using the criteria/point system established in the land use regulations for commercial projects. Staff has scored the proposal and submits this score to the Commission (Exhibit "A"). The Commission may elect to accept staff's score as their own. If the Commission finds that the project meets minimum point thresholds, it will be forwarded to the City Council for GMP allocation of net leasable area and approval of the housing mitigation package and vested property rights. REFERRAL COMMENTS: All referral agency comments are included as Attachment "B". Electric: Bill Early states that three phase power is available at this location. A new transformer may be necessary to service an increased load. However, no load information was presented in the application so service needs of the new load are only an estimate. The applicant shall pay for.any upgrades to the system and must provide a transformer location on the site if one is needed. Engineering: Chuck Roth comments that the storm run-off mitigation proposed meets Code requirements. The trash storage reduction is acceptable with the condition that if building occupants change and require increased dumpsters, the owner will increase the size of the area and reduce parking upon approval of Special Review. Sidewalk installation is required of the applicant prior to issuance of a Certificate of Occupancy. The applicants shall agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements in the public right-of-way. The applicant shall consult City Engineering for design considerations' of development within public rights -of -way, Parks Department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights - of -way from City Streets Department. Fire Marshall: Ed Van Walraven states that the project must comply 2 11 with all local fire codes and requirements. HPC: This proposal has received full HPC approval as a residence. If an amendment is necessary for any exterior changes including a rooftop elevator projection, it must be reviewed by HPC. Housing Office: Cindy Christensen forwarded comments. The applicants intend to mitigate for 60% of the employees generated. However, they calculated their employee generation at the low end of the range for the C-1 zone which is 3.5 to 5.25 persons per 1,000 square feet of net leasable area. We believe that the mid- point of this range (4.375 persons/1,000 s.f.) is more appropriate for the architect's use or general office use. This raises the gross employee generation to 11.81 persons. 60 percent of this figure is 7.09 employees, the minimum mitigation requirement. The Housing Board's policy in the Affordable Housing Guidelines establishes the following preference hierarchy: 1) On -site Housing 2) Off -site Housing, including buydown concept 3) Cash-in-lieu/land-in-lieu The applicants request that their housing mitigation be cash -in - lieu at the Category 3 level. The Housing Office proposes that if cash -in -lieu is accepted, the figure should be an average between the Category 2 and Category 3 amounts, or $42,500 per person for a total of $301,325 at current cash -in -lieu amounts. Parks: The applicant shall protect the existing trees during construction by erecting barricade fencing at the driplines of the trees prior to any construction activity. If changes are proposed in the right-of-way landscaping, the Parks Department must approve the landscaping plan. Sanitation District: Bruce Matherly states that adequate line and treatment capacity is available to service this project. The project will be charged a prorated share of the cost of improvements for downstream constraints in the Galena Street line. Total connection costs can be estimated once detailed plans are submitted and a tap permit is completed. Environmental Health: The project is not expected to negatively impact air quality in the non -attainment area. Construction noise may be a problem - construction may only occur between lam and lopm. STAFF COMMENTS: There is an annual allocation of 8,000 s.f. of commercial area available for growth management competition. No other applications were submitted for 1994. 3 This project received extensive design review by the Historic Preservation Committee a few years ago prior to the demolition of the residence which occupied the parcel. At that time, the new structure was to be a single family home. The replacement of one residential unit for another did not have to go through growth management competition. Since the structure is now seeking to be commercial space, it must receive a growth management allotment by City Council after scoring by the Commission. Special Reviews: Trash/utility area required by the Code for the C-1 zone must be a minimum of 20 feet in length, parallel to the alley, and at least 10 feet deep. The project site is 45 feet wide, and the applicant desires to accommodate as much parking on - site as possible. A 20 foot wide trash area would eliminate two of the four parking spaces that the project requires. Pursuant to Section 24-7-404 C. a Special Review for reduction of the dimensions of a utility/trash service area shall be approved only if: 1. There is a demonstration that given the nature of the potential uses of the building and its total square footage, the utility/trash service area proposed to be provided will be adequate. 2. Access to the utility/trash service area is adequate. 3. Measures are provided for enclosing trash bins and making them easily movable by trash personnel. 4. When appropriate, provisions for trash compaction are provided by the proposed development and measures are taken to encourage trash compaction by other developments on the block. 5. The area for public utility placement and maintenance is adequate and safe for the placement of utilities. 6. Adequate provisions are incorporated to ensure the construction of the access area. The applicant has discussed the issue with the City engineering staff and determined that a trash area it feet wide would still allow four parking spaces, trash space and utility functions. As the proposed use is office and the trash needs of office space is not as great as restaurant use, staff supports the request to reduce the area to 11 feet in width and 10 feet in depth, with the condition that no restaurants may occupy the structure without providing additional trash/utility space pursuant to special review by the P&Z. Parking Reduction / Cash -in -lieu The C-1 zone requires 1.5 parking 4 spaces per 1,000 s.f. of net leasable area. This project proposes 2,700 s.f. of net leasable for a parking requirement of 4.05 spaces. As discussed above, if the Commission approves the reduction of trash/utility area, this project can place 4 of the 4.05 required parking spaces on the property. The fractional parking space may be provided in cash ($750.00) by the applicant rather than providing an entire fifth space. This allowance was recently created by a text amendment within Ordinance 56, 1994. If the Commission does not grant the trash/utility reduction.. Section 24-7-404 B. allows the Commission to grant a reduction of required off-street parking. If parking is provided via a payment - in -lieu, the applicant shall make a one time payment to the city in the amount of $15,000 per space. The applicant shall demonstrate that the parking needs of the residents, customers, guests and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, the projected impacts onto the on - street parking of the neighborhood, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. In determining whether to accept mitigation or whether to require that the parking be provided on -site, the Commission shall take into consideration the practical ability to place parking on -site, whether parking needs of the development have been adequately met on -site, and whether the City has [plans for) a parking facility which meet the needs of the development and the community than would location of the parking on -site. Response: The Planning Office does not recommend a reduction of parking on this site for the following reasons: 1. The community is experiencing critical parking needs in the core area and surrounding commercial and residential areas. An extensive paid parking program will begin this winter. Each site should construct as much parking for its own use as possible. 2. The Engineering staff has considered the trash area reduction and finds that the reduced space can meet the building's office needs without reducing on -site parking. Growth Management Staff Score: Planning staff jointly reviewed the project pursuant to the scoring criteria contained in Section 24- 8-106 F. of the land use regulations. The Planning Office forwards the following recommended score for the 624 E. Hopkins Commercial GMP project: Scoring Minimum 5 Categories 1) Quality of Design 2) Public Facilities and Services 3) Affordable Housing 1) Combined 1 & 2 Threshold Points 7.2 (40%) 12 4 (40%) 5 10 (60%) 10 27 16.8 (60%) 17 Pursuant to Section 24-8-106 F.(5) to be eligible for an allocation, a development application shall be required to meet the thresholds of each category and a combined threshold for categories 1 & 2. Individual and combined categories have been met as shown in the table above. The Commission may accept staff's score or do its own scoring procedure. Blank score sheets will be available at the meeting. Affordable Housing - The project is proposing to meet their affordable housing mitigation by paying cash -in -lieu for 60% of the employees generated. The Commission shall make a recommendation to the Council with regard to the method by which an applicant calculates employee generation, and how the mitigation will be accomplished. As mentioned by the Housing Office,, the project generation is expected to be higher than the application presents. The Housing Office made the determination that 4.375 employees per 1,000 s.f. will be generated rather than 3.5 per 1,000 s.f. The range established for the C-1 zone is 3.5 to 5.25 employees per 1,000 s.f. of net leasable area. Also, the Housing Office believes that the employees generated by an off ice use will be a mix of Category 2 and Category 3 employees rather than all Category 3 as stated in the application. Staff recognizes that the applicant is proposing all cash mitigation because they are trying to work within a ready -approved building shell. The HPC approved this size and design because of its compatibility with the surrounding buildings and neighborhood. To incorporate affordable housing within this structure will effectively eliminate its commercial viability. The Council and Housing Office have an established priority to acquire actual housing units through the growth management process. If the site cannot realistically handle housing, the applicant should be expected to look for housing units in Aspen to buy and deed restrict at Category 2 and 3. 6 V STAFF RECOMMENDATION: The Planning Office recommends approval of Special Review for reduction of trash/utility area per the Engineering Department's dimensions of 10 feet deep by it feet wide. The Planning Office also recommends approval of a threshold score for GMP allocation. The following are recommended conditions for this project: 1. The two trees that are to be preserved on -site shall be protected by sturdy barricade fencing at the drip lines. Debris and excavation material shall not be stockpiled under the trees. 2. The applicant shall submit an application for electric service providing load information for review by the Electric Department prior to issuance of any building permits. 3. The applicant shall agree to join any future improvement dis- tricts which may be formed for the purpose of constructing improvements in the public right-of-way. 4. The applicant shall consult City Engineering for design considerations of development within public rights -of -way, Parks Department for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from City Streets Department. 5. No restaurants shall occupy the structure without providing additional trash/utility space pursuant to special review by the Planning and Zoning Commission." 6. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTIONS: "I move to approve the Special Review for the reduction in trash/utility area floor area for a space 10 feet deep by 11 feet wide with the conditions recommended in the Planning Office memo dated November 1, 1994." "I move to score the 624 E. Hopkins Commercial Growth Management project at points, finding that required thresholds have been met for growth management allocation." additionally: "I move that City Council accept a housing mitigation package which addresses the Housing Office's concerns that the minimum threshold employee generation is 7.06 persons and that the Category level be a mix of Category 2 and Category 3 employees. The applicant's affordable housing package must contain the acquisition of dwelling 7 units in Aspen to deed restrict prior to the issuance of any building permits." Application Booklet Exhibits: "A" - Planning Staff Scoring Sheet / Recommended Score "B" - Complete Referral Memos 8 I PLANNING & ZONING COMMISSION EXHIBIT � APPROVED r 19 BY RESOLUTION CITY OF ASPEN COMMERCIAL/OFFICE GROWTH MANAGEMENT SCORE SHEET PROJECT: 624 E. Hopkins DATE: November 1, 1994 1. QUALITY OF DESIGN (maximum 18 points). Each development application shall be rated based on the quality of the exterior of its buildings and site design and assigned points according to the following standards and considerations: 0 -- A totally deficient design; 1 -- A major design flaw; 2 -- An acceptable (but standard) design; or 3 -- An excellent design. The following features shall be rated accordingly: (a) ARCHITECTURAL DESIGN (maximum 3 points). Considering the compatibility of the proposed development (in terms of scale, siting, massing, height, and building materials) with existing neighboring developments. RATING: 2.75 COMMENTS: Staff has found that there is good compatibility with the adjacent modern structures. The HPC has made Conceptual and Final design review of the building for specific details. (b) SITE DESIGN (maximum 3 points). Considering the quality and character of the proposed landscaping and open space areas, the amount of site coverage by buildings, the extent of underground utilities, and the arrangement of improvements for efficiency of circulation, including access for service, increased safety and privacy, and provision of snow storage areas. RATING: 3 COMMENTS: The project meets its 25% open space requirement and retains the existing trees on the parcel. The entry walk is inviting. The trash area and parking work well along the alley. (c) ENERGY CONSERVATION (maximum 3 points). Considering the use of passive and/or active energy conservation techniques in the construction of the proposed development, including but not limited to insulation, glazing, passive solar orientation, efficient heating and cooling systems and solar energy devices; the extent to which.the proposed development avoids wasting energy by excluding excessive lighting and inefficient woodburning devices; and the proposed development's location, relative to whether solar gain can be expected to reasonably V result in energy conservation. RATING: 2.25 COMMENTS: The applicant commits to meeting the Model Energy Code, but does not commit to exceeding any specific elements of that code with details we can score upward. No fireplaces or gas appliances are proposed. Natural light is admitted on the south side of the basement through sizable light wells. Fairly large windows on the southern side will allow solar warming in the winter. (d) AMENITIES (maximum 3 points). Considering the provision of usable open space, pedestrian and bicycle ways, benches, bicycle racks, bus shelters, and other common areas for users of the proposed development. RATING: 0 COMMENTS: The application states that benches, tables and bike racks will be installed, however nothing is noted on the plans or in the text to indicate where or how many of these improvements will be added. It is unknown whether the site size can accommodate such amenities. (e) VISUAL IMPACT (maximum 3 points) . Considering the scale and location of the buildings in the proposed development to prevent infringement on designated scenic viewplanes. RATING:2.5 COMMENTS: There are no designated viewplanes in the vicinity of the building therefore the standard score is recommended. The structure is 6 feet below the maximum height allowed in the zone. The design attempts to act as a step-down from the taller Stewart Title Building on the west to the office building on the east. (f) TRASH AND UTILITY ACCESS AREAS (maximum 3 points). Considering the extent to which required trash and utility access areas are screened from public view; are sized to meet the needs of the proposed development and to provide for public utility placement; can be easily accessed; allow trash bins to be moved by service personnel, and provide enclosed trash bins, trash compaction or other unique measures. RATING: 1.5 COMMENTS: The applicant has discussed the trash area question with Engineering who is comfortable with the reduced area of 9' by 11' on the condition that a restaurant cannot occupy this building without readdressing the trash area size. The Electric Department comments that a larger transformer may be necessary to serve this project. All upgrades to power, if necessary, will be E \0 automatically charged to the applicant. Access to the building, using the concrete walkway, will be difficult when the parking spaces are full. 2. AVAILABILITY OF PUBLIC FACILITIES AND SERVICES (maximum 10 points). Each development application shall be rated on the basis of its impact upon public facilities and services by the assigning of points according to the following standards and considerations: 0 -- Proposed development requires the provision of new public facilities and services at increased public expense; 1 -- Proposed development may be handled by existing public facilities and services, or any public facility or service improvements made by the applicant benefits the proposed development only, and not the area in general; or 2 -- Proposed development improves the availability of public facilities and services in the area. In those cases where points are given for the simultaneous evaluation of two (2) services (i.e., water supply and fire protection) the determination of points shall be made by averaging the scores for each feature. (a) WATER SUPPLY/FIRE PROTECTION (maximum 2 points). Considering the ability of the water supply system to serve the proposed development and the applicant's commitment to install any water system extensions or treatment plant or other facility upgrading required to serve the proposed development. Fire protection facilities and services shall also be reviewed, considering the ability of the appropriate fire protection district to provide services according to established response times without the necessity of upgrading available facilities; the adequacy of available water pressure and capacity for providing fire fighting flows; and the commitment of the applicant to provide any fire protection facilities which may be necessary to serve the proposed development RATING: 1 COMMENTS: There is capacity to serve this project without upgrading the system or making extensions. (b) SANITARY SEWER (maximum 2 points) . Considering the ability of the sanitary sewer system to serve the proposed development and the applicant's commitment to install any sanitary system extensions or treatment plant or other facility upgrading 3 N� required to serve the proposed development. RATING: 1 COMMENTS: The Sanitation District has sufficient line and treatment capacity to serve this project, but needs the applicant to participate in a prorated share of costs of downstream improvements. (c) PUBLIC TRANSPORTATION/ROADS (maximum 2 points). Considering the ability of the proposed development to be served by existing public transit routes. The review shall also consider the capacity of major streets to serve the proposed development without substantially altering existing traffic patterns, creating safety hazards or -maintenance problems, overloading the existing street system or causing a need to extend the existing road network and consider the applicant's commitment to install the necessary road system improvements to serve the increased usage attributable to the proposed development. RATING: 1 COMMENTS: This project is located one block off of Main Street which is the primary transit route in the City. Review of this project by City agencies has determined that the project will not substantially alter the traffic patterns in this area. The on - site parking will be located off of the alley to minimize visual and traffic impacts. (d) STORM DRAINAGE (maximum 2 points). Considering the degree to which the applicant proposes to maintain historic drainage patterns on the development site. If the development requires use of the city's drainage system, the review shall consider the commitment by the applicant to install the necessary drainage control facilities and to maintain the system over the long-term. RATING: 1 COMMENTS: According to the comments received by the Engineering Department, the storm drainage plan meets what is required in the Code. (e) PARKING (maximum 2 points). Considering the provisions of parking spaces to meet the commercial and/or residential needs of the proposed development as required by Article 5, Division 2, and considering the design of the parking spaces with respect to their visual impact, amount of paved surface, and convenience and safety. RATING: 1 4 COMMENTS: If the project receives Special Review approval for the reduction trash / utility area, the required 4 parking spaces can be provided on -site along the alley. The remaining fractional parking space (.05 space) shall be provided cash -in -lieu rather than providing an entire space on site. 3. PROVISION OF AFFORDABLE HOUSING (maximum 15 points). Each development application shall, be assigned points for the provision of housing which complies with the housing size, type, income and occupancy guidelines of the city, and with the provisions of Section 8-109. Points shall be assigned as follows: Zero (0) to sixty (60) percent of the additional employees generated by the proposed development: One (1) point for each six (6) percent housed; Sixty-one (61) to one hundred (100) percent of the additional employees generated by the proposed development: One (1) point for each eight (8) percent housed. The following standard shall be used in calculating the number of full-time equivalent employees generated by the proposed development: Commercial Core (CC) 3.50 to 5.25 employees/1,000 sq. ft. and Commercial (C-1): (net leasable), based on review of the city council's housing designee; RATING: 10 COMMENTS: The applicant commits to paying cash -in -lieu for 60% of employees generated. As previously mentioned, the Housing Office calculated that the 60% figure would be 7.09 employees. The cash - in -lieu proposal must be approved by City Council. The Housing Off ice's preference for housing places the cash -in -lieu option last behind on -site housing and purchase or construction of off -site housing. 4. BONUS POINTS (maximum 4 points). Bonus points may be assigned when it is determined that a proposed development has not only met the substantive standards of Section 8-106(F)(1) through (3), but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition. An award of additional bonus points shall not exceed ten (10) percent of the total points awarded under section 8-106(F)(1) through (3). Any commission member, 5 awarding bonus points shall provide a written justification of that award for the public hearing record. RATING: COMMENTS: Staff does not assign bonus points. SUBTOTAL: 27 5. TOTAL POINTS SCORING CATEGORIES: POINTS: 1. QUALITY OF DESIGN 12 2. AVAILABILITY OF PUBLIC FACILITIES & SERVICES 5 3. PROVISION OF AFFORDABLE HOUSING 10 4. BONUS POINTS 0 TOTAL POINTS: 27 This score meets the minimum combined threshold requirements established in Section 8-106 F.5. which are: Scoring Minimum Categories Threshold Points 1) Quality of Design 7.2 (40%) 12 2) Public Facilities and Services 4 (40%) 5 3) Affordable Housing 10 (60%) 10 27 1) Combined 1 & 2 16.8 (60%) 17 6 PLANNING Z ZONING COMMISSION EXHIBIT ._ , APPROVED , 19 BY RESOLUTION MEMORANDUM TO: Kim Johnson, Planning Office FROM: Cindy Christensen, Housing Office DATE: October 18, 1994 RE: 624 East Hopkins GMQS Allocation Parcel ID No. 2737-073-32-004 ISSUE: The applicant is requesting a growth management quota allocation of 2,700 net leasable square feet. The applicant is requesting approval for a cash -in -lieu fee to mitigate for housing instead of providing employee housing. BACKGROUND: The Housing Board has established policies in the Affordable Housing Guidelines regarding mitigating affordable housing impacts. Their preference is as follows: 1. On -site housing; 2. Off -site housing, including buydown concept; 3. Cash-in-lieu/land-in-lieu. RECOMMENDATION: The proposed development is located in the C-1 zone district. Therefore, the Housing Office would recommend that the applicant provide on -site housing for 7.09 employees. The Code specifies that 3.50 to 5.25 employees/1, 000 square feet needs to be mitigated. Because of the nature of the business, the Housing Office recommends that the applicant mitigate for 3.50 + 5.25 employees X 500 = 4.375 X 2.7 = 11.81. Sixty percent of the 11.81 employees must be mitigated, or 7.09 employees. A possible scenario for on -site housing would be to provide two three -bedroom units and a studio unit. The applicant is also requesting to mitigate the employees as Category 3. The Housing Office contends that there should be a split between Category 2 and Category 3 mitigation. Therefore, should a cash -in -lieu fee be approved by City Council, the Housing Office would recommend a fee of $51,000 + 34,000 _ 2 = $42,500 X 7.09 = $301,325. Again, the Housing Office prefers on -site housing over a cash -in - lieu payment. /c1c:word\referra1\624eh.em MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, Engineering Department a-r_ Date: October 12, 1994 Re: 624 E. Hopkins GMQS Allocation Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Site Drainage - The application meets minimum Code standards for subdivision design standards for storm runoff. 2. Traffic Impacts - The traffic impact analysis is acceptable. As indicated, there will be no significant reduction in service level of Hopkins Avenue. f jgel C /1 3. Reduction in Trash and UtditX Area - I have discussed the sizing with the applicant's representative. They have agreed to increase the length from 9 to 11 feet. This change will fit on the site because four parking spaces are 34 feet total width. This would permit storage of two dumpsters and include space for utility meters and disconnects. There have been a number of trash area sizing problems in the commercial core, some related to parking uses. Future owners or tenants with different uses could need larger trash enclosures. We recommend a condition of approval that if more trash storage area is required in the future, the applicant will increase the size of the area and pay cash - in -lieu as necessary at such time. 4. Reduction in Parking - If reduction in the trash and utility area is not approved, and if reduction in parking is necessary, the Engineering Department has no comments to the contrary. The property is sufficiently close to public parking and to mass transit to permit a reduction in parking. 5. Sidewalk, Curb and Gutter - These are not required to be discussed in a GMQS application. The site plan does indicate a sidewalk. Installation of sidewalk is required by City code prior to issuance of a certificate of occupancy. The curb and gutter is in satisfactory condition. 6. Improvement Districts - The applicant did not offer to agree to join future improvement districts, however it is recommended as a condition of approval that the applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 7. Work in the Public Ri t-of-way - Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). cc: Cris Caruso M94.348 MEMORANDUM TO: Kim Johnson, City Planner FROM: Amy Amidon, Historic Preservation Officer RE: 624 E. Hopkins GMQS Allocation DATE: October 18, 1994 This project has received full approval from the HPC in its earlier configuration as a residence. The project architect has indicated that there will be no changes made to the building in its conversion to office space that will be visible from the outside, except possibly a small roof projection for the required elevator. If this change is made it will be reviewed by HPC, otherwise there are no concerns at this time. OCT 419A . sY. To: Kim Johnson, Planning Office From: Bill Earley, Electric Date: 10/4/94 Subject: 624 E. Hopkins, GMQS Allocation I have reviewed the information submitted from the applicant and it does not provide information on the electric requirements for this development. We have three phase power available in this alley so we can meet almost any requirements by installing a new transformer. The applicant would have to pay for any improvements needed to our system to meet their power requirements. If a new transformer is required, the applicant would have to provide a site for this transformer. Without the load information I cannot be sure, but based on my experience we should have no problem providing electric to this development. ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM City Engineer Housing Director Aspen Water Department Environmental Health Department Electric Department Parks Department Aspen Consolidated Sanitation District Aspen Fire Protection District Parking/Transportation HPC . R9?&. Kim Johnson, Planning Office RE: 624 E. Hopkins GMQ3 Allocation Parcel ID No. 2737 0 DATE: September 27, 1994 Attached for your review and comments is an application submitted by MHS Partners. Please return your comments to me no later than October 15. Thank you. kilo ' -a ��--� � �✓a��°C,:�- �'U �`'�� 1'e TO: Kim Johnson, Planning Office THRU: George Robinson, Parks Director FROM: Rebecca Baker, Parks Department DATE: October 24, 1994 RE: 624 E. Hopkins GMQS Allocation, Parcel ID No. 2737-073-32-004 We have reviewed the application submitted by MHS Partners for GMQS Allocation at 624 E. Hopkins. The development appears to cover sufficiently those areas of concerns for the Parks Department, including preservation of existing, significant trees on the property. During construction of the property,'these trees should be protected from excavation impacts by setting up some protective, temporary fencing around the dripline of the trees. The only other concern of the Parks is landscaping in the right-of-way. No detail is given on the site plan indicating whether any changes are proposed as part of this development to the ROW area. If changes are proposed, a detailed landscape plan should be submitted to the Parks Department for review and approval. ASPEN#PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Kim Johnson, Planning Office From: Chris Chiola, Environmental Health Department►r'G Through: Lee Cassin, Senior Environmental Health Officer A t C--- Date: October 7, 1994 Re: 624 E. Hopkins GMQS Allocation The Aspen/Pitkin Environmental Health Department has reviewed the 624 E. Hopkins land use submittal under authority of the Munici*Ral Code of the City of Aspen, and has the following comments. SEWAGE TREATMENT AND COLLECTION: Section 11-1.7 -it Shan be unlawful for the owner or owupant of any building wed for residence or business purposes within the city to construct or reconmurt an on -site sewage dspcwt device.' The plans to provide wastewater disposal for this project through the central collection lines of the Aspen Consolidated Sanitation District (ACSD) meet the requirements of this department. The ability of the Aspen Consolidated Sanitation District to handle the increased flow for the project should be determined by the ACSD. The applicant has indicated in the documentation that the applicant and the service agency are mutually bound to the proposal and that the service agency is capable of serving the development. ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23-55 'Ali buildings, structum Wilities, paria, or the like within the city limits which use water shall be conneeted to the municipal water utility system.' The provision of potable water from the City of Aspen system is consistent with Environmental Health policies ensuring the supply of safe water. The City of Aspen Water Department shall determine if adequate water is available for the project. The City of Aspen water supply meets all standards of the Colorado Department of Health for drinking water quality. WATER OUALrN IMPACTS: Section 11-1.3 V r the pwpose of a mintaining and protecting it, municipal water supply from injury and pollution, the city shall esereise regulatory and supervisory jurisdiction within the hworporated limbs of the City of Aspen and over all streams and sources contributing to municipal water supplies for a distance of five (5) mn'b above the points from which municipal water supplies are diverted.' This application is not expected to impact down stream water quality. 130 South Galena Street Aspen, Colorado 61611 1 (P- 303/820-5070 mcvckd paper AIR QUALITY: Sections 11-2.1 -ft is tm purpae of (dw air rpawy mWoo of the MunidlW code] m achieve the matamuun practical degree of air ley poule by s4ul&g the we of all avan" practical methods and teehnignes to control, prevent and reduce air pollution throughout the city-6 The lino Use Regulations seek m'iwen congeWW and 'avoid transportation demantd: tint cannot be met' as well as to "provide dean air by prcoectiq the natural air sheds and reducing polhsante. This project is not expected to negatively impact air quality in a non -attainment area. The applicant is not proposing the use of woodstoves or gas log fireplaces. If these plans change the applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. Metropolitan areas of Pitkin County, which includes this site, may have two department certified devices and unlimited numbers of decorative gas fireplace appliances per building. New buildings may NOT have wood burning fireplaces, nor may any heating device use coal as fuel. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: NOISE ABATEMENT: Section 16-1 -The day council rude and acWu tine noW is a significant source of pollution that mpnsu , a present and increasing threat m the public peace and m the health. safety and welfare of the residents of the Cary of Aspen and k its-isioots .».Jleeordingiy, k Is the policy of eouncil to provide standards for pem!"e noise eveis in various arttns and mamsers and at various dines and to prohibit noise in excess of those kwls.' During construction, noise can not exceed maximum permissible sound level standards, and construction cannot be done except between the hours of 7 a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to Sze the predicted high noise levels. -XW:WP:LAND USE:E.HOP1aNS.GMQS 2 Aspen (Ponsolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Kelly - Chairman Albert Bishop - Treas. Louis Popish - Secy. October 10, 1994 Kim Johnson Planning Office 130 S. Galena Aspen, CO 81611 Re: 62.4 E. Hopkins GMQS Dear Kim: FAX #(303) 925-2537 Michael Kelly Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient line and treatment capacity to serve this project. There is a downstream constraint in the Galena street line for which the applicant will be charged a prorated share of the cost of improvement. Service for the project is contingent upon compliance with the District's Rules and Regulations which are on file at the office. Total connection costs for the project can be estimated once detailed plans are available and a tap permit is completed at the District office. Please call if you have any questions. Sincerely, �/ Bruce Matherly District Manager EPA AWARDS OF EXCELLENCE 1976 .1986 - 1990 REGIONAL AND NATIONAL ak I_i Al 1Jr 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 Is letter 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 Attorney's offices. Although use of the Center does not become black and white with this new proposal, staff believes that it goes further to ensure more community usage of the building. The ability for the City and County to review the uses of the building via the master lease reduces the potential for abuse of the building by an overzealous Board or restauranteur. Staff will provide final lease language as an information item to the Commission when it has been amended by both parties. The majority of this memo has not changed although the conditions of approval have been amended to reflect the new information from Mr. Harvey. APPLICANT: Aspen Youth Center Board of Directors, as represented by Perry Harvey LOCATION: Rio Grande Property ZONING: Public with a Specially Planned Area (SPA) Overlay 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 2) 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 of a public nature or sponsored by the Youth Center to raise 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 serve as an accessory use to the Youth Center and 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. The kitchen, on a year round basis, will pay rent to the Aspen Youth Center, employ or provide internships for youth during the school year, provide food for Aspen Youth Center youth programs at cost, establish a reasonable price structure for affordability by youth and families, provide a 4 percentage of revenues to the. Aspen Youth Center if any special events are catered either in the Center or outside the Center. 4. Any leases or uses of the Center by other users shall be reviewed by the 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 5 EXHIBIT A REQUEST FOR S.P.A. MAivil-A-ilki"n Alk, k-1 DULY 139 1994 CONTACT: PERRY HARVEY 514 E. HYMAN AVE. ASPEN, CO, 81611 (303) 925-7000 ►'J ASPEN YOUTH CENTER SUBSTANTIAL SPA AMENDMENT TABLE OF CONTENTS I. INTRODUCTION 1 II. BACKGROUND 2 III. CURRENT STATUS 3 IV. REQUESTS 4 V. FORMAL REQUESTS 6 VI. ATTACHMENTS 7 1. 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 herein. 0 W 11. BACKGROUND " a E r 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 t� 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. N 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 causing undue financial strain on the Center and those who are responsible for the facility. 3 10 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. 4 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. C� VI. ATTACHMENTS 1. . Letter of Authorization from Aspen Youth Center. 2. - Suggested language changes in Lease. 19 ?*ASPEcN�Z July 8, 1994 Ms. Leslie Lamont Planning Department City of Aspen 130 South Galena Aspen, CO 81611 Dear Leslie: The Board of Directors of the Aspen Youth Center has authorized Perry Harvey to submit an application for change in use and, further, he is authorized to speak on -our behalf. Sincerely, Sue Smedstad President Board of Directors /ss •ASPEN•Y0UTH•CENTER l Post Oke Box 8266 9 Aspen, Colorado 81612 a 303.925.7091 �� LEASE AGREEMENT 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 dr'4gs... .non -medicinal .: ,alcohol, .::;and :::.:. . ducts and.::.:.�.r...:.the..... u ::::... c c o ro o.g e.:.c�.f � : ro�r�:::..:. n....:::a<:: ec�;mm�:�> �: (e) Lessee shall not sell, convey, transfer, eub e-r 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 net perfAt any ether persen, pereener 19. Events .of Default Defined. (e) Lessee's interest in this Lease or any part hereof is assigned or transferred e:d'� ;::::7►e without the written consent of the Lessors, except as 'p.rovided'herein, either voluntarily or by operation of law or otherwise, or, 1 Cz\WP51\AYC\LRASB.AQR MASON & MORSE R E A L. E" S T A T E October 26, 1994 t 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 U 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 affordability 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 benefits 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, Perry A.- Harvey Broker Associate MASON 8z MORSE REAL ESTATE PAH:kng f 3% ASPEN School District ■ October 17, 1994 To'Whom it May Concern: The Aspen School District enthusiastically endorses the request for a restaurant at. the Aspen Youth Center. We have discussed the opportunity of involving some of our students in a mentoring program at this facility. We see this as a wonderful opportunity to add to our current curricula and to meet the needs of more students. Sincerely,' -2`t, ?atztz- A,-, Tom Farrell Superintendent /vd 0235 Nigh School Road • Aspen, Colorado 81611 303/925-3460 • Fax 303/925-5721 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. Deglazing 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 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 9. Industry 5. Food.Packaging EXHIBIT B E THE CITY 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 Zv 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. Z077 RECEIVED J U L 20 13.r14 City MaR:ger/Mayor's Uffice 61 Pitki n County July 27, 1994 Mayor Bennett and Council Members City of Aspen 130 S . Galena Aspen, CO 81611 Dear Mayor Bennett and Council Members: DISTRIBUTED TO; AUG 17 1994 Response By: By Oate- - _ For. 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 oumr for the Youth Center Board to process the application, with the County reserVmg` the right to review any final approvals. Si, t � - Reid Haughey County Manager cc: Perry Harvey, Aspen Youth Center Board pcsem/wp/7.135 Administration 530 E. Main, 3rd Floor Aspen, CO 81611 (303) 920-5200 FAX 920-5198- 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 Personnel and Finance Suite F 530 E. Main Street Aspen, CO 81611 (303) 920-5220 OW GYM, ilk J� � Transportati Facilities 76 Service Center Road Aspen, CO 81611 (303) 920-5390 9,4 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: NIA 3. All other uses: Requires special review pursuant to Article 7, Division 4. E 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); S. 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. • i�ba� �� 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 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 C� 913 The use of the kitchen as a concession stand in the summer should be in -line with the operation of. the Recreation Department's operation of the concession stand at Iselin Park. A restaurant is not a permitted or conditional use in the Public zo a 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 of a public nature and/or sponsored by a organizatio25 3 � ASprw YOUTH r-ENtIER • USE. FFESCHIEDULE MW,121 :Rz • Y. are M U M �, *41 r; _�'o ••5: T ticio ....... Z:::� 0 !ibfit W; gl lIx .. _44♦� I-10, Any Use or Program a / irI loc. L124 rcz gip.,Youth Prograw^k;��rnA � �Em V�k 0"y ;;:^r�v3;r;. ...;;�;.,...5�:;'�' .r.. ��yy..,y5.y�y� A�y,�'.�r��:::sY',^h "'�: ,r�.;a'�...._• �'yfi .k+1c>;tv�. ^�_ �' ��`�`: �'' ?� •.�� }.- (■■//^.�,�.•.�� �? •�51,�: :; T'•.•.�Yb�..,�.w.• V �z? 6"Al NonAT6uth P.r66rim.AM, zX Youth Proorarmr D .• M 26-50 Non -Youth Program plir -1 '_V#,^4-,A*%. vbvx, 7 wr .:.f W43 via i m -it Wth wn 14 V aw ,: �•+Y i iT1, t. Youth Program % y - 11r5' r- �p over 100 �- Non-Youth Program r V. Fes .. - 541�5 Pv+ T V. pnove_ ever or eown cne_ up rA� r!5 move oVer or down nime over- cr kws _1A 3 0 0 * d 3 INS 0 H InOA N 3 d S V INOa j 01 County of Pitkin f AFFIDAVIT OF NOTICE BY t ss. MAILING OF A PUBLIC HEARING State of Colorado f FOR A CITY OF ASPEN DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: I, r being or representing an Applicant for a City of Aspen Development Permit, personally certify that the attached Exhibit 1 fairly and accurately represents a listing of owners within three hundred feet of the subject property and that these owners were notified via first class mail on the day of (Exhibit 1 attached) A Applicant's Signature Subscribed and sworn to before me this rday of Nqg�qgfA 19 ?Y by /, L WITNESS MY HAND AND OFFICIAL SEAL. My�ommi�on expires: !ZLIIA61 Votary P/blic's Signature ELISA JUL IEN Address NUTARY PUBLIC 31300 14WY 82 #11y, ASPEN Co 81611 Jean -Paul Aube 522 Algonquin Blvd East Timmins, Ontario PAN 1 B7 CANADA Melvin L. and Dorthy K. Sommer Trustees of Sommer Family Trust Apt. 208 11939 Gorman Ave. Los Angeles, CA 90049 Clark Ficke PO Box 2995 Aspen, CO 81612 Gretchen and Michelle Hendricks PO Box 9403 Aspen, CO 81612 Don Q. Lamb, Jr. Linda Gilkerson University of Chicago 5640 S Ellis Ave. Chicago, IL 60637 William A. Reilly Jane Whitaker Reilly 600 E Main St, #204 Aspen, CO 81611 Patti Wakefield Box 865049 Plano, TX 75086 Robert D. and Ruth Jane Miller 600 E, Main #206 Aspen, CO 81611 Steve B Brough Deborah A. Brough 599 Trout Lake Dr. Sanger, CA 93657 Robert H. Borcherts Holde H. Borcherts 1555 Washtenaw Ann Arbor, MI 48104 Linda Lee Ross 426 Handley Blvd Winchester, VA 22601 Richard S. and Katheryn J . Arnold 14 Riverridge Trail Ormond Beach, FL 32174 Thomas J. Hilb 4600 East 48th Ave Denver, CO 80201 Donald R. Heys Marie L. Heys 2495 Adare Ann Arbor, MI 48104 Austin Financial Co. A Minnesota Corporation 6692 Manchester Blvd Buena Park CA 90621 Bart Maetranzi 1101 N. Western Park Ridge, IL 60068 Kathleen A. Mann Box 2057 Aspen, CO 81612 Joseph A. Marchetti 1526 Forest Dr. Glenview, IL 60025 Tom J. and Jean F. Martin Route 1, Box 269M George West, TX 78022 Ralph Doran 2500 Woodward Way Atlanta, GA 30305 Ruben M and Edith M Cheniak 2800 So. University Blvd #110 Boulder, CO 80303 John L Sommer 5094 Avenida Hacienda #405 Tarzana CA 91356 Glenna Foster -Seipp and Marcia U Foster 3215 Tarry Hollow Dr Austin, TX 78703 Robert H. Mitchell 5934 Royal Lane, Ste 255 Dallas, TX 75230 Richard P. Coppock PO Box 44 Dexter, MI 48130 Martha Foster PO Box 585608 Dallas, TX 75218 John Hoban 5406 N, Briar Ridge Circle McKinney TX 75070 Gilbert W. and Patsy K. Hicks Trustees of Trust Agreement 3674 Woodlawn Terrace Place Honolulu, HI 96822 David S. Kidder 3928 University Blvd Dallas, TX 75205 William D. Arnett Bette Lee Arnett 5333N N Camino Real Tucson, AZ 85718 Jere McGaffey 777 E Wisconsin Ave Ste 3600 Milwaukee, WI 53202 Holland and Hart 600 E Main St Aspen, CO 81611 Aspen 600 A Colorado Joint Venture Box 3159 Aspen, CO 81612 Hunter Square Properties Irving Biers 2900 Las Gallinas Ave San Rafael CA 94903 Carisch Brothers A Minnesota General Partnership c/o Excellence Theaters -- STE 2700 230 West Monroe Chicago, IL 60606 Dayton Heidelberg Dist Co. 1518 Dalton St Cincinnati, OH 45214 Philip Z. and Marian S. Altfeld PO Box 9170 Aspen, CO 81612 Hopkins Street Venture c/o T.L. Mularz Box 1328 Ashland, OR 92520 Mel Seid 1104 Dale Ave Aspen, CO 81611 Spring Street Assoc. A Colorado Joint Venture David A Baxter 117 S Spring St Aspen, CO 81611 Jordan C. Block 55 East Washington St. Chicago, IL 60602 Neal A. Grant Donna R. Grant 1500 Nall Stanley, KS 66224 Bass Cahn Properties Horsefins LLC 701 Gibson Ave Aspen, CO 81611 W.R. Walton 0625 E Hopkins PO Box 665 Aspen, CO 81612 E. Norris and Goodrich H. Taylor #1 602 E Hyman Ave Aspen, CO 81611 Frank J Woods Suite 301 A 205 S Mill St Aspen, CO 81611 Furngulf Ltd. A Colorado Joint Venture 616 E Hyman Aspen, CO 81611 Dr. Jack S. and Gesine Crandall DBA Patio Bldg Co PO Box 1066 Aspen, CO 81612 Bohdan D. Mysko Dominion Shipping Corp 3 Riverway, Suite 120 Houston, TX 77056 Jean V. Trousdale 601 E Hopkins Aspen, CO 81611 Theodore E. Okie Katherine S. Okie 10800 Paramount Blvd Downey, CA 90241 M.B. Joint Venture A Colorado Joint Venture c/o Fred Martel 3 Quail Run Old Westbury, NY 11568 Richard P. and Dorthy P. Simmons Amy P. and Brian P. Simmons c/o Brian P. Simmons 2018 North Orleans Chicago, IL 60614 William F. Carr, Trustee PO Box 341 Carbondale CO 81623 Jaelly and Assoc. Ltd. c/o John A. Elmore III 700 E Main St Aspen, CO 81611 Fred and Barbara Martel 3 Quail Run Old Westbury, NY 11568 Bobert Baum Radiger Dahle 35 Mayflower Drive 1945 Zapo St Tenafly, NJ 07670 Del Mar CA 92014 Rowald J. and Dana L. Cohen Richard Burkley 6500 Rock Spring Drive 709 E Main St # 301 Bethesda, MD 20817 Aspen, CO 81611 Stephen J. and Elissa P. Salzman Donald D. Damerell 1501 Beacon Street - #1902 Trustee of the Damerell Trust Brookline, MA 02146 c/o ABD Irrigation 8444 Limonite Red River Valley Investment Comp. Riverside, CA 92509 A Minnesota General Partnership 408 St. Peter Street Suite 440 Joan C. Schoeder St. Paul, MN 55102 53 Pima Ct Boulder, CO 80303 Neil Ross 100 South Spring Bayard Y. Hovdesven Aspen, CO 81612 PO Box 3810 Aspen, CO 81612 Lido Anthony Iacocca 27777 Franklin Rd Edward L. Thrasher, Jr Southfield, MI 48034 PO Box 7974 Aspen, CO 81612 Reede Co. Ltd. PO Box 122 Christine Aubale Gerschel Mignot Plateau PO Box 2985 St Peter Port, Guernsey Aspen, CO 81612 CHANNEL ISLAND Henry R. Filip Robert J. Appel Box 4381 -- 205 South Third St 700 Park Ave, Ste 18A Aspen, CO 81612 New York, NY 10021 Laurie Van Woerkom Michael and Marcy Gribitzn PO Box 341 13800 NW Fourth St Woody Creek, CO 81656 Sunrise FL 33324 Shelby J. Travis Sharon H. Tingle 208 E 28th St. Apt #2G PO Box 4189 New York, NY 10016 Aspen, CO 81612 Mary Jo Berscheit PO Box 1414 Aspen, CO 81612 Jonathan G. Ashton PO Box 4038 Aspen, CO 81612 Vicki Pattersont 1500 Homestake Dr Aspen CO 81611 Gabriella Bursten PO Box 571 Pacific Palisades, CA Trent E. Cowart 125 Hayward Heights Glenrock, PA 17327 Jeffrey N Williams & Kevin G Hutchins Box 9817 Aspen, CO 81612 Palmer C. Casey Apartment 8 1047 Euclid Street Santa Monica, CA 90403 William R. Dunaway PO Box E Aspen, CO 81612 Larry Jones 90272 PO Box 2152 Aspen, CO 81612 Bunny Olds 2010 3rd St # 209 Santa Monica, CA 90405 Thomas E. and Vivian E. Thoburn 3206 Buckingham Lane Coca, FL 32926 Vibeke Traulsen Box 8916 Aspen, CO 81612 Nicholas J Gubser Box 870 Aspen, CO 81612 Sam Hill Box 10216 Aspen, CO 81612 Ewald Rainer 409 E Cooper Ave #4 Aspen, CO 81611 Mountain States Communications, Inc PO Box E Aspen, CO 81612 Wayne Glover 11288 Ventura Blvd STE 710 Studio City CA 91604 Dieter & Peter Cantrup 57 Cub Ct El Jebel , CO 81628 Leonard and Sandra Cave 1400 Tucker Lane Ashton, MD 20861 Marilyn Oberembt B.G. Oberembt PO Box 1730 Pawley Island, SC 29585 Greg Sherwin 1028 E. Hopkins #26 Aspen, CO 81611 Richard N. and Mary L. Lee Rural Route 1 Altanta, KS 67008 Nicholas Cipollino Box 379 Stratton VT 05155 Ralph R. Devine P.J. Sullivan PO Box 7851 Aspen, CO 81612 Kenneth Heininger Jeanne Heininger PO Box 307 Charlevoix, MI 49720 Margaret A. Conner Claude M. Conner & Warren J. Conner 534 E Hopkins Ave Aspen, CO 81611 Aspen Plaza Co. PO Box 1709 Aspen, CO 81612 Charles Cunniffe 520 E Hyman Ave Aspen, CO 81611 Alpine Bank Aspen A Colorado Banking Corp. 600 E Hopkins Ave Aspen, CO 81611 Dennis Chookaszian 1235 Whitebridge Lane Winnetka, IL 60093 Sheldon J. Diller 77025 Fernando Ave La Quinta, CA 92253 Edge of Ajax, Inc. PO Box 2202 Aspen, CO 81612 City Manager 130 South Galena Aspen, CO 81611 Pitkin County Manager 530 East Main Aspen, CO 81611 County of P itk in t AFFIDAVIT OF NOTICE BY t s s . MAILING OF A PUBLIC HEARING State of Colorado t FOR A CITY OF ASPEN DEVELOPMENT PERMIT The undersigned, being first duly sworn, deposes and says as follows: I, 11 being or representing an Applicant for a City of Aspen Development Permit, personally certify that the attached photograph fairly and accurately represents the sign posted as notice of the public hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the sign was posted and visible continuously from the day of gr)uw .�( 3 19at to the k­- day of , 19 - • e Appli an-�' s S ignaLre Subscribed and sworn to before me this i sr day of AW940EI2 19 iy by 1)el , WITNESS MY HAND AND OFFICIAL SEAL. My ommission expires:- otary P bl ic' s Signature Address NOTARY P U B L IC 31300 HWY 82 ASP EN CO 81611 Attachment 8 County of Pitkin } } Ss. State of Colorado } AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 6-205.E. being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 6-205.E. of the Aspen Land Use Regulations 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 ( 3 0 0 ) feet of the subject property, as indicated on the attached list, on the day of �-� , 199,E (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 2 day of �C-� , 199, to the r day of "'� ( I %� „199 (Must be posted for at least ten (10D lull# dWo 4fore the hearing date). A photograph of os e ign is attached hereto. Signature (Attach photograph here) Signed before me this day of Uc•-�o l e,,A—_ , 199q­. by C'�2A m- ZC IICrZ--. VILTNESS MY HAND AND OFFICIAL SEAL My (��Commiss ' on expires: Z (5 1 7 Notary Public PUBLIC NOTICE RE: CHISHOLM CONDITIONAL USE REVIEW FOR AN ACCESSORY DWELLING UNIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 1, 1994, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission in the second floor meeting room, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Edith, Heather and Karen Chisholm, 205 W. Main Street requesting Conditional Use Approval for an Accessory Dwelling Unit to be located in the existing residence at 205 W. Main Street, the East 15' of Lot G and all of Lots H and I, Block 52, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen Pitkin Planning Office, 130 S. Galena St., Aspen, CO. 920-5106. S/Bruce Kerr, Chairman Planning and Zoning Commission