HomeMy WebLinkAboutagenda.apz.19930608A G E N D A
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ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
June 8, 1993, Tuesday
4:30 P.M.
2nd Floor Meeting Room
City Hall
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COMMENTS
Commissioners
Planning Staff
Public
II. MINUTES
III. PUBLIC HEARING
A. Maroon Creek Ranch Golf Course Water Policy, Cindy
Houben
B. Rio Grande Master Plan Adoption, Leslie Lamont
C. Early.Learning Center Conditional Use Review, Leslie
Lamont
IV. N5N--BUSINESS
A. Text Amendment for Multi-Fdmily Parking
Requirements, Leslie Lamont (Tabled on June 1, 1993)
IV. -ADJOURN
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TO: Aspen Planning and Zoning Commission
FROM: Suzanne Wolff, Administrative Assistant
RE: Upcoming Agendas
DATE: June 8, 1993
Regular Meeting - June 22
Pioneer Park Historic Designation (AA)
Alciatore Conditional Use Review for ADU (KJ/LL)
Election of Chairman and Vice Chair
Regular Meeting - July 6
No items yet
a.nex
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TO: Aspen Planning and Zoning Commission
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THRU: Diane Moore, City Planning Director',.,
FROM: Cindy Houben, Director of Long Range Planning
Larry Ballenger, Aspen Water Department Director
DATE: June 8, 1993
RE: Maroon Creek Ranch (Pfister Golf) City Water Extension
ISSUE: This year the Aspen City Council adopted Resolution No. 5,
Series of 1993, endorsing and adopting policies to guide the
municipal water system's development and services (see attached
Resolution No. 5).
In July of 1990 the City entered into a water service agreement
with the then owners of the Maroon Creek Ranch. Since that time
the water agreement has lapsed. The final approval of a water
extension agreement by the City rests with the City Council. The
City Council has asked that the Planning and Zoning Commission
review the request for an extension of City water to the project
in light of the policies adopted in Resolution No. 5.
BACKGROUND: The Maroon Creek Ranch PUD is located in the metro
area of Aspen within Pitkin County. The Maroon Creek Ranch
proposal has been reviewed pursuant to the County Land Use Code
since 1986. The following is a summary of the proposal. Currently
the County is reviewing the final plat for the development. The
BOCC will hold a hearing on the final plat on June 15, 1993. A
summary of the proposed project is attached as Exhibit "A".
ANALYSIS: The two primary statements of policy that the City
Council is asking the Planning Commission to review are discussed
by the staff below:
CRITERIA 1: The extension will be consistent with and further the
goals of the Aspen Area Community Plan and those growth management
regulations adopted pursuant thereto.
STAFF DISCUSSION: The units approved by the County in the Maroon
Creek Ranch project were accounted for and included in the
development and analysis of the AACP. Thus, the Maroon Creek Ranch
project is consistent with the number of units and the population
projections anticipated in the AACP. Specifically, buildout of the
Maroon Creek Ranch PUD was forecasted when developing the following
AACP goals:
* Future 2% growth rate for new development;
* 60% of the workforce living in the metro area.
"Character" issues surrounding the development proposal were not
taken into consideration at the time the AACP was created since it
was assumed that the County had already "vested" the rights of the
developer at detailed submission.
Today, any new development proposals requiring the use of City
water will be brought into the review process at a much earlier
stage given the new City Water Policies.
New Growth Management regulations are in the process of being
developed and are anticipated to be reviewed by the Planning
Commission this fall. The AACP discusses "coordinating the use of
utility extensions to reinforce the Community plan and Growth
Management policy plan."
The new policy requires that extensions of the City water system
follow the language from Resolution NO.5, series of 1993:
"No extension of service shall be approved without the prior
execution of a written water service agreement incorporating
a contractual obligation on the part of. the user to annex the
property benefitted by the water service to the City of Aspen
if such property is contiguous or becomes contiguous to the
City and the City determines such annexation is desirable."
The City has the capacity to serve water to the targeted 30,000
metro area peak (residents and visitors) population as planned by
the AACP at buildout.
The two City water plants have the capacity to serve 20
million gallons per day.
Currently, at PEAK demand, the City supplies 9.7 millon
Gallons of water per day (M/G/D).
The Maroon Creek Ranch project is estimated to require 140,800
gallons per day, based on occupancy figures used in the AACP
(not including the irrigation of the golf course) . The figures
used by the water department are much higher based on the
applicants bedroom count and additional uses. The planning
office does not agree with their figures based on the detailed
submission approvals, however, we felt it was wise to analyze
a worst case scenario for future planning purposes. Therefore,
the water department figures indicate that the total water
usage per day for the development could be as high as 300,000
gallons per day. Thus, there is a potential range of use
between 140,800 - 300,000 gallons used per day.
The AACP anticipates an estimated additional 7,500 persons at
buildout (we are currently at 23,000 and are planning for
30,000). Approximately 500 - 1,500 (worst case using the
applicant's bedroom count) of these people will be associated
with the Maroon Creek Ranch project. Thus, an additional
51500 - 7,000. persons (including the Maroon Creek Ranch
project) will require approximately 1,100,000 - 11400,000
gallons per day of water.
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* The estimated total water usage of the metro area at
buildout (inclusive of the Maroon Creek Ranch Development)
equals approximately 11,240,800 - 11,400,000 gallons per
day (this does not include irrigation of the golf course on
the Maroon Creek Ranch).
Therefore, the approval of the extension of water to the Maroon
Creek Ranch proposal will not deplete the city water resource for
anticipated growth projected in the AACP (see memorandum from Larry
Ballenger, attached).
CRITERIA 2: The extension will serve only such growth as has been
endorsed by the City Council.
STAFF DISCUSSION: This development proposal has been subject to
numerous land use reviews by the County since 1986. During this
process the City Council and the Planning and Zoning Commission
have been given the opportunity to comment on this proposal.
RECOMMENDATION: The proposed extension of municipal water to the
Maroon Creek Ranch is consistent with the goals of the AACP
relative to population and unit count. The character of the
proposal was not discussed given the "vested" interest of the
developer with the County.
The staff recommends that the Planning and Zoning Commission
recommends approval of the water extension agreement with the
Maroon Creek Ranch PUD.
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EXHIBIT "A"
SUMMARY OF THE MAROON CREEK RANCH APPROVALS:
• 369 acres (on both the North and South sides of Highway 82)
• 43 free market single family homes;
• 37 free market multi family townhomes;
• 30,100 commercial square feet to be added to the Grand
Champions Club;
• 40 affordable housing units (39 multi family units and 1
single family unit); and
• 12 lodge rooms to be added to the Grand Champions Club
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Senior Planner
DATE: June 8, 1993
RE: Rio Grande Master Plan - Adoption
SUMMARY: Attached for you review is the Rio Grande Master Plan.
This plan has been amended to reflect Commissioner comments relayed
to staff at the March, April and May meetings.
Specifically, a new land use map has been developed which
identifies, in general terms, categories of land uses that the Rio
Grande Group finds appropriate for the Rio Grande parcel, such as:
Recreation/Transportation, Passive Park with Art Theme etc. Also,
the "Youth Recreation" area has been retitled to
"Transportation/Youth Recreation".
Although the Commission approved and recommended to Council
adoption of the Rio Grande conceptual SPA plan at the April 20,
1993 meeting, it is necessary for the Commission to adopt the plan
as a Master Plan for endorsement by City Council.
Staff was under the impression that a conceptual SPA master plan
had been created for adoption. The City Attorney has determined
that the document and related maps are in fact a Master Plan
because the plan does not address development issues for site
specific proposals. A plan that establishes general guidelines
and goals should be used as a Master Plan to guide future
development. When site specific development is proposed the full
SPA review process will then be used for development review.
Fortunately, a master plan does not expire after two years like a
conceptual SPA. The Master Plan remains in effect until it is
either amended or superseded by another plan. Unfortunately, the
various organizations that participated in the Master Planning
process thought that conceptual SPA review was being accomplished
and only final SPA review (a 2 step vs. 4 step review process)
would be necessary before their particular development. However,
staff recently amended the Land Use Code to enable an applicant to
consolidate the four step SPA review process into a two step review
process, similar to PUD review. Therefore if an applicant submits
an application for development soon after the Master Plan is
adopted and the proposal is consistent with the Plan, a
consolidated SPA review may be appropriate.
The Commission shall adopt a Master Plan by Resolution and Council
shall endorse the Commission's adopted plan. Please see the
attached Resolution adopting the Master Plan.
Staff recommends adoption of the Rio Grande Master Plan.
LOCATION: Rio Grande property located between Rio Grande Drive and
the Roaring Fork River, Aspen, Colorado.
ZONING: Public with Specially Planned Area overlay.
STAFF COMMENTS: Staff has been working with a citizen committee,
the Rio Grande Group, to formulate the Rio Grande Master Plan. The
Group has recommended several land use actions and developed three
land use development scenarios. Those three scenarios are
represented by the land use maps provided in Appendix A of the
plan. The maps are intended to serve as guides for site specific
development. Based upon the Planning and Zoning Commissioner
comments at the last meeting, the three "Potential Development
Scenario" maps are provided only as guides for future development.
The land use map that will be adopted with the plan is part of the
text and found on page 20.
Once the Master Plan is adopted, site specific development
proposals will be reviewed based upon the full SPA review criteria.
An application for SPA review should be created for specific
development proposals for the property and should be consistent
with the Master Plan unless that plan has been amended by the
Commission and Council.
Aspen's Land Use Code does not provide standards for the adoption
of a Master Plan. However, State legislation does require adoption
of Master Plans, at a public hearing, by the Planning and Zoning
Commission with an endorsement by City Council.
Absent review criteria for adoption, staff has conducted numerous
work sessions with the Commission to develop the guidelines for
future development on the Rio Grande. Staff is confident that the
Master Plan reflects the Rio Grande Group's concerns and
recommendations and the essential goals of the Commission.
RECOMMENDATION: Staff recommends, adoption of the Rio Grande Master
Plan.
RECOMMENDED MOTION: "I move to adopt the Rio Grande Master Plan."
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RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
ADOPTING THE RIO GRANDE MASTER PLAN
Resolution No. 92-
WHEREAS, the Aspen Planning and Zoning Commission (hereinafter
"Commission") have the responsibility and the authority to adopt
comprehensive plans for Aspen; and
WHEREAS, the Commission and City Council directed staff to
prepare a Master Plan for the publically owned Rio Grande property,
with attention focused primarily on the area between Rio Grande
Drive and the Roaring Fork River; and
WHEREAS, staff, together with community members and
representatives of community organizations forming the Rio Grande
Group, identified general land use goals and recommendations for
future development of the property; and
WHEREAS, a land use map has been created that identifies
specific areas of the Rio Grande property with general land use
themes, which map shall be adopted with the Master Plan and
incorporated therein; and
WHEREAS, three other land use maps have been prepared and
included in Appendix A of the Master Plan to ensure that
development of specific uses can be accommodated on the property,
however, these maps are intended to be used only as guides; and
WHEREAS, the Commission has formally reviewed the Master Plan
at regularly scheduled meeting April 20, 1993; and
WHEREAS, a duly noticed Public Hearing was held by the
Commission on June 8, 1993 to consider the Master Plan for the Rio
Grande property.
NOW, THEREFORE BE IT FINALLY RESOLVED by the Commission that it
does hereby adopt the Rio Grande Master Plan.
APPROVED by the Commission at their regular meeting on June 8,
1993.
ATTEST: ASPEN PLANNING AND
ZONING COMMISSION
Jan Carney, Deputy City Clerk Jasmine Tygre, Chairperson
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Leslie Lamont, Planning
RE: Early Learning Center - Conditional Use Review
DATE: May 18, 1993
SUMMARY: The applicant, Early Learning Center (ELC), has requested
to amend their 1991 conditional use approval for a day care center
in the old Yellow Brick School. The amendment to the conditional
use is an expansion of uses to include a public and private
academic school use. Staff recommends approval of conditional use
with conditions.
Review of this application was tabled to June 8, 1993 because of
improper notice of this public hearing.
Please find the submitted application attached for your review.
APPLICANT: Early Learning Center as represented by Alice Davis
LOCATION: 215 North Garmisch Street, Aspen
ZONING: R-6
APPLICANT'S REQUEST: To amend the 1991 conditional use approval
for a day care center to include public and private academic school
uses.
STAFF COMMENTS:
Proposal - The Early Learning Center received a conditional use
approval from the Commission in April, 1991 for a day care center.
The approval limited hours of operation to 7 am to 6 pm seven days
a week in high season and five days a week in the off season.
The Early Learning Center does not use the entire building and
would like to lease space to other organizations. The ELC proposes
to utilize the remainder of the building for educational related
uses. Although all potential uses are not known *at this time,
Aspen Ballet dance classes, Yoga center classes for adults and
children and the Waldorf School have expressed an interest in the
building. However, the ELC is not interested in compromising
their program and in the event the ELC program grew, educational
uses would be reduced to support ELC space needs.
The ELC has also requested to increase the approved hours of
operation (7 an - 6 pm) to 7 am - 10 pm.
Although the building was used as a public elementary, school for
the past forty years, and the ELC is proposing to reintroduce
educational related uses to the building, it is staff's
interpretation that this is a substantial amendment to the
conditional use approval for a day care center.
A substantial amendment to a conditional use approval requires a
full review by the Commission.
Conditional Use Review - Pursuant to Section 7-304 the criteria for
a conditional use review are as follows:
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: In the Design Quality and Historic Preservation section
of the recently adopted Aspen Area Community Plan, a short term
recommendation is to "support and enhance the continued educational
use of the yellow brick school..."
The In -town School Site Committee recommended that the yellow brick
site be used for day care purposes. This application supports the
continued use of the building for day care uses. However the ELC
believes that the ability to lease unused space for educational
related uses will provide needed financial support for the ELC
program.
There is a warranted concern of adjacent neighbors that the ability
to utilize the building for general educational related uses will
tempt more extensive adult educational programs. In addition,
those entities that do not get into the red brick school might be
enticed to pursue space in the yellow brick school. The primary
use of the building and the focus of the programs will continue to
be day care operations and related programs for children. It is
not physically possible to convert the classrooms used by the ELC
during the day to adult educational use by night. In addition,
approval of educational related uses shall be narrowly interpreted
to mean classroom education only and shall not be construed to mean
office space for educators or creative space for artists who
occasionally conduct a seminar or two.
If the ELC or alternative day care or child related programs cease
to use the building as the primary use, any proposed use of the
building or expansion of educational related uses shall be reviewed
pursuant to Section 24-7-304 of the Municipal Code.
The underlying zoning of the ELC is R-6 - Medium -Density
Residential. The purpose of the zone district is to:
provide areas for residential purposes with customary
accessory uses. Recreational and institutional uses
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customarily found in proximity to residential uses are
included as conditional uses. Lands in the Medium -
Density Residential (R-6) Zone District are generally
limited to the original Aspen Townsite, contain
relatively dense settlements of predominantly detached
and duplex residences, and are within walking distance
of the center of the City.
The day care center was found to be an appropriate accessory use
in the R-6 zone district. Expansion of the conditional use to
include educational related uses is still consistent with the
recreational and institutional uses contemplated in the R-6 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: According to the application, several improvements to
the yard were to be made. Those improvements have been
accomplished by the ELC and surrounding neighbors, most notably
removal of the chain link fence which was replaced with a wood
fence.
The proposed reuse of the building does not require further
structural changes to the building. Although the elimination of
the elementary school has reduced daytime impacts to surrounding
neighbors, expansion of allowable uses in the building may generate
impacts that are not compatible within the residential
neighborhood. For example, extending the hours of operation to 10
pm does not compliment the quiet nature of the neighborhood after
dark and is not consistent with the historical use of the building
when it was a school. Adjacent residents have complained that
current night use of the building has "an adverse effect, including
visual impacts" on neighbors. Lights are often left on late at
night by janitors and without shades, the building becomes a bank
of light. In addition, cars leaving the site late at night could
become disruptive.
Staff recommends that the use of the building not be extended to
10 pm. In order to accommodate classes or meetings geared for
"after work" patrons, staff believes that a cessation of operations
by 8 or 8:30 is more reasonable. In addition, for ELC shall
install block out shades to reduce visual impacts on the
neighborhood.
The applicant did not identify the number of days that the building
will be used. The Waldorf School is only in session from September
to June and ELC's enrollment drops during the summer. However, the
applicant shall be prepared for the Commission public hearing to
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address how many days a week the building will be used.
Again, the applicants do not propose to substantially alter the
current use of the building which is a day care facility.
Expansion of the conditional use will enable the ELC the
flexibility to fill extra space to help support the ELC program and
take advantage of the structure to for what is was built for,
public and private academic school.
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: Closure of the elementary school and reuse of the
building by the ELC reduced the impacts to the surrounding
neighborhood. According to school district personnel, 220 children
attended the elementary school and between 17 and 23 full time
employees worked in the yellow brick school. The schools were in
session from 8:30 am to 3:15 pm. Approximately 12 buses dropped
off and picked up children at both schools. With trash and
delivery service, and field trips, it is estimated that the total
number of vehicular round trips were 160 vehicles per day at both
schools.
Other than the above mentioned extension of the hours of operation,
the applicant contends that the use of the building for education
related purposes will not have negative impacts on surrounding
properties. The child care operation is smaller than anticipated.
There are 10-12 ELC employees. The Waldorf School uses two
classrooms with two teachers September through June.
Although most of the anticipated educational uses are programs for
children (i.e. - gymnastics, ballet) increased traffic should not
reach the levels experienced when the building was an elementary
school.
There are approximately 32 off-street parking spaces available on
Bleeker Street. There are 2 loading spaces zoned at either end of
the school.
Currently these spaces to accommodate the existing uses. However,
resident complaints have been lodged to the Planning office about
the congestion when parents drop off and pick up for the ELC and
when the Wildwood bus drops off children in the afternoon. The
Wildwood school uses this site only as a drop-off location. The
Waldorf School does not exit the building at either end where the
loading and unloading zones are. The children exit through a side
door onto West Hallam where they are picked up by parents. Note:
there are no sidewalks on the perimeter of the block.
The various loading and unloading scenarios have, from the
neighbors perception, created a certain level of chaos,. Staff is
concerned that additional traffic and parking related needs will
compound the problem. Proposed plans for the resident parking
sticker program in the West End will further reduce available on -
street parking. Staff suggests that the ELC develop a
loading/unloading parking plan. The plan should include:
* Bleeker Street parking signed for patron use of the
building only;
* enlarge the loading zones at either end of the building;
* relocate Wildwood drop-off elsewhere in town; and
* exit Waldorf School onto either Garmisch or First Street.
Because use of the building is reduced during the summer the ELC
may have until August 1, 1993 to review a parking plan with the,
Parking Director, and Engineering and Planning Departments.
D. There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable
water, sewer, solid waste, parks, police, fire protection,
emergency medical services, hospital and medical services,
drainage systems, and schools; and
RESPONSE: The public facilities are adequate to serve this expanded
conditional use. However, the Environmental Health Department
commented during the 1991 conditional review that radon levels were
very high. One method of mitigation suggested by the department
was not to use the rooms with the highest radon counts. The
applicant shall confirm with the Environmental Health Department
that space proposed for the new educational related uses has been
mitigated of radon hazard.
E. The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use; and
RESPONSE: The yellow brick school employed between 17 and 23 full
time employees. The ELC expected to employee 19 full time
employees. However, the adjusted program employees between 10 and
12 employees. Waldorf School has two teachers but expects to
increase to four teachers next year. The ELC commits that there
will be no more full-time equivalent (FTE) employees on site than
the original 23. Therefore there is no affordable employee housing
requirement.
F. The proposed conditional use complies with all additional
standards imposed on it by the Aspen Area Comprehensive Plan
and by all other applicable requirements of this chapter.
RESPONSE: The proposed conditional use will with the other
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regulations of this chapter. The partial reuse of the building for
education purposes complies with the short-term goal of the Aspen
Area Community Plan to "support and enhance the continued
educational use for the yellow brick school."
RECOMMENDATION: Staff recommends approval of the conditional use
for educational related uses in the Early Learning Center with the
following conditions:
1. The primary use of the building and the focus of the programs
shall continue to be day care operations and related programs for
children. If the primary use of the building becomes non -Early
Learning Center or an alternative day care and child related
program, any proposed use shall be reviewed pursuant to Section 24-
7-304 of the Municipal Code.
2. Educational related uses shall only mean classroom or
instructor oriented such as gymnastic education and shall not be
construed to mean office space for educators or creative space for
artists who occasionally conduct a workshop or seminar.
3. The building shall not be used beyond 8:30 pm.
4. The ELC shall install block out shades to reduce visual impacts
in the neighborhood.
5. The applicant shall be prepared to discuss the number of days
in a week that the building will be used at the Commission public
hearing.
6. The ELC shall develop a loading/unloading and parking plan.
The plan should include: signing of Bleeker street parking for
patron use of the building only, enlarging the loading zones at
either end of the building, relocation off the site of Wildwood
drop-off, and alternative exiting location for Waldorf School
preferable onto either Garmisch or First street. Said plan shall
be reviewed and approved by the Parking Director, and Planning and
Engineering Departments on or before August 2, 1993.
7. The applicant shall confirm with the Environmental Health
Department that space proposed for the new educational related uses
has been mitigated of radon hazard.
8. The ELC commits that there will be no more than 23 FTE on site.
9. All representations made in the application and at the public
hearing shall be adhered to by the applicant during the operation
of this conditional use.
10. The applicant shall make a presentation to the Planning and
Zoning Commission at their regularly scheduled meeting August 17,
1993 to verify that all the conditions of approval have been met
21
and there are no violations of this conditional use approval.
RECOMMENDED MOTION: "I move to approve the conditional use for the
expanded educational uses at the Early Learning Center, 215 North
Garmisch Street with the conditions recommended in the Planning
Office memo dated 5/18/93 finding that the conditional use complies
with the Aspen Area Community Plan."
EXHIBITS:
A. Plan of building
B. Citizen Letters
C. Affidavit of Public Notice
D. AACP Design Quality and Historic Preservation pg. 55
E. Submitted Application
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06/03/93 11:32 'M 715 835 5013 WISSOTA S&G CO [1 02
June 3, 1993
Aspen/Pitkin Planning Office
130 S. Galena St.
Aspen, CO 81611
ATTENTION: Leslie Lamont
Dear. Leslie:
Confirming our telephone conversation of this morning and the amendment
to the Early Learning Center at 215 N. Garmisch (Yellow School) . My
main concern with the expansion is the activity and parking can
W. Bleeker. Bleeker Street has become a second main street, and we
have the automobiles, buses, trucks and especially the muffler -free
motoreylecs running up and down our street .from early morning until
the bars close downtown. With the proposed additional use at the
Learning Center this will create more activity, and this is our concern.
T am sure: our neighbors on Hallam and First Streets have this same
concern.
Please take this into consideration when ,you set the hours of activity
at the Yellow Schoolhouse.
You s truly,
Ray A. Larson, Jr.
222 W. Bleeker St.
Aspen, CO 81611
State of C
City of As
follows:
PLANNING ZONING COMMI-XAMENT
EXHIBIT (.... , APPROVED ,
19 BY RESOLUTION
AFFIDAVIT OF PUBLIC NOTICE
OF APPLICATION FOR DEVELOPMENT APPROVAL
(Pursuant to Section 6-205 E. of the Aspen Land Use Regulations)
olorado)
SS.
pen )
The undersigned, being duly sworn, deposes and says as
I, Alice Davis being or representing an applicant before City
of Aspen, personally, certify that Public Notice of the application
for the Early Learning Center at the Yellow Brick School site was
given by mailing notice of the public hearing before the Aspen
Planning and Zoning Commission to all property owners within 300
feet of the subject property. Also, notice was posted via a sign
containing the information required in Section 6-205 E with such
posting in a conspicuous place (as it could be seen from the
nearest public way). Posting occurred on May 3, 1993 and mailing
occurred on April 30, 1993.
Applicant:
Early Learning Center Board
By
Alice Davis
The foregoing Affidavit of Public Notice was acknowledged and
signed before me this 3rd day of May 1993, by Alice Davis on behalf
of the Early Learning Center Board.
WITNESS my hand and official seal.
My commission expires: 31�/9'?
NOTARY PUBLIC
czo G to La �,q
t awl o v(o 4 l
1�
RACZAK
ADMINISTRATIVE
SERVICES
CERTIFICATE OF MAILING
Janet L. Raczak, of Raczak Administrative Services,, Inc., does
hereby certify that on May 28, 1993, a true and correct copy of the
attached Public Notice re: Early Learning Center Conditions Use
Review was placed in the United States Mail, first-class postage
prepaid to the owners of property within 300 feet of the subject
property. A copy of the list property owners, notified is attached
hereto.
J#het L. Raczak��
0234 Light Hill Road o Snowmass, Colorado 81654 • 303-927-4800 AO
�F
Design Quality ahWJ71M79=�
9 — BY
MSOLUTION �n4Cl67ENT
reservation �
❑ 1. Develop a historic preservation program in
the County. Begin by developing standards,
expanded guidelines and incentives.
❑ 2. Provide planning staff assistance to and
encourage neighborhoods not located within
historic districts to develop their own set of
Character Guidelines to assist new
development fit within the context of that
neighborhood's character.
❑ 3. Continue review of public projects through
the Public Projects Review Group (PPRG);
expand the PPRG to include a wider
discipline of design professionals.
❑ 4. Encourage front porches by amending the
Aspen Land Use Regulations to exempt front
porches from FAR and site coverage
calculations, and reduce total allowable
FAR's accordingly.
❑ 5. Retain the red brick school building for
public use and preserve its open space;
a. Purchase for public use;
b. Rezone to public.
center:
❑ a. Do a comprehensive study for the
yellow brick school to determine its
ultimate appropriate function, use and
character contributions to the
community.
❑ 7. Study which areas in the downtown core
could be developed in order to attract social
activity in specific places (i.e. people
magnets at intersections or ends of corridors
and comers).
❑ S. Investigate programs for enhancement of
alleyscapes, both commercial and residential.
❑ 9. Amend Historic Preservation Guidelines to
encourage compatible roof -top activities in
the commercial districts.
❑ 10. Amend the City Code to require review of
alterations and additions to all historic
resources identified on the Aspen Inventory
of Historic Sites and Structures.
❑ 11. Develop a Neighborhood Office zone
district for portions of the Main Street
Historic District, to encourage locally
owned businesses to locate here and provide
year-round vitality to this area.
❑ 12. Review the appropriateness of current floor
area ratio allowances in the Residential-6
(R-6) zone district.
❑ 13. Study the Hunter Street corridor for
increased buildout with aesthetic quality as
it relates to the historic district and the
gondola.
0
Davits tlorn��c-
PLANNING • APPRAISING • REAL ESTATE CONSULTING
PLANNING�t!#
NG COMMISSION
EXHIBIT APPROVED
19 BY RESOLUTION -01
April 30, 1993
Ms. Leslie Lamont
Aspen-Pitkin Planning Office
130 S. Galena Street
Aspen, Colorado 81611
Re: The Early Learning Center Amended Conditional Use Review
Dear Leslie:
Davis Horn Incorporated represents The Early Learning Center Board
(hereinafter "applicant", refer to attachment 1) which is seeking
to amend the Conditional Use approval granted by the Aspen Planning
and Zoning Commission in April, 1991 for the yellow brick school
site. At that time the school was converted from an elementary
school use into the existing child care use, The Early Learning
Center. As The Early Learning Center does not need or use the
entire building, this application is to request approval to return
to educational uses for the remainder of the building which is not
being used by child care and child care related uses.
As depicted by the Vicinity Map, attachment 2, the subject site is
located on Block 57, Aspen Townsite. The majority of the property
is owned by the Aspen School District which has consented to the
application. A portion of the site is owned by Pitkin County so we
are also submitting a letter from the County consenting to the land
use application. (Refer to attachment 3.)
Thank you for meeting with me in a pre -application conference to
review the issues associated with the amended conditional use
review. This letter describes the requested proposal and
demonstrates compliance with the Conditional Use criteria of the
Aspen Land Use Regulations (Section 7-3).
REQUESTED CONDITIONAL USE APPROVAL
The Yellow Brick School was an elementary school since the 19401s.
It is currently approved and used as a day care center, The Early
Learning Center. Since The Early Learning Center does not need the
entire building, they would like to have other educational uses
occupy the remaining unused space. A school and a day care center
use are both conditional uses which have been approved for the site
in the past. This request is to return to more educational,
academic school related uses in the space not needed at this time
for day care activities. The already approved day care use will
still be able to expand at some point in the future if necessary.
ALICE DAMS, SRA J GLENN HORN, AICP
215 SOUTH MONARCH • SUITE 104 • ASPEN, COLORADO 816t1. 303/925-6587 • FAX 303/'925a180
7_
Leslie Lamont
April 30, 1993
Page 2
The building's impacts should not be any different if it is
occupied by the day care use or the educational uses; the new uses
will have similar or lesser impacts. The entire building will have
less impacts than when the elementary school was operational.
This request is to allow excess space in The Early Learning Center
to be used for "academic/educational" uses. Such uses would
include, but not be limited to Aspen Ballet dance classes, Yoga
center classes for adults and children, the Waldorf School, and
other similar academic/arts/cultural related educational uses.
(See attachment 5, floor plan of proposed use of the building.)
Any tenant or use will be tied to education. The hours of
operation requested as part of this application are from 7:00 A.M.
to 10:00 P.M. The day care use is approved from 7:00 A.M. to 6:00
P.M. The expanded hours will allow the traffic and parking impacts
to be spread out over a longer time period and not concentrated at
peak hours. This should be safer for the drop off and pick up of
day care children and allow a more efficient use of the building.
The educational uses which may locate here are not all specified
(or known) at this time, but the Yoga Center and Aspen Ballet are
two uses which would continue past the 6:00 P.M. time frame
approved at this time. Also, The Early Learning Center Board will
meet in the evening once a month. The night time use will be
minimal and impacts should be minimal as well.
The newly adopted Aspen Area Community Plan (AACP) which involved
over a year of community research and input, specifically states
that the Yellow Brick School be retained as an educational center
for the City of Aspen. This conditional use application therefore
is consistent with and helps to accomplish the goals of the AACP.
The City of Aspen's Child Care Advisory Committee recommended to
City Council that The Early Learning Center occupy space and manage
the yellow brick building in the most efficient way possible. In
that regard the Committee recommended that The Early Learning
Center lease out the space not needed by the day care use to help
cover the costs of the building. The review and recommendations of
the advisory committee were made at the request of the City Council
which was concerned about the amount of subsidy which was necessary
to operate the building. The Council agreed with the findings of
the Committee. Therefore, one of the purposes of this application
is to adhere to the Committee and Council's recommendation.
23
Leslie Lamont
April 30, 1993
Page 3
LAND USE STANDARDS
This section of the application addresses the standards in the
Aspen Land Use Regulations which are pertinent to this request.
Section 7-3 of the Regulations, Standards applicable to all
conditional uses are addressed below.
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.
The recently adopted Aspen Area Community Plan (AACP) specifically
addresses the yellow brick school building. The Plan calls for the
"continued educational use of the yellow brick school". The
community plan envisions the building as a educational center for
the City of Aspen. The proposed use is completely within the
intent of the purposes, goals, objectives and standards of the
plan. In fact, expanding the conditional use to again include
educational and academic related uses is a specified short term
action in the Design Quality and Historic Preservation element of
the AACP. (see excerpt in attachment 4.) In summary, the proposed
change in use is consistent with the Aspen Area Community Plan.
As you know, the In -town School Sites Committee studied the re -use
of the in -town schools for approximately one year in 1990. The
Committee recommended that the yellow brick school site be used for
child care related uses. The concept for this application is based
upon the primary use of the building as child care with the
remaining area rented to child care and educational related uses.
The related educational uses will also help to financially support
the child care operation as the ELC cannot afford and does not need
the use of the entire building. We feel this application is in
line with the recommendations of the former In -town School Sites
Committee and the expansion of the child care use to include
educational uses. The primary focus of the building and its uses
will continue to be the education of children.
The subject site is zoned R-6. According to Section 5-201 A. the
purpose of the zone district is as quoted below:
"The purpose of the Medium -Density Residential (R-6) Zone
District is to provide areas for residential purposes
with customary accessory uses. Recreational and institu-
tional uses customarily found in proximity to residential
uses are included as conditional uses. Lands ,in the
Leslie Lamont
April 30, 1993
Page 4
Medium -Density Residential (R-6) Zone District are
generally limited to the original Aspen Townsite, contain
relatively dense settlements of predominantly detached
and duplex residences, and are within walking distance of
the center of the City."
The proposed use falls within the intent of R-6 zone district where
it is located. The Early Learning Center and the previous school
use are both appropriate, customary accessory uses in the R-6
district. This application is to amend the 1991 conditional use
approval to allow educational/academic uses in the remainder of the
building not used by the child care center. As the previous
elementary school was an appropriate, customary use in the zone
district, the return to educational related uses falls within the
intent of the zone district as well. The existing child care use
and the proposed educational related uses are institutional
accessory uses to the surrounding residential neighborhood and fall
within the intent of the zone district as well.
Off-street parking is provided for all employees and a
loading/unloading area is provided on Garmisch and Hallam Streets.
The use of the building for educational purposes should not
generate further impacts beyond what use of the entire building by
The Early Learning Center would generate.
Section 7-304 B.
The conditional use is consistent and gompatible 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.
The academic/educational uses are consistent and compatible with
the surrounding residential area. The building has been used as an
elementary school for many years and the proposed use will have
less adverse impacts on the surrounding neighborhood than the
previous school use and will in the worse case, be impact neutral
when compared to 100% occupancy by the existing, approved day care
use. As part of the 1991 conditional use review, the applicant
committed to making improvements to the yard. All of the site
planning improvements have been made and a chain link fence was
removed, an aesthetic improvement to the neighborhood. The AACP
process considered numerous reuse options for the site. As part of
its considerations, it evaluated the character of the surrounding
area and comments from neighbors. Based upon the extensive public
process, the plan recommended that the yellow brick school building
be used as an educational center for the City of Aspen.
Leslie Lamont
April 30, 1993
Page 5
Section 7-304 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.
The proposed use will be "impact neutral" on the surrounding
neighborhood when compared to the existing use and will have less
impacts than the former school use. The interior and exterior of
the building will remain the same.
The adverse impacts on the neighborhood resulting from vehicular
traffic will not increase with the proposed academic/educational
uses. The child care operation is smaller than predicted and is
generating less impacts. The new uses will essentially be
generating the traffic that the child care use has not due to the
smaller operation. The proposed educational uses which may include
the Aspen Ballet children's dance classes, the. Aspen Yoga Center
and Aspen Interactive, are expected to generate less traffic and to
be in operation less hours in the day than the child care use. The
most intensive of the educational uses will involve dance,
gymnastics and yoga classes while the others will be much less
intensive such as one on one computer education. Many of the
persons arriving will come and go as opposed to being dropped off
and picked up. Many children are dropped off and picked up,
generating two additional trips beyond what a person arriving and
leaving on his on would generate. Most of the activities will
still be for the education of children. Traffic will be much less
when compared to the impact of the 240 children who attended the
elementary school. Also, the elementary school children arrived at
and left school within two short peak traffic periods. The Early
Learning Center and the educational uses proposed have varying
dropped off and pick up times. This will spread the traffic over a
longer period of time, reducing peak traffic impacts.
There are approximately _12 off-street parking spaces located on
Bleeker Street which will not be affected by the change in use.
Service delivery and trash pick-up will be the same. There will be
less noise and odors than if The Early Learning Center occupied
.100% of the building and less noise than the former school use as
there will be fewer children and fewer persons occupying the
building than the 240 children who occupied the elementary school.
26
Leslie Lamont
April 30, 1993
Page 6
Section 704 D.
There are adequate public facilities and services to serve the
conditional use including but not limited to roads, potable water,
sewer, solid waste, parks, police, fire protection, emergency
medical services, hospital and medical services, drainage systems,
and schools.
There will be no increase in impacts on public facilities resulting
from the proposed academic/educational use.
Section 704 E.
The applicant commits to supply affordable housing to meet the
incremental need for increased employees generated by the
conditional use.
Prior to the day care center approval in 1991, there were 23 full-
time employees working in the yellow brick school building. In
their conditional use review in 1991, The Early Learning Center
expected to have 19 full time employees. The Early Learning Center
actually has only ten to twelve employees at this time. The ELC
and the proposed educational uses will not generate more than the
total 23 employees previously on site. If the ELC use begins to
utilize more of the building in the future and the number of
employees increases, the educational uses will take up less space
and generate less employees. The applicant agrees that there will
be no further employees beyond the23 originally on site. L�
Therefore, there is no affordable housing requirement.
Section 704 F.
The proposed conditional use complies with all additional standards
imposed on it by the Aspen Area Comprehensive Plan and by all other
applicable requirements of this chapter.
The proposed conditional use will accomplish one of the short term
goals of the adopted Aspen Area Community Plan: "Support and
enhance the continued educational use of the yellow brick school"
The proposed use will comply with the other regulations of this
chapter of the Aspen Land Use Regulations.
Z7
Leslie Lamont
April 30, 1993
Page 7
1K1Y _. _.1 7
The request for conditional use approval for academic/educational
uses at the yellow brick school site is being made by The Early
Learning Center Board. As The Early Learning Center does not need
the entire yellow brick building, the Board is looking to lease the
unused space to education related tenants. The Early Learning
Center leases the building from the School District for the cost of
maintenance. As The Early Learning Center does not need the entire
building, it is very difficult to financially cover the cost of
running and maintaining the entire building. Therefore, adding
educational uses in the unused rooms allows these tenants to pay
their pro-rata share of the maintenance costs so the ELC does not
have the undue burden of maintaining the entire building. As the
AACP has designated the building appropriate for educational uses,
this will allow such essential community uses to be located here,
while also allowing the continued operation of The Early Learning
Center. The Early Learning Center may not be able to continue
operation without the income from these tenants.
This letter has demonstrated that the proposed academic/educational
use will have no more impacts on the surrounding residential
neighborhood than the existing day care use, should the day care
use fill the entire building as previously approved. The proposed
use will have substantially less impacts than the former elementary
school. The Early Learning Center Board therefore requests that
the Planning and Zoning Commission consider the Conditional Use
approval of academic/educational uses along with the already
approved day care and day care related use at the yellow brick
school as soon as possible to enable the ELC to begin leasing the
unoccupied space this summer, 1993.
It will be helpful for you to refer to the following attachments.
Attachment 1 - Letter from Elise Dreher, Director of The
Early Learning Center authorizing Davis Horn
Inc. to represent The Early Learning Center in
the land use review process;
Attachment 2 - Vicinity Map;
Attachment 3 - Letters from Tom Farrell, Superintendent of
Schools, Aspen School District and Reid
Haughey, County Manager for Pitkin County,
owners of the subject property, consenting to
the submission of a land use application for
the yellow brick school site;
21
Le.- -- — •
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06/08/93 14:50 0395 5985
DAVIS GROUP 1@ OO2
Juice 83 1993
WILLIA.M LLcyYID DAVIS
721% AH17-0W , AVEiNUIs . f umc •tou
SA.NTA 3+'IONLCA. (_;A,T YFORNIA S3d4.[Si
Ms. Leslie Lainont
Aspen/Pit]6-, Plaiming Office
130 South Galena. Street
Aspen, CO 81611
.Lear Ms. Lamont:
Please regard this lofter as an adainalit protest against the expatision-
of. the hours and usage of the raarly Learning Conter, My wife and
I are residents of acid vutvis in the City of Aspen. Our concerns are
twofold:
1 Two children aged 7 years and 16,montlxs
Our mucern for our children is increased traffic and parking
which we feel is a. significant safety hazard.
2) Noise
As we are M. a residential iaci.ghhorhood, we are most
ceneemed about any noise over and above the existing level.
It would be our suggestion that any of the usages of this facility be
held elsewhere, such as at the Aspen School.
Please regard this letter as a protest: in the strongest possible terms.
Sincerely,
Mr. & Mrs. William. L. Davis
200 W. Bleeker Avenue'
Aspen, CO 8161 i.
TELrPwc:3MC
FACs1M14¢
310 & $05-50aS
ly
IM.
Wildwood
School
I'M
Attention City Planners,
It has come to our attention that the
city is considering relocation of the Wildwood School Bus Stop.
We_would like to provide the city with information about the
School's busiring so that the city can make an educated decision.
During the 1992/93 school year the Wildwood School Bus Gtop
has been located on the corner of Garmish and Bleeker, the south
side of the E.L.C. building. This particular location was chosen
because of low traffic, ample parking, and Educational Setting.
Drop-off and Pick-up times occur between 8:30 and 9:00 a.m., and
3:30 and 4:00 in Monday through Friday. Parents are able to
have at safe, well maintained, and appropriately marked area for
` their children to board a school bus. Because of the short time
the bus is at this location there is very low impact on the
/ surrounding environment, neighbors etc. The Wildwood School Bus
takes approximately 40 children to school each day, by having a
down town centrally located bus stop we are able to cut down on #
of motorists on our roads, aiding our environment. We believe
this is a safe and logical place for the Wildwood School Bus Stop
and hope that you will continue to consider this location as a
viable option.
Robin Van Domelen
Administrative Director
100 2.B[EkE,.
c4i. zn, LOCO 816n
303-9�?5-16$9
Ed!97,011E
20349'3aa.min ton cRc�.
13avnin9Eon, x4S336
313-477-5573
II 1
JUN
,' ,
06/08/93 15:30 V216 831 2915 MORELAND MGMT. 0 002/003
Richard A. HurlVz
June 3, 1993
Ms. Leslie Lamont
Aspen/Pitkin planning office
130 South Galena Street .
Aspen, CO 81611
Dear Ms, Lamont:
This letter is in reference to the Early Learning Center
Conditional TJse Review scheduled for Tuesday► June S. 1993•
I an the property owner who resides at 201 West Henda of which the is the
cedar -sided house directlynext to the west rly
Learning center. I am very concerned bout the proposed expansion
hat the use
of use of the facility particularly to the u extent w the west and
extends to the evening ba right hours. 'neighborhood" in the city
of Aspen is the last
proper. This is what attracted us to it when we purchased our hone
in the fall of 1991. It is a place to take walk ►
for to
ride bikes, and generally to get away from the hustle and bustle of
the central business district of the town.
Parking is already a significant problem in the area. Nos otno ytis
the proliferation of cars unsightly, but It contribute
pollution and to some extent creates a hazard to the children, not
only because of the additional cars which are attrac Alai but
because of the reduction in visibility which they cause
ing
such an expanded use will augment this parking problem.
I'm also concerned about the additional noise level created by this
facility, particularly by night use. Generally, when a meeting is
concluded, the participants continue talking as they proceed
outside. Depending on the type of crowd whichtheeeeor nan
attract, this can create either a modest level of i
excessive level of noise. The point is, the encouragementarg
gatherings of people in the evening will undermineheresidential
character of the neighborhood.
Much effort has been expended by the planning and zoning personnel
in town to preserve the aesthetic nature of the west end. It would
be a real shame if by permitting what amounts to residnial
ts
uses the essential. character and ambience of the neighborhood
adversely affected.
28601 Chagrin 13uulevjrd / Suilr a5C) at calnl,ritigi• Court / C wt-lxnd. Ohio 44)2?-4c5:i] Phoni:::?J6 / �15]•t�?� Fux; ?lei / ail-2915
06/08/93 15:31 '0216 831 2915 MORELAND MGMT. IMO03/003
Ms. Leslie Lamont
June 3, 1993
Page TWO
I would have been happy
to testify at this meeting, but
unfortunately I will not be returning to Aspen for the summerike until
June 1.0. Please feel free to call me if you would any
additional information.
Very truly yours,
Richard A. Horvitz --1
Com
bec: Mr. George Vicenzi
k:ASPIT.RAH