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Home My WebLink Aboutcoa.lu.ca.709 E Durant Ave.A55-93 / ~ 1"""\ CASELOAD SUMMARY SHEET city of Aspen PARCEL ID AND CASE NO. 2737-182-53-001 A55-93 STAFF MEMBER: KJ Text Amendment. GMOS Exemotion and 81611 APPLICANT: Reinhold Asoen. Inc. c/o McFlvnn & pickett Applicant Address: REPRESENTATIVE: Martv Pickett. McFlvnn & pickett Representative Address/Phone: 320 W. Main st. Asoen. CO 81611 925-2211 -------------------------------------------------------------- -------------------------------------------------------------- TYPE OF APPLICATION: STAFF APPROVAL: P&Z Meeting Date--1J/v I CC Meeting Date /1/Z,7/ 1st PUBLIC HEARING: tz.'jr3 ~/JD VESTED RIGHTS: DRC Meeting Date 1/011/ E- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 2041 $ 93 $ 55 $ $ 2189 # APPS RECEIVED 5 # PLATS RECEIVED 1 STEP: 2 STEP: x NO -~~ NO ~ te-xr ~ PUBLIC HEARING: VESTED RIGHTS: ES YES NO --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney I.) l~ City Engineer {/!M"J< ~ /. :::::x= HOUS, ing D ir. (JII! )PO Aspen Water ~ City Electric /11 0- l' Envir.Hlth., ? (1;, VL51 ,')(. Zoning wJ'? Ii,,? DATE REFERRED: /O/tlf'l3 Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center INITIALS: :JJJ) School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DUE: 10 116'/ '13 ---------------------------------------------------------------- ---------------------------------------------------------------- FINAL ROUTING: ~~~ ___ City Atty ___ City ___ Housing ___ Open DATE ROUTED: INITIAL: Engineer ___Zoning Space Other: ___Env. Health FILE STATUS AND LOCATION: fJv (KOAG0WV'\ JA[I~\q? JUL 27 '28 07:24 MCFLYNN & PICKETT PC 1-\ P.3/5 (~\ . .'--" McFLYNN & PICKETT LAWYERS A PROFESSIONAL CORPORATION , "~ ." WUlfIll:ll ' THE SMrTKoIE!:USHA HOUSE = VA!$T MIJN STREET ASPEN. COt...OAADo 81811 MARTHA C. PICKE;TT TIMOTHY McFLYNN" JEANNE C. OOREMUS _VlLLIIil_ ANDERSON AANcH 51~1 OWL CMEKROAD SNOWUASS \In.LAOE. CClOAAOO _u.._llalIlftt_J T!;I.I!PHONe POOl ""So2211 TELEC()PIER ~l t2s.244a .IrC,8OAO/oIITqOlN~FOAtIA "I'eJ...UHONE.(Io:s)aI-U', TaECOPI~ _) tB-I'35 March ,16, 1993 Dl1D DBL:tVDED Diane Moore City Planning Dir.c~or Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 RE: A81:len Club L04tte: C04e Interllretation Dear Diane: tt!.z,'/'t3 Di6- if..;... ~tf'~4~~ ~~~~el iM~ ~. ~:5. On behalf Of' the owner of the Aspen Club Lodqe, and pursuant to a meeting with Leslie Lamont and Bill Dreudinq on March 15, this letter is to request interpretation of Code Section 5-214 (8) (6) with regard to the ability of the Lodge to maintain "oustomary accessory commercial uses" in a portion of its basement area. At! you may know, the Lodge has recently completed an extensive remodeling project. The approved building plans indicated that a portion of the basement area would be for ski storage and ski locker use only. Ove1" the ski season, the owner acknowledges that the use in that area has evolved to provide services Which are not allowed in the L/TR Zone. Because we must resolve this problem by March 19 in'order to receive the certifioate of Occupancy, we are requesting your assistance in determining the legal.ity of the current situation. The owner wishes to comply wi~h the Land Use Code and has taken immediate steps to do so. However, there remains a question as to whether or not some limited guest services can be provided which will comply with the Code. Specifically, the owner would like to continue to provide a service to its guests which would be a major amenity and oonveniertce to quests who arrive and desire to have skis and ski equipment provided at the lodqe for ski-in/ski- out convenience. In a ski resort community such as Aspen, a ski lodljJe seeks to provide as many services and amenities to its guests as pOSSible. Certainly, one ,of the primary ones is providing skis and ski equipment to guests so that they do not have to be bombarded with advertisements and logistical problems of qoinq to various ski stores, to ljJet this equipment rented, repaired and tuned as necessary durinq a visit. " JUL 27 '28 07:24 MCFLYNN & PICKETT PC !""""\ P.4/5 ~ Therefore, the owner saeks your interpretation of the "customary accessory commeroial use", which is a peraitted use in the L/TR Zone, to determine that the Lodg'e can provide the following' limited quest services: 1. When quests call Aspen Club Properties for reservations, or arrive for their visit, they may order custom skis and equipment from Aspen Club Properties, who will in turn contract with Aspen Sports to provida the requested equipment on site to guests. 2. Guests may store their skis and other ski equipment in tha lockers provided. 3. Aspen Club Properties employees may be on site to qreet quests and accommodate them by providinq their ski equipment to them in the mornin'1s and taking' their ski equipment from them for storage in the evenings, with any orders for tuning', repair, etc. .. The Aspen Club propertie5 employees will then coordinate with Aspen Sports to have either Aspen Club Properties employees Or Aspen Sports employees deliver the ski equipment back and forth as necessary so that it is ready for the guests the next morning'. 5. All charqes to guests for provision of the equipment and it:; repair or tuning, will be made by Aspen Club Proper- ties directly to its guests and Aspen Club Properties will contract independently with Aspen Sports to pay for these 'services. rhe owner reg'rets that the situation in the skistoraqe area progressed to a point which became a noncompliance with the Code. At this point, there are a total of six employees who have been providinq this service on behalf of Aspen Sports and Aspen Club Properties whom we would like to maintain throug'h the ski season. Also, the quests have relied upon this service being' available when they arrive. Therefore, we would like very much to request your consideration to allow the limited Uses described above only until the close ot the 1992-93 ski season, April 11. In order to tully resolve this dilemma, the owner will immediately seek a pre-application eonferenee with Leslie for rezoning of the Lodqa to Commercial Lodge Zone District, so that a small commercial area will legitimately be available in the basement specifically for on-site ski rentals, accompanied by limited retail services. However, because of the limited time remaining during the ski season, we appreciate your consideration of the above operational plan so that this amenity to guests be allowed to continue until April 11. The owner, as other owners of lodges in this City, is committed to providing premiere services to JUL 27 '28 07'25 MCFLYNN & PICKETT PC r-, P.5/5 r'\ . . " its guests and at this point,' to provide absolutely no ski equipment service to the quests would be detrimental. We app~eciate the city's continuinq cooperation on this as well as other ~tters that have arisen with regard to the Aspen Cl\1b Lodge. '!'he owner is anxious to continue its cooperation with City. Please note that out of the $1.6 remodel1nq costs, more ,than half of that amount has been incurred ):)y brinqinq the property up to various Code requirements. The owner has been very willing to meet these requirements and is certainly willing to meet the requirement on this zoning- issue. However, because of the time restraint left in the skiinq season, and the schedule for issuance of the CO, the owner respectfully requests your cooperation in this interpretation to allow the limited Uses listed above. We look forward to working with you and will be happy to meet with you if you need additional background or information on what we are proposing in this operational plan. 5est regards. Sincerely, McFLYNN & PI' ETT, P.C. By: C. P10ket MCP:klm cc: 3ed Caswall, Esq. A:1Ay Margerum Leslie Lamont Bill Dreuding Jim Schpall Joy Sloan Ernie Frywald Sunny Vann Wayne Stryker reinhold\konehan.ltr / JUL 27 '28 07:23 MCFLYNN & PICKETT PC ,~ P.2/5 ~ McFLYNN & PICKETT LAWYERS A PROFESSIONAL CORPORATION ..... 01'_ iHE SMITH.ELlSHA. HOUSE ~20 WE$T UAJN aTREET ASPEN,COLORADO &1811 TelDHONe (303) 82502211 Tit.;ECOPIEA~ ~"2 .AU$Q~IMCALJFCRHlA --- ANtlERSONAAN<:H 51~t aM.. CASt;!( ROAP SNOWMAS& VILlAGE. COt.ORADO tp,.... t.IM HI*' M8IIrIo Addrou) TEl.EPiioNE _ ......" Tl;L.EeOIl1I,. ~ NW128 MAR"J'IiA C. PICKETT TIMOTHY McI'LYNN. JEANNE C. OOREMUS December 14, 1993 Kim Johnson Diane Moore Aspen/Pitkin Planning Office 130 S. Galena st. Aspen, CO 81611 By FAX 920-5197 ReI A.Den Club Lodae Dear Kim and Diane: This letter is to confirm . that . the ... applicatiOt'llw on behaU. of Reinhold Aspen, Inc. for rezoninq, GMQS exemption and conditional use approval for 500 sq~ ft.. C)f cC)lll)lI~rcial usa beloW qrad. in the ASlpen Club LOdqe lcs hereby withdrawn. As I explained to you, the new management of the lodge wishes to carefully evaluate this matter prior to any further requests for land use approvals. In fact, as we discussed, the new managers, Tom Rasmussen and Shane Eagan, wish to meet with you on Tuesday, December 21, at 2:00 p.m., to review approved uses in the below grade space to ensure that they fully comply with City regulations and pOlicies. FOr your convenience, I have enclosed a copy of the letter to you last year with regard to Aspen Club LOdqe's operation in its basement and what is allowed without any further approvals for rezoning or QMQS exemption for commercial use. The new management would like confirmation that the uses as outlined in that letter remain acceptable to the City this winter pu~suant to its interpretation of the Code as it relates to the issue of accessory uses. We look forward to meetinq with you on the 21th for this purpose. SincerelY, McFLYNN & PICKETT, P.C. 0,,, ~P1"""t< ,....., ,~ McFLYNN & PICKETT , LAWYERS A PROFESSIONAL CORPORATION ASPEN OfFICE: THE SMITH-ELISHA HOUSE 320 WEST MAIN STREET ASPEN, COLORADO 81611 MARTHA C. PICKETT TIMOTHY McFL YNN' JEANNE C, DOREMUS $NDWMASS VILLAGE OFFICE: ANDERSON RANCH 5131 OWl CREEK ROAD SNOWMASS VILLAGE, COLORADO (Please Use Aspen Mailing Address) TELEPHONE (303) 925.2211 TELECOPIER (303) 925.2442 *Al.SO AOMlTTEO IN CALIFORNIA TELEPHONE (303) 923-2211 TELECOP1ER (303) 923.3129 ,~ November 22, 1~~ 1,';-" c:;:~--.."- i" Ii,; U ' [,I" !;'i: NO\/ 'JI I, :: ': .' (., 11 t l' ILl K...... , Kim Johnson Aspen/Pitkin Planning Office 130 S. Galena st. Aspen, CO 81611 ~._--._-,.,'- ,:i },I! Ij/ !Ii , Iii '))1 -" ,; .,-~ ! I ._~,---j HAND DELIVERED Re: ASDen Club Lodae Dear Kim: As you, Diane Moore and I have discussed, pllease find enclosed an Amendment to the Application for approval of qommercial space in the below grade area of the Aspen Club Lqdge. Our first Application included a text amendment to allow ~imited commercial use in the L/TR zone, a conditional use appro~al for 500 square feet of commercial use and a GMQS Exemption Appl~cation for the 500 square feet of commercial use. i I After extensive discussions with you and DiAne, we have agreed to amend the Application to no longer seek a text amendment under the L/TR, but to return to our original intJent to apply for rezoning of the Aspen Club Lodge property from ~/TR Zone to the CL Zone. ' As we discussed, hearing dates for this February 14, 1st & 2nd you are purpose: Readings holding places! on the following January 4, P&Z!i and January 24 & with City counc!il, respectively. ! We appreciate your continuing cooperation Qn this matter. We regret that we went so far in the process un!:J.er the L/TR text amendment, thinking that was the desirable pla* of action by the Planning Department. At this time, we appreciate your accommoda- tion to us on getting the Rezoning Application tihrough in a timely fashion. r-- .,,-.., Kim Johnson November 22, 1993 Page 2 If you need any additional information, please do not hesitate to call me. Sincerely, McFLYNN & PICKETT, P.C. By: a tha . Pickett MCP:klm Enclosures cc: Reinhold Aspen, Inc. reinhold\johnson.ltr .,.--/ ~ /"""', ,....., AMENDMENT OF LAND USE APPLICATION I. SUMMARY The Applicant submitted a Land Use Application on September 22, 1993, seeking a land use code text amendment to section 5-214, L/TR Zone, to allow a limited amount of commercial space as a conditional use in the L/TR Zone. In addition, the Applicant sought approval of 500 sq. ft. of commercial space as a conditional use and an exemption from GMQS for 500 square feet of commercial space, subject to the terms and conditions of the requested text amendment. This Land Use Application Amendment will seek rezoning of the Aspen Club Lodge Property from L/TR to the CL Zone. The portion of the Application seeking exemption from GMQS for 500 square feet of commercial space shall remain the same. II. REOUEST FOR AMENDMENTS TO THE LAND USE CODE AND OFFICIAL ZONE DISTRICT MAP PURSUANT TO ARTICLE VII. DIVISION 11 The Applicant hereby requests an amendment to Section 5-215 to allow commercial uses on floors other than street level and lodging accommodations on street level, upon conditional review. The Applicant further requests an Amendment to the Official Zone District Map to rezone the subject property from the LOdge/Tourist Residential (L/TR) Zone District to the commercial Lodge (CL) Zone District. This Application meets the spirit and requirements of the land use code. The purpose of the CL Zone District is to provide for the establishment of mixed use commercial development and lodge units which will be accomplished by the Applicant's request. It is unclear as to why the Code stated in this CL purpose statement that commercial development was to be on street level and all additional stories be lodge accommodations. In fact, the Aspen Club Lodge currently has its restaurant on the second floor and will be requesting in this Application for GMQS Exemption for 500 square feet on the below grade level. Standards for Aooroval. 1. The proposed text amendment is not in conflict with any portion of the Land Use chapter of the Code. This Application will provide an orderly and logical extension of the CL Zone to allow mixed use of commercial and lodge use on the subject property. 2. The proposed amendment is consistent with the Aspen Area Comprehensive Plan. The majority of users of the proposed commercial space will be associated with the Aspen Club Lodge -- either guests or friends of guests which will have very little impact. --- 1!./'''''~"",_,::" r-., r", 3. The proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighboring characteristics. Rezoning of the subject property will be a logical extension of the CL Zone in the gondola area which was not in existence at the time of zoning this property L/TR. 4. The proposed amendment would not create a significant impact on traffic generation and road safety. Most of the patrons will likely be guests of the lodge and therefore, it is anticipated that there would be very little, if any, impact to traffic. 5. The proposed amendment would not result in demand on public facilities, considering the capacity of such facilities. There is an existing commercial lodge on the subject property and adding commercial space will not create additional demand on public facilities. If additional commercial space is sought in the future, the owner would be required to mitigate under the GMQS process. 6. The proposed amendment would not result in any adverse impact on the natural environment. 7. The proposed amendment is consistent and compatible with the community character in the city of Aspen as described in Paragraph 2 above. 8. The proposed amendment is supported by changed conditions in the surrounding neighborhood. The Little Nell and Ritz-Carlton PUDs allow for commercial uses readily available to their hotel patrons. In order for this particular lodge to remain competitive in this neighborhood, limited commercial uses within the lodge are necessary. Also, as stated above, the character of this neighborhood has changed with the addition of the gondola, since zoning of the parcel to L/TR. 9. The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Use chapter because of the purpose statement of the CL Zone district, with the requested amendment. III. REOUESTS FOR EXEMPTION FROM GMOS FOR 500 SOUARE FEET OF COMMERCIAL SPACE [See earlier Land Use Application for text related to this request. ] -2- ..". -....."" ,'-'" r", IV. REOUEST FOR LOCATION OF COMMERCIAL SPACE ON SUBGRADE LEVEL AND LODGING UNITS ON STREET LEVEL AS A CONDITIONAL USE The Applicant hereby requests approval of 500 square feet of commercial space to be located below grade, immediately downstairs from the lodge lobby. Further, the Applicant requests approval for lodging accommodations at the street level, which accommodations are currently in existence. standards for Approval. The below grade commercial space and lodging accommodations on street level comply with the standards applicable to conditional uses pursuant to Section 7-304, as follows: 1. This conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, to allow mixed use of commercial development and lodge units, without taking away from or providing a disincentive to locally oriented businesses. 2. This conditional use request is consistent and compatible wi th the character of the immediate vicinity of the Aspen Club Lodge, particularly given the adjacent Little Nell PUD which provides extensive commercial services for its patrons. 3. The location, size, design and operating characteristics of the proposed conditional use minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking trash, service delivery, noise vibrations and odor on the surrounding properties. As stated above, the proposed small commercial space is going to be below grade and will have extremely minimal impact upon the surrounding area because it will be primarily used by patrons, guests and customers of the Lodge so that most traffic will remain on the interior of the Lodge. 4. There are adequate public facilities and services to serve the conditional use. 5. The Applicant commits to mitigate the incremental need for increased employees deemed generated by this conditional use as set forth in the original Application. 6. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by other applicable requirements of this Chapter. IV. PARKING AND FAR DATA FOR SUBJECT PROPERTY The CL Zone currently has an external floor area ratio requirement of 2: 1, with no requirement on internal floor area -3- y<, <,~ -,.<< r-, ~ ratio. The parking requirements for the CL Zone are two spaces per 1000 square feet of net leasable area, which may be provided on a cash-in-lieu payment. It is my understanding from discussions with the Planning Department that upon submittal of this Application for rezoning, the city Planning Department may seize this opportunity to make certain revisions to the FAR and parking requirements in the CL Zone. In any event, we will address those two items of concern, if necessary, at the public hearing. However, please note for your information that the existing external floor area for the Aspen Club Lodge is 48,740 sq. ft. and the property contains approximately 42,645 sq. ft. of land area. The Lodge currently has 41 parking spaces available, all of which are currently required for the present use. As set forth in our original Application, page 3, we discussed the fact that this conditional use for 500 sq. ft. of commercial space is not expected to generate additional parking requirements since the majority of use will be in-house by the hotel patrons. Respectfully submitted this ~ day of November, 1993. re;nhold\landuse~ap2 -4- McFLYNN & PICKETT, P.C. By: pickett / ~. ~ \A\~~ .~ crt( \y\\o \ ~' MEMORANDUM TO: Aspen planning and zoning commission FROM: Kim Johnson, Planning RE: Aspen Club Lodge: proposed Code Amendment to the L/TR (Lodge Tourist Residential) Zone District to Allow Limited Commercial Use, GMQS Exemption, Special Review for parking and Conditional Use for a 499 s.f. Ski Shop DATE: November 2, 1993 ----~----~-----------------------------~----------------------- --------------------------------------------------------------- SUMMARY: The Planning Office recommends denial of the proposed text amendment allowing limited commercial development in the Lodge/Tourist Residential zone district. The intent of the applicant is to seek approval of the text amendment and the attendant GMQS Exemption and Conditional Use approvals to incorporate 499 s.f. of commercial (net leasable) area into their current ski storage area in the basement of the lodge. APPLICANT: The Aspen Club Ledge (Reinhold Aspen, Inc.), represented by Marty Pickett LOCATION: The Aspen Club Lodge (Lodge) is a 90 room hotel located on a 42,645 s.f. par~el at 709 E. Durant. The parcel is zoned L/TR (Lodge/Tourist Residential). Please refer to the application text and sketch for a further description of the proposal, Exhibit "A". BACKGROUND: During the past ski season, the Lodge operated an approximately 1,500 s.f. "ski concierge" service in the basement below the lobby. The actual operation was performed through a contract with a local ski shop and some aspects were done off- premise. This area included ski/boot storage lockers as well as a rental desk and tuning service. Zoning staff became aware of this space's use and was perturbed because it had been clearly declared on the remodeling permit as "ski storage and ski locker use". It became apparent that the space was also being used for non-guest commercial activity which was contrary what uses were represented during plan reviews. Zoning required the Lodge to eliminate non-guest commercial activity as an interim measure until the issue of storage space vs. active ski shop could be resolved. The permitted uses. in the L/TR zone restricts this zone to lodge/hotel accommbdations, residences, and "Dining rooms, customary accessory commercial uses, laundry and recreational facilities located on the same site of and for guests of lodge units, boarding houses, hotels and dwelling units." It is under this provision that the lodge had agreed to temporarily operate its 1 \ ,-. ,....., ski concierge area even though Zoning other than strict ski equipment storage issued building permit. interpreted that any use would not comply with the PROCESS: The proposed text amendment is the threshold issue as to whether or not the Conditional Use, GMQS Exemption and Special Review can be considered. Therefore, staff suggests that the commission focus on the text amendment and vote on a recommendation. ,If the recommendation is to deny the text amendment, the Commission should not address the other reviews at this time. If the recommendation is to approve a text amendment the Commission could opt to consider the other reviews, but there would exist the risk that the text amendment could be denied at councilor altered significantly. If different text were adopted, re-consideration of the other reviews by P&Z may be necessary. REFERRAL COMMENTS: Complete referral comments are attached as Exhibit liB". City Engineer Chuck Roth states that the Engineering Department has no concerns with the proposed text amendment or the 499 s.f. of commercial use considering the proposed cash-in-lieu for two parking spa~es. The Housing Office has responded that the calculations for affordable housing mitigation are correct for 1.05 low income employees. The Housing Board's first preference is for a business to provide on-site housing. Then the Board would consider off- site housing, and then consider cash-in-lieu. A Category 1 restricted studio unit would provide the appropriate housing. Cash payment would be $72,450.00. PLANNING number 5 follows: COMMENTS: The proposed text amendment will add a new to the list of Conditional uses in the L/TR zone as 1. 2. 3 . 4 . Restaurant TimeSharing Satellite Dish Antennae Accessory Dwelling Units meeting the provisions of section 5-510 Limited commercial uses within a lodge, with the total commercial space not to exceed five percent (5%) of the total FAR of the lodge, or 2,400 square feet, whichever is less. 5. Planning is uncomfortable with the proposed amendment to allow limited commercial in the L/TR zone for the following reasons: 1. The L/TR zone district is the one of the largest zone districts area-wise in the City, exceeding slightly the area of the CC Commercial Core zone district. The applicant proposes to restrict the limited commercial allowance only to lodge uses. However, due to the spread out nature of the L/TR 2 ').. ,....., ,,-., zone, the Commission could be called upon to review such spot commercial uses in a non-concentrated manner within this zone. Planning is concerned with the potential of this "creeping" commercialism. Please refer to Exhibit "C" for a map of the L/TR zone district. 2. There is no definition of "limited commercial" which is contained in the proposed text. The size limits proposed in the amendment, 5% or 2,400 s.L whichever is less, may be enough space for a particular use to become a nuisance in a neighborhood. The opportunity for the commission to review each proposal as a Conditional Use is helpful, but the burden on the Commission to develop workable limitations on the use, and the follow-up enforcement by Zoning staff may become problematic. 3. The L/TR zone is designed to "encourage construction and renovation of lodges in the area at the base of Aspen Mountain and allow the construction of tourist-oriented detached, duplex and multi-family residential dwellings." This purpose may be diluted by this text amendment. Adjacent to a large portion of the L/TR zone is the CC (Commercial Core) and CL (Commercial Lodge) zones, which allow general commercial uses. Please refer to Exhibit "D" for a complete presentation of review criteria for rezoning, Conditional Use, Special Review for Parking and GMQS Exemption for new net leasable area. In conjunction with the proposed code amendment, the Lodge seeks Conditional Use approval (as set forth in the proposed text amendment) to "convert" 500 s.f. of the ski concierge area to a public-serving commercial area. This would include public rental of 39 storage lockers and retail sales of ski sundries (goggles, gloves, sunscreen, etc) , equipment, and clothing. As this conversion is definitely considered new net leasable area, Exemption from Growth Management is also required by the commission pursuant to the criteria in section 8-104 B.1.a. Aside from the problems foreseen by Planning with the proposed text amendment to the L/TR zone, the proposed Conditional Use and GMQS Exemption for the 499 s.L basement ski shop wil'l have limited impacts to this lodge and the neighboring properties. The size of the space and its basement location will not create a sizable walk- in attraction for ski shoppers. Almost half of the space (214 s.f.) is for 39 equipment lockers for public long term rental. The applicant has acknowledged that cash-in-lieu for two parking spaces is required by code for the new let leasable square footage. The Housing Office has submitted the recommendation to provide an on- site affordable housing unit to provide for 1. 05 Category 1 employees. ALTERNATIVES: A text amendment could establish a lower maximum 3 j ,I"'"', '"" square footage for commercial uses, such as 1,000 s. f. An amendment could specify which uses may be considered for Conditional Use rather than leaving it open to the undefined term "limited commercial". staff is still uncomfortable with these alternatives because the crux of the 3 staff issues presented above (creeping commercialism into residential areas, and problematic enforcement) would still be present. staff has discussed with the applicant a completely different route which would be to rezone the Lodge to CL (Commercial Lodge). If this option were 'to be considered, a separate set of text amendments would be required and staff would again need to study the ramifications to this parcel and other CL areas. RECOMMENDATION: The Planning Office recommends denial of the proposed text amendment to the L/TR zone district to allow limited commercial development as a Conditional Use. PROPOSED MOTION: "I move to recommend denial of the proposed text amendment to the L/TR zone district to allow limited commercial uses finding that rezoning review criteria C,D,G,H and I have not been met." Exhibits: "A" - Application Text and Sketch "B" - Complete referral Comments "c" - Zone District Map of LfTR Zones "0" - Review criteria and Responses 4 ~ t'" r", LAID> USE APPLICATION The Applicant is seeking a Land Use Code Text Amendment to section 5-214, LOdge/Tourist Residential (L/TR) Zone to allow a limited amount of commercial space as a conditional use in the L/TR zone. In addition, the Applicant is seeking an exemption from GMQS for 500 sq. ft. of commercial space, subject to the terms and conditions of the requested text amendment. I. ReQUest for Amendment to Asnen Land Use Code Pursuant to Article 7. Division 11. The Applicant hereby requests an amendment to the Aspen Land Use Code Section 5-214, L/TR zone, Conditional Uses. The Applicant requests that a fifth conditional use be permitted in the L/TR zone district, subject to the standards and procedures established in Article 7, Division 3. A fifth conditional use would read as follows: "Section 5-214(C) (5). Limited commercial uses within a lodge, with the total commercial space not to exceed five percent (5%) of the total FAR of the lodge, or 2400 square feet, whichever is less." As with the existing conditional uses in the L/TR zone, such commercial uses would be permitted subject only to the standards and procedures established in Article 7, Division 3, i.e., recommendation for approval, approval with conditions or disapproval by the Planning Director and subsequent approval, approval with conditions or disapproval by the Planning Commission at a pUblic hearing. The Applicant believes that allowing limited commercial uses as conditional uses is appropriate in the L/TR zone. The purpose of the L/TR zone district is to encourage construction and renovation of lodges in the area at the base of Aspen Mountain. The Aspen Club Lodge is located directly at the base of Aspen Mountain, adjacent to the Little Nell PUD, which contains commercial uses. In order to continue to serve the lodge and tourist-oriented market, the Aspen ClUb Lodge wishes to provide certain commercial services to its guests, patrons and limited general public who visit the premises for the restaurant and to visit guests, etc. In particular, the Lodge has determined a need to provide rental skis and boots, tuning of skis, mountain bikes and other recreational equipment to its guests, which would require to be provided in a commercial space. In order for a lodge in the L/TR zone to remain competitive in the tourist market in Aspen, such commercial uses are critical. It is anticipated that commercial uses which need to be provided by commercial lodges will be similar to those permitted uses in the NC, CC and Cl zone districts. Standards For Aporoval 1. The proposed text amendment is not in conflict with any " /""", r", portion of the Land Use chapter of the Code. In order to encourage the maintenance and restoration of lodges in the L/TR zone, limited commercial uses are necessary for such lodges to remain competitive. 2. The proposed amendment is consistent with the elements of the Aspen Area Comprehensive Plan to the extent the Plan is still applicable. In the most recent Aspen Area Community Plan, it was noted that the community must find ways to maintain the lodges in the downtown core area. Allowing limited commercial spaces within these lodges will be consistent with that goal. 3. The proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighboring characteristics. The L/TR zone is surrounded by CC, C1, NC and PUD zone districts which allow for a variety of compatible uses. 4. The proposed amendment would not create a significant impact on traffic generation and road safety because the commercial uses would be limited to such a great degree and scope. Because the commercial uses would be 10 percent or less of the existing FAR of the commercial lodge, with most of the patrons being guests of the lodge, it would be anticipated that there would be very little, if any, impact to traffic. 5. The proposed amendment would not result in demand on public facilities, considering the capacity of such facilities, because it would be a limited use within an existing commercial lodge. If the desired use is one which may tap certain public facilities more than others, that could be one of the considerations of the Planning Director and Planning Commission in its review of the conditional use. 6. The proposed amendment would not result in any adverse impact on the natural environment. 7. The proposed amendment is consistent and compatible with the community character in the city of Aspen as described in Paragraph 2 above. 8. The proposed amendment is supported by changed conditions in the L/TR neighborhood. The Little Nell and Ritz-Carlton PUDs allow for commercial uses readily available to their hotel patrons. In order for other commercial lodges to remain competitive in this zone, limited commercial uses within the lodge are necessary. -2- r-. ~ 9. The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of the Land Use chapter because of the purpose statement of the L/TR zone district. II. Reauest for Exemntion from GMOS for 500 sa. ft. of Commercial8nace. Pursuant to section 8-l04(B)(1)(a), the Applicant requests exemption from GMQS for a commercial area not to exceed 500 net leasable square feet in an existing commercial building. The configuration of the small commercial space is depicted on Exhibit "A". The space will have minimal impact upon the city, as detailed below: A. Emolovee Generation. The Applicant had a m~n~mum of one and sometimes two employees working in the proposed commercial use area in the past for servicing guests and ski equipment storage. Therefore, it is anticipated by the Applicant that there will be no additional employee generation from this commercial space. However, for purposes of this application, below is the generation rate calculation pursuant to the Code. since there is currently no generation rate for commercial use employees in the Lodge GMQS, the Applicant refers to the generation rate for commercial/office GMQS, which is 3.5 employees/lOOO sq. ft. For the 500 sq. ft. use requested, the employee generation would be 1.75. Sixty percent (60%) of the 1.75 employee must be mitigated, or 1.05 employee. Category 1 mitigation would be required, i.e., $69,000 x 1.05 = $72,450.00. The Applicant wishes to discuss with the Housing Authority and the City the most effective alternative for provision of any mitigation deemed required. B. parkina Demand. Because the commercial use will primarily serve guests of the Lodge, it is anticipated that there will be very little, if any, additional parking requirement generated by conversion of this area to commercial use. The Lodge currently has a total of 41 parking spaces available, 18 service spaces and 23 subgrade garage spaces. Typically, these spaces are not filled with guests since a great number of guests use the Lodge shuttle service to and from the airport. For purposes of this application, the calculation for parking demand would be four spaces per 1000 sq. ft. of net leaseable commercial space. Therefore, there could be a requirement of two parking spaces for the 500 sq. ft. commercial space, at $15,000 per space as a cash in lieu mitigation requirement. III. Reauest for Annroval of Limited commercial 8nace in the Asnen Club Lodae as a Conditional Use. Pursuant to the above-referenced text amendment for section 5-214(C) (5), the Applicant requests approval of 500 sq. ft. of limited commercial -3- I"""> ~ space to be located below grade in its There are two small areas shown on the totalling 499.75 sq. ft. for which the exemption and conditional approval. current ski locker room. attached Exhibit "A", Applicant seeks the GMQS This cumulative 500 sq. ft. of commercial space is 1% of the total FAR of the Aspen Club Lodge, and is .9% of the total interior square footage of the lodge. This small commercial area is requested by the lodge for purposes of serving its customers and patrons with ski rental, tuning, and purchase of skis, ski boots and ski equipment, and rental of storage lockers for the same. In the summer months, the lodge anticipates providing outdoor recreational equipment such as mountain bikes, rollerblades, etc., for rent or sale. Standards. This commercial use request complies with the Standards applicable to conditional uses pursuant to section 7- 304, as follows: A. This conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and more particularly with the Aspen Area community Plan, because it provides incentive for lodges in the L/TR Zones to be maintained and restored because the limited commercial space allows them to provide services and products greatly in demand by their customers and patrons. B. This conditional use request is consistent and compatible with the character of the immediate vicinity of the Aspen Club Lodge, particularly given the adjacent Little Nell PUD which provides extensive commercial services for its patrons. c. The location, size, design and operating characteristics of the proposed conditional use minimize adverse affects, including visual impacts, impacts on pedestrian and vehicular circulation, parking trash, service delivery, noise vibrations and odor on the surrounding properties. As stated above, the proposed small commercial space is going to be below grade and will have extremely minimal impact upon the surrounding area because it will be primarily used by patrons, guests and customers of the Lodge so that most traffic will remain on the interior of the Lodge. D. There are adequate public facilities and services to serve the conditional use. E. The Applicant commits to mitigate the incremental need for increased employees deemed generated by this conditional use as set forth above. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area -4- ,""'" r"\, ~ ) Comprehensive Plan and by other applicable requirements of this Chapter. Respectfully submitted. McFLYNN & PICKET~, P.C. By: reinhotd\landuseaSpp -5- t ;':'W f ~"- I'~ . ~. 11 I ~l' , !1If .~ "I '. , 'If' 1:.; \" {.' . 't" . I. If. {' IIi' , . :9 -4= !:i.~ @ /~'" ~ n /f,b/'l(.oll_ I~( : I ~~N'T (~t-., I 1P"/!'t!'oli... '#1\'Pb . "Jl"Al~ No.tS UP If 'I ~ /.I1i:li.atl'6€ '--, ~ . - ~. 1; ---7 111:')( 6'P.IlP. 11lo!ttl:,"'jS:JI. fj~ t New, l'lt,;'flON "Je/:y!:- ,. 1 ~ . , =-.=_=1 ----===t . :OI'~;- Ii! If-t~L'CWiN~~ , Ne.f p~~.. I~~I"\IY\P $!lONN i" I . ~- ... / , , / , '- - , . ./ h~__\____"/' -..--------, ' 'I - -.- -. .. I I I ,". ;' ! ,-4 , i '~,-. '. "." ': . "..--.--.,.---..- ----.--.! -_. ---".. ...--..' .......--.-._. - . -"---,---:---- , , ' /'1AVIi'/M~' '-, ' M:'T.e-: p, 'I"Y.:S;:::/", ~r.f ff/l ;n.o/NE :41~' ,:7:"" ,',....If'] , ~;, Id'l'.trlt'. :'N. .," . "'A'~"",/~e.V.A-"~"'Jt,.....):1 ~.~T'\':' ;;.;,:}"J.,. '.:,.,:. /<c' (,;.} \:i::':;<~~;:: . rl"1~0.L.' It:.~Y:':':'<,: ;' II,... , ~~. ,'. O " , .. .' ....... .'.... . " 'l" : . ~ : . ,~ j ",. CONr~eNc:e. 1<7'1 90'. '2" . -(j'lI!xl"'I1lw,:, J ,. . ~ "~i: . . .:;;': ", ' .:r '. '. .!'. o ~tI'Ifr-IfjNI?f2'AIL- , ?Ir""e:j,/pe f'I'O{Il'EfI F'li 'Sf'I2lNI<I.l:lfO .. --- Uf'/otSlZ $pIlfI:~ '" fl"Oilf.'l! ,,- 1?te".<.lY~ gJl.,-1 H~. :>. ~t :.!:tljr ,,'...~ ' ('.r' .:~'t . ,,:~ ' ". ". . '~.;~:~f'" ...... 'lJ.' .,/;r,...I~.;J}.JJ<N1i ~~~"",' . ~l ~;;;tiM tlr"'TllATOIZ "'K 1+ , .:....;; l".P.w/GO-1 "'l.iv'l':l~ ,'~?1 JR/t/O, "'~l'I\ot"- j, .-, PLANNI~ ZONING COMMISSION EXHIBIT b , APPROVED 19 BY RESOLUTION MEMORANDUM , TO: Kim Johnson, Planning Office Tom Baker, Housing Office PROM: DATE: October 29, 1993 0: Aspen Club Lodge Text Amendment, GMQS Exemption and Conditional Use Review Parcel IO No. 2737-182-53-001 The applicant has come up with the correct figures for housing mitigation, which is as follows: 3.5 employeesj1,000 square feet; for the 500 square feet requested, the employee generation would be 1.75. Sixty percent of the 1.75 employees must be mitigated, or 1.05 employees. This employee would be classified as a Category 1 employee, therefore, the cash-in-lieu amount due would be $69,000 X 1. 05 employees = $72,450. The applicant has the option of providing cash-in-lieu for 1.05, Category ill employees, constructing a studio, low income affordable unit on site, or buying down another off-site unit. The Housing Board has established policies in the Affordable Housing Guidelines regarding mitigating affordable housing impacts. Their preference is as follows: 1. On-site housing; 2. Off~site housing, including buydown concept; 3. Cash-in-lieujland-in-lieu. Iclc:word\referr8l\8Cl~em \\ r", r", MEMORANDUM To: Kim Johnson~ Planning Office From: Chuck Roth, City Engineer e12-. Date: October 18, 1993 Re: Aspen Club Lodge Text Amendment, GMQS Exemption and Conditional Use Review Having reviewed the above referenced application, the Engineering Department has the following comments: 1. Parking - The proposed text amendment would resu1t'in ,a use that is actually less restrictive in parking demands than the current zoning. The LfTR zone requires 4 spaces per 1,000 square feet, whereas the requirements for the "C" related zones vary from 1.S to 3 spaces per 1,000 square feet. Therefore approval of the proposed text amendment would not result in a relative loss of required parking. The applicant offers to mitigate potential increased parking demand from the change of use from a ski storage space to a ski repair and tuning space by providing cash in lieu for two spaces. Therefore the possible increased parking demand has been mitigated. 2. Public services - As stated in the application, there are sufficient utilities and other public services that the proposed application does not represent a burden. 3. Summary - The Engineering Department has no concerns for the possible approval of tbe text amendment, GMQS Exemption, and Conditional, Use Review. cc: Bob Gish, Public Works Director ~1<).~.141 \1}- I ,~I I . ,.;:( , I · --....:.4. ! 0 l ~~- 'r:- ~ I t- If 01 , == ~ .J.~I I r- ".~... ~'l~~ " ." " I. "1"1 ~ _ ........._ E~l~ w. I;=_t vi:" !!! ~ ..".. c:=1 r- I \, !!! " ~ ~!i ~ ~. ..I.. ~ ~ '" ~ ~ ~.f-i"" I ~~.. 2" =!. ~~ It---"- - 'u'...". .. 2,1__"". -- lS_,.....",. r .., 'I: :J ,. r--- I..... ~ I ~'_ ::::::[111, \.-1 ' .J. '- ;I~:~ =;1 i ~, ~r-!i1t- :::jj I ; o.e II' ~ _ ~} ~ ~ i=' : no "F'~'''I''.. ~ ~ !M: t:::::' -'- _ .. I . t-. - ....; -/~ "..J'...J " P- t== t3:: , =' ~/ ~ N ---- ;;;"-'.. J: r-- ':;;.11 t--ii . ~ .. - -.::::::,~ ~ tT--1 <8 ;=; ~ , : ~~: 11' _."~" ~ ! tit.. '~'tr=-nr N s V L..:, ~ _ . ISOOS~ ~ .- NOCIMIY8 . i.~ ~f. !---1~, l ~"li~, ~~ I J. I~:::! ' :=:::Jt:$ Ia::- I .r. ! ~ i:::;:!::: ~ r '= If JL s ---- :as --- -" .- -- It=. ~ I --INI -~~-- == == - ---4--..;,. c::::J!r:u;;L ...,. -. ~ . ,,'.,) .. , '1:7' I.,,; , " ':, :'k~;' ':'_:: ~ ! ;;. '11'. L ,:fj ! r., ''%''i~~:; "M ~Of" ~ ",I; ,i i ...~~ . i"~' i ~ I " , .. S ~.. i J;~I "-l>l'" .~ . . ,--- to. o~ ;; 2 I '~ = -L . . I :; ...... \ \ , " f I I i= .... ---- - .. -r-~ : == 2 ~~: r- ~ ! . '~..., · (a: . ...., ........ 2 . -"'- "', ,-' ", .' ~ ;.. !.. .. ., ~ ~.........-.~ " ., - 0_ :>-' I (L- ~ - !f ~I 4r~ ) '-. J " " ~ ~~. (J ~t:::! ~ . " ~ N '-'-". \J '~" "',""" , ""'.::::. ,,'j-.-, ,....., PLANNIN~ ZONING COMMISSION EXHIBIT -.1:> ,APPROVED 19 BY RESOLUTION , ASPEN CLUB LODGE L/TR ZONE TEXT AMENDMENT FOR LIMITED COMMERCIAL USES The following are the review criteria for amendments to the land use regulations contained in Section 7-1102: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. RESPONSE: There are no apparent conflicts with the proposed amendment. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. RESPONSE: The only element of the AACP which relates to this proposed amendment is the policy statement in the Commercial/Retail Action Plan which states "Provide incentives to keep small lodge owners in operation." It was unclear in the AACP whether all lodging zones were contemplated. Staff is aware that lodges in the LP (Lodge Preservation) zone district are distinctly excluded from residential uses and therefore are at a disadvantage regarding alternate uses compared to lodges in the L/TR and CL zones. The AACP does not describe what constitutes a small lodge, and staff has not researched the numbers of smaller lodges in the L/TR zone. This amendment will perhaps offer limited economic flexibility for lodges of all sizes in the L/TR zone. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. RESPONSE: Planning staff believes that this change may have a negative effect to the L/TR zone by allowing small infiltrations of commercial use in a zone intended for lodge/hotel and residential uses. Adjoining CC (Commercial Core) and CL (Commercial Lodge) zones already provide for retail and tourist service uses. The proposed amendment does restrict the opportunity for commercial space only to lodges/hotels, but these could be located adjacent to more residentially oriented uses. The Conditional Use review process would have to be diligent in order to deny any inappropriate juxtapositions. Staff has been increasingly aware that the P&Z has been commenting on the diffic~lty of putting to use the weak criteria of Conditional Use review. D. The effect of the proposed amendment on traffic generation and road safety. RESPONSE: Any commercial activity will increase traffic generation. This would pose a difficulty in many sections of the L/TR zone because as a general observation, most properties are non-conforming due to parking and are already densely mixed with 1 ~~ r-. ,~ residential. As a Conditional Use, each proposal would review these impacts in detail. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical faciliti~s. RESPONSE: This criterium does not specifically apply, except that Conditional Use review would consider any impacts. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Again, Conditional Use review would be required for each RESPONSE: proposal. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. RESPONSE: This proposed amendment is stretching the boundaries of the L/TR zone towards commercialism. Planning staff is uncomfortable with this aspect of the amendment. The limited size of commercial area and the Conditional Use review required by the proposed amendment offers some protection against individual lodge operations becoming over-run by commercial space, but it is more difficult to protect surrounding neighborhoods. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. RESPONSE: The L/TR zone has not experienced any recent changes, nor has the Aspen Club Lodge which is sponsorinq the text amendment. The Lodge wishes to provide an expanded service level to the community and its guests. The neighborhood at the base of the mountain has changed somewhat due to the Gondola. Perhaps a study of these changes would reveal larger scope zoning issues and opportunities for the base area. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. RESPONSE: Public interest is not substantially impacted with this proposed text amendment. This is a definite departure from the original purpose of the L/TR zone. CONDITIONAL USE FOR LIMITED COMMERCIAL USE (PUBLIC SKI SHOP) 2 ~~ -., r", The Aspen Club Lodge seeks Conditional Use approval for the 499 s.f. for a ski shop pursuant to the accompanying text amendment for the L/TR zone. The review criteria for Conditional Uses are: 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: This proposed Conditional Use may only become valid if the proposed text amendment to the L/TR zone is adopted by Council. If so, the limited nature of the Conditional Use will meet one policy of the AACP to provide incentives for small lodges if one assumes that the AACP intended to affect the L/TR zone rather than the LP zone. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and RESPONSE: The 499 s. f. of commercial ski shop will be within walking distance to the gondola. It will add some convenience to the Aspen Club Lodge for its guests and a small amount of general public traffic. 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: Very limited impacts are anticipated from the proposal because of its basement location and small size. As half of space will be for 39 ski lockers, actual public patron counts will be rather small. Currently, the Aspen Club Lodge shuttles rental ski gear for their guests, and this may increase slightly if public patrons participate. The Lodge proposes to pay cash-in-lieu for 2 parking spaces (at $15,000 per space) based on the L/TR requirement of 4 spaces per 1,000 s. f. of net leasable. staff recommends this payment be required. 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 proposed Conditional Use does not affect public facilities to any measurable extent. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and RESPONSE: For the past season, the Lodge has been operating the 3 fttW ~ ,....." ski concierge service for is guests per an agreement with Zoning to allow this text amendment and Conditional Use application to be processed. Aside from the ski lockers and storage as specified on the recent building plans approved by Zoning, there should be no other ski-associated uses such as rentals or tuning (inc'luding pick-up and delivery for rentals and tuning to an off-premise location) . The application states that one or two persons worked in the space' last year. The proposed changes for pUblic commercial will not physically expand the area used for ski services. As the space was technically identified for storage only, Planning staff strongly recommends that affordable housing mitigation be required at this time per the formula provided in the land use code. This totals to 1.05 low income (Category 1) employees. Per the recommendation from the Housing Office, on-site housing is the first preference for mitigation, and Planning has included this as a recommended condition of approval. Prior to actual implementation of this or any other form of mitigation should be specifically approved by the Housing Board and/or city council (if housing units are proposed) as a GMQS Exemption for affordable housing. 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: This proposal complies with the AACP and the text amendment proposed for the L/TR zone district. GMQS EXEMPTION FOR NET LEASABLE EXPANSION LESS THAN 500 S.F. section 8-104 B.1.a. gives the Commission authority to grant GMQS Exemption for expansion of commercial net leasable area not to exceed 500 cumulative square feet. It must be demonstrated that minimal impact will occur upon the City. Impacts of additional employees, parking required, visual impact on the neighborhood, and demand on City'S public facilities shall be considered in the review process. Emplovee Generation: Please refer to the above discussion on affordable housing in the Conditional Use review section. Housing for 1.05 low income employees must be provided by the Lodge. parkinq: Based on L/TR zone parking requirements of 4 spaces per 1,000 s.f. of net leasable, parking generated by the 499 s.f. of new leasable square footage is 2 spaces. section 7-404 B. allows the commission to approve an in-lieu payment when it determines that parking spaces cannot physically be provided on site. The property is already non-conforming for parking. Available on-site parking is 41 spaces. For the 90 lodge rooms alone, 63 spaces would be required. The restaurant and bar area also increases this 4 ~\'\ r'\ .r'\, number to a moderate, undetermined degree. staff recommends that the Commission require the in-lieu amount for two parking spaces due to the existing parking non-conformity on the property. Visual and Public Facilities Impacts: There will be no visual impact resulting from this basement proposal. No added impacts are anticipated on public facilities as a result of this small commercial use. SPECIAL REVIEW FOR PARKING CASH-IN-LIEU: Approval of the payment- in-lieu shall be at the option of the Commission. In determining whether to accept the payment or whether to require that the parking be provided on-site, the Commission shall take into consideration the practical ability of the applicant to place parking on-site, whether the parking needs of the development have been adequately met on-site and whether the City has plans for a parking facility which would better meet the needs of the development and the community than would location of the parking on-site. Because of the already non-conforming situation at the Lodge and the inability to provide additional parking, Engineering and Planning staff recommend a requirement for a $30,000.00 in-lieu payment for two parking spaces. 5 ~~ r-. r-., ASPEN CLUB LODGE CONDITIONAL USE/GMQS EXEMPTION/SPECIAL,REVIEW The Planning Office recommends approval of the Aspen Club Lodge Conditional Use, GMQS Exemption for 499 s.f. of new net leasable commercial area, and Special Review for payment-in-lieu for two parking spaces with the following conditions: 1. All representations made by the applicant at the Planning commission and within the submitted application shall be adhered to and considered conditions of approval during development and operation of the net leasable area. 2. Prior to issuance of any building permits for this space, plans shall be reviewed for zoning compliance. 3. Payment of cash-in-lieu for two parking spaces shall be made to the City of Aspen Finance Office prior to the issuance of any building permits. Absent any required building permits, payment shall be made no later than November 19, 1993. 4. Prior to the operation of any activities other than ski lockers or ski storage for lodge guests (ie. ski rental or tuning related services for guest or pUblic), the applicant shall provide affordable housing mitigation for 1.05 Category 1 employees. Such mitigation method shall be approved by the Housing Board, and if necessary the Planning commission and city Council in the case of a new housing unit (GMQS Exemption). 5. If the approved commercial use for public lockers and retail space are changed to another commercial use, an amendment to the Conditional Use shall be required. RECOMMENDED MOTION: "I move to approve Conditional Use, GMQS Exemption, and Special Review for parking as proposed by the Aspen Club Lodge with the four conditions recommended by the Planning staff." 1 1""'\ ,~ MESSAGE DISPLAY TO Kim Johnson From: Diane Moore Postmark: Oct 15,93 1:28 PM Subject: Reply to a reply: Aspen Club Lodge Reply text: From Diane Moore: I had a conversation with Leslie on Wednesday and we both pretty much agree that we don't want to see L/TR opened up to commercial uses - I read the application and am not in agreement with what Marty is proposing. The L/TR zone distrist is large and we need to keep our commercial uses in the CC, CL, C-1 etc zone districts..look at the purpose of L/TR zone district...we should talk about this one. We can try and think of alternatives or frankly, the ski shop may have to search for another space. Preceding message: From Kim Johnson: ok. What did you conditional use? alternatives... I think about the proposed text amendment We should get together and go over any know you had concerns early on. and From Diane Moore: David Stapleton called me today regarding their pending application...he is interested as he owns a ski shop ...I will give him a copy of the application and then I am sure he will have some questions. FYI -------========x========------- ,....., ,-, ....... McFLYNN & PICKETT '" LAWYERS A PROFESSIONAL CORPORATION SIIOWMASS VIUA8E OFFICl: ANDERSON RANCH 5131 OWL CREEK ROAD SNOWMASS VILlAGE, COLORADO (Please Use Aspen Mall1ng Address) ASPEN OfFICE: THE SMITH. ELISHA HOUSE 320 WEST MAIN STREET ASPEN, COLORADO 5161' MARTHA C, PICKETT TIMOTHY McFL YNN' "ALSOAOMITTEDINCALlFClfINIA TELEPHONE (303) 925.2211 TELECOPIER (30a) 925.2442 TELEPHONE (303) 923-2211 TELECOPIEA (303) 923.3129 March 16, 1993 HAND DELIVERED ~~C::~ 1e,~~itn Planning Director Aspen/Pitkin Planning Office 130 S. Galena street Aspen, CO 81611 lil\ MAR'6QB RE: Aspen Club Lodqe: Code Interpretation Dear Suzanne: On behalf of the owner of the Aspen Club Lodge, and pursuant to a meeting with Leslie Lamont and Bill Dreuding on March 15, this letter is to request interpretation of Code section 5-214(B) (6) with regard to the ability of the Lodge to maintain "customary accessory commercial uses" in a portion of its basement area. As you may know, the Lodge has recently completed an extensive remodeling project. The approved building plans indicated that a portion of the basement area would be for ski storage and ski locker use only. Over the ski season, the owner acknowledges that the use in that area has evolved to provide services which are not allowed in the L/TR Zone. Because we must resolve this problem by March 19 in order to receive the certificate of Occupancy, we are requesting your assistance in determining the legality of the current ~ituation. The owner wishes to comply with the Land Use Code and has taken immediate steps to do so. However, there remains a question as to whether or not some limited guest services can be provided which will comply with the Code. Specifically, the owner would like to continue to provide a service to its gue$ts which would be a major amenity and convenience to guests who arrive and desire to have skis and ski equipment provided at the lodge for ski-in/ski- out convenience. In a $ki resort community such as Aspen, a ski lodge seeks to provide as many services and amenities to its guests as possible. Certainly, one of the primary ones is providing skis and ski equipment to guests so that they do not have to be bombarded with advertisements and logistical problems of going to ,-. ~ Suzanne Konchan March 16, 1993 Page 2 various ski stores to get this equipment rented, repaired and tuned as necessary during a visit. Therefore, the owner seeks your interpretation of the "customary accessory commercial use", which is a permitted use in the L/TR Zone, to determine that the Lodge can provide the following limited guest services: 1, When guests call Aspen Club Properties for reservations, or arrive for their visit, they may order custom skis and e~uipment from Aspen Club Properties, who will in turn c.ontrac;:t wi~h. ~spen Sports to provide the requested ':'>""""'~"'''')'''...}........,-,... -"",',.k;': -.... c.'_ .... ".0 "ue""",ll.,s ~~":1".;I:'I:f:.".luG.l" ~ f"'..i.,I." 'oj.L l,;.~ ,,"," -:{ ~ to.: . 2. Guests may store their skis and other ski equipment in the lockers provided. . 3. Aspen Club Properties employees may be on site to greet guests and accommodate them by providing their ski equipment to them in the mornings and taking their ski equipment from them for storage in the evenings, with any orders for tuning, repair, etc. The Aspen Club Properties employees will then coordinate with Aspen Sports to have either Aspen Club Properties employees or Aspen Sports employees deliver the ski equipment back and forth as necessary so that it is ready for the guests the next morning. All charges to guests for provision of the equipment and its repair or tuning, will be made by Aspen Club Proper- ties directly to its guests and Aspen Club Properties will contract independently with Aspen Sports to pay for these services. ' 4. 5. rr'r~ "_:('Jl::'n-l,~~ ,:rngi:6'~'t~~ :ttc;t th~ J:,~:tn~,ti~r" i,r'.' t;h:~ ,~~i,e~,~,rflg.p?-l,r~3' progressed. to a p'oint which became a noncompliance with the Code, At this point, there are a total of six. employees who have been providing this service on behalf of Aspen Sports and Aspen Club Properties whom we would like to maintain through the ski season. Also, the guests have relied upon this service being available when they arrive. Therefore, we would like very much to request your consideration to allow the limited uses described above .only until the close of the 1992-93 ski season, April 11. In order to fully resolve this dilemma, the owner will immediately seek a pre-application conference with Leslie for rezoning of the Lodge to Commercial Lodge Zone District, so that a small commercial area will legitimately be available in the basement specifically for on-site ski rentals, accompanied by I"'"". ,-., -..# Suzanne Konchan March 16, 1993 Page 3 limited retail services. However, because of the limited time remaining during the ski season, we appreciate your consideration of the above operational plan so that this amenity to guests be allowed to continue until April 11. The owner, as other owners of lodges in this city, is committed to providing premiere services to its guests and at this point, to provide absolutely no ski equipment service to the guests would be detrimental. We appreciate the city's continuing cooperation on this as well as other matters that have arisen with regard to the,Aspen Club Lodge. The owner is anxious to continue its cooperation with City. Please note that out of the $1.6 remodeling costs, more than half_of that-amo'unth.asbeer l}'jcurred bybr-in9'i?lg the p~ope'rtyup to various Code requirements. The owner has been very willing to meet these requirements and is certainly willing to meet the requirement on this zoning issue. However, beCause of the time restraint left in the skiing season, and the schedule for issuance of the CO, the owner respectfully requests your cooperation in this interpretation to allow the limited uses listed above. We look forward to working with you and will be happy to meet with you if you need additional background or information on what we are proposing in this operational plan. Best regards. Sincerely, McFLYNN & PICKETT, P.C. BY~ a . Pickett MCP:klm cc: Jed Caswall, Esq. Amy Margerum ,Leslie!~amont 1:',111 Dreudihg Jim Schpall Joy Sloan Ernie Frywald sunny Vann Wayne Stryker reinhold\konchan.ltt ., ,....." ,....., """-'_..~._..--~------_._-,-_.._, ~ rr~ r::'\ r;.:, ~ f~ ~:'-::J ~ I ir~~,,:;;, ',.'''-q! 1\" 1f\\' ): l : j i:Z.~:~_>~;:"' ;,' !"~ l! ,~1) 'I > ,)!) ,II Ii:? SEP24: I:, \,il\\, iiJJi :.w :W_._,____.".~__i,.p'/ 1 ,~Owu." 'qll AGE DmCE:-J ANDERSON RANCH 5131 OWL CREEK ROAD SNOWMASS VILLAG~. COLORADO (Pleas. Use Aspen Mailing Address) .' . McFLYNN & PICKETT LAwYERS A PROFESSIONAL CORPORATION ASPEN OFFICE: THE SMITH-ELISHA HOUSE 320 WEST MAIN STREET ASPEN, COLORADO 81611 MARTHA C, PICKETT TIMOTHY McFL YNN' "AL801l0'-lITTEOIN CAI.IFOANIA TELEPHONE (303) 925.2211 TELECOPIER (303) 925.2442 TELEPHONE (303) 923-221 1 TELECOPIER (303) 923.3129 September 22, 1993 VIA HAND DELIVERY j~? ,.,.,.- 10 " ,~ .".~~:r" , ' " ~,. I ' '>'j,,~<,,1 ,..1>" i,,#I,,, '.1" '.f" i .....,. j",it-:.,."p ~ ....'t"J ~~AI?' /, K VpJi'i:.N .,fL\r0V 'f,'\,C .(;'1\1"('" 1/'" r," ''V ~^f\' i-J v \ ,,;f {'. p_<J\~"''-'''' vtnt\IIJ'~ , Debby Dubord Kim Johnson Aspen/Pitkin Planning Office 130 South Galena street Aspen, Colorado 81611 RE: ASDen ClUb Lodae Land Use ADDlication Dear Debby and Kim: Please find enclosed the Application on behalf of the Aspen Club Lodge, seeking a text amendment to the L/TR zone, a GMQS exemption for 500 sq. ft. of commercial space, and approval of 500 sq. ft. of commercial space as a conditional use under the revised text. Please note that we would appreciate very much any efforts you can make to place this Application on the November 2 City Planning and Zoning Agenda, with the first reading before City Council to be held November 22 and second reading December 13. This would allow the Applicant to have the commercial space in operation early in the winter season, which is critical for its business. I believe that you will find the Application complete, but in the event you have any questions or have further requests, please call me immediately so that we can hopefully maintain this approval schedule as discussed with Kim in our pre-application meeting on September 16, 1993. Thank you for your cooperation. Sincerely, McFLYNN & PICKETT, P.C. By: MCP:ljn Enclosures 1""""\ 1""""\ CONTENTS 1. LAND USE APPLICATION 2. EXHIBIT "A": FLOOR PLAN OF SUBJECT AREA 3. CHECK IN THE AMOUNT OF $2189.00 FOR APPLICATION FEE 4. CONSENT BY OWNER 5. EXECUTED FEE AGREEMENT 6. COPY OF PRE-APPLICATION CONFERENCE SUMMARY WITH KIM JOHNSON 1) P.roject Name ATJ'1\CIIMFN-r 1 f-' IAND USE APPLICATIW FORM r", Aspen Club Lodqe/Code Amendment/~S 2) P.roject IDeation 709 E. Durant, Aspen, CO 81611 (inlicate street ad:b:ess, lot & block mnnber, legal description 'Where ~upLiate) 3) Present ~ L/TR 4) rot size 42.645 Sq. ft. 5) Applicant'S Name, AddI:ess & Ib:lne j/ Reinhold Aspen. Inc.. c/o McFlyrm & Pickett, P.C., 320 W. Main Street, Aspen, C0816ll 6) Representative's Name, AddI:ess & Ib:lne j/ Marty Pickett. McFlvnn & Pickett. PC, 320 West Main, Aspen, CO 925-2211 7) Type of Application (please dJeck an that aw!Y) : _ Spec;'., Review Final SPA _ Conceptual Historic Dev. Final Historic Dev. x Con:litional Use ~ Conceptual SPA 8040 Greenline _ Conceptual roo Minor Historic Dev. , _ stream Margin Final roo Historic DenDlition Mcunt:ain View Plane . Subdivision _ Historic Designation Con:ianini.umization, 2 TextjMap .A1oorDment _ rot SplitjIDt Line l\dj'(c,~tt ~ Allu~lL ~ ~ ExeDption 8) Description of Exi.stin:J Uses _ (J'IIlnh>r am ,t;ypeof exist:iDJ strucbIres; ~te sq. ft.; ro1lli'1<>1- of hih.U<.OJb; any pn!ITious aw=vals granted to the prqJerty) . The subject 500 sq. ft. in the Aspen Club Lodqe is currently used for quests' ski equipnent storaqe. 9) Description of Devel~rt; Application Request for Text Amendment to allow limited canrnercial space as a r.onditional use in L/TR zone; GMQS exemption for 500 sq. ft,. net leasable areal conditional use approval for limited carmerciiH use in Aspen Club Lodge. 10) Have you att.aciled the follarin;J? ~ Response to Att:admient 2, M:ininIIm Snhmi """ion eantents ~ Response to Att:admient 3, Specific Snhmi",-",iC1ll eantents ~ Respallse to Att:admient 4, Review standards f= Your Application '09/23193 14:02 ~303 925 6778 ASPEN CLUB LODGE 09/23/93 13:32 'a30S~2 2519 _ PORTOl'lNO GROUI'~ ~.;) Pspe'n ";21ub F'ropertiss:1-303-920-':lY:I':l :;,c.r:..t:. J,. [ .1"..19 I'IJ."":.......... 14J003 Il!I OO~ 1. ............. The underaiqne4. Aspen ReinhOld, InCl., lxlJ.n; 'tho /1016 own.t' gt: the property locat." at, 709 Z._t OUl'Al1t., known ..._ The Aspen Club Lodqe, hereby con. ants to the Illlb1l\ilUlion toe tha oity of A.p.n"l;>y KCFlynn . p1cXett, P.C., ~n application for ~ Code Text Amendment 'to allow 11ll\it.ed comnerdial lUll.. in th. 't./'1fA llIbn..., GKQS aJl:"'1I\P'tion for 500 aq. ft. ot ~~rci_l u.., and approval of a 500 sq. ft. commerci~ space .. a cond1t.ion_~ USQ. ' ~ec1J.ted ~s ~ dAY of. sClpta'mbor{ 1993. UINHOT.T'l ASPlW. INC. aYI r.lnhold\=ontOft~.Qoo '09/2l/93 14:01 ~303 925 6778 ASPEN CLUB LODGE _ 09/23/93 13: 32 . ~30~~ :519 _920_939~ORTOI'lNO G~O~'h:.: - ',j..) AspE!n Club PropertIes ' ,.1 303 " ! ( . vo I'lLl .Ul.U . '-' . . I4i 002 !;!JOOi r. . v..... ." .. ASPEN/PITKIN PLANNING OFFICE A.lrHmeiu fQr ~vment 2l..Qty of ,uueo JaIdopment App~ CITY'OF ASPEN (h~reinafte.r CITY) and Railfuold Aspen, .!r1C. (hereinafter APPLICANT) AGRBB..AS FOLLOWS: Os:. 1. APPUCANT has submitted ,to CITY an application for 10splln Club ~O:ide ~t/~ (ht:remattcr. nm PR01ECT). , 2. . APPLICANT undcr,tands ana agreea lbaL, City of Aspen 01'(tiDance No. 77 (Series of 1992) establishes a f~ structure for Planning Office applications and /.hi: payment of all processittg tees is a condition precedent to a determroation of application completeness. '. 3. APPUCANT and CITY agree that because ofebe size, nature or- scope of thl!! proposed 'project, it is not possjbl~ at this time to ascertain the fuIt extent of the costs. involved in processing the applieajion. APPLICANT and CITY further ailee. that it is in the interest of the parties to allow APPLICANT, to make payment of ~n initial deposit and to, thereafter pencil ~dditioDa1 costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he wiII be 'benc;fitcd by l'etainlng ,reater cash liquidity and will make additional .t'ayments upon notification by th~ Cfry when they are rleee.~slltr sa costs are Incurred. CITY agrees it wilrbe benefited tbrOu,gh the greatercertamty of recovering its fun co~ts to process APPLICANT'~ lI.pplicatioo/ , " 4. CITY and' APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Plannins. Commission andlor City Council to onablQ the .Plannmg Commlssion andlor City Council to make legally required findin:;s for project apPtoval. unless CUrr~At bi11h~5 an... paid in full pdor to decision. '09/.23./93 14: 02 '8'303 925 6778 ASPEN CLUB LODGE 09/23/93 13: 33 'C'30~32 2519 PORTOFINO GIWU.J:;-.. . -' Flsp~i1 :C!ub Properties ' 1:1-303-920-9399 SEe 12 "j l(;Ur NO .V;D IilI 004 IiID003 ["'.ut.!- ~ c. '. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its r~ht to eolli!'.Ct full fees prior 10 11 determination of applicll.uon completeness, APPL~CANTshal1 pay an initial deposit in the amount of L__ whi~h is for _ hours of PlamulIg Office 'tIme, and if actl.1a1 recorded costs exceed the initial deposit, A:PPUeANT shall pay additional monthly billings to CITY w reimburse the CiTY for the processing of the applic;ation mentiqned above, inclucUn,g post appt'oval review. Such perioc1io paymoll.te ~11 bQ m~o within 30 days,of ~e billing date~ APPLICANT further agree~ that failure to,pay such accrued. costs shall btJ gronnds for s\lspc:nsion of processing. CITY OF ASPEN APPLICANT FeinbOld !>.sperl, Inc. BYt\~~~ .. Mailing Address: c/o M::Flvnn &< Pioke~~, P.C. , 320 W. """in S,,'t'_t; Aspen, CO Sl611 By: ~ 1fJ~ Due Moore . City Planning Director Date: 9/.:!2/9;3 - :2 . , 'SEP 22 '93 10: 31AM CITY OF ASPEN I"'"", CITY OF ASPENr", PIm-APPLICATION CONFERENCE SUMMARY l?ROJECT~ L/tR rutlJ..,"~JA..4 ../h L,lHrf,.lCt7"mtreltt! (,(se APPLICANT f S REPRESENTATIVE: #"/ti) 1;: /td::Jf REPRESEN'l'A'l'IVE'S PHONE: z,z" II OWNER'S NAME: ~ ct..g,ut sUMMARY 1. Type of Applioation: rt/X/~rJ~) ~J t>le-tf (44j,lf~ 2. ", Describe action/type of development being requested: 4:tibw- ~1<Vt~ t;f It-- X a'tl~;"'" 1..11<) w;/ Y ~'~ ~ SDtJ;d ,~'y;r , . ~. -".' TI~ 3. Areas is Which Applicant has :been :requested to respond" t.ypes of :reports requested; P.1~//I~/q ::, ~..,.." ' . ' ct.J.. . ~ G-JI4~S ~X~f) .-_. Policy Areal Referra1 Ac;rent tfs&- ~ ' ~ Z;hi~1'1'7 cotflm.n~. - c(p&z th:n to cct:io/f ~ 6. Review is: (P&Z Only) (CC Only) PUblic Hearing: @ (NO) Number of oopies of the application to be submitted: S- What fee was applicant requested to Submit:~~ ~~) I g~ Anticipated ..teo' ."".i..ioo, EW~. COMMENTS/UNIQUE CONCERNS: L. E,It ? ~ f~ll-i<<~ 4. 5. 7. 8. 9. I' (fflUL,-~'~~ '-1.~. -A 2M/) I4L (NbV.2 rJ?) 0 (lSf II '-.. .' frm.pre app ~'/3 - A)t>v. Z ~ r". ~ PUBLIC NOTICE RE: CITY OF ASPEN TEXT AMENDMENT SECTION 5-214(C) (5) OF THE ASPEN LAND USE REGULATIONS NOTICE IS HEREBY GIVEN that a pUblic hearing will be held on Tuesday, Nov~mber 2, 1993, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning commission in the second floor meeting room, City Hall, 130 S. Galena street, Aspen, Colorado, to consider an application submitted by Reinhold Aspen, Inc., c/o McFlynn & Pickett, 320 W. Main street requesting approval of a Text Amendment to the L/TR Zone District. The applicant proposes to amend Section 5-215, L/TR zone, Conditional Uses to allow limited commercial uses within a lodge, with the total commercial space not to exceed five percent of the total FAR of the lodge or 2400 sq. ft., whichever is less. For further information, contact Kim Johnson at the Aspen Pitkin Planning Office, 130 s. Galena st., Aspen, CO. 920-5100. s/Bruce Kerr, Chairman Planning and Zoning commission --------------------------------------~--------------------------- ------------------------------------------------------------------ Published in the Aspen Times on October 15, 1993. City of Aspen Account. 5rrv ~~ (""\ ,-, PUBLIC NOTICE RE: ASPEN CLUB LODGE TEXT AMENDMENT, GMQS EXEMPTION AND CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a pUblic hearing will be held on Tuesday, November 2, 1993, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning commission in the second floor meeting room, City Hall, 130 S. Galena street, Aspen, Colorado, to consider an application submitted by Reinhold Aspen, Inc., c/o McFlynn & Pickett, 320 W. Main street requesting approval of a Text Amendment to the L/TR Zone District, Growth Management Quota system Exemption for 500 sq. ft. of additional commercial space and Conditional Use Review approval for 500 sq. ft of additional commercial space under the amended text for the Aspen Club Lodge. The applicant proposes to amend section 5-215, L/TR zone, Conditional Uses to allow limited commercial uses within a lodge, with the total commercial space not to exceed five percent of the total FAR of the lodge or 2400 sq. ft., whichever is less. For further information, contact Kim Johnson at the Aspen Pitkin Planning Office, 130 s. Galena st., Aspen, CO.' 920-5100. s/Bruce Kerr, Chairman Planning and Zoning commission ------------------------------------------------------------------ ------------------------------------------------------------------ Published in the Aspen Times on October 15, 1993. City of Aspen Account. = ~~~~