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HomeMy WebLinkAboutagenda.apz.19920107 / -"".'/'-. - "- ,..J '~,~""*,,,.r 4.._ AGENDA ~.' ASPEN PLANNING AND ZONING COMMISSION ------=================================== REGULAR MEETING ? ... January 7, 199;(, Tuesday 4:30 P.M. 2nd Floor Meeting Room City Hall ----------------------------------- -------------------------------------- I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARING A. Aspen Winter Garden PUD Amendment - Diane Moore IV. ADJOURN a.cov MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Diane Moore, City Planning Director RE: Aspen Winter Garden PUD Amendment and Final Development Plan Approval, Subdivision Approval, GMQS Exemption for Essential Public Facilities, Conditional Use Approval for the Skate Rental Building and the Maintenance Building and Special Review for Parking DATE: January 7, 1992 SUMMARY: The Planning Office recommends approval of the amendment to the First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision and approval of the final development plan for the Ice Rink/Park, Subdivision approval for Lot 6, GMQS Exemption for Essential Public Facilities, Conditional Use Approval for the skate rental building and the rink maintenance/equipment building and Special Review for Parking. This development application submission is made in accordance with The First Amended and Restated Planned Unit Development/Subdivision Agreement for the Aspen Mountain Subdivision (the "PUD Agreement") which requires that this portion of property become an Ice Rink and Park on the newly subdivided Lot 6. Lot 6 will be created from the subdivision of Lot 5. Although the PUD Agreement was reviewed and approved in October of 1988, the development of the Ice Rink and Park site had not been initiated at the time of approval. The PUD Agreement and the First Amended Plat will be amended to incorporate the development activity for Lot 6. City Council approved the rezoning of this parcel from the mixed zoning of Commercial Lodge (CL) and Lodge/Tourist Residential (L/TR) to Park (P) on October 15, 1991. The Planning Commission previously reviewed the conceptual PUD plan for this parcel in April of 1990 and those comments will be addressed in this memorandum. In July of 1990, the City Council granted conceptual approval with conditions for the Ice Rink and Park. On June 10, 1991, the City Council granted Savanah extensions to 1 the construction schedule deadlines governing the construction and development within the Aspen Mountain PUD. One of the extensions granted by Council was for the certificate of occupancy for the Ice Rink/Park and it was extended to October 1, 1992. APPLICANT: Savanah Limited Partnership represented by Perry Harvey. LOCATION: South side of Durant Avenue and bordered by vacated Dean Street, Galena Street and Mill Street, Lots A through I, Block 91, City and Townsite of Aspen. ZONING: Park (P) with PUD overlay. APPLICANT'S REQUEST / PROJECT DESCRIPTION: The applicant has requested an amendment to the PUD agreement to approve the Ice Rink and Park development plan on the northern portion of Lot 5 of the PUD which is proposed to become Lot 6. The applicant also requests subdivision approval to create a new Lot 6, exemption from GMQS for Essential Public Facility,and conditional use approval for the maintenance/equipment and skate rental buildings (See Attachment "All) Additionally, the applicant also requests exemption from the tap fee payments and park dedication fees, waiver of off-street parking requirements, and postponement of review for employee housing until the review of the redevelopment of the Grand Aspen Hotel on Lot 5 of the Aspen Mountain PUD. Savanah has designed the property to create a landscaped park containing a skating rink. The Ice Rink is 60 feet by 85 feet and is adequate for public skating, will accomodate ice shows and leaves a portion of the parcel available for a landscaped park. The Ice Rink/Park is intended to serve as an activity center and it will be developed and maintained by Savanah. The development plan for the parcel is to provide an ice rink for public winter skating. In the summer, the rink and landscaped area will be used for a multitude of purposes, including but not limited to ballet rehearsals, community dances, art exhibits, musical performances and fund raising events. It is anticipated that the rink will operate for public skating with skate rental and a lesson program. The hours of operation for ice skating will be from 10 am to 10 pm. The present intention is to have- the rink open seven days a week. A fee will be charged for the use of the rink and for skate rental. At this time, the applicant is proposing that the hours of operation for the summer would also be 10 am to 10 pm. " The applicant requests that special event permits be granted by the City Manager and reported to City Council. Staff will address this K 4- in the PUD review section. The park is designed as a depressed bowl to gain separation from the traffic on Durant Avenue and to allow for an amphitheater environment with overlooks on the ice rink. The grading also allows for a sloped lawn seating area on the western portion of the parcel for special events or informal usage. Entry into the park is from the four corners of the block and from Dean Street on either side of the rink maintenance building overlook. From the two northern corners, eight foot wide sidewalks descent at a +5% grade. From the southern two corners, eight foot wide ramps with steps descent to the plaza level. Perimeter circulation is provided by six foot sidewalks on all four sides of the project. Site Improvements: The site improvements consist of the rink and surrounding plaza, the four access paths entering from each corner of the property and two separate buildings. The skate rental building is located at the east end of the site and is centered on the east -west axis of the Ice Rink. The ground level contains the skate rental office and skate maintenance facilities with a service counter, a changing area, vending machine area, and rest rooms (See attachment "B"). The architectural character of the skate rental building is identified by a hipped roof with dormers and classical details. The principal exterior material is brick and composite shingles on the roof. The buildings relate to the materials and character of the Ritz -Carlton Hotel. The skate rental building contains 900 square feet of area on the ground floor and some 500 square feet of mechanical area in the attic. The height of the building is 24 feet from the finished grade to the peak of the roof. Because of the regrading the skate rental building will be approximately five feet below the grade of Galena Street, further reducing the perceived height from surrounding streets. The rink maintenance building is located at the south side of the rink, It is located on the central axis of the Ice Rink and the Rubey Park Transit Building. The rink maintenance building is placed 8 feet below Dean Street and is hidden from the south side and partially from the east and west sides where stairs take visitors down to the ice rink. The roof of this building is approximately 18 inches (3 steps) above the sidewalk and provides an observation terrace above the rink. 3 i 5 The exterior materials and detail around the observation terrace is similar in detail and color to the railing around the Ice Rink. The building contains 1,050 square feet on one floor and is divided into two separate rooms. The eastern portion contains the mechanical equipment for the ice making and storage space. The western room is for storage of the zamboni machine and landscape maintenance equipment for the park and plaza. PROCESS: The Commission shall consider the application and foward recommendations to the City Council regarding the final PUD development plan, amendment to the PUD/Subdivision Agreement, Subdivision approval, and GMQS Exemption for Essential Public Facility. City Council will then make a final determination on these items. The Planning Commission shall approve, approve with conditions, or disapprove the application for conditional use for the skate rental building and the maintenance/equipment building after recommendation by the planning director. The Planning Commission shall also approve special review for the parking plan. City Council will also made a final determination for the request to waive park dedication fees and tap fee payments. REFERRAL COMMENTS: The following are summaries of comments received by the Planning Office. Complete memo's are contained in Attachment "C ". Engineering: Chuck Roth forwards these comments: General Comments - The blueprints appear to indicate that the curb line was intended to extend further into the street than existing conditions. The applicant indicated that the curb line would be maintained at its existing location which coincides with engineering department recommendations in March of 1990. - Due to snow on the ground, it was not feasible to determine the condition of the existing curb and gutter. New curb and gutter must be installed as needed on the three adjacent public rights -of -way. - The adopted sidewalk, curb and gutter plan calls for 8' wide sidewalks in the commercial core, which includes both sides of Durant Street, and 5' wide sidewalks elsewhere. The plan indicates a 6' sidewalk on Durant Avenue and this must be upgraded to an 8' sidewalk. - Snow shed from steep roofs has been a problem in town. The architect should consider the hazards of snow slides from the roof in the roof design. 4 Given the continuous problems of unapproved work and development in public rights -of -way, we would advise the applicant as follows: The applicant shall consult city engineering for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department. - Will the sidewalks be heated? There are no code requirements about heating sidewalks but the engineering department recommends that the sidewalks with proposed grade of 5% be required to be heated for pedestrial safety. Subdivision comments: - The drainage proposal meets subdivision requirements. - The plat amendment must. indicate the electric transformer easement as needed by the City Electric Department. - 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 using language currently available from the city attorney's office. Waiver of Off-street Parking Requirements: The applicant should have prepared a parking anaylsis prepared by a traffic engineer so that the reviewing agencies would know normal parking generation due to employees, park/ice rink users, and delivery vehicles. It would appear appropriate to require parking for employees at the site.. As to the amount of parking for users, with the Rubey Park Transit Center across the street, a reduction in the number of spaces could be discussed. It is questionable to reduce the amount of spaces for ice rink users to be reduced to zero. Information regarding available on -street parking in the vicinity shows that Durant Avenue frontage offer about 13 parallel spaces, the Galena Street frontage offers about 10 angle parking spaces, and Mill Street frontage offers about 5 parallel parking spaces. The Dean Street frontage is now private property and approximately 13 parallel parking spaces are located here. Environmental Health: The following comments were offered: - Wastewater disposal for the property is currently provided by the Aspen Consolidated Sanitation District. The rental building and maintenance structure are to be connected to the central collection system. 5 - Water is provided by the Aspen Water Department distribution system. The rental building an maintenance structure are to be connected to the 6" water main in the street supplied by the municipal water system. - A firm experienced in designing ventilation systems for ice rinks should evaluate the mechanical area, the maintenance building and especially the sunken rink itself to ensure that fumes will not reach unhealthful levels. Carbon monoxide levels from the Zamboni are a significant health concern. As the applicant points out, the location of the facility next to Rubey Park and downtown hotels will encourage people to use the bus or walk. We would prefer that a minimum amount of parking be provided to encourage people to walk or take the bus. - The type of coolant to be used was not specified. We would like the applicant to evaluate alternatives to freon. - The applicant shall be required to comply with Chapter 16 of the Aspen Municipal Code, entitled Noise Abatement. Any complaints from neighboring properties that are registered with this office will be investigated using this document. Aspen Winter Garden: George Pucak offers the following comments: - The refrigerant for the refrigeration system should be defined as to type and properties. The best one in use today would be CFC- 22. - Per the report and information provided by Perry Harvey, the ice rink will operate from November 15 through April 10, which would involve 20-21 weeks of operation. The staffing would involve 3- 4 people at any time to operate and controll the ice surface. Based on the hours of operation, 6.3 employees would be required for the operations projected. Parks Department: George Robinson offers the following comments: - Sloped lawn - what type of turf species will be utilized? The Parks Department recommends rye or fescue species. - Upon submission of a finalized landscape plan, a detailed description of the proposed irrigation system should be included as well as descriptions and specifications on landscape maintenance plans. - We would recommend that the 2 existing cottonwoods located on the corner of Durant Avenue and Galena Street remain. - The applicant should try to utilize the three spruce trees located at the mid -block of the parcel (near Durant Avenue) within R the landscape plan. If these trees must be removed, then they should be replaced with nine (9) 12' - 16' spruce trees. Proposed fees for ice rentals? STAFF COMMENTS: This project requires multiple appovals. Review criteria are discussed as follows: Planned Unit Development - Section 24-7-903 of the Aspen Municipal Code outlines the amendment process for PUD's. It states that any amendment to a PUD development order (other than an insubstantial amendment) 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. Thus, the procedures for an amendment to the PUD development order would be the review standards outlined in Section 24-7-903 of the Code and this memo will review the criteria applicable to this proposal. Previous Conceptual PUD Approval: In July of 1990, the City Council granted approval with conditions for the Ice Rink and Park. The conceptual submission called for a rink of some 9,000 square feet with a restaurant of 1,800 square feet and seating for 72 people. In addition to the mechanical and equipment space, there were changing areas, a retail skating shop, rental area and offices for management. The rink had a fabric shade structure to help control ice during spring days and this has been eliminated in the revised plan. This configuration required an encroachment of ten feet into Durant Avenue. The response from the City focused on several items: 1) The land parcel was suitable for a rink and community activity center. 2) It was not appropriate to encroach into Durant Avenue. 3) The proposal was too commercial and urban. The desire of the Planning & Zoning Commission was for a more park -like area with a rink in it and with more public access. 4) While skate rental, changing area and food service was desirable, it should be as a support service for the rink. These facilities should be down -sized from the conceptual.submission. In response to these conceptual issues, Savanah redesigned the property to create a landscaped park containing a skating rink and has eliminated the encroachment into Durant Avenue by reducing the size of the rink (rink is now 60' by 851). Additionally, the restaurant was eliminated and replaced with a vending area. 7 The review standards outlined in Section 24-7-903 of the Code apply to this application and the criteria is as follows: 1. Land Uses - The land uses permitted shall be those of the underlying zone district. The underlying zone district is Park and the permitted uses within this zone district allow an ice rink and park facility. Additionally, the applicant will have to receive conditional use approval for the skate rental building and the maintenance/equipment building. 2. Dimensional requirements - The dimensional requirements shall be those of the underlying zone district and variations may be permitted. The dimensional requirements which shall apply to all permitted and conditional uses in the Park zone district shall be set by the adoption of the final development plan, pursuant to Article 7, Division 9, Planned Unit Development. Review of the final development plan indicates that the proposed dimensional requirements depicted in the final development plan are appropriate for this use. The only item that should be depicted on the final development plan is the trash access area. 3. Off-street parking - The number of off-street parking spaces may be varied from that required in the underlying zone district based on the following considerations. a. The probable number of cars used by those using the proposed development. b. The parking needs of any nonresidential uses. c. The varying time periods of use, whenever joint use of common parking is proposed. d. The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. e. The proximity of the proposed development to the commercial core or public recreational facilities in the city. It is important to note that the off-street parking requirements for this use within the Park zone district are set by special review. The Commission approves, approves with conditions, or disapproves development applications for special review, after recommendation by the planning director. Section 24-7-404 of the Code outlines the special review procedures for off-street parking requirements for developments proposals 8 / C within the Park zone district. In the Park zone district, the off- street parking requirements are established by special review. The applicant shall demonstrate that the parking needs of the residents, guests and employees of the project have been met, taking into account potential uses of the parcel, its proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. This facility is located directly across the street from the Rubey Park Transit Center. The transit center would provide frequent and convenient access to the Ice Rink/Park for both residents and visitors. The applicant intends the Ice Rink/Park to be a strong draw for tourists staying in close proximity to the property. The redevelopment of the Grand Aspen site will also incorporate a parking garage that was determined, during the review of the Aspen Mountain PUD, to be adequate to accomodate the parking needs of the Phase II development, the first of which is the Ice Rink/Park. The applicant, at this time, does not have redevelpment plans available for the Grand Aspen site. Additionally, this parcel is in close proximity to the commercial core of Aspen, which would encourage pedestrian traffic to the site. Dean Street has been vacated and is now private property. It is adjacent to the south side of the ice rink/park parcel. Approximately 13 off-street parallel parking spaces could be provided on the Dean Street frontage. However, staff supports the establishment of a "drop off" area on Dean Street so that the users can access the facility from a safe location. The proposed drop off area would utilize approximately 3 spaces, leaving 10 off- street parking spaces on Dean Street. The "drop off" area shall be designated on the final development plan. Regarding on -street parking in the vicinity, Durant Avenue frontage offers about 13 parallel parking spaces, Mill Street frontage offers about 5 parallel parking spaces, and Galena Street frontage provides for approximately 10 angle parking spaces. Staff believes that the 10 to 13 off-street parking spaces along Dean Avenue is adequate to accomodate employee parking and the parking needs of the site. The facility has varying time periods of use. Additionally, the Rubey Park Transit Center is located directly across from the Ice Rink/Park parcel and will provide transportation for users of the facility. The Ice Rink/Park parcel is also in close proximity to downtown and tourist accomodations. This recommendation is consistent with the criteria regarding off- street parking outlined in the PUD review section of the Code. 9 11 Staff would recommend that the spaces along vacated Dean Street be designated with signage as "parking only" for the Ice Rink/Park users. The applicant had requested in their application that the off- street parking requirements be waived; there is no provision in the Code that permits a waiver of off-street parking. As stated previously, off-street parking within the Park zone district is established by special review. 4. Open Space - The open space requirement shall be that of the underlying zone district. However, a variation in minimum open space may be permitted if such variation would not be detrimental to the character of the proposed planned unit development (PUD), and if the proposed development shall include open space for the mutual benefit of all development in the proposed PUD through a common park or recreation area. The underlying zone district is the Park zone district and the open space requirement shall be set by the adoption of the final development plan, pursuant to Article 7, Division 9, Planned Unit Development. This 27,080 parcel will be virtually all open space and will be enhanced with the proposed landscape plan. The open space provided in this parcel will be for the mutual benefit of all the development in the Apen Mountain PUD. Additionally, the applicant recorded a deed restriction for Lot 6 on June 20, 1990, which restricts the use of Lot 6 to a community activity center and public ice skating rink. It should be noted that the open space on Lot 6 will support development activity on Lot 5 (redevelopment of Grand Aspen Hotel) , as outlined in the PUD agreement (see attachment "D"). 5. Landscape Plan - The applicant has submitted a landscape plan for the site. Overall, the applicant intends to provide extensive landscape treatment on the entire site. The planting plan uses Norway Maples as street trees and there are several existing as street trees on Durant Avenue and Dean Street. At the west end of the site, existing, proposed and relocated spruce trees are used to form a buffer for the park. Evergreen shrubs will be planted on the 2.5:1 slopes at the north and south edges of the property. The beds adjacent to the walks will be planted with flowering perennials to provide seasonal color. The remainder of the project will be sodded with turf to allow for seating or informal activity. During the conceptual PUD review of this project, the City 10 /z requested the following: a) The two cottonwoods at the corner of Durant Avenue and Galena Street shall remain. b) The three spruce trees at the mid block could perhaps be relocated but Parks is concerned about the risk of the trees not surviving. c) The spruce tree at the corner of Dean and Mill Streets to remain but could be relocated with some risk. d) The Apen and mountain ash trees can be removed. e) The two spruce trees at the corner of Mill Street and Durant Avenue should remain. The planting plan for this block will create a park like setting with over 60 trees to be planted or relocated on the site. The Parks Department will still like the cottonwoods at the corner of Durant Avenue and Galena Street to remain. Savanah wants to remove them as they disrupt circulation at the corner entrance to the site and sidewalk installation could destroy the trees. This issue will be discussed at the meeting. Savanah will have to remove the three spruce trees at mid block because of rink and overlook design. Parks Department recommends that if the trees are removed, then they should be replaced with a minimum of 9 spruce trees between 12 and 16 feet in height. The spruce trees at the corner of Dean and Mill Streets will be relocated onsite. The Aspen and mountain ash trees will be removed and the two spruce trees at the corner of Durant Avenue and Mill Street will remain. 6. Architectural site plan - The applicant has submitted the elevations and floor plans and the proposed buildings and material and the proposed designs are suitable for the intended purposes (See attachment "A"). 7. Lighting - Light:ing for the project consists of street lights along Durant Avenue and Dean Street with downlight architectural fixtures spaced equally around the oval of the rink to light this central plaza space for skating or other evening activities. 8. Public Facilities - Adequate public facilities are available to accomodate the proposed development. The PUD agreement states that the applicant shall relocate underground all electrical, telephone and cable television lines along vacated Dean Street between Galena and Mill Streets. The PUD agreement also requires the applicant to construct new curb and gutter along the entire Lot 6 boundary 13 on Dean Street, a new sidewalk along the proposed Lot 6 boundary on Galena Street, a new sidewalk along the boundary on Durant Avenue and Mill Streets. 9. Traffic and pedestrian circulation - The project poses little impediments to pedestrian and vehicular circulation. The parcel is primarily pedestrian oriented. Dean Street has been vacated and is adequate for delivery purpposes. Dean Street will also serve as a dropping off point for users, thus limiting the potential for congestion along Durant Avenue. The development plan incorporate sidewalks and entry access points thoughout the property. The parcel is located directly across the street from the Rubey Park Transit Center and this will provide transportation for users of the facility. Additionally, the Ice Rink/Park is in the area designated as the town resort center and this is in close proximity to tourist accomdations as well as the downtown. Special Events Issue: As part of the PUD review, the applicant requests that special event permits be granted by the City Manager and reported to City Council. The city issues special event permits for activities on city property; the Ice Rink/Park property is owned and maintained by Savanah. Thus, a special events permit would not be legally required for events on the property. Both Savanah and staff agree that a special event permit system should be established by the PUD review process. Staff would recommend that Savanah apply to the City Manager for special events approval and that the City Manager make the determination, based on the particular event, whether Council should formally review the proposed event. For those events that would not require Council approval, the City Manager would approve administratively and inform Council of the event. Subdivision: Section 7-1004.C. contains the review criteria for subdivisions. The general criteria and staff review are as follows: a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. The Plan designates this area as Recreational/Accomodation, the purpose of which is "to allow for the recreation and accomodation needs of the visitor to Aspen in an area that is especially suited for this because of its unity with and identity to, the proposed transportation system, the ski area and the central area...." The recreational element in the heart of the tourist district is 12 14 consistent with the Land Use designation and is well located to serve the needs of visitors and residents because of its central location. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. The prposed Ice Rink/Park is consistent with the character of the existing land uses in the area. The Ice Rink/Park is at the base of Aspen Mountain which is the focal point for numerous recreational activities. The surrounding lodge and tourist accomodations will be able to take advantage of this recreational amenity. c. The proposed development shall not adversely affect the future development of the surrounding area. The Ice Rink/Park parcel is part of the Phase II development of the Aspen Mountain PUD. The Phase I portion of the Aspen Mountain PUD is the development of the Ritz -Carlton Hotel which is located to the west of this parcel. The surrounding neighborhood consists primarily of tourist and residential accomodations which would support this community amenity. d. The proposed subdivision shall be in compliance with all applicable requirements of this chapter. The PUD agreement requires that this parcel be designated as an Ice Rink/Park facility and the PUD agreement was approved by the voters in February of 1990. GMGS Exemption for Essential Public Facilities is required for this parcel and final approval is by City Council. The proposed subdivision will be in compliance with the PUD agreement and the applicable requirements of this chapter. All utility extensions will be located to best provide services of minimum length and maintain minimum depth and separation. The city engineer has stated that the drainage proposal meets subdivision requirements. The plat amendment must indicate the electric transformer easement as needed by the City Electric Department. Additionally, the applicant shall construct the site improvements outlined in the PUD agreement. The engineering department's estimate for the construction of sidewalk, curb and gutter is $20,540. This estimate is based on the applicant's representation that curb and gutter needs to be built only on the Dean Street frontage. If is were determined that the entire block of curb and gutter needed to be replaced, then the total cost (including sidewalk) would be $31,775. 13 GMQS Exemption for Essential Public Facilities - Pursuant to Section 24-8-104 of the Municipal Code, City Council may grant GMQS Exemption for the construction of essential public facilities. Development shall be considered an essential public facility if it serves an essential public purpose, provides facilities in repsonse to the demands of growth, is not itself a growth generator, is available for use by the general public, and serves the needs of the city. The Planning Commission must forward a recommendation to Council on this request. An applicant for exemption must demonstrate that the following impacts of the essential public facility be mitigated: 1. Generation of Additional Employees: Based on discussions and information supplied by the Director of the Aspen Winter Garden, the proposed Ice Rink is expected to generate 6.3 full time employees. The applicant is required to provide mitigation for 60% of the employees generated. Thus, the applicant would have to mitigate for 4 employees. The Housing Authority has not yet submitted their comments and staff will provide the Commission with the information at the public hearing. Savanah requests that the requirement for employee generation analysis and mitigation be deferred to the time of application of the redevelopment of the Grand Aspen site. Staff recommends that employee mitigation be addressed during this review process and not deferred to a later date. 2. Demand for Parking: The parking provisions for this site were discussed at length in the review of the PUD development plan. Staff believes that the proposed parking for this parcel is adequate mitigation. 3. Demand for Transit Services and Impact on Roads: Because of the rink's location in the heart of the lodge district, the vast majority of patrons of the rink will walk or utilize the Rubey Park Transit Center. Additionally, the Galana Street Shuttle is currently operating from the parking garage to the Gondola and this will provide residents and visitors with alternative transportation. 4. Demand on Other Public Services No demand on public services other than those previously anticipated are expected as a result of the construction of the rink. 14 l( 5. Impact on Community Resources and Visual Compatibility with Surrounding Area. The creation of a landscaped park and rink on this site is visually compatible with the Rubey Park Transit Building and surrounding areas. The impact on air, water, and energy resources will be positive as the construction of the rink replaces many residential uses on this property which contained fireplaces and kitchens. Staff believes that this proposal meets the criteria to be considered an essential public facility and exempted from the GMQS. Conditional Use Approval: In accordance with Section 24-7-301 of the Municipal Code, the Planning Commission approves, approves with conditions, or disapproves a development application for a conditional use. In the Park zone district, conditional uses include recreation buildings and park maintenance buildings, Conditional use approval is sought for these uses which are proposed for this project. The Commission shall consider whether all of the following standards are met: a. The conditional use is consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. The uses are consistent with the goals of the Aspen Area Comprehensive Plan and with the intent of the park zone district. The Comprehensive Plan Parks/Recreation/Open Spaces/Trails Element goals include continuing to develop more active and passive parks and providing a wide variety of recreational facilities and programs to the people of Aspen. Objectives include acquiring land for parks through the development review process. Thus, the ice rink meets the goals and objectives of the Comprehensive Plan. Moreover, the creation of an ice rink with supporting buildings and a park is in accordance with the Park 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. The conditional use enhances the mix of uses in the immediate area. The site is in the middle of intensive short term accommodations and other Park zoned parcels. Wagner Park and Rubey Park are in the immediate vicinity. The Ice Rink/Park will create a unique combination of passive park area and recreational use. M 17 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. This site historically, contained some twenty residential uses. The new use will dramatically decrease the historical adverse effects of the site. By depressing the rink the buildings are lowered to minimize visual impacts. Sidewalks and paths will improve pedestrian circulation around and through the site. Trash, service delivery and odor emanating from the site will all be reduced with the replacement onsite with an Ice Rink/Park. d. There are adequate public facilities and services to serve the conditonal 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 are adequate public facilities to serve the proposed uses. Utilities are already to the site and the utility requirements will be substantially less than those historically in place on the site. Given the central locationof the site and the proximity to Rubey Park Transit Center, there are adequate public services. e. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Savanah is committed to supplying affordable housing for employees generated. f. The proposed conditional use complies with all additional standards imposed on it by the Comprehensive Plan and by all applicable requirements of this chapter. The proposed conditional uses comply with all the additional standards imposed by the Municipal Code and the PUD agreement. STAFF RECOMMENDATION: The Planning Office recommends approval of the amendment to the PUD/Subdivision Agreement,the final PUD Development Plan, Subdivision, GMQS for Essential Public Facility, Conditional Use Approval for the skate rental building and the maintenance building, and Special Review for Parking with the following conditions: 1. The two large cottonwood trees on the corner of Durant Avenue and Galena Street shall be preserved in their existing location as recommended by the Parks Department. 16 Iq 2. If the three spruce trees located at the mid block of the parcel (near Durant Avenue) are removed, they must be replaced with nine (9) 121to 16' spruce trees. 3. Upon submission of a finalized landscape plan, a detailed description of the proposed irrigation system should be included as well as descriptions and specifications on landscape maintenance plans. 4. Any trees of 6" caliper or greater that are removed from the site must receive a tree removal permit from the Parks Department. 5. The curb line along the northern boundary (adjacent to Durant Avenue) shall be maintained at its existing location, unless a curb extension is approved by the city engineer. 6. The architect should consider the hazards of snow slides from the roof in the roof design. 7. The applicant shall consult city engineering for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights - of -way from city streets department. 8. The plat amendment shall indicate the electric transformer easement as needed by the City Electric Department. 9. 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. 10. The sidewalk adjacent to Durant Avenue shall be eight (8) feet in width. 11. A "drop off" area shall be designated on vacated Dean Street. 12. The off-street parking spaces located on the north side of vacated Dean Street shall be designated with signage as "parking only" for the Ice Rink/Park users. 13. The open space on Lot 6 shall be utilized to support the development activity on Lot 5. 14. An evaluation of the ventilation system for the Ice Rink should be conducted to insure that fumes will not reach unhealthy levels., 15. The applicant shall relocate underground all electrical, telephone and cable television lines along vacated Dean Street between Galena Street and Mill Street. The applicant shall also construct new curb and gutter along the entire Lot 6 boundary on Dean Street, a new sidewalk along the property boundary on Galena Street, and a new sidewalk along the boundary on Durant Avenue and 17 Mill Street. 16. Savanah shall apply to the City Manager for approval of special events on the subject property. The City Manager will determine whether Council should formally review the proposed event. For those events that do not require Council approval, the City Manager would administratively approve the request and inform Council of the event. 17. Within 180 days of approval by City Council, the Subdivision/PUD Agreement, Final PUD Plan and Amended Plat must be recorded with the Pitkin County Clerk and Recorder. Failure to do so will render any approvals invalid. 18. All material representations made by the applicant in the application and during public meetings with the Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 19. Prior to Final PUD Approval by City Council, the employee housing mitigation shall be established. This includes employee generation figures, price and income categories,, and type of mitigation. 20. The Parks Department recommends using rye or fescue as the turf species. Attachments: "A" - Aspen Winter Garden PUD Amendment Application "B" - Elevations/Floor Plans for Buildings "C" - Referral Comments "D" - Letter from Any Margerum to Perry Harvey 18 ZC GALENA STREET + '�w ia•oa i .. o0 0-3 b o C"D o a r o < � o .. V a e v v f7 o N-4 • � ip: C :Y wS � OR• aglum .0140 N AAor �O lei N In 6 CO) Ncr oa z %I ILL �'' STREET X a 7 I ,t_try' 1 ` d N N li L'+ Ems ■■■■-M ■ ■ ■ • '��• �;� i ■ ■ ■ ■ IMMEMEMEMEMEN ■■■■■■■■■ ■■■■■■■■■'■ ■■■■■■■■■■■■al■■ C. • C C71' j' j j7 •. .r i SOL Eli. PROPOSED LOT 6 THE ASM WINTER GARDEN �i1f o /iun v � sr r nwwr........�....�_._ _ •'! [� ice: � �' ■ z z P. . F: 77 P.-JL 7 z • PROPOSED LOT 6 THE ASPEN WUrM GARDEN I , THE SHAH U)CMD BUnWUd9W' z z 0 PRA)POSED LOT 6 THE ASPEN WINTER GARDEN THE SAANAH LWMD HUMMED AlC P\c�� rv"I i r\,i-r " c " 7Q.- Diane Moore, Planning Cuff ice FRONT: renrge Pucak, ire Carden Manager :. RE: Aspen Winter Carden P.U.D. DATE- December 16, 100 1 nEC 16 My comments regarding the WlnterCarden P.11D. Amendment are as follows: i ). Refr' Brant - The refrigerant for the refrigeration system should be defined as to type ana properties. The best one in use today would be CFC-22 !Chlorodiflouromethane or R-22). 5ee attached Ozone Depletion Potential Factors chart provided. Staffing- per the report and information provided by Perry Harvey, the rink will operate from November 15 through April 10, which would Involve 20-21 weeks of operation. The staffing would Involve 3-4 people at any time to operate (skate room - 2- persons and at least 1 person, possibly two, checking and controlling the Ice surface. Based on this and the hours of operation, the following is projected, Ooerations� 1 oam - 1 n pm daily = 12 hours 12 hours x 7 days/week = A4 hours/week 84 hours/week x 3 staff = 252 staff hours/week 252 staff hours/week - 40/hr = 6.3 employees Operations are projected for 20 weeks = 126 employee weeks �G Environmental. Health { on free market incentives to control CFC and Ozone Depletion Potential Factors halon production. Specifically, the EPA plans to alkx:>tte production rights, lxised on 1986 Chemical Potential Atmospheric production, to current CFC producers. Ozone Lifetime "Pre%umahly," said SCidei, "As demands Depletion Factor (years) for products that use CFCs increase, the prier will rise, providing an incentive for recycling CFC- 11 1.00 75.0 = CFCs and developing new chemicals and alter- CFC-12 1.00 111.0 - native technologies." CFC-113 0.80 90.0 "There are a couple of slippery passages in CFC-114 1.00 185.0 ~ ' the Protocol," said economist Daniel Dudek of CFC-1 15' 0.60 380.0 the Environmental Defense Fund. These would allow a 10 percent increase in produc- CFC-22 0.05 - :20.0 - ` lion limits during 198194 and 15 percent Methyl Chloroform 0.10 Carbon Tetrachloride 1.06 -50.0 'i between 1994-98 to accommodate sales to less '•Halon-1211 `- 3.00 =�: �` 250 : developed countries. '.Halon-1301 10.00 ° f- := w-:I 100:, "If those adjustments are tapped," Dudek - H21on-2402 NA- ,�.• .`.: The Release of Chemicals That Destroy 52 FedewiRegister 47498 ' :'>.:; . -'=.f ' • �r: ?�-:•:; Ozone Is Expected to Fall ... '_ , .�'-:'J•~�,..•• •'rY•:�• ypo ' Projected <. � •*'`•.�„i- j �'i ems.• • ' . - �;.450 Limitinng CFC and halo emissions >�'.: ' .:" F "014 350 .. Because CFCs or halons escape to the"atmosphere wicn • r; S 300 •• .• 7,-CFC-containing products are discarded, recovery *and rccycling� •• •• 25o CFCAI offer effective ways to reduce emissions • according to`an :..�� E Awcp v ental Defense Fund stu s �� :.� €ISO- ,oD are c the targets? Rigid foams*for insulation and,:;: W .85 packaging account for 51 percent of CFC-1.1 and 11:percent of • so ,W azrins�. • '- "'� �•CFC-12 used in the United Stites. Flexible f �;. ..or... tofurrutuic . - = w- �; �•: and auto seats account for about 15 percent'of CFC-1 1';usc: Air = s.. ...But Their Level in the Atmosphere .� Will Rise for Decades Anyway conditioning and refrigeration use CFCs-11, 12, or 22.' Mobile air conditioners account for 37 percent of U.S.: CFC-12 use. -: • '� �Z CFC• t .. , : CFC-113 and methyl chloroform solvents are used as clriricrs .,� �• for electronics, in paints, dry cleaning, and industrial cleaning, ' CFC-12 is a sterilant for hospital equipment and medical ` ` ' . o so •' instruments. Halon 1301 and 1211 are used in fire ; �� - •,•... 40 • extinguishers. n '� ••� .- j 35 •�•••• Recovering CFCs from automobile air conditioners, refrig- •• ••' _ orators; dry cleaners, and solvent tisca offeis-tiic'grcatcst S. •.••. ••'' 25- promise for recovery and recycling. Care in servicing refrigem- tors and air conditioners could prevent refrigerant from cseap- • x t5 20� ing to the atmosphere. Recovery devices (vampires) could ; ; :-: =frx s d .,0 2000 20,o 2M 2oz5 2°t0 ° allow service people to remove refrigerant: from old appliances �g85 ':�. Even though CFC emissions decline, because ....-� "� =-~!. �- .�: - _ ''J' ', :• `: for reuse. ". - • =� - the chemicals arc long-lasting, CFC levels in "The typical refrigerator or automobile with air condition- the upper atmosphere are expected to climb ing simply languishes in the junkyard and at some time is even if controls limit their production and crushed so that CFCs slowly dribble out to the atmosphere," emissions. Sidebar continued on next page. G,pyright © r�� n� trx New York 1 inx, Co. Aair�ted by txrmis.K,n. Con,pilce frn,n, vokws K,un'e. by the Fnvirunn,cn- ur Wencc Fund. FIVE -7.17 MEMORANDUM To: Diane Moore, Planning Director From: Chuck Roth, City Engineer Date: December 31, 1991 Re: Aspen Mountain PUD - Ice Rink - GMQS Exemption & Conditional Use Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: General Comments - 1. The blueprints appear to indicate that the curb line was intended to extend further into the street than existing conditions. This was discussed at the Development Review Committee meeting. The applicant indicated that the curb line would be maintained at its existing location which coincides with engineering department recommendations in March of 1990. 2. Due to snow on the ground, it was not feasible to determine the condition of the existing curb and gutter. New curb and gutter must be installed as needed on the three adjacent public rights - of -way. 3. The adopted sidewalk, curb and gutter plan calls for 8' wide sidewalks in the commercial core, which includes both sides of Durant Street, and 5' wide sidewalks elsewhere. The plans appear to indicate a 6' wide sidewalk on Durant. This must be upgraded to 8' wide. 4. The surface of the ice rink has been cut in half from previous plans - from 9,000 to 4,500 square feet. In previous plans there was a proposed encroachment of about ten feet. The encroachment was determined to be inappropriate by the City. The reduction of ice rink size may be an unnecessarily large reduction when only ten feet of encroachment was a problem. Ten feet over a length of two hundred feet would only account for a 2,000 square foot reduction. Examining the site plan, one wonders if the newly proposed rink is unnecessarily smaller than the rink size originally presented. Note that the rezoning application of June 27, 1991, continued to show the size of rink (9,000 square feet) that was originally proposed. 5. Snow shed from steep roofs has been a problem in town. The proposed architectural appearance of the skate rental building is pleasing, however there must be protection for the public from the hazards of snow slides off of the roof. 6. The proposed architectural appearance of the rink maintenance building does not appear to match the character of the skate rental building. Perhaps the semi -circular window over the skate rental entry way and the hipped roof angles and decorative roof cresting of the skate rental building could be carried forward over the doors and windows of the maintenance building. The upper corners of the walls at the garage doors could also be forty-five degrees instead of'square corners. 7. Will the sidewalks be heated? There are no code requirements or restrictions about heating sidewalks, but the engineering department recommends that the sidewalks with proposed grades of 5% be required to be heated for pedestrian safety. For heatmelt systems installed in public rights -of -way, electrical heating systems are nor permitted. 8.' On page 16 - "A fee will be charged for the use of the rink...." Has this been contemplated in previous applications and reviews? 9. Given the continuous problems of unapproved work and development in public rights -of -way, we would advise the applicant as follows: The applicant shall consult city engineering (920-5080) for design considerations of development within public rights -of -way and shall obtain permits for any work or development within public rights -of -way from city streets department (920-5130). Subdivision to Create Lot 6 10. Is it in the public interest to create a separate lot? Why is this being requested? It provides the ability to convey the lot separately from the rest of the project. Should not the lot remain part of the main. -project parcel? Should not the ice rink be Operated by the hotel operator? 11. Drainage - The drainage proposal meets subdivision requirements 12. Utilities - The plat amendment must indicate the electric transformer easement as needed by the City Electric Department. 13. 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 using language currently available from the city attorney's office. Exemption from GMQS - 14. The application appears to be meet exemption requirements. Zq r Exemption from tap fee payments - 15. Please obtain comment on this from Water Department. Note that in earlier years, under previous councils, tap fee waivers were actually paid for by the city from the general fund in order to maintain revenue accountability for the water fund. Waiver of Off-street Parking Requirements - Note that this request for a waiver of off-street parking requirements is a change from the statement in the rezoning application of June 27, 1991, that "Parking requirements for the Ice Rink and Park will be analyzed as part of the development review for the Southern portion of Lot 5." The application should have presented a parking analysis prepared by a traffic engineer so that the reviewing agencies would know normal parking generation due to employees, service and delivery vehicles, and park and ice rink users prior to being requested to comment on parking requirements. As we discussed, it would appear appropriate to require parking for employees at the site. As to the amount of parking to require for users, with the Ruby Park Transit Center across the street, a reduction in the number of spaces could be discussed. It is however questionable for the amount of spaces for ice rink users to be reduced to zero. On page 26, item 3. ".... the vast majority of patrons of the rink are expected to walk to the rink from their accomodations." Majority ..... perhaps. Vast majority ..... ? Perhaps not. The community is actually short of ice time that is available to the public. Between figure skating, hockey programs, and special events, the actual hours that the Aspen Ice Garden are available to the public is quite limited. It is quite possible that at least enough community use and use by lodgers not within walking distance should be realized so' as not to eliminate parking requirements based on "the vast majroity" of users being within walking distance. Per your request, the following information is submitted concerning available on -street parking in the vicinity. The Durant Street frontage offers about 13 on -street, parallel parking spaces. The. Galena Street frontage offers about '10 on -street, angle parking spaces. The Mill Street frontage will offer about 5 on -street, parallel parking spaces. The Dean Street frontage is now private property. There is the ability to provide about 13 off-street, parallel parking spaces on the Dean Street frontage. j0 Postponement of Review for Employee Housing - No comment. cc:. Bob Gish, Public Works Director cr/M91.2 8 0 30 DEC 3 1 1 TO: Diane Moore, City Planning Director FROM: George Robinson, Acting Leisure Services Director DATE: December 31, 1991 RE. Aspen Winter Garden, Aspen Mountain Subdivision, Amended PUD Subdivision Upon reviewal of the Amended PUD Subdivision Proposed Lot 6 for the Aspen Winter Garden of the Aspen Mountain Subdivision, the Parks Department has the following concerns and/or comments. In regards to the proposed landscape design/plans, it should be noted that the two Cottonwoods on the corner of Durant and Galena Street are healthy trees and not at the end of their life expectancy. The spruce trees located mid block on Durant Ave are also healthy trees and would recommend efforts be made to save the trees and design around them. However,"if" a tree removal permit is granted, the trees should be replaced with a minimum of 9, 12 to 16 feet in height spruce trees (page 13 states mitigation would be "9 new spruce trees between 8 and 16 feet in height"). All trees to be relocated should be contracted out to a company willing to guarantee the transplant success, Savannah will be responsible for replacing any relocated trees (with comparable worth trees) that do not survive transplanting. It is recommended that the turf type (sod or seed) be composed of rye or fescue species. Upon submission of a finalized landscape plan, a detailed description of the proposed irrigation system should be included as well as descriptions and specifications on landscape maintenance plans. The irrigation system and design should be in compliance with the newly adopted Water Conservation Ordinance. This department would recommend against rezoning the parcel as ' a "park". The City of Aspen's Ice Garden is zoned "Public" and Parks Department would recommend the Savannah Aspen Winter Garden be zoned the same. Public zoning could be more conducive for their proposed special events for summer usage. However, it is recommended that Savannah not be exempt from special event review. This could set an unacceptable precedent for the future. If Savannah plans to set up tents for summer special events, it is suggested that permanent fixtures be set in the ground for guy wires and the like, versus driving stakes into the ground and destroying turf and breaking irrigation lines. The plan for slope lawn seating (page 11) may be appropriate for summer special events but may become a problem for winter special events. In regards to aj parking, will the parallel and angle parking along Durant, Mill, Dean and Galena remain? If not, this department believes they should not be exempt from off street parking requirements. Lastly, the Parks Department recommends against waiving water tap fees. The City Parks and the City Ice Garden are required to pay water tap fees and see no reason for Savannah to be exempt. �;2, ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Diane Moore, Planning Office DEC 1 6- From: Environmental Health Department -- Date: December 16, 1991 Re: Aspen Winter Garden PUD Amendment Case No. A54-91 The Aspen/Pitkin Environmental Health Department has reviewed the above -mentioned land use submittal for the following concerns. The authority for this review is granted to this office by the Aspen/Pitkin Planning Office as stated in Chapter 24 of the Aspen Municipal Code. SEWAGE TREATMENT AND COLLECTION: Wastewater disposal for the applicant's property is currently provided by the Aspen Consolidated Sanitation District. This conforms with Section 1-2.3 of the Pitkin County Regulations On Individual Sewage Disposal Systems policy to "require the use of public sewer systems wherever and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers". The rental building and maintenance structure are to be connected to the central collection system. ADEQUATE PROVISIONS FOR WATER NEEDS: Water for the applicant's property is currently provided by the Aspen Water Department distribution system. This conforms with Section 23-55 of the Aspen Municipal Code requiring such projects "which use water shall be connected to the municipal water utility system". The rental building and maintenance structure are to be connected to the 6" water main in the street supplied by the municipal water system. AIR QUALITY: VC/ A firm experienced in designing ventilation systems for ice rinks should evaluate the mechanical area, the maintenance building and especially the sunken rink itself to ensure that fumes will not reach unhealthful levels. Depending on how many feet the rink is sunken and the enclosure created by trees and buildings, carbon monoxide levels from the Zamboni are a significant health concern. We would like a condition of approval to be a review from such a firm indicating that the design will not cause high carbon monoxide levels to build up. As the applicant points out, the location of the facility next to Rubey park and downtown hotels will encourage people to use the bus '130 South Galena Street Aspen, Colorado @1611 303/920-5070 33 mycw pap- or walk to get to the site, instead of driving. We would prefer that a minimum amount of parking be provided, to encourage people to walk or take the bus to the rink, instead of driving a car. The type of coolant to be used was not specified. We would like the applicant to evaluate alternatives to freon which will not contribute to destruction of the ozone layer and global warming. It is possible that a safe alternative does not exist, but the applicant should rule out better alternatives before using freon. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: The proposal has been modified to eliminate the restaurant in the area. No review or license are now required from this department. However, any special events where food is served will still need to be reviewed by this office to ensure compliance with the Rules and Regulations Governing the Sanitation of Food Service Establishments in the State of Colorado. NOISE: The applicant shall be required to comply with Chapter 16 of the Aspen Municipal Code, titled Noise Abatement. Any complaints from neighboring properties that are registered with this office will be investigated using this document. It is important for the applicant to recognize that noise generated from the rink may impact the immediate neighborhood, and take precautions to minimize that impact. An example of a potential problem might rest with amplified music or a loud speaker system to be used in conjunction with the rink, if that is proposed. 31 hfl1 Asp en Pitki:n��,. ,I ning Of f ice 130 so�inga'�`�'natreet .aspewk,; _o, March 22, 1990 Perry A. Harvey, Director Hadid Aspen Holdings, Inc. 600 East Cooper Street, Suite 200 Aspen Colorado 81611 Dear Perry: 81611 DATE: ,� 2- '/ I am writing in response to your letter dated March 14, 1990 with regard to the Lot 5 "Phase II" submission of ' the Aspen Mountain Subdivision and Planned Unit Development and your follow up letter of March 16 regarding the Floor Area Ratio on Lot 5. It is my understanding that' you are requesting that your application for Phase II, which originally included both the Ice Rink and Park component ( Lot 6 ) and the Hotel Phase II ( Lot 5), be bifurcated and that we only process the Ice Rink and Park subdivision and rezoning at this time. This will be a consolidated two step review with the Planning Commission and the City Council. The remainder of the application will be processed subsequent to the Ice Rink and Park and scheduled appropriately before the Planning. Commission and the City. Council as a four step process taking to consideration other applications and staff workload. As you summarized in your letter, the FAR limits for Lot 5 have already been set and agreed upon in the PUD agreement which was ratified by the voters last month. In addition, the open space on the northerly portion of Lot 5 (new Lot 6) will support the development activity on the southerly portion of Lot 5, as outlined in the PUD agreement. The bottom line is that the PUD agreement provides you with 115,000 square feet of FAR on Lot 5. The PUD agreement, supported by the City Clerk's minutes of the May 9, 1988 City Council meeting, does support your claim that the FAR on Lot 5 for Phase II of the hotel is over and above any park or public use, i.e. essential community services (including accessory structures to service an ice rink) on Lot 6. r 35 In addition, the Planning Office will review the parking and, employee generation requirements for the Ice Rink and Park and' may choose to defer these issues to be analyzed as part of the entire Lot 5 proposal for Phase II if it makes sense to do so and protects the City's interest. At this point I cannot commit to deferring analysis of these issues. I will consider your letter of March 14 a formal request for subdivision of that portion of Lot 5 lying north of the vacated Dean Street in addition to the previous request for rezoning and deed restrictions as per your previous application. Please contact me if you have any questions or concerns. Otherwise we will continue to process your application for the subdivision and rezoning associated with the Ice Rink and Park, now scheduled for April 3 in front of the Planning Commission. Sincerely G Amy Marge Pla ng Dire or VP cc: Tom Baker Leslie Lamont Sandy Stuller AFFIDAVIT I, Joseph Wells, being first duly sworn on oath, depose and state that: 1. I am the agent of Savanah Ltd. Partnership, the applicant in connection with the Development Application for Final PUD Amendment Review for the Ice Rink proposed for Lot 5 of the Aspen Mountain Subdivision which is the subject of a public hearing by the P&Z on January 7, 1992. 2. I complied with the notice requirements of Sec. 6-205(E)(3)(b) of the Aspen Land Use Regulations of the Aspen Municipal Code by posting of notice on the subject property on December 23, 1991. 3. The foregoing statements are true of my own' per tonal knowl t Josep Wells � 602 idland Park Place Aspen, Colorado 81611 STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoin Affidavit of Joseph Wells was acknowledged before me this day off ,1992. WITNESS ift hand and official seal. Y Il My commission expires: / Ms. Diane Moore