HomeMy WebLinkAboutLand Use Case.707 E Hyman Ave.0043.2004.ASLU--707 E Hyman Ave Conditional Use _
2737-182-27-001 Case 0043.2004.ASLU
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
131041 Deposit
131042 Flat Fee
131043 HPC
131046 Zoning and Sign
Referral Fees:
151163 City Engineer
251205 Environmental Health
237001 Housing
Building Fees:
211071 Board of Appeals
211072 Building Permit
211073 Electrical Permit
211074 Energy Code Review
211075 Mechanical Permit
211076 Plan Check
211077 Plumbing Permit
211078 Retnspection
211079 Aspen Fire
Other Fees:
111006 Copy
111165 Remp Fee
601303 GIS Fee
231480 Housing Cash in Lieu
111165 Open Space Cash in Lieu
Park Dedication
Parking Cash in Lieu
School District Land Ded.
Code Sales (Joint)
Contractor Licensing (Joint)
TOTAL `
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK#
CASE/PERMIT#: # OF COPIES:
DATE: 1` INITIAL:
Applicant:
Payee:
Type:
Permit Number
0043.2004.ASLU
Permit Receipt
RECEIPT NUMBER 11906
Date: 6/28/2004
HYMAN AVENUE HOLDINGS, LLC
July 2004
check #1175
Fee Description
Aspen Land Use App Fees 2004
Amount
1,310.00
Total: 1,310.00
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Conditions Sub Permits YAMbon Ptoc Comment
Man I Rogating Status Arch/Eng j Parcels Custom Fields 1 Feel 1 Fee Summary I Actions ( Routing History
Permit Type I""" __ Aspen Lartd Use 2004
Permit 11 10043,2004ASLU
Address
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Permit Information_
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Master Permit F _1
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Applied 7/06/2004
Paoject � �
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Approved F _`""""J
Description
CONDITIONAL USE
Issued 1 13
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Final F—
Submitted ISTAN CLAUSON ASSOC 9252323
Cbck Rurrrirry Days[ 0
Expires 07/01/2005
r- Visible on the web?
PwM ID: 31087
Owner
Last Name JHYMAN AVENUE HOLDIN
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Fog Naim �— 402 MIDLAND AVE
Phone 1(970) 379.3434
PEN CO
81611
Owner Is Applicant?
Applicant__ _ ._ _........ .... _.... ...... _ ..... ___.__. -.._._ _ .__ _.__... .....
Last Name I"' MAN AVENUE HOLDIN J First Name �- 402 MIDLAND AVE
PEN CO 81611
............._._..._ _...
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STAN CLAUSON ASSOCIATES, LLC
11 October 2004
Mr. James Lindt, Senior Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Planning • Urban Design
Landscape Architecture
Transportation Studies
Project Management
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 970.925.2323
FAx: 970.920.1628
E-MAIL: infoQscaplanning.com
WEB: www.scaplanning.com
Re: Withdrawal of Conditional Use Review for the Park Place Parking Lot
Dear James:
On behalf of Hyman Avenue Holdings, LLC, we are writing to withdraw the application
tendered on 25 June 2004 for conditional use approval for a commercial parking lot at
707 East Hyman Avenue.
Redevelopment of the former "Hannah Dustin" Office Building at 300 South Spring
Street has indicated to the applicant that there may be demand for accessory parking at
this location in the manner previously proposed as a commercial parking lot. Moreover,
City of Aspen staff has acknowledged that there is no requirement that accessory parking
attached to an office use must necessarily be reserved for the tenants of that office use.
Rather, staff has confirmed that it is a widespread practice for parking provided as
accessory to office and commercial development to be rented to those who are not tenants
of the development. It has been acknowledged that there is no code regulation
whatsoever regarding to whom accessory parking shall be rented or the rates at which
parking may be rented. The City of Aspen Land Use Code simply provides that a certain
number of parking spaces shall be provided as accessory to commercial development,
unless otherwise exempted by special approval.
It should also be noted that the Land Use Code does not specify a maximum amount of
parking that may be provided as accessory to a development. While there may be a
standard of reasonableness that applies, it is perfectly consistent with the land use code
that a developer might provide, say, 30 spaces of accessory parking in responding to a
parking requirement of 25 spaces. It is in this context that the owners of the office
building at 300 South Spring Street have chosen to provide 19 spaces of accessory
parking on their property. Based on the 5,175 sf of net leasable contained within the
structure, the calculated parking requirement would be 16 vehicles. Accessory parking
has been provided at this location for many years, and the redeveloped parking facility
with its associated landscaping is a considerable improvement over the former condition.
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
Mr. James Lindt, Senior Planner
City of Aspen
I I October 2004
Page Two
The applicant therefore believes that the parking area developed on the site meets all the
requirements of zoning, operational aspects of the accessory parking are not regulated by
the land use code, and the application for a commercial parking facility is withdrawn.
Very truly yours,
a
�
Stan Clauson, AICP, ASLA
STAN CLAUSON ASSOPCIATES, LLC
Cc: Peter Fornell
November 16, 2004 -
700 E. Hyman Condominium Owners' Association
C/o Herb Kline
Kline, Cote & Edwards, .P.C.
201 W. North Street, Ste. 203
Aspen, CO 81611 ASPEN/PrrKIN
COMMUNITY DEVELOPMENT DEPARTMENT
RE: 707 E. Hyman Commercial Parking Lot Complaint
Dear Herb:
I am writing this letter in response to the complaint filed by the 700 E. Hyman
Condominium Owner's Association, which I understand you represent, related to the
parking situation at the Hannah -Dustin Building located at 707 E. Hyman. The
Community Development Staff has reviewed the complaint that the owner' of the
Hannah -Dustin Building is operating a commercial parking lot on the vacant land just to
the east of the of the Hannah -Dusting Building without obtaining necessary City
approvals.
In researching the situation, Peter Fornell, a representative for the property owner has
confirmed that they have not leased out more than the sixteen (t6) off-street parking
spaces required on the site in conjunction with the development of .the Hannah -Dustin
Building. Additionally, Mr. Fornell indicated that they do not intend to lease out more
than the sixteen (16) required off-street parking spaces.
City of Aspen Land Use Code Section 26.515.020(E), Restrictions of use of off-street
parking areas, includes restrictions and prohibitions regulating the use of required off-
street parking. However, the above -referenced code section does not prohibit the leasing
of off-street parking spaces to the general public. Moreover, it is common practice
throughout town including the Office and Commercial Core Zone Districts. for property
owners to lease out required off-street parking spaces to people that do not have business
on the site of the parking spaces being leased.
Given the above discussion, Staff does not feel that 707 E. Hyman Avenue is in violation
of zoning'at this point in that they have not leased out parking spaces that are in excess of
their required off-street parking. It is Staff s opinion that leasing out parking that is in
excess of the required off-street parking would constitute a commercial parking facility
and would necessitate a conditional use approval in the Office Zone District. Therefore,
Staff is not taking enforcement action at this time because leasing required off-street
parking is not prohibited by the land use code. Staff will pay attention to the situation to
ensure that the owner does not lease out more than the sixteen (16) required -off-street
parking spaces.
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 : PHONE 970.920.5090 • FAx 970.920.5439
Printed on Recycled Paper '
If you have any questions regarding this matter, please feel free to call me at 920-5102.
Regards,
James Lindt
Planner
City of Aspen
cc: John Worcester, City Attorney
Sarah Oates, Zoning Officer
Nov-15-04 11:58 From -Weaver ° Smlth 9709256767 T-090 P 02/02 F-084
To: Herb Klein
From: Peter Fornell
Date: November 5, 2004
Re: Nov. 4letter
livered
o me
It is with some hesitation that 1 am responding to arkin our latest
lot at 707 I;eHym nt but since dated
November 4 regarding my use of the accessory p g
I'll push some your way. Once again, please refer any
you seem to enjoy pushing paper only
correspondence regarding this matter to me perssonnalllf Ji P ark Pla z inrtiativetained to
.son is
restore my legally obtained signatures in the matter
sh to reiterate
ur
In my response to your complaint of oor rkid here.ng r There fare notregulations on
re
position and the City,s position, which is on
accessory use parking.
First, you are mistaken regarding the parking mitigation at Hanalei g was actualn. The ly 2ding
was constructed in 1968. At that time the required accessory parking
spaces per 1000 sq. ft, of net leaseable. This lothas parked
aor the build ng. It is ane of 25 cars
day
for the past 20 years, far more than the minimumrequire
accessory use which has been establithe d for decades. Us
Second, I believe hat to legislate ers other than the Hannmyah
Dustin building have always parked parking would be
accessory use without reviewing all accessory uses for downtown p
illegal as well as cause a great deal of es pesure ohe city. If you,,xish to agenda � ill be megwiah a great
te every
accessory use parking lot in town, I'm yourpersonal
deal of resistance locally,
re ed
o the
your continued harassment is becoming discushed this with othan just er counsel and wte believe
quiet enjoyment of my Premises. I have of activity, don't force my hand. By
that there are legal methods for recourse of this typeI le to appeal of the
the way, I would think that you in gilt da pis your deadlinethe matter for a response to the court.
decision of the hearing officer si y
Sincerely,
Peter Fornell
cc. John Worcester
p,S. 1 find it interesting from your cover letter that only one of your clients even has a
local phone number.
Nov-15-04 11:58 From -Weaver ' Smlth 9709256767 T-090 P.01/02 F-084
To: Herb Klein
From: Peter Fornell
Date: November 2, 2004
Re: Klein letter dated Nov. 1, 2004
Dear Mr. Klein,
I am in receipt of your letter written to Mr. Johnson, my attorney, regarding our dispute
of the results of the hearing officer in the matter of my successful initiative petition to the
citizens of Aspen.
First as 1 know you are aware, Mr. Johnson was not a party to my discussions with
Planning and Zoning, and Community Development regarding my intended temporary
led y my
use with the lot adjacent to tCorrespondenceHannah
lrea related my use there shou. This was ld be referred to
planner, Mr. Stan Clauson.
me.
As was set to record in the minutes of those meetings, there is no set limit of total parking
which can be provided as an accessory use to a development in Aspen, only a required
minimum. The City acknowledges thateven these accessory uses hve been fte 'J'his includes the fact that the Citytbu lase
and use their spaces in any matter theyee fit
and leases space to the public right next door in the Bennedict Commons.
to further
If you think that you can persuade the City
Do remember that the City, as well as many other
your personal agenda, 1 wish you luck
owners in town are using aceenot be too quick to legislate dollarsbenefitssorY use parking to their financial lother
outOfthe their pockets. In
locations. City officials might
the meanwhile, I intend to continue to use the lot for tenants at Hannah Dustin and lease
any spaces unused by the building.
In short, I believe that this letter equates to nothing more than harassment to myself
personally and my partnership. Please consider this the only response you will receive on
my part with regard to this matter.
Sincerely,
2.1
Peter Fornell
co: John Worcester
Herb S. Klein, 03:44 PM 11/11/2004 , 707 E. Hyman Parking
To: "Herb S. Klein" <hsklein@rof.net>
From: James Lindt <jamesl@ci.aspen.co.us>
Subject: 707 E. Hyman Parking
Cc: johnw@ci.aspen.co.us, joycea@ci.aspen.co.us
Bcc:
Attached:
Hi Herb,
I just received your letter requesting enforcement related to the 707 E. Hyman parking, dated
November 4th. You mention in your letter that it has come to your attention that "HAH" is actively
advertising the parking lot as a commercial parking lot. In order to help the City follow-up on your
complaint, could you please provide us with your proof that "HAH" is actively advertising a
commercial parking lot or least identify how you became aware of their active advertisement?
Thanks,
James
Printed for James Lindt <jamesl@ci.aspen.co.us>
Herb Klein, 01:10 AM 1 1 /1 "004 , Re: 707 [--'.Hyman Parking
Page 1 of 2
From: "Herb Klein" <hsklein@rof.net>
To: "James Lindt" <jamesl@ci.aspen.co.us>
Cc: <johnw@ci.aspen.co.us>, <joycea@ci.aspen.co.us>
Subject: Re: 707 E. Hyman Parking
Date: Fri, 12 Nov 2004 01:10:55 -0700
X-Mailer: Microsoft Outlook Express 6.00.2900.2180
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X-Spam: [F=0.0004001198; B=0.500(0); HS=0.500(-9900); 5=0.010; MH=0.500(2004111109);
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hi james, i am having my office fax to you the ad that appeared in the paper. below is an email from
peter fornell sent to the aspen board of realtors email list.
From: aborrentals@memberclicks.com[mailto:aborrentals@memberclicks.com] On Behalf Of peter
fornell
Sent: Wednesday, October 13, 2004 2:46 PM
To: aborrentals@memberclicks.com
Subject: aborrentals: Parking for rent
Dear associates,
I have available parking for long and short term located at 707 E. Hyman Ave. 1 block from City
Market, 2 blocks to the gondola. Rates vary based on length of stay, COMMISSIONS OF 10%. Rent
parking for your most discriminating clients!!
Call Peter Fornell
379-3434
----- Original Message ----- From: "James Lindt" <jamesl@ci.aspen.co.us>
To: "Herb S. Klein" <hsklein@rof.net>
Cc: <johnw@ci.aspen.co.us>; <joycea@ci.aspen.co.us>
Sent: Thursday, November 11, 2004 3:44 PM
Subject: 707 E. Hyman Parking
Hi Herb,
I just received your letter requesting enforcement related to the 707 E. Hyman parking, dated
November 4th. You mention in your letter that it has come to your attention that "HAH" is actively
advertising the parking lot as a commercial parking lot. In order to help the City follow-up on your
complaint, could you please provide us with your proof that "HAH" is actively advertising a
commercial parking lot or least identify how you became aware of their active advertisement?
Thanks,
James
Printed for James Lindt <jamesl@ci.aspen.co.us> 11/12/2004
Herb Klein, 01:10 AM 11/1 � "'004 , Re: 707 E. Hyman Parking
Page 2 of 2
James Lindt
Aspen Community Development
920-5102
Printed for James Lindt <jamesl(a ci.aspen.co.us> 11/12/2004
Nov•12, 2004 1:26PM HERBERT S. KLEIN. P.C. No•6410 P. 1
Herbert S- Klein
Lance R. Cott
Joseph E. Edwards, III
Madhu B. Krlshnamurti
KLEIN, COTE & EDWARDS, F.C.
201 N. Mill St., 4203
Aspen, CO 81611
970-925-8700
970-925-3977 fax
LETTER OF FACSIMILE TRANSMISSION
DATE: November 12, 2004
FAX NO: 920-5439
TO: James Lindt
FROM: Sue Gardner for Herb Klein
RE: 707 E. Hyman Parking
Transmitting and/or Message:
James - Following are 2 pieces of evidence showing that HAH is actively advertising for
commercial parking. One is an ad that was in the Aspen Times on October 13", 2004 and the
other is an e-mail that was forwarded to Herb that shows Fornell's e-mail to the Aspen Board of
Realtors.
Number of Pages: 2 (plus one for this cover sheet)
if you do not receive all of the pages, please call us at 970-925-8700 as soon as
possible. If you are not the intended addressee of this document, we regret the
inconvenience caused you by its receipt. We ask that you telephone us, collect, to
make arrangement for its disposition. Because this dociuneot may contain privileged
or confidential information intended only for the addressee, we must request that you
take such steps as may be necessary to insure that this transmission is either
destroyed or returned to us at our expense_ Thank you for your assistance.
Nov.12. 2004 1:26PM HERBERT S. KLEIN, P.C.
No•6410 P, 2
Convenient, affordable public parking
1 block to City Market, 2 blocks to Gondola
Parking monthly, season, annual.
From $250./mo Call Peter Fornell 379-3434
Nov.12, 2004 1:26PM HERBERT S. KLEIN, P.C. No.6410 1 01
b
Herb S. Klein
From: 'Bert Myrin" <bert@myrin,com>
To: "Annette Daly" <DALYAPD@aol.com>; "Herb Klein" <hsklein@rof net>
Sent: Wednesday, October 13, 2004 3:06 PM
Subject: FW. aborrentals: Parking for rent
FYI - >From the Board of Realtors email list. Thank you. - Bert
From: aborrentafs@memberclicks.com[mailto:aborrentals@memberclicks.com] On Behalf Of peter fornell
Sent: Wednesday, October 13, 2004 2:46 PM
To: aborrentals@memberclicks.com
Subject: aborrentafs: Parking for rent
Dear associates,
I have available parking for long and short term located at 707 E. Hyman Ave. 1 block from City Market, 2 blocks
to the gondola. Rates vary based on length of stay, COMMISSIONS OF 10%. Rent parking for your most
discriminating clients!I
Call Peter Fornell
379-3434
10/13/2004
KLEIN, COTE & EDWARDS, r.C.
Attorneys at Law
HERBERT S. KLEIN hsklein@rof.net 201 NORTH MILL STREET
LANCE R. COTt' cote@rof.net SUITE 203
JOSEPH E. EDWARDS, III jody@vanion.com ASPEN, COLORADO 81611
MADHU B. KRISHNAMURTI madhu@rof.net Telephone (970) 925-8700
Facsimile (970) 925-3977
also admitted in California
November 4, 2004 ; 11
Via Hand Delivery 7
John Worcester, Esq. r
City of Aspen Attorney�rfr
130 S. Galena St. S O,E�
Aspen, CO 81611 Nov
Re: Park Place Commercial Parking Lot
Dear John:
I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the
"Association") concerning Hyman Avenue Holdings, LLC's ("HAH")) intended use of its property
near the corner of Spring St. and E. Hyman Avenue, in Aspen, for a commercial parking lot.
The 700 E. Hyman Condominiums are located directly across E. Hyman Avenue from the
proposed parking lot and the Association has serious concerns about the adverse impacts that this
use will have on the neighborhood and the property of its members.
HAH submitted a conditional use application to the City seeking approval for a 20 space
commercial parking lot. The property is in the Office zone district and such use is listed as a
conditional use. Section 26.710.180 C.5 of the City Code, which sets forth the Office (0) zone
district regulations, states with respect to a commercial parking lot as a conditional use as follows:
Commercial parking lot or parking structure that is independent of required off-street
parking, provided that it is not located abutting Main Street; (Emphasis added.)
The parcel involved consists of four townsite lots. These are included in the plat map for the
Hannah Dusting Building Condominiums, recorded in 1985. The parking lot is proposed for two of
these lots. No parking for the Hannah Dustin Building users was provided in the application and the
commercial parking lot use will render the Hannah Dustin Building a non -conforming use, without
any Code mandated parking. According to the applicant there is over 5000 square feet of net
leasable area for the Hannah Dustin Building. The Code requires 3 spaces for each 1000 square feet.
Thus, 16 spaces are required to support the Hannah Dustin Building use.
We raised objections to the application at the October 5, 2004, Aspen Planning and Zoning
Commission("PZ") hearing on the conditional use application for various reasons, including the
failure of the application to comply with the above stated Code requirements and its creation of a
non -conformity. During the hearing Comdev staff indicated that although it was correct that there
John Worcester, Esq.
City of Aspen Attorney
November 4, 2004
Page 2
needed to be parking available to support the Hannah Dustin Building, they did not have a
mechanism to enforce such a requirement and that the City did not restrict landlords from renting
parking spaces required under the zoning to support commercial properties to members of the
public. The PZ appeared troubled by this but due to the Vice -Presidential debate scheduled that
evening, the hearing was adjourned and continued to October 12", without further discussion of this
issue.
At the October 12, 2004, continued PZ hearing, Mr. Fornell, on behalf of HAH, withdrew the
application stating that he did not believe any City approval was necessary in order for HAH to
conduct this activity. It has come to our attention recently that subsequent to the hearing, HAH is
actively advertising for users of the commercial parking lot.
Since the Code is crystal clear as to its requirements and HAH is blatantly pursuing a use that
is in violation of the Code, we request that the City undertake immediate enforcement efforts to
prevent this use until all necessary City approvals are obtained. Prompt action is necessary since
leases for the spaces are being actively pursued by HAH and further delay will complicate the
enforcement efforts and perhaps make it necessary to join tenants in any such action.
I would appreciate your immediate attention to this matter and please notify me of your
intended course of action.
Very truly yours,
KLEIN, COTE & EDWARDS, P.C.
By:
Herbert S. Klein
Attachment
cc: Jim Johnson, Esq. w/o att. (via fax)
Clients w/o att. (via fax)
700 E Hyman condo assnlworcester-enforcitr.wpd
KLEIN, COTE & EDWARDS, P.C.
Attorneys at Law
HERBERT S. KLEIN hsklein@rof.net 201 NORTH MILL STREET
LANCE R. COTft • cote@rof.net SUITE 203
JOSEPH E. EDWARDS, III jody@vanion.com ASPEN, COLORADO 81611
MADHU B. KRISHNAMURTI madhu@rof.net Telephone (970) 925-8700
Facsimile (970) 925-3977
also admitted in California
November 1, 2004
UTYAnoRIrFrs oFFICc
Via Facsimile to 303-825-6525 << ���
James T. Johnson, Esq.
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 Seventeenth St., Suite 1600
Denver, CO 80202
Re: Park Place Commercial Parking Lot
Dear Jim:
I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the
"Association") concerning the your client's (Hyman Avenue Holdings, LLC ("HAH")) intended use
of its property near the corner of Spring St. and E. Hyman Avenue, in Aspen, for a commercial
parking lot.
The 700 E. Hyman Condominiums are located directly across E. Hyman Avenue from the
proposed parking lot and the Association has serious concerns about the adverse impacts that this
use will have on the neighborhood and the property of its members. At the October 12, 2004,
hearing of the Aspen Planning and Zoning Commission on your client's conditional use application
for the parking lot, Mr. Fornell withdrew the application stating that he did not believe any City
approval was necessary in order for HAH to conduct this activity. It has come to our attention
recently that subsequent to the hearing, HAH is actively advertising for users of the commercial
parking lot.
The purpose of this letter is to inform you that the Association will pursue all necessary
actions to prevent the commercial parking lot from use without its first obtaining all requisite City
land use code approvals and permits and will continue to oppose the granting of such approvals. We
demand that your client immediately cease and desist from operating the property as a commercial
parking lot and discontinue its advertising for the rental of spaces for this illegal and unapproved
use.
By putting you on notice of the Association's opposition and intention to pursue all legal
recourse available to prevent the use, you are advised that any leases or contracts entered into
pending resolution of this dispute may be subject to injunctive relief and voidable due to illegality,
by action of the City or the Association.
James T. Johnson, Esq.
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
November 1, 2004
Page 2
The City land use code is crystal clear that a commercial parking lot in the Office zone
district is a conditional use and requires approval from the City before such use can be made of your
client's property. Your client has blatantly disregarded the code's requirements and the Association
will be taking steps to enforce its rights in this regard.
I would appreciate your immediate notification of your client of our position. If you wish to
speak with me about this matter, please feel free to call.
Very truly yours,
KLEIN, COTE & EDWARDS, P.C.
By:
Herbert S. Klein
cc: client
John Worcester
700 E Hyman condo assn\johnson-estopltr.wpd
LAW OFFICES
FREILICH, MYLER, LEITNER & CARLISLE
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
IN KANSAS CITY, MISSOURI
IN ASPEN, COLORADO
1 O6 SOUTH MILL STREET
FREILICH, LEITNER & CARLISLE
ATTORNEYS AT LAW
SUITE 202
DAVID J. MYLER P.C.'
ATTORNEYS AT LAW
E. MICHAEL HOFFMAN, P.C.'
ASPEN, COLORADO 81611
ROBERT H. FREILICH, P.C.'"""
A WTTM w M
MARTIN L. LEITNER, P.C. '
FACSIMILE
RICHARD G. CARLISLE, P.C.'
S. MARK WHITE''
(970) 920 4259
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TELEPHONE
TYSON SMITH'
ELISA L. PASTER,'
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AUMITTFD IN Fp'.1(8', f.A'. NY', NC', FL'
ARE-fIRBb
October 12, 2004
Aspen Planning and Zoning Commission
c/o Joyce Algaier
130 S. Galena
Aspen, Colorado 81611
Re: Application of Hyman Avenue Holdings, LLC
for a Surface Parking Lot at 707 East Hyman (the "Application').
Ladies and Gentlemen:
Last week there was some confusion regarding the difference between the off-street parking Hyman
Avenue Holdings, LLC ("the Developer"), is required to supply in connection with the Hannah -
Dustin Building and its current request to use the property as a commercial parking lot. This
question is important because there is a substantial difference between parking associated with an
existing structure and use and that made available to the general public in exchange for a fee when
the parking is not associated with existing development. Parking supplied in connection with an
existing structure and use is part of the development accepted by the City when the project conforms
to existing zoning requirements and/or is approved in a land use review process. Parking is accepted
by adjacent land owners when they buy into the zoning district and/or participate in the land use
review process. A commercial parking lot, on the other hand, represents an invitation to the public
at large to come into the neighborhood to park their car or truck. Acceptance of this invitation
negatively impacts neighboring parcels through the creation of noise and air pollution, traffic
congestion and other effects. In some neighborhoods increased traffic flow might be seen as
beneficial, by creating more opportunity for commerce, but this is not true in a residential area such
as this one.
As stated by the Developer's representatives at the hearing, a total of 16 off-street parking spaces are
required in connection with the Hannah -Dustin Building. Developer's application here is to use just
three of the 19 proposed spaces for commercial purposes. Although this is presented to you as a
FRI;ILICH;-MYLER, LEITNER & .ISLE
Aspen Planning and Zoning Commission
October 12, 2004
Page 2
modest request, an approval would undermine the City's ability to reject the grander Park Place
proposal if it ever emerges from litigation or is resubmitted to the City for consideration. As
described at length in my letter to you of last week and in the first paragraph of this correspondence,
commercial use is incompatible with this neighborhood. Allowing a modest amount of commercial
parking to be developed on the 707 E. Hyman property would, in fact, represent a "Trojan horse,"
allowing a massive five -and -a -half story automated parking structure to emerge from three spaces
of 8 '/2 feet by 18 feet. Please do not allow this ploy to succeed.
While we admire this developer's persistence in advancing its concept for the development of this
site, that persistence cannot and does not transform an ill-advised use into one which is right for the
City, the neighborhood or the property. The developer should reconsider its plans for this site and
submit a new application which is consistent with the law and spirit of the Office zone district. As
evidenced by the many successful residential projects located in the area, profitable real estate
development is possible here within the constraints of existing governmental regulations and the
needs of the neighbors.
Sincerely,
FREILICH, MYLER, LEITNER & CARLISLE
E. Michael Hoffman
Iva co
MEMORANDUM
TO: Aspen Planning and Zoning Commission
,.-AA
THRU: Joyce Allgaier, Community Development Deputy Director
FROM: James Lindt, Planner7q,
RE: 707 E. Hyman Conditional Use for Commercial Parking Lot -Public Hearing
DATE: October 5, 2004
APPLICANT:
Hyman Avenue Holdings, LLC
LOCATION:
707 E. Hyman Avenue
ZONING:
Office Zone District
REVIEW PROCEDURE:
Conditional Use:
The Planning and Zoning Commission shall by
resolution approve, approve with conditions, or
deny a development application for a
conditional use, after reviewing a
recommendation by the Community
Development Director.
PROPOSED LAND USE:
Commercial Parking Lot
STAFF RECOMMENDATION:
Denial of Currently Proposed Parking
Configuration
Proposed Commercial
Parking'Lot
SUMMARY:
The Applicant has requested conditional use approval to make physical improvements and
operate a commercial parking lot on the vacant land located at 707 E. Hyman. The Applicant
previously proposed an automated commercial parking facility (formerly known as Park Place)
on the property that was to be housed within a four-story structure, which was denied by City
Council.
The A -frame structure that existed on the site has been demolished leaving a vacant parking area.
In order to operate a commercial parking lot on the site, the Applicant requires conditional use
approval. The Planning and Zoning Commission may approve, approve with conditions, or deny
the proposed request.
PROPOSED PHYSICAL IMPROVEMENTS TO SITE:
The Applicant is proposing to maintain the subject site as a washed gravel -parking surface taking
access off of East Hyman Avenue. In addition, the Applicant is proposing to provide several
street trees in the East Hyman Right -of -Way adjacent to the proposed parking lot and some
landscaping adjacent to the northwest corner of the facility in an effort to screen the parking from
the South Spring Street and East Hyman Right -of -Ways. Landscaping has been proposed along
the alley to screen the parking from the alley along with a chain fence on wrought iron posts that
would encompass the parking area.
STAFF COMMENTS:
USE:
The Aspen Area Community Plan (AACP) appears to contain objectives and goals that both
support and discourage approval of the proposed public parking use on this site. As was pointed
out in the review of the "Park Place" application, a statement exists in the AACP that suggests
that the supply of public parking within the Aspen Community Growth Boundary should be
limited to 1998 levels. The above statement appears not to support the addition of this public
parking.
On the other hand, the Economic Sustainability Report (a follow-up to the AACP) recommended
that the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring
public/private partnerships for certain projects and moving forward on others that have already
been approved". "These include: 1) The entrance to Aspen as approved in the CDOT Record of
Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect
for the four ski areas." The above statements from the Economic Sustainability Report appear to
support the addition of publicly available parking in an area that is relatively close to the gondola
and the commercial core as this site is.
Given that there are AACP objectives both supporting and discouraging the proposed public
parking lot use, normally a conditional use is reviewed based upon whether the negative impacts
of said use are sufficiently mitigated. That being the case, Staff feels that the proposed use is
appropriate provided that the negative impacts of the commercial parking is satisfactorily
mitigated. Thus, the remainder of the memo discusses the anticipated impacts of the proposed
use and an analysis as to whether the negative impacts are appropriately mitigated.
STAFF ANALYSIS:
Setting aside the above discussion about the appropriateness of the use, in reviewing the
proposed parking configuration and physical improvements, Staff feels that it would be more
appropriate for the Applicant to abandon the existing curb cut off of East Hyman and take access
to the parking facility from the alley. Staff believes that the current parking configuration may
cause queuing issues in East Hyman Avenue and feels that it would be less impactive on
vehicular circulation if they closed off the Hyman Avenue entrance and proposed access off the
alley. Staff also feels that bringing access from the alley would alleviate pedestrian/vehicular
conflicts with people walking along E. Hyman.
Staff feels that the Applicant could still provide the same number of proposed parking spaces and
create a more substantial landscape barrier along East Hyman Avenue if they were to simply flip
flop the vehicular entrance to the alley and move the hammerhead for backing up to the north
side of the property. The City Engineer also has endorsed closing off vehicular access to the site
from E. Hyman and requiring patrons to access the site from the alley. Thus, Staff would
recommend that the Applicant be required to flip the parking plan as described above.
Staff is also concerned about the proposed chain link fence in that the City of Aspen fence
regulations do not permit fences that are visible from the public right-of-way to be constructed
out of materials other than wood, stone, wrought iron, or masonry pursuant to Land Use Code
Section 26.575.050, Fences. The Applicant has made the argument that the fence would contain
wrought iron chain fence to meet the City fence regulations.
However, the City of Aspen Zoning Officer has interpreted that a wrought iron chain fence
conflicts with the intent of the fence material requirements in the land use code. Staff feels that
the intent of the code requirements for fence materials is to limit the allowable fence materials to
wood, stone, masonry, or a wrought iron post fence and not a chain fence. Chain fences have
traditionally been prohibited. That being the case, Staff would suggest that if the Planning and
Zoning Commission is inclined to approve the proposal that the Applicant be required to
construct a fence that complies with the City of Aspen fence regulations related to allowed
materials. This requirement has been included as a proposed condition of approval in the
attached resolution.
OPERATING CHARACTERISTICS:
As described in the application, the Applicant has proposed to provide both day rental and
monthly rental of parking spaces. Customers who would be renting the parking spaces either on
a monthly or daily basis would have the option of obtaining a pass card either by seeing the
manger of the adjacent Hannah -Dustin Building or obtaining a pass card through the mail. In
reviewing the impacts associated with administering the renting of spaces, Staff feels that
requiring a prospective parker to see the manager of the building next door could cause traffic
and parking problems in the right-of-ways surrounding the site while the prospective customer is
trying to obtain a pass card.
EMPLOYEE GENERATION:
As was described above, the commercial parking lot operation is proposed to be fully automated
with the exception that daily and monthly parking passes may be obtained from the manager of
the adjacent Hannah -Dustin building that is on the same property. Therefore, the Planning Staff
does not believe that there will be any employees generated by the proposed operation.
Additionally, the Aspen/Pitkin County Housing Authority Staff (please see housing referral
comments attached as part of Exhibit "C") has reviewed the request and concurs that no
employees will be generated by the proposed commercial parking lot operations. Staff is
recommending that no employee housing mitigation be required for the proposed commercial
parking lot as long as it operates as an automated facility as represented in the application.
IMPACTS:
In reviewing the impacts associated with this conditional use request, Staff believes that the
noise associated with 24-hour parking on a gravel surface could be disruptive to the neighboring
affordable housing development. Additionally, the windows of the neighboring Benedict
Commons Affordable Housing project are at such a level where SUV headlights would shine
directly into the windows of the neighboring property in the evening as can be seen in the photo
below:
Staff brought these concerns to the Applicant's attention and the Applicant responded by
proposing a landscaping hedge between the windows of Benedict Commons and the proposed
parking facility. In reviewing the Applicant's proposed solution to the headlight concern, Staff
believes that the proposed landscaping hedge will sufficiently screen headlights from shining
into the west -facing windows of the Benedict Commons Building as long as the landscaping
hedge is an evergreen or other species that will be full year-round.
SIDEWALK'
The City Engineer requires that a sidewalk be installed along E. Hyman in front of the subject
property to provide the missing sidewalk link between the corner of E. Hyman and S. Spring
Street and the sidewalk that exists in front of Benedict Commons to the west. However, the City
Engineer has recognized the Applicant's argument that this use is likely just an interim use on
this portion of the property until the site is either allowed to be developed with the "Park Place"
parking garage or until the Applicant pursues a different use for the site. Therefore, the City
Engineer has recommended that the Applicant not be required to develop the missing sidewalk
link in conjunction with this application because it would likely be severely damaged by
construction of either the "Park Place" parking garage, an expansion to the Hannah -Dustin
building, or another construction project on the site. Instead, the City Engineer has
recommended that the Applicant be required to sign a curb, gutter, and sidewalk agreement to
provide the missing sidewalk link as part of any new development on the site or within three (3)
years if another use for the site is not pursued. The above provision has been included as a
condition of approval in the attached resolution.
PM-10 Mitigation:
The Environmental Health Department believes that providing public commercial parking on
this site will encourage more people to drive by opening up more convenient parking
opportunities in town. That being the case, the Environmental Health Department has expressed
that the proposed conditional use will generate vehicular trips and PM-10 as a result of these
additional vehicular trips. The Environmental Health Department calculated that they expected a
total of about 49 additional vehicular trips per day to be generated by the proposal. Thus, it has
been recommended by the Environmental Health Department that the Applicant be required to
implement the following measures to mitigate for the additional PM-10 generation:
• Implement improvements to one bus stop along Main Street as suggested by the City of
Aspen Transportation Department.
• Construct a sidewalk in the E. Hyman Right -of -Way adjacent to the property as
previously discussed.
• Charge only daily parking rates rather than monthly parking rates.
• Provide cheaper parking rates for hybrid cars and carpoolers.
In contrast to the Environmental Health Department's view that the proposed commercial
parking lot will be a traffic generator, the Planning Staff believes that the commercial parking lot
will primarily accommodate the demand for parking that already exists and that the downtown
commercial businesses and residences create the traffic. Since there are different possible
ways to view this issue, if the Commission believes that the proposal is a significant traffic
generator, Staff would recommend that the Commission add a condition of approval to the
proposed resolution that requires the Applicant to implement the PM-10 mitigation
measures suggested above.
Given that the Planning Staff does not believe that the proposal is a significant traffic
generator in itself, Staff has not included the Environmental Health Department's
mitigation suggestions as a condition of approval. However, the Planning Staff does believe
that increased driving on the gravel surface could increase air pollutants by forcing
additional dust in the air. Therefore, the Planning Staff has included a condition of
approval in the proposed resolution requiring the Applicant to apply a dust suppressant
called calciumlignosulfanate once per year in the spring. Calciumlignosulfanate is an
environmentally -friendly dust suppressant that the City Streets Department uses on the
City's gravel alleys.
RECOMMENDATION:
Staff supported the "Park Place" parking garage application on this site in part because it
was felt that the parking garage provided significant community benefit by providing a
considerable number of parking spaces on the site without initiating considerable
anticipated negative impacts on the neighboring properties. In contrast, Staff does not
believe that this application will provide for a considerable amount of community benefit
given that there are only nineteen (19) total parking spaces proposed. Staff also feels that
the application would better mitigate the impacts if the existing curb cut off of East Hyman
was vacated and the Applicant used the alley for access as has been discussed throughout
the memorandum. That being the case, Staff does not believe that we can support the
application as proposed.
Therefore, if the Planning and Zoning Commission is inclined to approve the conditional
use, Staff recommends that the Applicant be required to vacate the curb cut on E. Hyman
and provide the vehicular entrance off of the alley.
RECOMMENDED MOTION: (ALL M IONS ARE WORDED IN THE AFFIRMATIVE)
"I move to approve Resolution No� Series of 2004, approving with conditions, a conditional
use to operate a commercial parking lot at 707 E. Hyman Avenue, Lots A-D, Block 105, City
and Townsite of Aspen."
ATTACHMENTS:
Exhibit "A"- Review Criteria and Staff Responses
Exhibit "B"- Application
Exhibit "C"- Referral Comments
Exhibit "D"- Letters from Public
RESOLUTION NO.
(SERIES OF 2004)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
APPROVING A CONDITIONAL USE TO OPERATE A COMMERCIAL PARKING LOT
AT 707 E. HYMAN, LOTS A-D, BLOCK 105, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel ID#2737-182-27-001
WHEREAS, the Community Development Department received an application from
Hyman Avenue Holdings, LLC, requesting approval of a conditional use to operate a
commercial parking lot at 707 E. Hyman Avenue; and,
WHEREAS, pursuant to Land Use Code Section 26.710.180, Office Zone District, the
Office Zone District allows for commercial parking lots as a conditional use; and,
WHEREAS, pursuant to Land Use Code Section 26.425, Conditional Use, the Aspen
Planning and Zoning Commission may approve, approve with conditions, or deny a conditional
use request during a duly noticed public hearing after considering comments from the general
public, a recommendation from the Community Development Director, and recommendations
from relevant referral agencies; and,
WHEREAS, the Community Development Department reviewed the application for a
conditional use and recommended denial; and,
WHEREAS, during a duly noticed public hearing on October 5, 2004, the Planning and
Zoning Commission approved, by a _ to _ (_--__) vote, a conditional use to operate a
commercial parking lot at 707 E. Hyman Avenue, with the conditions contained herein; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code as identified herein,
has reviewed and considered the recommendation of the Community Development Director, the
applicable referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all applicable development standards and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
conditional use request to operate a commercial parking lot at 707 E. Hyman Avenue, Lots A-D,
Block 105, City and Townsite of Aspen is hereby approved subject to the following conditions.
The fence proposed to encompass the parking lot shall meet the City of Aspen
Fence Regulations pursuant to Land Use Code Section 26.575.050, fences. No
chain fences shall be allowed.
2. Any new signage shall require a sign permit and shall meet the City of Aspen Sign
Regulations set forth in Land Use Code Section 26.510, Signs.
3. The Applicant shall provide collapsible bollards to close off the emergency access
to the site on the vehicular entrance that is located opposite from the primary
public entrance.
4. The Applicant shall sign a curb, gutter, and sidewalk agreement requiring the
Applicant to provide the missing sidewalk link along E. Hyman Avenue adjacent
to the property when any new structure development occurs on the site or within
three (3) years of the date of this approval if the commercial parking lot use is to
be maintained in perpetuity.
The Applicant shall provide a bear -proof trashcan within the confines of the
parking lot.
6. The Applicant shall apply a dust suppressant called Calciumlignosulfanate to the
parking lot surface every spring, as early as the weather permits, to minimize dust
pollutants.
7. A landscaping hedge as proposed by Applicant shall be installed on the
Applicant's property in front of the lower portion of the west facing windows of
Benedict Commons and shall be a species that maintains year-round full growth.
Section 2•
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Commission at its regular meeting on October 5, 2004.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
EXHIBIT A
707 E. HYMAN CONDITIONAL USE
REVIEW CRITERIA & STAFF FINDINGS
26.425.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the Planning and Zoning
Commission shall consider whether all of the following standards are met, as applicable.
A. The conditional use is consistent with the purposes, goals, objectives and standards
of the Aspen Area Community Plan, with the intent of the zone district in which it is
proposed to be located, and complies with all other applicable requirements of this
Title; and
Staff Finding
As was stated in the body of the Staff Memo, the request to provide additional public parking on
the site is supported by certain AACP goals and objectives and is discouraged by others. Please
see body of Staff Memorandum for citation of compliance with specific goals.
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
Staff Finding
Staff believes that the proposed use could be complementary to the nearby commercial and
offices uses, provided that the negative impacts of the proposal on traffic circulation are
mitigated. However, Staff does not believe that the currently proposed parking configuration is
appropriate and would recommend that the Applicant flip the parking plan to access the site from
the alley instead of E. Hyman. Staff believes this criterion to be met, provided that the parking
configuration is flipped as described above.
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
Staff Findinp,
Staff believes that the proposed parking configuration would have negative impacts on vehicular
circulation in the immediate vicinity and would recommend that the East Hyman curb cut be
vacated and access be provided from the alley. Additionally, Staff feels that moving the
proposed curb cut from E. Hyman to the alley could effectively eliminate possible
vehicular/pedestrian conflicts that occur between cars exiting the lot onto E. Hyman and
pedestrians emptying off the sidewalk that exists north of the neighboring Benedict Commons
development.
Staff also believes that proposed use may have adverse impacts on Benedict Commons in that we
anticipate considerable noise of cars driving on the gravel parking surface at night. Therefore,
Staff finds this criterion not to be met.
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
Staff Finding
Staff believes that there are adequate public facilities in the vicinity to serve the proposed use.
Staff finds this criterion to be met.
E. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use; and
Staff Finding
As was addressed previously in the memorandum, the commercial parking lot operation is
proposed to be fully automated with the exception that that day and monthly passes may be
obtained from the manger of the adjacent Hannah -Dustin building that is on the same property.
Therefore, the Planning Staff does not believe that there will be any employees generated by the
proposed operation. Additionally, the Aspen/Pitkin County Housing Authority Staff has
reviewed the request and concur that no employees will be generated by the proposed
commercial parking lot operations. Staff is recommending that no employee housing mitigation
be required for the proposed commercial parking lot as long as it operates as an automated
facility as has been represented in the application. Staff finds this criterion to be met.
STAN CLAUSON ASSOCIATES, LLC
Planning • Urban Design
Landscape Architecture
Transportation Studies
t CPVED Project Management
Mr. James Lindt, Planner
of Aspen AUGP. 7 D 4 200 EAST MAIN STREET
City P AUG ASPEN, COLORADO 81611
Community Development Department TELEPHONE: 970.925.2323
130 S. Galena Street A P' r,t FAx: 970.920.1628
Aspen, Colorado 81611 BUILDi►`vv b -Arx E-MAIL: infoQscaplanning.com
WEB: www.scaplanning.com
Re: 707 E. Hyman Conditional Use Application for Commercial Parking
Dear James:
This letter is in response to your e-mail requesting additional information regarding the
Conditional Use Application submitted by our office on behalf of the property at 707 E.
Hyman Avenue. Provided below are your questions and our responses:
1. Vehicle queuing issues and pedestrian/vehicle conflict associated with entry off E.
Hyman and only partial automation offacilities (day packers have to go into Hannah -
Dustin Building to get a parking pass and pay) (Staff would recommend flipping the
parking Configuration so emergency access is off of Hyman and main access is off of
alleyway as previously discussed.)
The applicant is not willing to give up the curb -cut access, which they believe is vital
to the successful use of the lot and any future redevelopment of the property. The
gate system has been modified to provide immediate entry. Exit would require a paid
ticket or pass. This would eliminate any queuing issues.
2. SUV headlights shining directly into the first floor windows at Benedict Commons (How
are you going to mitigate this?)
There are actually very few windows on the first floor of Benedict Commons at
headlight level. The ones that do exist would be screened by new plantings along the
property line.
3. PM-10 Mitigation (Looking for argument why the parking is not a trip generator as you
discussed at DRC or Applicant's consent to providing the PM-10 mitigation as suggested
by Environmental Health in DRC minutes that I previously sent you.)
A parking facility is simply not a trip generator. Trips are generated by actual
destinations or origins such as residential units, offices, and commercial facilities.
This is the basis for trip generation. It might be possible to argue that the provision
of additional parking may encourage the conversion of some transit trips to
automobile trips, but not accepted quantification exists for this hypothesis. It is clear
that cars are circulating our streets looking for parking. This phenomenon is a
pollution generator that would be relieved to some extent by providing limited
i�, PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
Mr. James Lindt
City of Aspen
18 August 2004
Page Two
additional parking in this area. PM10 would be mitigated by the nature of the gravel
surface and application of dust suppressants as required.
4. Dust Suppression methods- Staff believes additional dust will be created by increased
use of parking facilities (Staff would recommend using dust suppressant called Calcium
Lignosulfanate once per year in the spring, it is the treatment that the City uses on gravel
alleyways.)
The applicant will comply with these dust -suppression recommendations.
S. Fence Materials- Staff felt that using wrought iron chain did not meet the intent of the
acceptable fence materials in the code.
There is no statement of intent with respect to fence materials, so this remains open to
discussion and disagreement. However, I would discern that the intent of the fence
code is to provide an attractive separation of uses and functions through materials
that do not detract aesthetically from the surrounding area. A post and chain fence
certainly accomplishes this objective for a non -historic property. It represents a
design that has been used in many parks and private settings, and certainly cannot be
compared with, say, a chain -link fence that would not have the requisite aesthetic
qualities for the area. It certainly should be noted that there are many fences in the
area that have a significantly lower aesthetic component, and which may or may not
have obtained proper approval through the fence permit process.
I hope that this additional information is helpful in providing a staff response to the
application. Please let me know if I need to provide any additional information.
Very truly ours,
an Clad n, AICP, ASLA
STAN CLAUSON ASSOCIATES, LLC
Cc: Peter Fornell
7/21/04 DRC Minutes: Proposed E Hyman Parking Lot
The following are the comments of the City staff regarding the proposed 19-spot parking
lot at 707 E. Hyman:
Environmental Health: The parking lot may increase trips into town by making it more
convenient for people to drive into town. To offset pollution caused by increased vehicle
trips, Environmental Health recommends one or more of the following: (i) Implement
improvements to one bus stop along Main Street as suggested by the City of Aspen
Transportation Department (ii) the installation of sidewalk along the front of the property,
(iii) discount parking rates for carpoolers, and (iv) daily use rates -- instead of monthly
rates - - to lessen the obligation to drive everyday of the month instead of considering
mass transit or carpooling.
Fire: The Fire Department would like to see an emergency exit at the other end of the
primary parking lot entrance. This alternate exit can be blocked by collapsible bollards.
Parks: No comments.
Com-Dev: Major comments of Com-Dev include (i) the requirement that the fence
around the parking lot meet City code (ii) that that a barrier to headlights be placed
between the parking lot and the Benedict Commons windows, and (iii) that the parking
lot entrance be off of the alley instead of Hyman Street.
Engineering: (i) There is a need for a sidewalk across the property but the owner would
prefer to install sidewalk when the lot is re -developed. (The Applicant believes that the
commercial parking is an interim use.) The Engineering Dept will allow sidewalk
installation to be delayed if the owner commits to installing sidewalk within 3 years. (ii)
As part of the sidewalk installation, a root barrier must installed to prevent the trees from
eventually damaging the sidewalk. (iii) With regard to the street entrance to the parking
lot, the City Engineer supports the position of the planning staff that the entrance be
located off the alley.
To: James Lindt, Community Development Department
From: Jannette Whitcomb, City Environmental Health Department
Date: July 21, 2004
Re: 707 E. Hyman Conditional Use for a Commercial Parking Lot
The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of
the Municipal Code of the City of Aspen, and has the following comments.
AIR QUALITY: "It is the purpose [of the air quality section of the Municipal Code 13.08] to achieve the
maximum practical degree of air purity possible by requiring the use of all available practical methods and
techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations
(Chapter 26 of the Municipal Code) seek to "lessen congestion" and "avoid transportation demands that
cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants".
The land use code requires that Conditional use in lodge/tourist/residential zone district of a
commercial parking operation must include traffic management methods to reduce vehicular
congestion and improve air quality in the community.
The major air quality impact is the emissions resulting from the traffic generated by this project. PM-10
(83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The
traffic generated will also produce carbon monoxide and other emissions that are health concerns. The
municipal code requires developments to achieve the maximum practical degree of air purity by using all
available practical methods to reduce pollution.
As a commercial parking lot, located in town, it provides incentive for people to drive. The applicant targets
business owners and their employees that are having troubles finding a parking spot in town. The City of
Aspen provides an affordable parking garage and more importantly a Transportation Options program that
targets local businesses to encourage bus transportation and car-pooling for themselves and employees.
The applicant needs to implement measures that will minimize traffic increases of the development, or offset
the emissions from the project with PM10 reduction measures elsewhere. In order to do this, the applicant
needs to determine the traffic increases generated by the project (using standard ITE trip generation rates),
commit to a set of control measures, and show that the control measures offset the traffic or PM 10 produced
by the project.
Standards used for trips generated by new development are the trip generation rates and reductions from the
`Pitkin County Road Standards', which are based on the Institute of Transportation Engineers Trip
Generation Report, Fifth Edition.. However, for this type of use there was not an equivalent ITE study.
Staff calculated the actual trip generation numbers by looking at the Rio Grande parking garage trip numbers
and then multiplying that number by two. Staff made the assumption that a parking lot in the Commercial
Core will get more use then the Rio Grande parking garage. Staff determined this to being more realistic
then the ITE numbers for a park-n-ride (9.62 trips per space). The number staff used for this type of use was
2.6 per parking space.
Staff has calculated that this proposed development would generate 49 trips/day and 6.9 pounds of
PM10/day without any mitigation measures. Thus the size of this development will have a pernicious
(negative) effect on the air quality.
In order to mitigate for the expected PM-10 generation from the addition of 49 vehicular trips per day to
be generated by the proposed commercial parking lot, the Environmental Health Department would
recommend that the Applicant be required to enact the following mitigation measures:
1. Implement improvements to one bus stop along Main Street as suggested by the City of Aspen
Transportation Department.
2. Sidewalk construction and connection at the property will offset few trips but will provide a
pedestrian benefit.
3. Charging daily rates instead of monthly.
4. Cheaper rates for hybrid and carpoolers.
Reminders for other Environmental Health concerns:
TRASH STORAGE AREA: The applicant should make sure that the trash container is provided and is
compliant with the City of Aspen's Wildlife Protection Container Guidelines.
NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant
source of environmental pollution that represents a present and increasing threat to the public peace and to
the health, safety and welfare of the residents of the City of Aspen and it its visitors ...... Accordingly, it is
the policy of council to provide standards for permissible noise levels in various areas and manners and at
various times and to prohibit noise in excess of those levels."
During construction, noise cannot exceed maximum permissible sound level standards, and construction
cannot be done except between the hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction phase of this project will have some negative
impact on the neighborhood. The applicant should be aware of this and take measures to minimize the
predicted high noise levels.
MEMORANDUM
TO: James Lindt, Community Development
FROM: Cindy Christensen, Housing Office
DATE: August 2, 2004
RE: PARK PLACE PUD/707 E. HYMANA VENUE REFERRAL
707 E. Hyman; Parcel ID # 2737-182-27-001
ISSUE: The applicant is requesting approval to subdivide four lots and develop a parking lot on
Lots C and D.
BACKGROUND: The request is for an automated commercial parking lot that will be gate
controlled and would provide for monthly and daily paid parking for 19 vehicles.
An A -frame office structure had been currently on this site, but since has been demolished. The
proposed lot is to be unmanned, but the facility will have some support from the building manager
of the adjacent office buildings. Therefore, no additional employees would be needed for this
commercial parking lot.
RECOMMENDATION: Staff agrees with the assessment of the applicant that no additional
employee mitigation is required for this commercial, gate -controlled lot.
Mr. James Lindt
City of Aspen
Community Development Department
130 South Galena St.
Aspen, Co. 81611
Dear Sir,
My name is Robert Baum. I live at 704 E. Hyman Ave Aspen, Co. 81611. I am a
voting citizen of Aspen. I also live directly across from the office building and proposed
parking lot. When I bought my home here over 16 years ago, this area has always been a
residential and office area. The office building across the street is three stories tall and
has always housed many employees, and the lot provided parking for them. Now, the
new owner is trying to make a public parking facility out of a private parking area use
for the building only.
I am against a public parking facility in this area as it will cause a great deal of
traffic, noise, dirt, and noxious gas emissions. I have children and grandchildren the
freely walk these streets. I fear for their safety and health by increasing the traffic flow in
this family area. The town of Aspen has built a public garage at great bond expense to its
citizens that is only a few blocks from this area and is never full. I do not feel it is an
inconvenience for people to park in the garage and take the free public transportation to
the shopping area or walk the two blocks to town. This is supposed to be a healthy
athletic orientated town, what I see and feel is that a developer is attempting to
manipulate the system. I have seen many office building in communities and in suburbia
and the communities always require them to have a fixed number of parking spaces
available
according to the rental space. I am sure that this office building needs more than 19
spaces and can fill up this lot, which has always been its use, and not the streets of our
community.
This location for a parking use has been turned down by council. I think this is a
terrible trend to start in Aspen. That means every open lot can now be a parking lot. Do
we the citizens of Aspen want all our downtown open spaces turned into parking lots.
Isn't that why the community and council built the public parking facilities, put meters
on the streets to collect income and borrowed monies to clean up the downtown area
years ago? We are going backwards with this loose cannon proposal. I think we are.
I believe that long term parking should be studied by the community as a whole
objective and not by an individual developer.
Sincerely
Robert Baum
11 KLEIN, COTS & EDWARDS, P.C. 11
HERBERT S. KLEIN hsklein@rof.net
LANCE R. COTE' cote@rof.net
JOSEPH E. EDWARDS, III jody@vanion.com
MADHU B. KRISHNAMURTI madhu@rof.net
also admitted in California
Attorneys at Law
September 29, 2004
Via Hand Delivery
Planning and Zoning Commission, City of Aspen
c/o Mr. James Lindt, Planner
City of Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: Park Place Parking Lot Conditional Use Application.
Dear Honorable Members of the Planning Commission:
201 NORTH MILL STREET
SUITE 203
ASPEN, COLORADO 81611
Telephone (970) 925-8700
Facsimile (970)925-3977
I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the
"Association") concerning the Park Place Commercial Parking Lot application for a parking structure to
be near the corner of Spring St. and E. Hyman Avenue. The Association has serious concerns about the
adverse impacts that this project will have on the neighborhood and the City at large. The 700 E. Hyman
Condominiums are located directly across E. Hyman Avenue from the proposed parking lot.
The Association opposes this project for many reasons, all related to the unacceptable impacts it
will impose on the residential properties which surround it. Previously, the Applicant submitted a plan
for a parking structure on this site and both your commission and the City Council rejected that
application. Now the Applicant has returned with a conditional use application for a commercial parking
lot.
We wish to inform the Commission of the significant and incurable conflicts this parking lot will
create in its neighborhood.
Our primary concerns relate to one threshold issue and several other concerns:
I. Creation of a Non -conforming Use/Structure: The parcel involved consists of four townsite
lots. These are included in the plat map for the Hannah Dusting Building Condominiums, recorded in
1985. The parking lot is proposed for two of these lots. No parking for the Hannah Dustin Building users
is provided in the application and if approved, the Hannah Dustin Building will become a non-
conforming use, without any Code mandated parking. According to the Hannah Dusting Building Plat
map it appears that there is approximately 4467 feet of net leasable area for the Hannah Dustin Building.
The Code requires 3 spaces for each 1000 square feet. Thus, 13-14 spaces are required to support the
Hannah Dustin Building use. The present application is silent with respect to parking dedicated for the
Hannah Dustin Building.
Section 26.710.180 C.5 of the City Code, which sets forth the Office (0) zone district
regulations, indicates that a commercial parking lot is a conditional use and states as follows:
Planning Commission, City of Aspen
c/o Mr. James Lindt, Planner
September 29, 2004
Page 2 of 3
Commercial parking lot or parking structure that is independent of required off-street
parking, provided that it is not located abutting Main Strcet;
Thus, if fourteen -,races are required for the Hannah Dustin Building, the application must be amended to
seek only 6 spaces (out of the 20 requested) for public parking.
2. Precedent for Future Parking Structure Development. Although other requirements of the
Code would need to be met for an approval of the six story commercial parking structure that this
applicant desires to develop, it is clear that this application for the surface parking lot is intended to pave
the way for its realization. This effort to "get its nose under the tent" is not subtle. In fact, the applicant,
in resisting staffs request to modify the access from Hyman avenue to the alley, wrote: "The applicant is
not willing to give up the curb cut access, which they believe is vital to the successful use of the lot and
any future redevelopment of the property." See Stan Clauson response letter to James Lindt, date
stamped by Aspen Building Dept. 8/19/04. The Commission should not let the applicant further its grand
plan through piece -meal development.
3. Traffic and Pedestrian Impacts: Section 26.515.020 F of the Code states, with respect to off
street parking:
F. Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall
be graded to insure drainage does not create any flooding or water quality problems and
shall be provided with entrances and exits so as to minimize traffic congestion and traffic
hazards.
The historic use of the property as parking for adjacent office workers has not posed significant problems
for the neighborhood. Vehicle trips in and out followed normal business hours and there has not been
frequent turn -over during the day. However, opening up this property to public parking will create new
traffic impacts to this neighborhood. We are concerned with queuing since the lot is very small and it
appears that only one car at a time can enter or exit the parking spaces. Clearances are minimal at best
between the two rows of parking spaces shown on the site plan. In addition, conflicts with pedestrian use
of this portion of the block will be increased if the use of the property for a public parking facility is
allowed, especially during peak times.
4. Noise: We also have serious concerns about the noise generated from the project. The
applicant proposes that the surface be graveled. Cars driving and turning on gravel make much more
noise than if the surface was paved. A requirement that the lot be paved should be imposed. Further, a
requirement of limited operating hours would minimize the adverse noise impacts. Normal business
hours would be most consistent with the historic use of the property. The mechanized barrier will
certainly make noise, but no information on its operating characteristics is provided.
5. Air Pollution. The property is adjacent to two residential uses and across the street from
Planning Commission, City of Aspen
c/o Mr. James Lindt, Planner
September 29, 2004
Page 3 of 3
another. The additional vehicular activities on the property will increase air pollution in this
neighborhood. Cars may idle in the winter while they warm-up and without an attendant, there will be no
control of this. If the surface is gravel, additional PM10 will be generated that is harmful to health.
Shoe -horning a commercial parking lot in this primarily residential location, will result in adverse health
effects on its neighbors,
6. Aesthetics and Incompatibility with the Neighborhood: Compatibility with the neighborhood
is a criteria for approval of a conditional use. A public parking facility in this primarily residential
neighborhood is simply not compatible. Traffic, noise, air pollution, traffic impacts, etc. will be new
impacts that will be clearly adverse to the project's neighbors.
7. Minimization of Adverse Impacts. Another conditional use criteria is that "the location, size,
design and operating characteristics of the proposed conditional use minimizes adverse effects, including
visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise,
vibrations and odor on surrounding properties." The application does not satisfactorily address these
adverse impacts. An untended 24/7 public parking lot with a mechanized barrier on a graveled surface is
all that is proposed. Furthermore, the lights of vehicles exiting the parking lut will shine directly into the
windows of the 700 E. Hyman Avenue Condominiums, which have their bedrooms on ground level
facing the street. There is no effective way to screen these high intensity light sources.
While we agree that people need a place to park their cars, this proposal is simply not compatible
with the other uses on the block. Ironically, this development proposal perpetuates the current reality
that the highest and best use for downtown property is parking. We believe that the applicant should suck
to develop this property in a manner that is consistent with the Office zone district and stop coming in for
approvals that require conditional use approvals, pud's and other variations. The proposed use is not one
that is worthy of special concessions from the community.
We appreciate your consideration of our concerns and thank you for your time in reviewing this
letter. I anticipate further comment at the hearing on this matter.
Very truly yours,
KLEIN, COTE & EDWAR, P.C.
By: ✓
Herbert S_ Klein
700 E Hyman condo assn\PZ-Itr-9-29-04.wpd
DALYAPD@aol.com, 10:41 1 9/28/2004 , Proposed Commercial . .ng Lot at 707 E... Page 1 of 1
From: DALYAPD@aol.com
Date: Tue, 28 Sep 2004 12:40:31 EDT
Subject: Proposed Commercial Parking Lot at 707 E. Hyman Ave.
To: JAMESL@ci.aspen.co.us
X-Mailer: AOL 5.0 for Mac sub 28
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Mr. James Lindt
Planner II
Planning & Zoing Dept
City of Aspen
Dear Mr. Lindt and Honorable Members of the Planning Department
I'm writing this letter to express my concerns regarding this proposed
commercial parking lot. There is no question that the neighborhood will be
negatively impacted. The introduction of a commercial parking lot to Hyman Avenue
will bring with it many problems; pollution, noise, lights (24/7 operation) to
name a few. As a matter of
fact autos exiting the lot will have their headlights shining directly into
the residences
across the street and Benedict Commons. The list of problems could be
extended, but
most significant is that the nature of the neighborhood would begin to change.
The necessary approvals would require ad -hoc zoning changes that would
degrade the
character of the neighborhood. If one embarks on this slippery slope, it
could be a
stepping stone for the condominium garage at this site, which has already
been turned down by the Planning & Zoning Commission and the Aspen City Council.
I am concerned that the parking lot proposal is just an attempt to go around
P & Z and the City Council
and reintroduce the twice rejected condominium proposal, Park Place.
I am concerned that the parking lot proposal is not an end in itself. I urge
you to reject
this proposal.
Sincerely,
Frank X. Daly
706 E. Hyman
Aspen, Co. 81611
Pleae copy and distribute to necessary Planning and Zoning members.
Printed for James Lindt <jamesl(a__),ci.aspen.co.us> 9/28/2004
DRW INVESTMENTS
September 27, 2004
Mr. James Lindt
Aspen Community Development Dept.
130 South Galena Street
Aspen, Colorado 81611
Dear Mr. Lindt:
My wife, Victoria, and I reside at 710 East Hyman Avenue, as of May, 2004. We are writing
to express our concern about the continuing plans for the development of the vacant lot
directly across the street from us. Unfortunately we will be out of town for the public
hearings so will not be able to express our concerns at that time.
When we were selecting our Aspen residence location, we were gratified to learn that the
proposed automated parking garage slated for the lot directly across from us had been
rejected by the Planning and Zoning Commission. We were impressed with the City of
Aspen's leadership and its leaders' respect for the individual property owner and for the
quality of life in town. We are, therefore, dismayed to now learn that the developer
continues to plan an onerous use of the lot by proposing a surface parking operation, and
that the City has allowed this proposal to progress through the consideration process.
This development's increased traffic, alone, will create an undue burden on our street and
therefore make this type of land use inconsistent with a residential neighborhood. Further,
we assume that it was for this reason that the original permit was denied. It is our opinion
that approving this surface parking activity may have the effect of laying the groundwork for
the developer's earlier, and more ambitious, plan of an automated parking operation.
— 2 — September 27, 2004
We would appreciate your conveying to the Planning and Zoning Commission our strident
opposition to this new project and trust that its members will continue to respect and
understand the needs of Aspen residents by helping us preserve the tranquility of our
neighborhood and maintaining our property values.
Sincerely yours,
David Ross Wilson
710 EAST HYMAN • ASPEN COLORADO 81611
970-925-2703 VICTORIA®KTC.COM
Michael Gorge, 09:08 AM 9 ?004 , FW: Proposed Hyman Parking
Page 1 of 1
From: "Michael Gorge" <mgorge@atmfcorp.com>
To: <JamesL@ci.aspen.co.us>
Subject: FW: Proposed Hyman Parking Lot
Date: Thu, 30 Sep 2004 11:08:49 -0400
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From: Michael Gorge [ ma i Ito: mgorge@atmfcorp.com]
Sent: Thursday, September 30, 2004 11:01 AM
To: 'JamesL@ci.aspen.co..us'
Cc: 'victoria@ktc.com'; 'hsklein@rof.net'
Subject: Proposed Hyman Parking Lot
Mr. Lindt,
I am an Aspen property owner currently living at 131 Midland Ave. and with the intention of moving to East
Hyman. East Hyman is an oasis created by a stub of a street dead -ending both to the east and to the west. The
area east of Spring Street is almost entirely residential.
Hopefully it's not too late to write a letter in opposition to the proposed commercial parking lot.
Its operation will be a terrible nuisance, with respect to noise and ambient light, to the surrounding residential
neighborhood. It will exacerbate already taxed traffic movement at the Hyman Avenue and Spring Street
intersection. As I understand it, the proposed parking lot will be unattended. This will place the burden to
supervise it primarily on the neighbors and secondly on our public safety departments. In addition to the obvious
determent to the immediate neighborhood, a commercial parking lot seems contrary to the long term goals of an
environmentally and pedestrian friendly community.
I'm not familiar with the uses permitted in this zone, but it seems to me that commercial parking as opposed to
parking ancillary to a development was never intended. Prudent planning considerations should certainly prohibit
it. To the extent that the Planning Department or City Council has the authority to deny this application I would
advocate them doing so.
The application is certainly suspect on its face, because we all know that Aspen land is too valuable to remain
underutilized. Which begs the question, what is the applicant's long term plan and will an approval of this
application improve his legal standing to obtain a subsequent more intense parking use.
Michael D. Gorge
248-540-7600(T)
248-540-7610 (F)
mgorge@atmfcorp.com
file://C:\DOCUME— 1 \jamesl\LOCALS 1 \Temp\eudF.htm 9/30/2004
LAW OFFICES
FREILICH, MYLER, LEITNER & CARLISLE
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
IN ASPEN COLORADO
106 SOUTH MILL STREET
ATTORNEYS AT LAW
SUITE 202
DAVM J. MYLER, P.C. '
E. MICHAEL HOFFMAN, P.C. '
ASPEN, COLORADo 816 l l
A I_Wwco.
FACSIMILE
(970) 920-4259
TELEPHONE
(970)920-1018
October 5, 2004
Aspen Planning and Zoning Commission
c/o Joyce Algaier
130 S. Galena
Aspen, Colorado 81611
Re: Application of Hyman Avenue Holdings, LLC
for a Surface Parking Lot at 707 East Hyman (the "Application")
Ladies and Gentlemen:
IN KANSAS CITY, MISSOURI
FREELim, LEITNER & CARLISLE
ATTORNEYS AT LAW
ROBERT H. FRETUCH, P.C. -A
MARTIN L. LEITNER, P.C.'
RICHARD G. CARLISLE, P.C.
S. MARK WHITE =
ROBIN A. KRAMER'A4
TYSON SMITH"
JASON M. DTVELBISS'
A WM M w MY. CA'. NV. NC' fl.'
Exactly a year ago I first met with you on behalf of the Bell Mountain Residences
Condominium Association (the "Association") regarding the application of Hyman Avenue
Holdings, LLC ("the Developer") for a five and a half story parking garage to be located on property
located immediately to the south of, and across the alley from, the Bell Mountain project. The
Association opposed that project primarily because of the rear -yard setback and height variances
sought by the Developer, but also because the Association believed a parking garage was an
inappropriate use in the neighborhood. The noise, air pollution, traffic congestion and negative
visual impacts of commercial parking are all incompatible with a residential neighborhood. And
this neighborhood is primarily residential, notwithstanding the fact that two thirty-year old
commercial buildings still exist on the block.
1. City Council Rejected Parking Use on this Site.
When they voted against the Park Place application in December of last year, the members
of the Aspen City Council agreed that parking use in this neighborhood was inappropriate. A
majority of the Council found that it was unfair to saddle particular areas of town with parking
facilities while other areas were kept free of such facilities. If additional commercial parking is
needed, the City should give some meaningful thought as to its placement, according to Council.
They said that commercial parking facilities should be located where they can best address existing
and projected traffic flows and in a manner which preserves the character of the City as a whole as
FREILICH, MYLER, LEITNER & CA.,,JSLE
Aspen Planning and Zoning Commission
October 5, 2004
Page 2
well as individual neighborhoods. In short, Council rejected the Park Place application, in part,
because no master planning had been completed to address the impacts of commercial parking on
the City.
The City still has not given any meaningful thought to where commercial parking facilities
should be developed. And now the Developer is back with an "interim" plan for the use of its
property as a commercial parking facility. The Association agrees with the 700 East Hyman
Condominium Owners' Association (the "700 E. Hyman Association") that the current application
is simply an attempt by the Developer to acquire some of the approvals it was unsuccessful in
gaining last year while its primary application is tied up in court. Chief among the approvals sought
is acknowledgment by the City that commercial parking use is appropriate for this site. City Council
did not find this to be true and we urge you to reject commercial parking use as incompatible with
the neighborhood. (See Aspen Land Use Code ("Code"), §§ 26.425.040(A) and (B).)
There is no extraordinary need for additional parking which is generated from within this
neighborhood, other than demand which may arise from the Developer's own property. (The
Association agrees with the 700 E. Hyman Association that most of the parking spaces proposed for
this surface lot must be dedicated to the needs of the Hannah -Dustin Building, as required by the
Code.) Demand for parking is a city-wide issue, not one which is related to this area of town. It is
unfair and unwise to require this neighborhood to assume a disproportionate share of the parking
burden when no master planning has been carried out.
2. Proposal Does Not Adequately Mitigate Adverse Impacts on Surrounding Properties.
We agree with staff that this proposal does not adequately address the negative impacts of
a commercial parking facility located within a residential neighborhood.
A. Allpy Congestion Warrants Further StudL at a Minimum.
The Association was surprised to learn that staff has recommended that the alley behind the
Bell Mountain project be used to access the proposed surface parking lot. The Association opposes
this suggestion. This particular alley is already heavily used by retail shops (Domino's Pizza,
Johnnie McGuire's), the Benedict Commons project, the Bell Mountain project and the affordable
housing units associated with Bell Mountain. Requiring parking lot patrons to use the alley, when
access would be from Original Street, will create congestion and unsafe conditions for the other
users. This alternative should be rejected. At a minimum, a traffic study should be completed which
allows the City to understand the impact of this suggestion on an already busy corridor.
FREILICH, MYLER, LEITNER & C_ __ _ISLE
Aspen Planning and Zoning Commission
October 5, 2004
Page 3
B. Noise and Air Pollution Could Substantially Affect Residents' Quali1y of Life.
The Developer plans a washed gravel surface for the parking lot. Staff correctly points out
that driving on a rough surface like the one proposed here will cause "considerable noise" and "could
increase air pollutants by forcing additional dust in the air." The risk of increases in PM,o emissions
may be eliminated, suggests staff, only by spraying Calcium lignosulfanate on the lot "one per year
in the spring." Staff reports that "Calcium lignosulfonate is an environmentally -friendly dust
suppressant" used by the City's Streets Department. It wasn't too long ago that the City used
Magnesium chloride for this purpose, and it was eventually rejected because heavy metals somehow
accompanied the suppressant into the air and water of the City. For reasons of noise and air
pollution, a gravel parking lot should not be approved in this location. If the lot is approved, it must
be paved.
C. 24/7 Operations Should Not Be Permitted.
Residential properties surround this site on three sides. Use of the property should not be
permitted after 9:00 p.m. or earlier than 7:00 a.m. Use late at night or early in the morning is
incompatible with the neighborhood.
3. Commercial Parking Use Should Not Extend Into the Setback.
The Code defines a setback as "an area ... which shall be unoccupied and unobstructed from
the ground upward, excepting trees, vegetation, and/or fences, or other structures or projections as
allowed." The Association understands that for residential projects parking is sometimes allowed
within the setback. That should not be true for commercial parking facilities. The rear yard setback
requirement in the Office zone district is 15 feet. No commercial parking should be allowed within
this area.
Sincerely,
FREILICH, MYLER, LEM- ER & CARLISLE
E. Michael Hoffman
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ' ava��, Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 200
STATE OF COLORADO )
ss.
County of Pitkin )
(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
)��Publication of'notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches (,vide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described (ays
Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) prior to
the public hearing, notice was hand delivered or mailed by first class tostage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and. enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on si
The foregoing "Affidavit of Notice" was acknowledged before me is� day
of ,�i T , 200q, by
tember 4, It, 16, LJ, :W4. t1e )
PUBLIC NOTICE
RE: 707 E. HYMAN CONDITIONAL USE FOR COW
M£RCIAL PARKING LOT
NOTICE Ic HEREBY GIVEN that a public
hearing will b, held on Tuesday, October 5, 2004
at a meeting to begin at 4:30 p.m. before the As-
pen Planning and Zoning Commission, Sister Cit-
ies Room, City Hall, 130 S. Galena St., Aspen, to
consider an application submitted by Hyman
Avenue Holdings, LL.0 requesting conditional use
approval to operate a commercial parking lot at
707 E. Hyman Avenue. The property is common-
ly known as 707 E. Hyman Ave. and is legally de-
scribed as Lots C-D, Block 105, of the City and
Townsite of Aspen.
For further information, contact James Lindt at
the City of Aspen Community Development De-
partment, 130 S. Galena St., Aspen, CO, (970) 920-
5102, jamesl®ci.aspen.co.us.
s/Jasmine Tygre, Chair
Aspen Nanning and Zoning Commission
Published in The Aspen Times on September 4,
2004.(1874)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
ATTA..___._�._
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 707 East Hyman , Aspen, CO
SCHEDULED PUBLIC HEARING DATE: 5 October 92004
STATE OF COLORADO )
) ss.
County of Pitkin )
I, F. L. (Stan) Clauson (name, please print) being or representing an
Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied
with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use
Code in the following manner:
X Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
X Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the 3 day of
September, 2004, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
X Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Sign r
The foregoing "Affidavit of Notice" was acknowledged before me this _ day
of , 200_, by
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICA TION
PHOTOGRAPH OF THE POSTED NOTICE (SIGA9
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
PUBLIC NOTICE
RE: 707 E. HYMAN CONDITIONAL USE FOR COMMERCIAL PARKING LOT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 5, 2004 at a
meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room,
City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Hyman Avenue Holdings,
LLC requesting conditional use approval to operate a commercial parking lot at 707 E. Hyman
Avenue. The property is commonly known as 707 E. Hyman Ave. and is legally described as
Lots C-D, Block 105, of the City and Townsite of Aspen. For further information, contact James
Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970)
920-5102, james]@ci.aspenco.us.
s/Jasmine Tyare, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on September 4, 2004
City of Aspen Account
veryx
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312 HUNTER LLC 50%
C/O CAROLYN A EARABE
790 CASTLE CREEK DR
ASPEN, CO 81611
ANDERSON ROBERT M & LOUISE E
1021 23RD ST
CHETEK, WI 54728
ASPEN B COMMERCIAL PROPERTIES
EMMY LOU BRANDT C/O
316 SOPRIS CIR
BASALT, CO 81621
BARTLETT KATYI
715 E HYMAN AVE #18
ASPEN, CO 81611.2066
BERMAN PETER J & ROCHELLE L
10021 ORMOND RE)
POTOMAC, MD 20854
BISCHOFF JOHN C
502 S VIA GOLONDRINA
TUCSON, AZ 85716-5843
BRADLEY MARK A
PO BOX 1938
BASALT, CO 81621
BUDINGER WILLIAM
728 EAST FRANCIS ST
ASPEN, CO 81612
CARVER RUTH A & MARTIN G
10 BYRON LN
MUSCATINE, IA 52761
CHOOKASZIAN DENNIS & KAREN
1100 MICHIGAN
WILMETTE, IL 60091
610 EAST HYMAN LLC
C/O KRABACHER LAW OFFICES PC
201 N MILL ST STE 201
ASPEN, CO 81611
APPEL ROBERT
APPEL HELEN IN JOINT TENANCY
700 PARK AVE 18-A
NEW YORK, NY 10021
ASPEN SQUARE VENTURES LLP
C/O M & W PROPERTIES
205 S MILL ST STE 301A
ASPEN, CO 81611
BAUM ROBERT E ASPEN RES TRST
PO BOX 1518
STOCKBRIDGE, MA 01262
BERNSTEIN JAY H & JILL K
26 PHEASANT RUN
OLD WESTBURY. NY 11568
BOGAERT FAMILY TRUST
PO BOX 300792
ESCONDIDO, CA 92030
BRZOSTOWSKI ROBERT
715 E HYMAN AVE - APT 20
ASPEN, CO 81611-2096
BULKELEY RICHARD C & JULIE J
801 JOY ST
RED OAK, IA 51566
CAVES KAREN WHEELER
1 BARRENGER CT
NEWPORT BEACH, CA 92660
CITY MARKET INC
DILLON RE CO INC ATTN REAL ESTATE
DEPT
PO BOX 5567
DENVER, CO 80217-5567
ALEXANDER THOMAS L
715 E HYMAN AVE # 27
ASPEN, CO 81611
ARTLA LTD PARTNERSHIP
WM C KING
31 WINDING WAY
VERONA, PA 15147-3853
ATHLETIC CLUB MGMT SYSTEMS INC
720 E HYMAN AVE STE 001
ASPEN, CO 81611
BELL MTN QUAL RES CONDO ASSOC
LLC
320 S SPRING ST
ASPEN, CO 81611
BERSCH TRUST
9642 YOAKUM DR
BEVERLY HILLS, CA 90210
BORGIOTTI CLAUDIO
9610 SYMPHONY MEADOW LN
VIENNA, VA 22192
BUCKHORN ARMS LLC
730 E COOPER AVE
ASPEN, CO 81611
CALGI RAYMOND D & ANNE A
134 TEWKESBURY RD
SCARSDALE, NY 10583
CHATEAU ASPEN UNIT 21-A LLC
BLDG 421-G AABC
ASPEN, CO 81611
CLEMENT FAMILY TRUST
CLEMENT KENNETH L & CHRISTINE D
TRUSTEES
PO BOX 709
BIG BAR, CA 96010
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PORATH FAMILY TRUST PORTE BROOKE PRICE GAIL
12400 WILSHIRE BLVD STE 1450 3520 PADDOCK RD C/O ASPEN POTTERS INC
LOS ANGELES, CA 90025 WESTON, FL 33331-3521 231 E MAIN ST
ASPEN, CO 81611
RAHLEK LTD @ BANK OF AMERICA RED FLOWER PROP CO PTNSHP REICH DANIEL S TRUST 20%
HARDING & CARBONE INC 545 MADISON AVE STE 700 6 RINCON ST
3903 BELLAIRE BLVD NEW YORK, NY 10022 IRVINE, CA 92702
HOUSTON, TX 77025
REICH MELVIN L TRUST 80% ROARING FORK PROPRIETARY LLC ROGER RICHARD R
4609 SEASHORE DR 2519 E 21ST ST 4300 WESTGROVE
NEWPORT BEACH, CA 92663 TULSA, OK 74114 ADDISON, TX 75001
ROSS JOHN F RUBENSTEIN ALAN B & CAROL S RYERSON GEORGE W JR
7600 CLAYTON RID 57 OLDFIELD DR 715 E HYMAN AVE #17
ST LOUIS, MO 63117 SHERBORN, MA 01770 ASPEN, CO 81611
SAHN KAREN R SAHR KAREN M SAKSON DREW
715 E HYMAN AVE #11 715 E HYMAN AVE #8 P O BOX 1625
ASPEN, CO 81611-2063 ASPEN, CO 81611 CARBONDALE, CO 81623-4625
SANDIFER C WESTON JR & DICKSIE LEE SCHEINKMAN NANCY SCHEUERMAN JOANNE E
2836 WOOD DUCK DR 715 E HYMAN AVE #23 200 LOCUST ST #23A
VIRGINIA BEACH, VA 23456 ASPEN, CO 81611 PHILADELPHIA, PA 19106
SCHNITZER KENNETH L & LISA L SEGUIN JEFF W & MADALYN B SEGUIN MARY E TRUST
2100 MCKINNEY ST 1760 PO BOX 8852 4944 CASS ST #1002
DALLAS, TX 75201 ASPEN, CO 81612 SAN DIEGO, CA 92109-2041
SHARP TERRI L SHERWIN GREGORY SHUMATE MARK
715 E HYMAN AVE #12 2907 SHADOW CREEK DR #104 221 16TH ST NW
ASPEN, CO 81611 BOULDER, CO 80303 ATLANTA, GA 30363
SILVER DIP EQUITY VENTURE LLC SMART EDWIN J SMITH JEFFREY L
C/O GARFIELD & HECHT C/O R L STEENROD JR & ASSOC 851 S JOSEPHINE ST
601 E HYMAN AVE 2009 MARKET ST DENVER, CO 80209
ASPEN, CO 81611 DENVER, CO 80205-2022
SPRING STREET PO STRIBLING DOROTHY & TAYLOR E NORRIS 1/2
C/O GULFCO LTC) WACHOVIA BANK NA FLO135 602 E HYMAN AVE #1
616 E HYMAN AVE PO BOX 40062 ASPEN, CO 81611
ASPEN, CO 816111 JACKSONVILLE, FL 32203-0062
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LANDRY ELIZABETH J
PO BOX 3036
ASPEN, CO 81612
LEMOS BARBARA LIVING TRUST 1/3 INT
PO BOX 321
ASPEN, CO 81612
LONG GERALD P & PATRICIA D
TRUSTEES
490 WILLIAMS ST
DENVER, CO 80218
MALLARD ENTER':IRISES LP
317 SIDNEY BAKER S #400
KERRVILLE, TX 78028
MAYLE KENNETH D
715 E HYMAN AVE #3
ASPEN, CO 81611-2063
MIAO SANDRA
9610 SYMPHONY MEADOW LN
VIENNA, VA 22182
MONGE EDWARD P & VICTORIA L
23284 TWO RIVERS RD #11A
BASALT, CO 81621
NATTERER HELEN
57 BURNBANK ST
NEPEAN
ONTARIO K2G0H2 CANADA,
NIELSON COL STEVE & CAROL D
501 S FAIRFAX
ALEXANDRIA, VA 22314
PEARSON REBE_CCA J
1610 JOHNSON DR
STILLWATER, MN 55082
LAZY J RANCH LLC
PO BOX 665
ASPEN, CO 81612
LIBERATORE DOUGLAS
PO BOX 1838
SARASOTA, FL 34230
LOUDERBACK JACQUELINE M & JOHN
PO BOX 606
SOUTH PASADENA, CA 91031-0606
MARTELL FRED & BARBARA
702 E HYMAN AVE
ASPEN, CO 81611
MC LLC
369 FLORIDA HILL RD
RIDGEFIELD, CT 06877
MIKI
PO BOX 444
ASPEN, CO 81611
MYSKO BOHDAN D
418 E COOPER AVE SUITE 200
ASPEN, CO 81611
NETHERY BRUCE
715 E HYMAN AVE #25
ASPEN, CO 81611-2063
NOONAN JOHN C
715 E HYMAN AVE #9
ASPEN, CO 81611
PETERSON CHRISTY
867 HAVEN CREST CT N
GRAND JUNCTION, CO 81506
LEGNAME RUDI
202 STANFORD AVE
MILL VALLEY, CA 94941
LIEB MADELINE TRUST
800 E HYMAN AVE #A
ASPEN, CO 81611
LOWREY JAMES E JR TRUSTEE
1390 ENCLAVE PKWY
HOUSTON, TX 77077-2025
MAVROVIC ERNA
530 E 72ND ST APT 15-C
NEW YORK, NY 10021
MCFADDEN GORDON K
18519 E VALLEY RD
KENT, WA 98032
MOEN DONNE P & ELIZABETH A
8 CABALLEROS RD
ROLLING HILLS, CA 90274
N S N ASSOCIATES INC
11051 W ADDISON ST
FRANKLIN PARK. IL 60131
NEUMANN MICHAEL
7381 MOHASNIC DR
BLOOMFIELD HILLS, MI 48301
PATIO BUILDING COMPANY LLC
PO BOX 1066
ASPEN, CO 81612
PHILLIPS STEPHANIE
985 FIFTH AVE
NEW YORK, NY 10021
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GODBOLD EDMUND O GOFEN ETHEL CARD TRUSTEE GOODING SEAN A 80%NC
I C RANH
524 COLONY DR 455 CITY FRONT PLAZA 5755 DTC C/O PARAGON ONBLVAN
HARTSDALE, NY 10530 CHICAGO, IL 60611 TE 250
GREENWOOD VILLAGE, CO 80111
GORDON LETICIA GORSUCH JEFFREY S 48.935% INT HABER WILBUR A
3920 GRAND AVE t#700 707 W NORTH ST HABER SANDRA
DES MOINES, IA 50312 ASPEN, CO 81611 20409 KISHWAUKEE VALLEY RD
MARENGO, IL 60152
HANSON JUNE ANDREA HAYLES THOMAS HELLINGER PROPERTIES LTD
64 DOUBLING POINT RD 715 E HYMAN AVE #5 1849 WYCLIFF DR
ARROWSIC, ME 04530 ASPEN, CO 81611 ORLANDO, FL 32803
HEMP SUZANNE H & MARLY P JR HENDIRCKS JOHN AND BONNIE 1/2 INT HENDRICKS SIDNEY J
TRUSTEES 254 N LAUREL AVE 6614 LAKEVILLE RD
FOR THE SUZANNE HEMP LIVING DES PLAINES, IL 60016 PETALUMA, CA 94954-9256
TRUST
15470 POMONA RD
BROOKFIELD, WI 53005
HOFFMAN JOHN S III HUNKE CARLTON J LIVING TRUST HUNT SARAH J
715 E HYMAN AVE #16 4410 TIMBERLINE DR SW 715 E HYMAN AVE #22
ASPEN, CO 81611 FARGO, ND 58103 ASPEN, CO 81611
HUNTER PLAZA ASSOCIATES LLP ISRAEL FAMILY PARTNERSHIP LTD JACOBS NORMAN & JERI
C/O M & W PROPERTIES 263 OCEAN BLVD 2105 HYBERNIA DR
205 S MILL ST STE 301A GOLDEN BEACH, FL 33160 HIGHLAND PARK, IL 60035
ASPEN, CO 81611
JOFFE LIVING TRUST JOHNSON BARBARA WEAVER LIVING JOYCE EDWARD
23820 LONG VALLEYTRUST RD PO BOX 3570 11 S LA SALLE ST STE 1600
HIDDEN HILLS, CA 91302 LAB CRUCES, NM 88003 CHICAGO, IL 60603-1211
KANTAS NICOLf=TTE KASHINSKI MICHAEL R KELLY NORA D TRUST 50%C/O THE BUCKHORN ARMS LLC
715 E HYMAN AVE #15 0343 GROVE CT 732 E COOPER AVE
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
KIEFER KAREN BERNICE TRUST 1/4 KOPP ROBERT L 50% KRAJIAN RON
2130 NW 95TH ST 34425 HWY 82 617 E COOPER AVE #114
SEATTLE, WA 98117-2425 ASPEN, CO 81611 ASPEN, CO 81611
KUTINSKY BRIAN LANDA MICHAEL B LANDIS JOSHUA B
7381 MOHANSIC DR 851 S JOSEPHINE ST 715 E HYMAN AVE #4
BLOOMFIELD HILLS, MI 48301 DENVER, CO 80209 ASPEN, CO 81611
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COATES NELIGH C JR
720 E HYMAN AVE
ASPEN, CO 81611
COORS PHYLLIS M QPRT
WILLIAM SCOTT COORS TRUSTEE
15481 W 26TH AVE
GOLDEN, CO 80.401
CUTTS JAMES & KAREN 1/3 INT
PO BOX 321
ASPEN, CO 81612
DALY FRANK & ANNETTE
1555 ASTOR ST 44W
CHICAGO, IL 60610
DIBRELL CHARLES G JR & FRANCES
24 ADLER CIR
GALVESTON, TX 77551-5828
DULDNER KURT P
930 5TH AVE PH E
NEW YORK CITY, NY 10021
ELLERON CHEMICALS CORP
720 NORTH POST RD #230
HOUSTON, TX 77024
FEHR EDITH B REVOCABLE TRUST
294 ROUND HILL RD
GREENWICH, CT 06831
FLINT MARILYN TRUSTEE
3945 KIRKLAND CT
BLOOMFIELD HILLS, MI 48302
FURNGULF LTD
A COLO JOINT VENTURE
616 E HYMAN AVE
ASPEN, CO 81611
COLOSI THOMAS W
715 E HYMAN AVE APT 6
ASPEN, CO 81611-2099
CORTRIGHT KEVAN J 1/3
3806 PHEASANT LN
WATERLOO, IA 50701
DAILY CONNIE M
715 E HYMAN AVE #14
ASPEN, CO 81611
DAMSCHRODER TIMOTHY R & ROBIN S
C/O FRIAS PROPERTIES
730 E DURANT AVE
ASPEN, CO 81611
DILL FRED H
411 BROOKSIDE AVE
REDLANDS, CA 92373
EDGE OF AJAX INC
PO BOX 2202
ASPEN, CO 81612
ELL] S GORSUCH 1.07% INT
707 W NORTH ST
ASPEN, CO 81611
FERRY JAMES H III
480 S AVE
GLENCOE, IL 60022
FLOWERS JUDY R
715 E HYMAN AVE #1
ASPEN, CO 81611-2063
GARRISON LELAND M TRUSTEE
4802 E SECOND ST SUITE 2
LONG BEACH, CA 90803
COOPER SPRINGS LLC
393 N COLUMBIA AVE
COLUMBUS, OH 43209
CRAFT LESTER R JR
2026 VETERAN AVE
LOS ANGELES, CA 90025-5722
DALY CAROL CENTER
155 LONE PINE RD C-11
ASPEN, CO 81611
DEVINE RALPH R
715 E HYMAN #13
ASPEN, CO 81611
DODEA NICHOLAS T
715 E HYMAN AVE #19
ASPEN, CO 81611-2063
EDGETTE JAMES J & PATRICIA
19900 BEACH RD STE 801
JUPITER ISLAND, FL 33469
ETTLIN ROSS L
715 E HYMAN AVE # 7
ASPEN, CO 81611
FIGHTLIN JONATHAN D
715 E HYMAN #46
ASPEN, CO 81611-2063
FLY MARIE N
7447 PEBBLE POINTE
W BLOOMFIELD, MI 48322
GILBERT GARY
1556 ROYAL BLVD
GLENDALE, CA 91207
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TAYL.OR FAMILY INVESTMENTS CO 1/2
489 ROSE LN
CARBONDALE, ClD 81623
TRELIER CHRISTIN L
981 E BRIARWOOD CIR N
LITTLETON, CO E0122
VICTORIAN SQUARE LLC
C/O GARFIELD & HECHT PC
601 E HYMAN AVE:
ASPEN, CO 81611
WALLING REBECC;A
350 B_ANCA AVE
TAMPA, FL 33606
WEIL NANCY
7521 PLATEAU RD
GREELEY, CO 81634-9384
WILKIE MICHAEL 112 INT
254 N LAUREL AVE:
DES PLAINES, IL 60016
WITHAM RICHARD 1/3
3806 F HEASANT LN
WATERLOO. IA 50701
YERAMIAN CHARLES
PO BOX 12347
ASPEN, CO 81612
TERMINELLO DENNIS J & KERRY L
656 RIDGEWAY
WHITE PLAINS, NY 10605-4323
TROUSDALE JEAN VICK
611 E HOPKINS AVE
ASPEN, CO 81611
WACHTMEISTER EDWARD TRUST
6223 WHITEHALL FARM LN
WARRENTON, VA 20187-7247
WARNKEN MARK G
1610 JOHNSON DR
STILLWATER, MN 55082
WHITTENBURG CATHERINE C TRUST
20%
620 S TAYLOR
AMARILLO. TX 79109
WILLIAMS CRAIG & LEE FAMILY
PTNRSHP
8990 HEMPSTEAD HWY #200
HOUSTON, TX 77008
WOODS FRANK J III
205 S MILL ST STE 301A
ASPEN, CO 81611
YOUNG RICHARD 1/3
3806 PHEASANT LN
WATERLOO, IA 50701
THOMPSON RICHARD P
RUSHING JIMMY C
1171 BEACH BLVD
JACKSONVILLE, FL 32250
VICENZI HEATHER L
715 E HYMAN AVE #10
ASPEN, CO 81611-2063
WALLEN-OSTERAA REV LIVING TRUST
36 OCEAN VISTA
NEWPORT BEACH, CA 92660
WEIGAND FAMILY TRUST 231100
150 N MARKET
WICHITA, KS 67202
i
_J
WHITTENBURG III MARITAL TRUST J A
80%
3011 S TRAVIS
AMARILLO, TX 79109
WILLOUGHBY MARIAN V TRUST
12322 RIP VAN WINKLE
HOUSTON, TX 77024
WORCESTER JOHN P
707 CEMETERY LN
ASPEN, CO 81611
ZENSEN ROGER
ZENSEN MARIANN
313 FRANCES THACKER
WILLIAMSBURG, VA 23185
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HANNAH LUSTIN CONDOMINIUMIZATION
Alan Richman, planning office, told Council the applicant wit:
the conditions; the engineering department wants some plat chi
wants the A -frame on the lot deed restricted to moderate incox
department has a list of requirements for the life, health an(
a need for an encroachment license into the south Spring right
is being asked to provide a sidewalk on the Hyman avenue side
building and the area is fairly heavily used, so P & Z and the
for construction of a sidewalk.
Gideon Kaufman said the encroachment is for planters in the r:
Council because of the contiguity of the lots, the A -frame is
There is parking behind the A-fram, and the engineering depart
to show designated parking spaces. Kaufman pointed out the A -
office building, and they would like to not be required to she
there is no specific parking. Richman said the engineering de
parking shown on the plat for accuracy purposes; they are not
Councilman Blomquist moved to grant subdivision exception for
for the purposes of condominiumization subject to conditions
office memorandum of February 13, 1984; seconded by Councilmai
motion carried.
City Attorney Taddune asked Council if they would like him to
the timeshare moratorium. Councilman Blomquist said there are
handle the tax issue and keep the moratorium in place. Counc:
moratorium and have staff present the tax ordinance.
PENNE, HORN DAVID EMPLOYEE UNIT
Assistant City Manager Ron Mitchell told Council he has met w:
are four recommendations to take into account the circumstanc(
period of the city to exercise its option to purchase.to Marct
partnership agreement. Another option would be to have Coleti
into the partnership or buy the partnership and lease out part
option is that the city has another 60 day period to allow Pei
start marketing the unit; the city would still have the abilit
prior to sale. Mitchell told Council there will be other un:
be coming onto the market. Mitchell said the staff is trying
give Colette Penne sufficient time to find someone to fill in
Glenn Horn pointed out that Ms. Penne is asking to find someoi
and that they be city employee; employee within Pitkin County,
Penne said she would like to be able to show Council she tries
first, and then an employee of Pitkin County, and then an ind:
her contract precludes leasing out any of the house.
Councilman Knecth moved to approve the memorandum dated Febru<
Councilwoman Walls. All in favor, motion carried.
Mayor Stirling pointed out that McArthur duplex and Chapman's
be on the market soon. Mayor Stirling said he would like to }
of the city buying these and then selling them on the free mai
would involve an inquiry into Council's policy on employee hoi
developers to provide employee housing, and what the Council c
indication of the reasonableness of what Council would expect
told Council the city is involved in a law suit in which one c
the city is in the real estate development business. The city
developing real estate and selling it for profit.
RED ONION RECONDOMINIUMIZATION
707 E. Hyman Additional Suggested Condition
8. The Applicant may lease the thirteen (13) parking spaces to be designated for the
Hannah -Dustin Building to the tenants of the building, their assigns, and their guests
during normal business hours of Monday -Friday from 8 AM to 5 PM to satisfy the
Hannah -Dustin's on -site parking requirements. These thirteen (13) parking spaces may
be rented to the general public at all other times subject to this conditional use. The other
six (6) parking spaces that are not required for the use of the Hannah -Dustin Building
may be leased to the general public without a time restriction.
26.515.030
lic or private right-of-way. Off-street parking must be paved with all weather surfacing or be covered
with gravel. For single family and duplex development, a grass -ring type surface may be used. All
parking shall be maintained in a usable condition at all times.
B. Location of off-street parking. Off-street parking required for development in the Ser-
vice/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC) and Office (0) Zone Districts
shall not be located in any adjacent residential zone district. Off-street parking for any residential
dwelling, hospital, school or other use located in a residential zone district shall be located on the same
site as the principal use. Off-street parking for a boarding or rooming house, lodge, hotel or dormitory
shall be located on the same lot, or an adjacent lot under the same ownership as the lot occupied by the
principal use.
C. Detached and duplex residential dwelling parking. Off-street parking provided for detached resi-
dential_dwellings and duplex dwellings are not required to have unobstructed access to a street or alley,
but may consist of garage area, or parking strip or
D. Main Street off-street parking. All parking required for uses fronting Highway 82 shall, if an
alley exists, be provided access off the alley and shall not enter or exit from or onto Highway 82.
E. Restrictions on use of off-street parking areas. No off-street parking area shall be used for the
sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, nor shall any
such activity adjacent to off-street parking spaces obstruct required access to off-street parking areas.
F. Restrictions on drainage, grading and traffic impact Off-street parking spaces shall be graded to
insure drainage does not create any flooding or water quality problems and shall be provided with en-
trances and exits so as to minimize traffic congestion and traffic hazards.
F
G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be ar-
ranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential dwell-
irigs or interfere with driver vision and shall be in compliance with section 26.575.150. (Ord. No. 47-
1999, § 2)
16.515.030 Required number of off-street parking spaces.
The off-street parking spaces established below shall be provided for each use in the zone district.
Whenever the off-street parking is subject to establishment by adoption of a Planned Unit Development
Final Development Plan, that review shall be pursuant to Chapter 26.445, Planned Unit Development.
Whenever the parking requirement is subject to special review or may be provided via a payment in
lieu, that review shall be pursuant to the procedures set forth at Chapter 26.430 and the standards set
forth at section 26.515.040, below.
673 (Aspen 10/02)
iTAN CLAUSON ASSOCIATES, LLC
RCINIED
Planning • Urban Design
Landscape Architecture
Transportation Studies
Project Management
Mr. James Lindt, Planner
City of Aspen AUG
G I a 2-004 ASP EAST MAIN STREET
H 1117 l/ ASPEN, COLORADO 81611
Community Development Department TELEPHONE: 970.925.2323
130 S. Galena Street '' Fax: 970.920.1628
E-MAAspen, Colorado 81611 BIIIL�Ii ic: �, are i v1tNT WEB: :info@scannn g.co om
WEB: www.scaplanning.com
Re: 707 E. Hyman Conditional Use Application for Commercial Parking
Dear James:
This letter is in response to your e-mail requesting additional information regarding the
Conditional Use Application submitted by our office on behalf of the property at 707 E.
Hyman Avenue. Provided below are your questions and our responses:
1. Vehicle queuing issues and pedestrian/vehicle conflict associated with entry off E.
Hyman and only partial automation of facilities (day parkers have to go into Hannah -
Dustin Building to get a parking pass and pay) (Staff would recommend flipping the
parking Configuration so emergency access is off of Hyman and main access is off of
alleyway as previously discussed.)
The applicant is not willing to give up the curb -cut access, which they believe is vital
to the successful use of the lot and any future redevelopment of the property. The
gate system has been modified to provide immediate entry. Exit would require a paid
ticket or pass. This would eliminate any queuing issues.
2. SUV headlights shining directly into the first floor windows at Benedict Commons (How
are you going to mitigate this?)
There are actually very few windows on the first floor of Benedict Commons at
headlight level. The ones that do exist would be screened by new plantings along the
property line.
3. PM-10 Mitigation (Looking for argument why the parking is not a trip generator as you
discussed at DRC or Applicant's consent to providing the PM-10 mitigation as suggested
by Environmental Health in DRC minutes that 1 previously sent you.)
A parking facility is simply not a trip generator. Trips are generated by actual
destinations or origins such as residential units, offices, and commercial facilities.
This is the basis for trip generation. It might be possible to argue that the provision
of additional parking may encourage the conversion of some transit trips to
automobile trips, but not accepted quantification exists for this hypothesis. It is clear
that cars are circulating our streets looking for parking. This phenomenon is a
pollution generator that would be relieved to some extent by providing limited
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
Mr. James Lindt
City of Aspen
18 August 2004
Page Two
additional parking in this area. PM10 would be mitigated by the nature of the gravel
surface and application of dust suppressants as required.
4. Dust Suppression methods- Staff believes additional dust will be created by increased
use of parkingJacilities (Staff would recommend using dust suppressant called Calcium
Lignosulfanate once per year in the spring, it is the treatment that the City uses on gravel
alleyways.)
The applicant will comply with these dust -suppression recommendations.
5. Fence Materials- Staff felt that using wrought iron chain did not meet the intent of the
acceptable fence materials in the code.
There is no statement of intent with respect to fence materials, so this remains open to
discussion and disagreement. However, I would discern that the intent of the fence
code is to provide an attractive separation of uses and functions through materials
that do not detract aesthetically from the surrounding area. A post and chain fence
certainly accomplishes this objective for a non -historic property. It represents a
design that has been used in many parks and private settings, and certainly cannot be
compared with, say, a chain -link fence that would not have the requisite aesthetic
qualities for the area. It certainly should be noted that there are many fences in the
area that have a significantly lower aesthetic component, and which may or may not
have obtained proper approval through the fence permit process.
I hope that this additional information is helpful in providing a staff response to the
application. Please let me know if I need to provide any additional information.
Very truly ours,
Sta--n-clauSon, AICP, ASLA
STAN CLAUSON ASSOCIATES, LLC
Cc: Peter Fornell
MEMORANDUM
TO: Plans were routed to those departments checked -off below:
X
Community Development Engineer
X
City Engineer
O ...........
Zoning Officer
O ...........
Housing Director
X ...........
Parks Department
X ...........
As en Fir arshal
...........
City Water
O ...........
Aspen Consolidated Sanitation District
O ...........
Building Department
X ...........
Environmental Health
O ...........
Electric Department
O ...........
Holy Cross Electric
O ...........
City Attorney
O ...........
Streets Department
O ...........
Historic Preservation Officer
O ...........
Pitkin County Planning
O ...........
County & City Disaster Coordinator
O .........
Parking Department
FROM: James Lindt, Planner
Community Development Department
130 S. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
RE: 707 E. Hyman Conditional Use for a Commercial Parking Lot
DATE: 7/14/04
DATE OF DRC MEETING: 7/21/04
Please review the attached application requesting to use 707 E. Hyman as a
commercial parking lot. A DRC meeting will be held to review the application
Wednesday, July 21" at 1:30 PM. Please return comments to John Neiwoehner or
myself by 7/28/04.
APPLICATION SENT OUT TO REFERRAL AGENCIES 7/14/04
DRC MEETING 7/21/04
WRITTEN REFERRALS DUE TO JOHN NIEWOEHNER 7/28/04
Thanks,
James
APPLICATION
Park Place — Commercial Parking Lot
25 June 2004
Applicant: Hyman Avenue Holdings, LLC
Location: 707 East Hyman Avenue in
Aspen (PID# 2737-182-27-
001)
Zone District: Office District
Conditional Use Approval
Represented by: Stan Clauson Associates,
200 E. Main Street
Aspen, CO 81611
970-925-2323
LLC
.ITAN CLAUSON ASSOCIATES, LLC
25 June 2004
James Lindt, Planner
City of Aspen
Community Development Department
130 S. Galena Street
Aspen, Colorado 81611
Planning • Urban Design
Landscape Architecture
Transportation Studies
Project Management
200 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: 970.925.2323
FAX:970.920.1628
E-MAIL: clauson@scaplanning.com
WEB: www.scaplanning.com
Re: Request for Conditional Use Review for the Park Place Parking Lot
Dear James:
On behalf of Hyman Avenue Holdings, LLC, we are writing to request that the City of
Aspen conduct the necessary reviews to provide Conditional Use approval for the Park
Place Commercial Parking Lot on the property described as Lots C and D of Block 105,
City and Townsite of Aspen, located on East Hyman Avenue, between Spring and
Original Streets. The property is zoned "Office" and is part of a mixed -use neighborhood
of commercial office and residential buildings.
The request is intended to provide for the use of Lots C and D as an automated
commercial parking lot that will be gate controlled, and provide for monthly and daily
paid parking. The lot will accommodate 19 vehicles total, including one handicapped
accessible parking space. It will be fenced and landscaped to provide a more aesthetic
appearance than the parking use currently on the site.
Attached to this application is a Sketch Plan and Operational Characteristics statement as
required by the code. The proposed Park Place Commercial Parking Lot will bring the
property into compatibility with the mixed use development that has occurred in the
neighborhood. The property is currently poorly -utilized and without streetscape
amenities along Hyman Avenue. Under this proposal, the parking would be organized
and new landscaping installed. Moreover, the downtown core would benefit from
additional parking in this location.
We look forward to an opportunity to present this application, which we believe will
enhance the neighborhood and increase available parking for local residents and patrons
of commercial properties. We remain ready to answer any questions that you or the
review boards may have regarding the application.
Very truly urs,
Stan Clauson, AICP, ASLA
STAN CLAUSON ASSOCIATES, LLC
L
if
R.:
PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS
James Lindt
25 June 2004
Page 2
Attachments:
A. Land Use Application Form
B. Project Overview Land Use Code Standards Report
C. Operational Characteristics Statement
D. Sketch Plan, showing landscape and parking layout
E. Vicinity Map
F. Property Survey
G. Letter of Authorization
H. Legal Description/Proof of Ownership
I. Pre -application Conference Summary, dated 3 June 2004
ATTACHmENT A
DIMENSIONAL REQUIREMENTS FORM
Project: Commercial Parking Lot
Applicant: Peter Fornell, Managing Partner; Hyman Avenue Holdings, LLC
Location: 707 East Hyman Avenue; Lots C & D, Block 105, Aspen Townsite
Zone District: Office (0)
Lot Size: Lots C and D = 6,000 s.f. each
Lot Area: Lots C and D = 6,000 s.f. each
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: 0 s.. Proposed. 0 s. .
Number of residential units: Existing: 0 Proposed: 0
Number of bedrooms: Existing: 0 Proposed. 0
Proposed % of demolition (Historic properties only): N/A
DIMENSIONS:
Floor Area: Existing: 0 s.. Allowable: 6, 000 s. f Proposed: 0 s. .
Principal bldg. height: Existing: 0 Allowable: N/A Proposed.• N/A.
Access. bldg. height: Existing: N/A Allowable: N/A Proposed: N/A
On -Site parking:
Existing:
20-30
Required.•
6
Proposed.•
19
% Site coverage:
Existing:
N/A
Required:
N/A
Proposed:
N/A
% Open Space:
Existing:
N/A
Required:
N/A
Proposed:
N/A
Front Setback:
Existing:
N/A
Required.
N/A
Proposed.•
N/A
Rear Setback:
Existing.
N/A
Required.
N/A
Proposed:
N/A
Combined F/R:
Existing:
N/A
Required:
N/A
Proposed.•
N/A
Side Setback: Existing. N/A Required. • N/A Proposed: N/A
Side Setback: Existing: N/A Required: N/A Proposed.• N/A
Combined Sides: Existing. NIA Required.• N/A Proposed: N/A
Existing non -conformities or encroachments: Parking areas previously encroaching on
City ROW to be removed.
Variations requested: None.
ATTACHMENT A SAND USE APPLICATION
tPPLICANT:
.ame: Peter Fornell
' ocation: 707 East Hyman Avenue; Lots C & D, Block 105, Aspen Townsite
(Indicate street address, lot & block number, legal description where
_'arcel ID # (REOUIRED) PID# 2737-182-27-001
EPRESENTATIVE:
Name:
Stan Clauson Associates, LLC
.ddress:
200 East Main Street
Phone #:
925-2323
ROJECT:
Name:
Commercial Parking
Lot
.ddress:
707 East Hyman
Avenue
Phone #:
TYPE OF APPLICATION: (please check all that apply):
X
Conditional Use
❑
Conceptual PUD
❑
Conceptual Historic Devt.
I
❑
Special Review
❑
Final PUD (& PUD Amendment)
❑
Final Historic Development
❑
Design Review Appeal
❑
Conceptual SPA
❑
Minor Historic Devt.
❑
GMQS Allotment
❑
Final SPA (& SPA Amendment)
❑
Historic Demolition
❑
GMQS Exemption
❑
Subdivision
❑
Historic Designation
❑
ESA — 8040 Greenline, Stream
❑
Subdivision Exemption (includes
❑
Small Lodge Conversion/
Margin, Hallam Lake Bluff,
condominiumization)
Expansion
Mountain View Plane
j ❑
Lot Split
❑
Temporary Use
❑
Other:
I ❑
Lot Line Adjustment
❑
Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
Existing property consists of Lots A, B, C, & D; Townsite Block 105. Lots A & B contain an office building, known as
Hannah -Dustin Building. Lots C & D contain an A -frame structure in office use and surface parking.
ROPOSAL: (description of
See attached.
Have you attached the foHowing? FEES DUE: S 1,495
Pre -Application Conference Summary
Attachment #1, Signed Fee Agreement
K Response to Attachment 0, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
►11 plans that are larger than 85" a 11" must be folded and a floppy disk with an electronic copy of all written
next (Microsoft Word Format) must be submitted as part of the application.
Attachment B
Proiect Overview
The property at 707 East Hyman Avenue contained until recently an A -frame structure in
office use and informal parking for approximately twenty (20) cars, accessed from both
the alley and the front curb cut. This parking was generally used by employees and
patrons of the A -frame structure. This proposed commercial parking facility will establish
an attractive well -organized and landscaped parking lot for use by monthly and daily
parking patrons. Parking that previously occurred on the public right-of-way will be
eliminated in favor of landscape materials approved by the Parks Department. Attached
to this application is a sketch plan showing the proposed landscape and site
improvements to be incorporated into this conditional use.
This proposed commercial parking use will alleviate parking problems, while at the same
time be consistent with the historical use of the property. The property is located in the
Office Zone district, which permits Commercial Parking Facilities as a special review
use. Other uses on this mixed -use block include the Hannah Dustin office building, the
Aspen Athletic Club building, which also has rental offices, townhouses, and affordable
housing condominium development. The affordable housing condominium, known as
Benedict Commons, contains an underground parking facility accessed from Hyman
Avenue. This parking facility also leases spaces to the general public because of
oversupply incorporated into the building.
There is considerable on -street and private parking demand in this area. Often all the
parking spaces along the street are taken by residents, guests, and customers in this
neighborhood, as well as persons seeking a reasonably close location to the gondola and
commercial core. For these reasons, a clear need exists for additional off-street parking.
This additional parking area will free up on -street parking spaces for short-term patrons
of businesses and guests of residences in the immediate neighborhood and the downtown
core. As a consequence, the proposed development will serve community goals of
decreasing automobile congestion in the downtown core and restricting the parking
supply to land that has been already developed, thus conserving `green' space.
Additional parking is much needed in and near the downtown core as drivers circulate
often looking for parking spaces nearby and causing unnecessary additional automobile
congestion and pollution in Aspen. As noted, the neighboring property, Benedict
Commons, rents out parking spaces to monthly renters as well as to its residents.
Similarly, this project will provide additional parking to meet the apparent demand for
parking spaces in this area.
The applicant for the proposed unmanned, automated commercial parking lot will
minimize any adverse effects. This includes any negative visual impacts which will be
Park Place —Commercial Parking Lot
Conditional Use Application Page 1
mitigated with landscaping improvements, including street tree plantings and fencing.
The operational characteristics will include private advertising for monthly leases and
day users.
In short, this development will be beneficial to both the immediate neighborhood as well
as to the community and its guests by providing extra public parking adjacent to the
downtown area, while organizing and landscaping an existing parking use.
Park Place —Commercial Parking Lot
Conditional Use Application Page 2
Responses to Land Use Code Sections applicable to
Conditional Use
Chapter 26.425
CONDITIONAL USES
26.425.040 Standards applicable to all conditional uses.
When considering a development application for a conditional use, the Planning
and Zoning Commission shall consider whether all of the following standards are met, as
applicable.
A. The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Community Plan, with the intent of the zone district in
which it is proposed to be located, and complies with all other applicable requirements of
this title; and
Response: The conditional use of a surface parking lot in the Office zone district is
consistent with the Aspen Area Community Plan and its underlying zone district. First,
this development serves the transportation policy in the Aspen Area Community Plan
which aims to "reduce automobile congestion in the downtown core, particularly in the
evening and on weekends, so as to foster economic sustainability. " The proposed
parking lot fulfills this policy of reducing congestion by providing much needed
additional parking to residents, guests, and clients of businesses in the neighborhood.
Located in the ice zone district, this particular site will also provide a convenient
parking area for the downtown core. Second, this project further serves the goal of
supplying the area with parking on infill land thus conserving land in the Aspen area.
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: This project will serve a necessaryfunction by providing parking for the
neighborhood and the surrounding area. The proposed site is in the ice zone district,
adjacent to the downtown core. The site has contained an informal and unlandscaped
parking facility in use for many years. Adjacent uses in this mixed -use neighborhood
include an athletic club, which also rents office space, an office building, and townhouse
and condominium development. Thus, the proposed development will fit in well with the
surrounding area and provide a complimentary use to both the residents and customers
of the both the immediate neighborhood and the downtown core. This proposed parking
lot will be compatible with the character of the immediate vicinity since another parking
facility owned by the City of Aspen Housing Department, in the Benedict Commons
development also rents parking spaces to not only its residents but also to monthly
renters.
Park Place —Commercial Parking Lot
Conditional Use Application Page 3
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: This project has been designed to minimize any potential negative effects
to the area, including screening from neighboring properties, sidewalk amenities, and
fencing along the perimeter of the property. Parking will be available to monthly renters,
some of who may be occupants of adjacent buildings, along with daily packers, who will
purchase a daily ticket from the manager of the adjacent Hannah Dustin building. It is
not intended that this parking will be advertised through signage to the general public,
but rather monthly and daily parkers will be aware of the possibility of using this parking
lot from media advertisements and word of mouth. In this way, on -site signage will be
restricted to a small sign, not to exceed 18 inches by 24 inches, which will provide
instruction regarding use of the facility.
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: This project will require only minimal access to public utilities, notably
electricityfor the automated gate system and water (non potable) for the landscaping
irrigation system. These utilities are already in place in sufficient capacity to serve these
minimal requirements.
E. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use; and The Community
Development Director may recommend, and the Planning and Zoning Commission may
impose such conditions on a conditional use that are necessary to maintain the integrity of
the city's zone districts and to ensure the conditional use complies with the purposes of
the Aspen Area Community Plan, this Chapter, and this Title; is compatible with
surrounding land uses; and is served by adequate public facilities. This includes, but is
not limited to imposing conditions on size, bulk, location, open space, landscaping,
buffering, lighting, signage, off-street parking and other similar design features, the
construction of public facilities to serve the conditional use, and limitations on the
operating characteristics, hours of operation, and duration of the conditional use.
Response: Project will not generate any employment requiring affordable housing
mitigation. No buildings are involved in this application. The facility is proposed to be
serviced by an automated system, with some support from the building manager of the
adjacent office building.
Park Place —Commercial Parking Lot
Conditional Use Application Page 4
26.425.060 Application.
The development application for a conditional use shall include the following.
A. The general application information required in Section 26.304.030;
B. A sketch plan of the site showing existing and proposed features which are
relevant to the review of the conditional use application; and,
Response: A landscape and site plan has been provided as an attachment to this
application.
C. A written description of the operational characteristics of the proposed conditional
use; and,
Response: A narrative description of the operational characteristics of the proposed
conditional use is attached in the following pages.
D. If the application involves development of a new structure or expansion or
exterior remodeling of an existing structure, proposed elevations of the structure.
Response: No new structures or remodeling of existing structures are part of this
application.
Park Place —Commercial Parking Lot
Conditional Use Application Page 5
Attachment C
Operational Characteristics
The proposed parking lot will contain nineteen spaces, one of which will be a
handicapped accessible space. These spaces are dimensioned in accordance with the City
of Aspen Land Use Code. The parking lot surface will be washed gravel, which will
present a natural appearance and allow good water permeability, without contributing to
dust or PM10. The perimeter of the parking lot will have a wrought -iron post and chain
fence to control intrusion. There will be an automated gate at the entry to the parking lot.
The parking lot will use the existing curb cut, with no change to on -street diagonal
parking currently available. The lot will be landscaped as shown on the attached Sketch
Plan. There will be a hammerhead at the rear of the lot adjacent to the alley to facilitate
internal movement of vehicles. No entry from the alley will be permitted.
The automated entry gate will be activated by a pass card in the possession of the vehicle
owner. Pass cards will be made available to parkers on a monthly or daily basis. Pass
cards would be available for purchase by mail or from the manager of the adjacent
Hannah Dustin building. A small sign, not to exceed 18 inches by 24 inches will describe
the entry requirements for this parking facility and give the name of an owner's
representative who will be available at all times, should any issues arise. The parking lot
would be accessible twenty-four hours a day, seven days a week. Purchasers of a
monthly pass would be allowed unlimited access to the lot. Purchasers of a day pass
would be allowed unlimited access for a 24-hour period. Day passes would only be made
available for those spaces not already rented through the monthly pass program. So, for
example, if there were 10 monthly parking pass holders, 9 spaces would be available for
day users.
The parking lot will be kept clean and free of any debris and litter. Plantings will be
regularly maintained, and watered through an underground sprinkler system. Signage, as
noted, will be kept to a minimum. Curb stops placed at each parking space will prevent
vehicle intrusion beyond the boundaries of the property. Complementary plantings for
screening, as shown on the sketch plan, will be placed on the adjacent Hannah Dustin
property and along the public right of way of East Hyman Avenue, in conjunction with
the City of Aspen Parks Department.
Park Place —Commercial Parking Lot
Conditional Use Application Page 6
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Attachment G
24 June 2004
Mr. James Lindt
Community Development
130 S. Galena St., 3`d Floor
Aspen, CO 81611
Dear James:
As managing partner of Hyman Avenue Holdings, LLC, I, Peter Fomell, give Stan
Clauson Associates, LLC and his staff permission to represent us in discussions with the
City of Aspen regarding the conditional use of 707 East Hyman Avenue as a surface
parking lot in Aspen, Colorado. We have retained this firm to assist us in the planning
phase of this project. If you have any questions regarding this matter, please contact me.
Sincerely
Peter Fornell, Managing Partner
Hyman Avenue Holdings, LLC
402 Midland Avenue
Aspen, CO 81611
CITY OF ASPEN
WRETT PAID
DATE NO. ) q "-3
6 z-3
WHEN RECORDED RETURN TO:
Name: Hyman Avenue Holdings, LLC
C/o Krabaeher Sanders, PC
Address: 201 N. Mill Street, Ste. 201
Aspen, CO 81611
WARRANTY DEED
Attachment H
:fry OF ASPEN
HRETT PAID
DATE REP
NO.
Ckj
uF �c 00
THIS DEED, made this 28th day of February, 2003, between George A. Vicenzi Trust, as to an
undivided 25% interest and Alan J. Goldstein, as to an undivided 75% interest of the said County
of Pitkin and State of Colorado, grantor, and Hyman Avenue Holdings, LLC, a Colorado Limited
Liability Company whose legal address is C.B. Management, PO Box 1747, 605 Sherman
Parkway Springfield, MO 65801-1747 of the said County of Pitkin and State of Colorado,
grantee:
WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey
and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado
�y described as follows:
Lots A, B, C and D, Block 105 479376
CITY AND TOWNSITE OF ASPEN 1111111 P&90: 1 of 4
SILVIA DAVIS PITKIN COUNTY CO R 21.E0 Z�20D 80•.00,D0P
also described as follows:
THE HANNAH-DUSTIN CONDOMINIUMS, according to the Plat thereof recorded October 2,
1985 in Plat Book 17 at Page 78 as Reception No. 271969 and as defined and described by the
Condominium Declaration for HANNAH-DUSTIN CONDOMINIUM recorded October 2, 1985
in Book 496 at Page 375 as Reception No. 271967.
COUNTY OF PITKIN, STATE OF COLORADO
also known by street and number as: 300 S Spring St., Aspen, CO 81611
Flle Number; 00030095
Stewart Title ot'Aspen, Inc.
Warranty Deed — Photographic Record (Extended)
Page 1 of 2
479376
TRANSFER DECLARATION RECEIVED 02/28/2013
TO HAVE AND TO HOLD the same unto the said Buyer, his personal representatives,
successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, his
personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of said
property, goods and chattels, against all and every person or person whomever. When used
herein, the singular shall include the plural, the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF, the Seller has executed this Bill of Sale this 2-5"- day of
ri��#Yvh"1 , moo -'-�
George A. Vic
. Go
Trustee of
STATE OF
COUNTY OF
A. Vicenzi Trust
The foregoing instrument was acknowledged before me this M day of
a_lna_ by George A. Vicenzi, Trustee of the George A. Vicenzi Trust
My commission expires
Notary Public:
Witness my hand and official seal.
,1\1111l,1
P. 13A
`C,'-0
o .
op ,o`
MY COMMI99 )N ohs
AUGUST 1. 2006
479376
File Number fAspe , Inc.I II'lll'III "nII II�III III'I'lll ��I�II III Mill II'I I'II 02//Pag28/2093 01 :30P
Stewart Title of Aspen, ISILVIA DAVIS PITKIN COUNTY CO R 21.00
D 800 .00
Bill of Sale — (Extended)
Page 2 of 2
STATE OF 1 I 1 I Cbp�
COUNTY OF /_ 1_ ,0 t) y v e-
The foregoing instrument was acknowledged before me this a S� dayof7
a06 ?, , by Alan J. Goldstein
My commission expires2S e Witness my hand and official seal.
Notary Public: ���:.°;¢� �THERESABOYCE
µ+ CO�AmIS" i CC 936270
_. FIFES: May 25, 2004
B-00 N-q senkr
479376
D see -so'
File Number: 00030095
Stcwart Title ol'AspM Inc.
Acknowledgement - Seller
Page 1 of 3
EXHIBIT 1
EXCEPTIONS
1. Distribution utility easements (including cable TV).
2. Inclusion of the Property within any special taxing district.
3. The benefits and burdens of any declaration and party wall agreements, if any.
4. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
5. Taxes for the year 2003 and subsequent years not yet due and payable.
6. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for
the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as
Reception No. 60156.
7. Terms, conditions, obligations and provisions of Agreement by and between the City of
Aspen and Hannah Dustin Building Associates, a joint venture as set forth in instrument
recorded October 2, 1985 in Book 496 at Page 371 as Reception No. 271966.
8. Terms, conditions, obligations, provisions and easements of Easement Agreement recorded
August 24, 1972 in Book 266 at Page 229 as Reception No. 153522.
9. Terms, conditions, obligations and provisions of Condominium Declaration for Hannah -
Dustin Condominiums as set forth in instrument recorded October 2, 1985 in Book 496 at
Page 375 as Reception No. 271967.
10. Terms, conditions, obligations and provisions of Subdivision Agreement as set forth in
instrument recorded October 2, 1985 in Book 496 at Page 409 as Reception No. 271968.
11. Easements, rights of way and other matters as shown and contained on Plat of Hannah -
Dustin Condominiums recorded October 2, 1985 in Plat Book 17 at Page 78 as Reception
No. 271969.
479376
Page: 4 of 4
Fite Number: 00030095
Stewart Title of Aslxn, Inc.
Warranty Deed — Exhibit 1 (Exceptions)
Page 1 of I
Attachment I
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: James Lindt, 920.5095 DATE: 6/3/04
PROJECT: 707 E. Hyman Commercial Parking Facility Conditional Use
REPRESENTATIVE: Stan Clauson
OWNER: Peter Fornell
TYPE OF APPLICATION: Conditional Use
DESCRIPTION: Owner would like to obtain conditional use approval to operate a commercial parking facility on
the vacant portion of the property at 707 E. Hyman Avenue. The facility is proposed to be an
automated system that is to be unmanned.
Land Use Code Section(s)
26.425 Conditional Use
Review by: Staff for recommendation, Planning and Zoning Commission for final determination.
Public Hearing: Yes, at the Planning and Zoning Commission. Applicant must post property and mail notice at
least 15 days prior to hearing. Applicant will need to provide proof of posting and mailing with
an affidavit at the public hearings.
Referral Agencies: Engineering
Planning Fees: Planning Deposit, Minor ($1,310 for 6 hours of staff time)
Referral Agency Fees: Engineering Minor of $185
Total Deposit: $1,495 (additional Planning hours are billed at a rate of $210/hour)
Total Copies: 12 Copies
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and
telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current
certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all
owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application.
6. Required Copies of the complete application packet and maps.
7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen.
8. Additional materials as required by the specific review. (Refer to cited code sections)
9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed (Parking Plan layout showing any landscaping or improvements proposed for the property).
10. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the
following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred.
Text format easily convertible to Word is acceptable.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Stan Clauson. AICP, ASLA, 1'1:06 PM 8/13/2004 , RE: 707 E. Hyman Concerns Page 1 of 2
Reply -To: <clauson@scaplanning.com>
From: "Stan Clauson. AICP, ASLA" <clauson@scaplanning.com>
To: "'James Lindt"' <jamesl@ci.aspen.co.us>
Cc: "'Peter Fornell"' <ras@weaverandlester.com>
Subject: RE: 707 E. Hyman Concerns
Date: Fri, 13 Aug 2004 12:06:53 -0600
Organization: Stan Clauson Associates, LLC
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James —
Sorry to be a bit delay in responding. Please note answers interleaved below.
Stan Clauson, A ICP, ASLA
Stan Clauson Associates, LLC
200 E. Main Street
Aspen, Colorado 81611 USA
Tel: 970-925-2323
Fax: 970-920-1628
www.scar)lanning.com
Planning, Permitting, and Design Solutions for Communities and Private Sector Clients
-----Original Message -----
From: James Lindt [mailto:jamesl@ci.aspen.co.us]
Sent: 06 August 2004 10:00 AM
To: clauson@scaplanning.com
Subject: 707 E. Hyman Concerns
Hi Stan,
In looking at the conditional use application for 707 E. Hyman, Staff has the following concerns
about the proposal:
• Vehicle queuing issues and pedestrian/vehicle conflict associated with entry off E.
Hyman and only partial automation of facilities (day parkers have to go into Hannah -
Dustin Building to get a parking pass and pay) (Staff would recommend flipping the
parking Configuration so emergency access is off of Hyman and main access is off of
alleyway as previously discussed.)
Peter is not willing to give up the curb -cut access, which he believes is vital to the successful use of the
lot and any future redevelopment of the property. The gate system has been modified to provide
immediate entry. Exit would require a paid ticket or pass. This would eliminate any queuing issues.
• SUV headlights shining directly into the first floor windows at Benedict Commons (How
are you going to mitigate this?)
There are actually very few windows on the first floor of Benedict Commons at headlight level. The ones
that do exist would be screened by new plantings along the property line.
• PM-10 Mitigation (Looking for argument why the parking is not a trip generator as you
discussed at DRC or Applicant's consent to providing the PM-10 mitigation as suggested
by Environmental Health in DRC minutes that I previously sent you.)
A parking facility is simply not a trip generator. Trips are generated by actual destinations or origins
such as residential units, offices, and commercial facilities. This is the basis for trip generation. It might
Printed for James Lindt <jamesl@ci.aspen.co.us> 8/16/2004
Stan Clauson. AICP, ASLA, 1?:06 PM 8/13/2004 , RE: 707 E. Hyman Concerns Page 2 of 2
be possible to argue that the provision of additional parking may encourage the conversion of some
transit trips to automobile trips, but not accepted quantification exists for this hypothesis. It is clear that
cars are circulating our streets looking for parking. This phenomenon is a pollution generator that would
be relieved to some extent by providing limited additional parking in this area. PM10 would be mitigated
by the nature of the gravel surface and application of dust suppressants as required.
• Dust Suppression methods- Staff believes additional dust will be created by increased
use of parking facilities (Staff would recommend using dust suppressant called
Calciumlignosulfanate once per year in the spring, it is the treatment that the City uses on
gravel alleyways.)
Sure.
• Fence Materials- Staff felt that using wrought iron chain did not meet the intent of the
acceptable fence materials in the code.
There is no statement of intent with respect to fence materials, so this remains open to discussion and
disagreement. However, I would discern that the intent of the fence code is to provide an attractive
separation of uses and functions through materials that do not detract aesthetically from the surrounding
area. A post and chain fence certainly accomplishes this objective for a non -historic property. It
represents a design that has been used in many parks and private settings, and certainly cannot be
compared with, say, a chain -link fence that would not have the requisite aesthetic qualities for the area. It
certainly should be noted that there are many fences in the area that have a significantly lower aesthetic
component, and which may or may not have obtained proper approval through the fence permit process.
I was thinking that a short addendum to the application addressing these issues may be the best
way to either solve some or all of these concerns, or clarify the Applicant's position on these
concerns before it gets to P & Z. Please let me know what your position is on providing a short
addendum addressing these concerns.
We can provide a letter of addendum based on these responses, but I wanted to provide them to you in
advance. I should also note that it continues to be a matter of concern that so much attention is being
devoted to this small parking facility when Benedict Commons next door is leasing spaces to the general
public without any approvals to do so.
X C.
Printed for James Lindt <jamesl a ci.aspen.co.us> 8/16/2004
PUBLIC NOTICE
RE: 707 E. HYMAN CONDITIONAL USE FOR COMMERCIAL PARKING LOT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 5, 2004 at
a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities
Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Hyman Avenue
Holdings, LLC requesting conditional use approval to operate a commercial parking lot at 707 E.
Hyman Avenue. The property is commonly known as 707 E. Hyman Ave. and is legally
described as Lots C-D, Block 105, of the City and Townsite of Aspen. For further information,
contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St.,
Aspen, CO, (970) 920-5102, jamesl@ci.aspen.co.us.
s/Jasmine Tvare, Chair
Aspen Planning and Zoning Commission
Published in the Aspen Times on September 4, 2004
City of Aspen Account
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Page 1 of 1
X-Sender: jerryn@commons
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Thu, 05 Aug 2004 14:20:24 -0600
To: James Lindt <jamesl@ci.aspen.co.us>
From: Jerry Nye <jerryn@ci.aspen.co.us>
Subject: Re: Maintenance of Gravel Parking Lot
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James: I think we should require him to do no more than what we do for alley dust control, and that is,
a dust suppressant to be applied every spring as early as the weather will permit, and i use a dust
suppressant that's called calciumlignosulfanate, ( this is a product made from the pressing of plywood,
so it's basically tree sap and a water mixture.) ( Really smells Bad) this can be purchased from GMCO
out of Rifle. or any dust suppressant that falls under this environmentally friendly definition. No Mag
chloride products should be asked for. Give lee Cassin a call for some other types of dust suppressants
that could be used in the city limits if you need them.
At 01:51 PM 8/5/2004, you wrote:
Hi Jerry,
We have a land use request in for Peter Fornell (Park Place Parking Garage guy) to be able to operate a
commercial, gravel parking lot at 707 E. Hyman. We would like him to maintain it as a gravel lot for
aesthetic and drainage purposes, but we would like them to treat the gravel to minimize dust. Do you
have maintenance suggestions or specific materials you would recommend us require of them for
keeping the dust down? Please let me know.
Thanks,
James
.lames Lindt
Aspen Community Development
920-5102
Jerry L. Nye
Streets Dept.
x 5133
file://C:\DOCUME-1\jamesl\LOCALS-1\Temp\eud23.htm 8/5/2004
Page I of 2
Reply -To: <clauson@scaplanning.com>
From: "Stan Clauson. AICP, ASLA" <clauson@scaplanning.com>
To: "'James Lindt"' <jamesl@ci.aspen.co.us>
Cc: "Peter Fornell" <ras@weaverandlester.com>
Subject: RE: 707 E. Hyman DRC Minutes
Date: Fri, 30 Jul 2004 11:10:34 -0600
Organization: Stan Clauson Associates, LLC
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Peter did not want to give up the access from Hyman Avenue and made the
point that in the prior configuration with the A -Frame on the site, even
more cars were accessing the parking area from Hyman Avenue. This plan
represents a considerable reduction from the original informal usage.
He does intend to clarify the access to the lot including the fact that
the gate would open automatically for any vehicle on entry, as long as
spaces were available. Alternately, the gate might be eliminated
entirely. In either case, the issue of queuing from Hyman Avenue would
be resolved. Peter further pointed out that the nearby Benedict Commons
underground garage has a street entry that also provides access to lease
parking.
Thanks,
Stan Clauson, AICP, ASLA
Stan Clauson Associates, LLC
200 E. Main Street
Aspen, Colorado 81611 USA
Tel: 970-925-2323
Fax: 970-920-1628
www.scgplanning.com
Planning, Permitting, and Design Solutions for Communities and Private
Sector Clients
-----Original Message -----
From: James Lindt [mailto:jamesl@ci.aspen.co.us]
Sent: 29 July 2004 2:19 PM
To: clauson@scaplanning.com
Subject: 707 E. Hyman DRC Minutes
Hi Stan,
Please find attached the DRC minutes for 707 E. Hyman. Have you had an
opportunity to speak witli Peter Fornell about whether he would be
amenable
file://C:\DOCUME—I\jamesl\LOCALS-1 \Temp\eud 1 O.htm 7/30/2004
Page 2 of 2
to flipping the parking plan for this property and have the primary
access
come from the alley rather than E. Hyman`?
Thanks,
James
file:HC:\DOCUME-1\jamesl\LOCALS-1 \Temp\eud l O.htm 7/30/2004
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and Peter Fomell (hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
Commercial Parking Lot (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 1,310 which is for 6 hours of Community Development staff time, and if actual recorded
costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY
for the processing of the application mentioned above, including post approval review at a rate of $205.00 per
planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
i;
CITY OF ASPEN
By:
APPLICANT
By:
Julie Ann Woods Peter forne)t; nagij
Community Development Director
Date:
g:\support\forms\agrpayas.doc
1 /10/01
Mailing Address:
Partner
402 Midland Avenue
Aspen, CO 81611
RETAIN FOR PERMANENT RECORD