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HomeMy WebLinkAboutLand Use Case.465 N Mill St.A95-97Case A095-9$ GMQS Text Amendments �jCGin�'lN c�- ��O c7 PARCEL CASE NAY PROJ ADI OWN/APP City of A,F REP FEES DUE waived 'LOSED:j 1015/98 PLAT SUBMITD: 1997 1 CASE11 R Julie Text Amendment — a C/SiZ: C/S/Z• `uDATE OF FINAL AC CITY COUNCIL PZ BOA, DRAG PK'T IBK,PG): ADMIN ION 1/12/98 • MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager Stan Clauson, Community Development Director FROM: Julie Anil Woods, Deputy Director Ir RE: GMQS Text Amendments DATE: January 12, 1998 • Vitt3.. SUMMARY: Staff is proposing several amendments to the GMQS procedures in the County and City Land Use Codes, as requested by the City Council and Board of County Commissioners in response to the Stage 3 appeal. Specifically, staff proposes to simplify the appeal procedure and to ents to GMQS applications prior to scoring if there is not competition for the available allotments. Staff also proposes several amendments to the City Code which would allow multi -year allotments for certain exempt projects; these amendments were proposed in association with the Highlands Base Village application, and have already been adopted by the Board. County Planning Staff is concurrently processing an additional amendment to the County Code to establish requirements for public notice for Growth Management Commission hearings, so the City and County requirements will be consistent. One section of the code where the County and City GMQS process will not be consistent is in the Growth Management Commission participation. The City Planning and Zoning Commission did not like the proposed change in how the voting would take place, and staff was directed to investigate the implications of having inconsistent voting and participation requirements between the city and county codes. Staff discussed this with the County Planning Staff and the City Attorney. Staff believes that the City P&Z is under no obligation to adopt the same voting and participation requirements as the County, however, there does need to be consistency in how the voting occurs, particularly if there is a growth management competition for allocations. Since the City P&Z were not comfortable with the voting procedures recommended, staff dropped this amendment from the rest of the proposed amendments. Staff has recommended that a joint worksession be scheduled with the County P&Z to discuss this item and growth management in general. At their meeting on October 7, 1997, the City Planning and Zoning Commission recommended approval of the proposed changes to the code, with some minor amendments, which have been included in the attachments. At the City Council's meeting on November 24, 1997, Councilman Vickery expressed concerns about the GMQS process in general and how staff determines if a project is "exceptional". Staff concurs with Councilman Vickery that a review of the GMQS Process and program is in order, and hopes to begin this discussion with the joint P&Z's in early February. The Code sections proposed to be amended are attached. Dele4 ons have been s4f �.o„, and additions are underlined. The amendments will affect the following sections of the Code: • 26.100.040: Annual Development Allotments (Exhibit A) • 26.100.060: Development Allotment Procedures (Exhibit B) • 26.102.060: Procedure and standards for development allotment (Exhibit C) STAFF COMMENTS: Appeal Procedure: The current appeal process requires an "aggrieved parry" to appeal first to the Board or Council (depending on whether the application is in the County or City) to determine if there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring. If the Board or Council overturns the scoring, the "aggrieved party" may appeal to the joint Board/Council. If the joint Board/Council determines that there was a denial of due processor abuse of discretion by the Growth Management Commission in its scoring, the joint Board/Council may take such action as it deems necessary to remedy the Growth Management Commission's scoring. Following the Stage 3 appeal, the Board and Council directed staff to simplify the procedure by removinthe initial determination by the Board or Council, since no remedy is available to the applicant at that time. An appeal directly to the joint Board/Council would still require a determination of a denial of due process or abuse of discretion before the Growth Management Commission's scoring could be overturned and a remedy could be considered. The Code also provided a separate procedure for appeals made by the Board or Council, which allows the Board or Council to file a direct appeal to the joint Board/Council. This procedure is consistent with the "streamlined" appeal discussed above, except that the Board or Council is not required to file an appeal within a specific amount of time. Staff recommends that all appeals should be required to be filed within 14 days of the Growth Management's public hearing, and then the separate appeal procedure for the Council or Board is not necessary. Amendments to Applications: The City Code and the "old" County Code (pre-1994) only allows GMQS competitors to amend an incomplete application to make "technical corrections or_ clarifications". The "new" County Code allowed GMQS competitors to make substantive changes to applications prior to scoring, if there was only one competitor. This provision is still applicable in the non -metro area of the County, but was inadvertently omitted from the metro area revisions that were adopted in 1995. In the metro area, an applicant may only amend an incomplete application to make technical corrections or clarifications. Following the Stage 3 appeal, the Board and Council directed staff to process code amendments to allow applicants to make substantive changes to their applications only when there is no competition -for available allotments, in order to present the best possible project to the Growth Management Commission 2 • for scoring. Staff determined that "no competition" should not be limited to only one competitor but should allow all competitors to amen eir applications, if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Staff has proposed to make this amendment to the metro and non -metro area procedures as well as the commercial and office GMQS procedures to maintain consistency. Multi -year Allotments for Mixed Development: The City and County Codes include provisions for multi -year allotments for 100% affordable housing projects and "non-exempt" projects, but not for "exempt" mixed free-market/affordable_ housing projects. The County recently adopted amendments, which were proposed in association with the Highlands Base Village application, to allow mixed free-market/affordable housing projects in the AHO/PUD, AH2/PUD and AH3/PUD zone districts to request multi -year allotmen . The Highlands application stated that it was an oversi on a part o e County when the mixed free-market/AH zone districts were adopted that the Code was not amended to allow developments in these zone districts to request multi -year allotments. To be consistent, staff proposes to amend the City Code to allow developments in the AH1/PUD zone district to request multi -year allotments. RECOMMENDATION: Staff recommends that the City Council approve on second reading the proposed GMQS code amendments recommended in the staff report dated January 12, 1998, as set forth in the attached ordinance. RECOMMENDED MOTION: "I move to approve Ordinance #37, Series of 1997 on second Reading." CITY MANAGER'S COMMENTS: Attachments: Exhibit A 26.100.040: Annual Development Allotments Exhibit B 26.100.060: Development Allotment Procedures Exhibit C 26.102.060: Procedure and standards for development allotment Exhibit D Planning and Zoning Commission Resolution 97- y5 Exhibit E Ordinance No. 37, Series of 1997 g:\p1a ing\asp.\—.\1c.1\gmgscc EXHIBIT A Chapter 26.100 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.100.040 Annual development allotments. The residential and tourist accommodations growth management quota system's method of establishing annual development allotments has been designed to be as fair and flexible as possible. It establishes pools of development allotments that are available for use by metro area exempt and non-exempt projects during one-year periods, running from June 1 to May 31. The system allows allotments to be "borrowed" from future years if necessary to accommodate very high -quality projects. The Metro Area development ceilings are based upon a 23year growth period. Allotments may be borrowed from future growth management years to accommodate exceptional high qualityprojects. The Gify Getineil may b,,....aw allotments ffem either- thee beeinnine or the end of the 23 Year- efwmh ^�to aeeomrne ate ieh auality i3r-eieeAs a result of the flexibility that has been built into the allotment system, the number of allotments available during any one year may vary. A. Establishment of allotment pools. Base allotment pool. The base annual allotment pool corresponds to the desired annual growth rate for the metro area. It is established solely for the purposes of measuring changes in actual allotment levels and for calculating the maximum number of allotments available each year, pursuant to Section 26.100.040(A)(3). The following base annual allotment levels are hereby established for the entire metro area: Development Type Base Allotments Tourist Accommodations 11 units Free Market Residential 4 units Free Market Residential, AH Associated 8 units Resident Occupied 8 units Affordable Housing 43 units 2. Reserve pool. The Aspen Area Community Plan calls for some development allotments to be reserved each year for use by projects that are subject to growth management competition and scoring (non-exempt development). Consequently, until the close of each year's growth management competition and appeals period, the following allotments shall be reserved for use by non-exempt development only: Development Type Reserve Allotments Tourist Accommodations 6 units Free Market Residential 2 units • • If these reserved units remain unused following the close of the growth management competition and appeals period, any remaining allotments shall be made available for use by exempt development. In the case of remaining, "Free Market Residential Non -Exempt" allotments, such units shall be available for allocation to any form of "Free Market Residential" development. 3. Maximum allotment pool. The maximum number of allotments available within a single year will vary based on at least two factors: (1) the number of allotments granted in previous years and (2) whether the City Council authorizes the use of optional multi -year allotments, pursuant to Section 26.100.040(B). This section establishes the method by which the maximum annual allotment pools for residential and tourist accommodations development shall be calculated. a. Standard maximum allotment pool formula. No later than June 1 of each year, the Community Development Director shall calculate the number of development allotments available during the upcoming year using the following formula: Standard Maximum Allotment Pool = B + A Where: B = base allotment A = accumulated allotment deficit/surplus (from preceding years; as compared to base allotment) In no case shall fewer than the reserve allotment pool be available b. Optional (multi -year) maximum allotment pool formula. The following formula shall be used by the Community Development Director to calculate the number of allotments available for "exceptional' projects (See Section 26.100.040(B)) that include free market units. The number of allotments available in the optional (multi -year) pool shall be calculated no later than June 1 of each year. Optional (Multi -Year) Maximum Allotment Pool = (5xB)-(4xR)+A Where: B = base allotment R = reserve allotment A = accumulated allotment deficit/surplus (from preceding years; as compared to base allotment) C. Optional (multi -year) one hundred (100) percent affordable housing allotment pool formula. The following formula shall be used by the Community Development Director to calculate the number of allotments available for "exceptional" projects (See Section 26.100.040(B)) that are totally comprised (one hundred (100) percent) of affordable housing. This formula shall also be used to determine the number of available Resident Occupied (RO) units without regard to the annual limitations, up to a cumulative ceiling of one hundred (100) RO units. The number of allotments available in the optional (multi -year) one hundred (100) percent affordable housing allotment pool shall be calculated no later than June 1 of each year. Optional (Multi -Year) 100% Affordable Housing Allotment Pool = (1 OB)-(9R)+A Where: B = base allotment R = reserve allotment A = accumulated allotment deficit/surplus (from preceding years; as compared to base allotment) d. Establishment of maximum pool levels. The maximum allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool" formula of this section shall constitute the maximum allotment available for the year, unless the City Council approves the use of "Optional (Multi -Year) Maximum Allotments" pursuant to the provisions of Section 26.100.040(B). Regardless of the number of allotments yielded by the "Standard Maximum Allotment Pool" formula, the reserve pool allotments of Section 26.100.040(A)(2) shall be available each year. e. Use of allotments in maximum allotment pool. Allotments in the maximum allotment pool shall be available for use as follows. (1) Development subject to growth management competition and scoring. Development that is subject to growth management competition and scoring (non-exempt) shall be entitled to use only those allotments in the reserve pool established pursuant to Section 26.100.040(A)(2). Any reserve pool allotments remaining after the close of the annual growth management competition and appeals period shall be added to the pool of allotments available for use by development that is not subject to competition and scoring (exempt development). (2) Development not subject to growth management competition and scoring. Because some units from the maximum allotment pool must be reserved each year until after growth management competition, the number of allotments available for use by development that is not subject to growth management competition and scoring (exempt development) will likely vary at different times of year. The number of allotments available for use by development that is not subject to competition and scoring shall be calculated as follows: (a) Pre -competition: No later than June 1 of each year, the Community Development Director shall calculate the number of development allotments available for use by exempt development using the following formula: Pre -Competition Exemption Allotment Pool = (M-R) _ 2 Where: M = Maximum Allotment Pool R = Reserve Pool (b) Post -competition: No later than one day after the close of the growth management competition and appeals period, the Community Development Director shall calculate the number of development allotments available for use by exempt development using the following formula: Post -Competition Exemption Allotment Pool = (P+R) - 2 Where: P = Units Remaining from Pre -Competition Exemption R = Units Remaining from Reserve Pool 3 B. Optional multi -year maximum allotments for "exceptional" projects. 1. Award of optional multi -year maximum allotments. When the "Optional (Multi - Year) Maximum Allotment Pool" formula of Section 26.100.040(A)(3) yields available allotment pool levels that exceed the allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool' formula of Section 26.100.040(A)(3), the City Council shall be authorized to make optional multi -year allotments available to "exceptional" non-exempt developments and to "exceptional' exempt developments located in the AHl/PUD zone district and non exempt pr-eje . "Optional (Multi -Year) Maximum Allotments" shall be made available only to specific projects, and in the event that the allotments expire or are otherwise unused after being awarded, they shall not be carried over as surplus allotments or be transferred to other projects. 2. Approval criteria. Because the award of optional multi -year maximum allotments may result in fewer allotments being available in subsequent years, the use of optional multi -year maximum allotments shall be reserved for exceptional non-exempt projects that show Criteria of Seetion 26.100.080 and (2) in adopted plans and studies exceed the minimum score for an allotment established in Section 26.100.080 or for "exceptional' exempt projects located in the AH 1 /PUD zone district that meet the minimum score for an allotment established in Section 26.100.080. The Growth Management Commission may recommend and the City Council may award optional multi -year maximum allotments as part of its ranking and allocation review conducted pursuant to Section 26.100.060(C). a. Community planning criteria. In order to be eligible for the award of optional multi -year maximum allotments, projects shall be required to demonstrate to the satisfaction of the Growth Management Commission and City Council that all of the following criteria [26.100.040(B)(2)(a)(1) through 26.100.040(B)(2)(a)(7)] have been met. (1) The quality of the proposed development substantially exceeds that established in the minimum threshold for the scoring established in Section 26.100.060(C)(5); (2) The proposal maximizes affordability, consistent with housing needs established as priority through the current AH Guidelines; (3) The proposal integrates a mixture of economic levels and housing for a variety of lifestyles (e.g., singles, seniors and families); (4) The proposal minimizes impacts on infrastructure by incorporating innovative, energy -saving site design, structural design characteristics or other techniques that minimize the use of water, heating and sewage disposal; (5) The proposal incorporates or integrates with an existing local based economy (i.e., sustainable local businesses); (6) The proposal accomplishes a level of design and site plan ingenuity that advances the community goals expressed in the Aspen Area Community Plan; and (7) The proposed project represents an exceptional commitment to advancing the visions, goals and specific action items of the Aspen Area Community Plan, particularly those described in the scoring criteria of this chapter (Sections 26.100.080(C)(1), 26.100.080(C)(2), 26.100.080(C)(3) and 26.100.080(C)(4)). 4 b. General ga yAh fn uauso aei# e-ite iiu. The City CVuneit shall not award optional (multi year) allotments I.Ioss the !.,.t1Management !, a City C t i , affif rlmiye findings finds that the f ll.,.. ing e. nditions exist. b. After consideration of the recommendation of the Growth Management Commission,T-he City Council may award optional (multi -year) allotments if a project complies with the following standards:. (1) The site design of the proposed development makes construction phasing infeasible. This requires but is not limited to a demonstration that economies of scale will result from construction occurring at once; the proposed development is intended as a single building that cannot easily be constructed or operated in phases; and the public facility investments for the proposed development, such as roads, water and sewer facilities, must all be installed at the initiation of the project, making phasing economically unrealistic; (2) The impacts of construction of the proposed development on the surrounding neighborhood and the metro area as a whole will be reduced by construction at one time rather than phasing it over two (2) or more construction periods; and (3) The community is capable of absorbing the accelerated rate at which impacts on services and public facilities will be experienced. It shall be considered sufficient evidence of service and public facility availability if it can be demonstrated that sufficient capacity is available in the following public facilities to accommodate the metro area's planned rate of growth and the accelerated rate due to the proposed development: Transportation (including airport, roads, transit and parking), utilities (including water, sewer, electric, gas and drainage), affordable housing, park and recreation facilities, solid waste facilities, police and fire protection facilities, hospitals and schools. C. Unallocated surplus allotments. If, on May 31, unallocated development allotments remain unused they shall automatically be treated as "surplus" allotments and be added to the pool of allotments available in successive years [see formula, Section 26.100.040(A)(3)]. This automatic carryover provision notwithstanding, the City Council, following a public hearing for which notice has been given pursuant to Section 26.52.060 (E)(3)(a), shall be authorized to deny the carryover of allotments and to delete any remaining surplus allotments. In making its decision, the City Council shall consider the following 1. The community's growth rate over the preceding five-year period; 2. The ability of the community to absorb the growth that could result from a proposed development that is granted the unallocated allotments, including issues of scale, infrastructure capacity and community character; and 3. The expected impact from approved developments that have already obtained allotments or exemptions, but that have not yet been built. (Ord. No. 9-1993, § 2; Ord. No. 54- 1994: Code § 8-104) EXHIBIT B Chapter 26.100 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.100.060 Development allotment procedures. A. General. 1. Number of development applications. No more than one development application for any parcel shall be considered in one year, unless each development application is submitted for an allotment in a different land-use/development category. 2. Multi -site development applications. For any proposed development that is located on two or more parcels, the points awarded to each shall be weighted by the number of units to be constructed on each parcel and a weighted value calculated for the points in each category. 3. HPC conceptual approval. In the event that historic preservation committee (HPC) approval is needed for any proposed project, the committee's conceptual approval must be secured prior to submitting an application for a development allotment. The applicant shall be required to secure final approval of the project from the committee prior to submission of an application for a building permit. 4. Consolidated applications. Development applications for any development activity that is consolidated with a development application for allotment shall only receive final approval to the extent to which the project obtains necessary development allotments. B. Allocation procedures for exempt development. 1. Application deadline. Applications are taken and granted allocations on a first - come -first -served basis beginning on June 1 of each year. An application for an exemption or for a development allotment for exempt development may be submitted to the Community Development Director at any time of the year. 2. Application contents. An application for development allotments for exempt development shall be submitted in a form established by the Community Development Director and made available to the public. 3. Procedure. For exempt development: A development application for a development allotment for exempt development shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and review and approval in accordance with Section 26.100.050, development allotments shall be allocated on a first -come - first -served basis, provided that all applications submitted on the same day shall be construed to have been submitted at the same time. In the event that the number of development applications submitted on the same day exceeds the number of development allotments available, a random drawing shall be held to determine the order in which allocations are granted. Those applications that do not receive a development allotment in the random drawing shall remain valid until the following May 31. In the event that additional allocations become available on or before May 31, development allotments shall be allocated on the basis of the original random drawing. If allotments are available after awarding allotments to those applications included in the random drawing, they shall again be made available to applications on a first -come -first -served basis, U • based on the date of submittal. If development allotments have not been allocated to an application by May 31, that application shall expire and be ineligible for allocation until a new application is submitted. 4. Ffor "exceptional" exempt projects located in the AHl/PUD zone district. The procedures established in Section 26.100.060(C)(3) shall be followed to evaluate exempt projects seeking optional multi -year maximum allotments. An applicant may challenge or appeal scores awarded by the Growth Management Commission by following the procedures in Section 26.100.060(D). C. Allocation procedures for non-exempt development. 1. Application deadline. A development application for a development allotment for non-exempt development shall be submitted to the Community Development Director pursuant to Common Procedures, Chapter 26.52, on or before the following dates: Land Use/Development Type Submission Date Tourist Accommodations August 1 Residential November 2. Application contents. An application for development allotments for non-exempt development shall be submitted in a form established by the Community Development Director and made available to the public. 3. . Staff Review. A development application for a development allotment for non-exempt development shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and a recommendation for scoring by the Community Development Director, such applications shall be reviewed and recommended for the award of development allotments in accordance with the procedures and standards of this section. An applicant shall eft!y may amend an incomplete application to make technical corrections or clarifications. An applicant may also may make substantive changes to a complete application prior to scoring if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Complete applications may not be amended prior to scoring if there are not sufficient allotments available. The appliea4ien shall be 4. Growth Management Commission meeting procedures. The Chairperson of the Growth Management Commission may establish time limits for each part of the meeting prior to the beginning of the discussion. If oral presentations are limited due to time constraints, anyone may submit written testimony to the official record or the proceedings. a. Community Development staff shall present a summary of staffs review of the applications based upon the scoring criteria. b. The applicant or applicant's representative shall present comments regarding the annlication(s)' consistency with the scoring criteria. C. Citizens in attendance at the public hearing, including other applicants competing for an allotment, shall be provided the opportunity to comment. d. The Growth Management Commission shalmay ask questions of staff, applicant(s) or citizens and make comments regardingthe he application(s). 2 o crrrccxrs-aiiaaii'e Euirrs when and rro the -circrrrzrceessar-N, to-ccr di ,.1 e.€. The Growth Management Commission shall score the application(s) on the score sheets provided by the staff and submit their score sheets for the staff to calculate the overall score for the application(s) pursuant to Section 26.100.060(CX51. 5. After the public hearing is officially closed, the Growth Management Commission shall consider and score each application based on the scoring_ criteria in Section 26.100.080, The following scoring procedures shall be adhered to: a. Each Growth Management Commission member shall assign a whole number score (not a fractional number) to the project. b. Following the initial scoring, commission members shall be free to discuss individual scores and to offer justification for such scores. C. Following the close of Growth Management Commission discussions regarding initial scoring, a final scoring round will be held, during which each Growth Management Commission member shall again identify the number of points, expressed as whole numbers, assigned to the project. Growth Management Commission members shall be free to revise the number of points awarded to a project between the preliminary and final scoring rounds. d. After the close of the final scoring round, a project's final average score shall be calculated by (1) totaling the commissioners' individual scores and (2) dividing that total by a number equal to the number of commissioners who participated in the final scoring round. Final average project scores shall be calculated for each of the four growth management scoring criteria of Sections 26.100.080(C)(1-4), and a cumulative score shall be calculated for the criteria as a whole. The final average cumulative score calculated pursuant to this provision shall constitute the projects final score. e. Projects shall be ranked in order of their final average scores. f. The project rankings and any recommendations for the award of optional maximum allotments shall be forwarded by resolution to the City Council and Board of County Commissioners. 64. Actions required for approval of allotments. Since the Growth Management Quota System applies throughout the Aspen Metro area, no growth management allocation shall be awarded unless the City Council and Board of County Commissioners both accept the recommendation of the Growth Management Commission. The procedures governing challenges and appeals are set out in Sections 26.100.060(D) and (E). 75. Minimum scoring thresholds required for allocation. No growth management allocation shall be awarded to projects that do not receive a final average score of at least three points for each of the growth management scoring criteria of Sections 26.100.080(C)(1), 26.100.080(C)(2), 26.100.080(C)(3) and 26.100.080(C)(4). $g. Identical point totals. In the event that two or more non-exempt development applications receive identical point totals, and one or more must be approved to the exclusion of others because insufficient allotments are available, the Growth Management Commission shall reconsider the tying projects and apply the following criteria, in sequence, until the tie is broken: a. The project that received the higher point total in the greatest number of scoring categories shall be considered first in eligibility for an allotment. 3 b. The project that was awarded the greatest number of points for "revitalizing the permanent community" shall be considered first in eligibility for an allotment. C. The project that was awarded the greatest number of points for "providing transportation innovations" shall be considered first in eligibility for an allotment. d. The project that was awarded the greatest number of points for "promoting environmentally sustainable development" shall be considered first in eligibility for an allotment. D. Challenges and appeals ofmade-by aggrieved parties, ef�City Council, or the Board of County Commissioners. seer-ing of the Gr-evAh Management Conffnission. The City Couneil's review of an appeal shall limited to detefmining whether- there was a denial of dtie pr-eeess or- abuse of diser-efien by thee Gfwmh Management Commission in its seor-ing. Any appeals must be filed within fourteen (14) days of the Gr-eA4h Management Commission's public hearing by filing a nefiee of appeal wit the Community Development Dkeeten 7 in «oo oal, f`�,..the City neil shall eensider- the deyel.,... en4 applieations based on the r-eeor-d established by the Gfwmh Management Commission. The Cit�, Getmeil shall affifm the seer-ing of the Growth Management Commission unless it deteffflines that there was a denial of due Pr-eees-S A-;-: -ah-use ef diseFetion by the Gr-eA4h ManagefneH4 f`.,n. nisi, ; its seering, in ,.t,ieh case the City (`.,,. eil shall a ,et4uf the ll,.,,-mh the &wmh Management Commission, that aetien shall eenstitute the final administrative eFde appellant may file an appeal of the Gr-wmh Management GeFmnissien's seer-ing with the j eifit 31. Upon receipt of the Growth Management Commission's ranking of development applications, the j9int City Council/Board of County Commissioners shall consider any appeals made by either the City Council or Board of County Commissioners or by persons aggrieved by the scoring. An appeal to the joint City Council/Board of County Commissioners shall be filed within fourteen (14) days of the Growth Management Commission's public hearing by filing a notice of appeal with the Community Development Director. Am appeal to the jein4 City GeHnGWBear-d of Getwty Gen�hmissiener-s shall be filed within feul4een (14) days of the Cky Getineil's deeisien on the maaer- by filing a nefiee of appeal with the Community Developme nir-eetef. A joint City Council/County Commissioners meeting shall be called within thirty (30) days of the date that the appeal is filed. In reviewing an appeal, the joint City Council/Board of County Commissioners shall act on the basis of the record established by the Growth Management Commission. The appellant shall have the burden of persuasion in the appeal. 2. The joint City Council/Board of County Commissioners shall affirm the scoring of the Growth Management Commission unless it determines that there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring, in which case the joint City Council/Board of County Commissioners shall take such action as it deems necessary to remedy the Growth Management Commission's action. Remedies available to the joint City Council/Board of County Commissioners shall include, but not be limited to amending the number of points awarded or remanding the development application to the Growth Management Commission for rescoring. 4 3. A quorum of the joint City Council/Board of County Commissioners shall be comprised of at least three members of the Aspen City Council and at least three members of the Pitkin County Board of County Commissioners. No meeting of the joint City Council/Board of County Commissioners shall be called to order without a quorum and no meeting at which less than a quorum is present shall act on an appeal other than to continue it to a date certain. All actions shall require the concurring vote of a simple majority of the members then present and voting. A tie vote by the joint City Council/Board of County Commissioners shall be deemed a decision to uphold the Growth Management Commission's scoring. 4. The decision of the joint City Council/Board of County Commissioners shall constitute the final administrative order on the matter. E. Challenges and appeals made by City Couneil or- Board of County i . An appeal to the joint City Couneil/Bomd of County Commissioners may be filed by either the City !`oune:l of Board of Count), !-'oFfi niss o ers et a tifne by fling ., notice o with the Community Development in event f stie , ., joint City appealeyereet rn t Couneil/County Commissioner-s fneeting shall be ealled within thii4y (30) days of the date th oappeal, „ the appeal is filed. in r appeal, the joint City !`.,,,neil/I2e r.l of County Commissioners shall aet on the basis of the r-eeor-d established by the Gr-emh Managemen Commission. The appellant shall have the bufden of per -suasion in the appeaI7 Grwmh Management Commission uniess it detefmines that there was a denial of due pfeeess of abuse of discretion by the Gfe..,tl, Management Commission in its seer-ing, in whichto remedy the Gramh Management e tl,e joint City Counei!/Bear-d of Count), Commissionefs shall take such aetion as it deems neeessary i s. aetion. Remedies available to the joiPA City CouneWBOar-d of County Cefnfnissienefs shall inelude, but not be limited to amending -the number- of points awar-ded of remanding the development applieation to the Gfe-mh ManagemepA Commission f^ A quor-umf the joint City C,,, nei /Beat l f !`oust., Conimissioner-s shall beeompr-ised- of County Board of County Commissioners. NE) meeting E)f the joint Gity CeuneWBeafd of Count Conmnissioners shall be ealled to or -der -without a quarum and no fneeting at whieh less than . present shall aet on an appeal other- than to eontinue it to a date eef4ain. All aetions shall r-equife the eeneuffing vete of a simple major-ity of the members then present and voting. tie vote by the joint City Couneil/Bear-d of Count), Commissioner-s shall be deemed a deeision to uphold the !'_r`....rl, 1\,T.,nage„.e.,t Commission's The deeision of the joint City CeuneWBear-d of County Commissioner-s shall eenstitute the final e.l.,, inistr.,tiye ofder- o the ,.,otter FE. Allocation. Following the conclusion of all protest hearings, the City Council shall, by resolution, allocate development allotments among eligible applicants who meet the minimum threshold established in Section 26.100.060(C)(5) in the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by this chapter or any other regulations of the city. Those development applications that have not met the minimum threshold established in Section 26.100.060(C)(5) shall be denied. R GE. Assignability and transferability of allotments. Development allotments shall not be assignable or transferable'independent of the conveyance of the real property on which the development allotment has been approved. (Ord. No. 54-1994: Code § 8-106) 6 • 0 EXHIBIT C Chapter 26.102 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS)--COMMERCIAL AND OFFICE DEVELOPMENT Sections: 26.102.010 Purpose. 26.102.020 Applicability. 26.102.030 Annual development allotment. 26.102.040 Exemptions. 26.102.050 Rules of general applicability. 26.102.060 Procedure and standards for development allotment. 26.102.070 Amendment of development order. 26.102.080 Expiration of development order. 26.102.090 Affordable housing. [NOTE: Because of the length of this chapter, only the applicable subsection is reprinted here with changes as noted.] 26.102.060 Procedure and standards for development allotment. A. Annual submission dates. A development application for a commercial or office development allotment for the following types of development shall be submitted to the Community Development Director pursuant to Common Procedures, Chapter 26.52, on or before September 15. B. Application contents. A development application shall consist of twenty-one (21) copies of the following information: 1. The general application information required in Section 26.52.030. 2. A written description of the proposed development including statements about: a. How the proposed development shall be connected to the public water system, including information on main size and pressure; the excess capacity available in the public water system; the location of the nearest main; and the estimated water demand of the proposed development. b. How the proposed development shall be connected to the public sewage treatment system; the access capacity available in the public sewage treatment system; the nearest location to the building site of a trunk or connecting sewer line; and the expected sewage treatment demand of the proposed development. 7 C. The type of drainage system proposed to handle surface, underground and runoff waters from the proposed development, and the effect of the development on historic drainage patterns. d. The type of fire protection systems to be used, (such as hydrants, sprinklers, wet standpipes, etc.); and the distance to the nearest fire station and its average response time. e. The total development area of the proposed development; the type of housing or development proposed; total number of units and bedrooms, including employee housing; and a tabular analysis outlining the proposed development's compliance with the dimensional and use requirements of this title. f. The estimated traffic count increase on adjacent streets resulting from the proposed development; a description of the type and condition of roads to serve the proposed development; the total number of vehicles expected to use or be stationed in such development; the hours of principal daily use on adjacent roads; the on- and off -site parking to be supplied to the proposed development; location of alternate transit (bus route, bike paths, etc.); any automobile disincentive techniques incorporated in the proposed development; whether roads or parking areas will be paved; and methods to be used for snow and ice removal on streets and parking lots. g. The method by which affordable housing will be provided, in conformance with the provisions of Section 26.102.090, and a description of the type and amount of such housing to be provided. h. The type of stoves and fireplaces to be installed, including those using wood, coal, gas or other fuels, the number of such stoves and fireplaces, and any emission control devices used on the stoves or fireplaces. i. The location of the proposed development relative to proposed or existing parks, playgrounds, schools, hospitals, airports, mass transit systems, and the estimated increased usage of such facilities by the proposed development. j. The location of the proposed development relative to existing and proposed retail and service outlets, and the estimated increased demand on such outlets from the proposed development. This does not apply for a development application for commercial/office development. k. The effect of the proposed development on adjacent land uses. 1. The construction schedule for the proposed development, including, if applicable, a schedule for phasing construction. 3. A site utilization map including: a. Preliminary architectural drawings in sufficient detail to show building size, height, materials, insulation, fireplaces, stoves, solar energy devices (demonstrating energy conservation or solar energy utilization features), type of units, internal configuration of principal, accessory and other spaces, and location of all buildings (existing and proposed) on the site. b. Proposed landscaping, screening, attempts at preserving natural terrain and open space, amenities to be provided on -site, and proposed underground utilities. C. Motor vehicle circulation, parking, bus and transit stops, and improvements proposed to insure privacy from such areas. d. Any major street or roads, pathways, foot, bicycle or equestrian trails, and greenbelts. 8 e. A general description and location of surrounding existing land uses, and an identification of the zone district boundary lines, if applicable. C. RESERVED D. Development review procedure. A development application for a development allotment shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and a recommendation for scoring by the Community Development Director, the application shall be scored by the commission at a public hearing and then the scores shall be forwarded to city council for their allocation of development allotments at a hearing. -An appliean4 shall only amend an ineemplete applieation to make teehnieal eeFfeefiens 0 el e-atiens, and the ie-atien shall seered by theeenimission. An applicant shall may amend an incomplete application to make technical corrections or clarifications. An applicant may also make substantive changes to a complete application prior to scoring if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Complete applications may not be amended prior to scoring if there are not sufficient allotments available. E. Commercial and office development standards. A development application requesting development allotments for commercial and office development shall be assigned points by the commission pursuant to the following standards and point schedules: 1. Quality of design (maximum eighteen (18) points). Each development application shall be rated based on the quality of the exterior of its buildings and site design and assigned points according to the following standards and considerations: 0--A totally deficient design; 1--A major design flaw; 2--An acceptable (but standard) design; or 3--An excellent design. The following features shall be rated accordingly: a. Architectural design (maximum three (3) points). Considering the compatibility of the proposed development (in terms of scale, siting, massing, height, and building materials) with existing neighboring developments. b. Site design (maximum three (3) points). Considering the quality and character of the proposed landscaping and open space areas, the amount of site coverage by buildings, the extent of underground utilities, and the arrangement of improvements for efficiency of circulation, including access for service, increased safety and privacy, and provision of snow storage areas. C. Energy conservation (maximum three (3) points). Considering the use of passive and/or active energy conservation techniques in the construction of the proposed development, including but not limited to insulation, glazing, passive solar orientation, efficient heating and cooling systems and solar energy devices; the extent to which the proposed development avoids wasting energy by excluding excessive lighting and inefficient woodburning devices; and the proposed development's location, relative to whether solar gain can be expected to reasonably result in energy conservation. d. Amenities (maximum three (3) points). Considering the provision of usable open space, pedestrian and bicycle ways, benches, bicycle racks, bus shelters, and other common areas for users of the proposed development. 6 e. Visual impact (maximum three (3) points). Considering the scale and location of the buildings in the proposed development to prevent infringement on designated scenic viewplanes. f. Trash and utility access areas (maximum three (3) points). Considering the extent to which required trash and utility access areas are screened from public view; are sized to meet the needs of the proposed development and to provide for public utility placement; can be easily accessed; allow trash bins to be moved by service personnel, and provide enclosed trash bins, trash compaction or other unique measures. 2. Availability of public facilities and services (maximum ten (10) points). Each development application shall be rated on the basis of its impact upon public facilities and services by the assigning of points according to the following standards and considerations: 0--Proposed development requires the provision of new public facilities and services at increased public expense; 1--Proposed development may be handled by existing public facilities and services, or any public facility or service improvements made by the applicant benefits the proposed development only, and not the area in general; or 2--Proposed development improves the availability of public facilities and services in the area. In those cases where points are given for the simultaneous evaluation of two (2) services (i.e., water supply and fire protection) the determination of points shall be made by averaging the scores for each feature. a. Water supply/fire protection (maximum two (2) points). Considering the ability of the water supply system to serve the proposed development and the applicant's commitment to install any water system extensions or treatment plant or other facility upgrading required to serve the proposed development. Fire protection facilities and services shall also be reviewed, considering the ability of the appropriate fire protection district to provide services according to established response times without the necessity of upgrading available facilities; the adequacy of available water pressure and capacity for providing fire fighting flows; and the commitment of the applicant to provide any fire protection facilities which may be necessary to serve the proposed development b. Sanitary sewer (maximum two (2) points). Considering the ability of the sanitary sewer system to serve the proposed development and the applicant's commitment to install any sanitary system extensions or treatment plant or other facility upgrading required to serve the proposed development. G. Public transportation/roads (maximum two (2) points). Considering the ability of the proposed development to be served by existing public transit routes. The review shall also consider the capacity of major streets to serve the proposed development without substantially altering existing traffic patterns, creating safety hazards or maintenance problems, overloading the existing street system or causing a need to extend the existing road network and consider the applicant's commitment to install the necessary road system improvements to serve the increased usage attributable to the proposed development. d. Storm drainage (maximum two (2) points). Considering the degree to which the applicant proposes to maintain historic drainage patterns on the development site. If the development requires use of the city's drainage system, the review shall consider the 10 commitment by the applicant to install the necessary drainage control facilities and to maintain the system over the long-term. e. Parking (maximum two (2) points). Considering the provisions of parking spaces to meet the commercial and/or residential needs of the proposed development as required by Chapter 26.28, and considering the design of the parking spaces with respect to their visual impact, amount of paved surface, and convenience and safety. 3. Provision of affordable housing (maximum fifteen (15) points). a. General. Each development application shall be assigned points for the provision of housing which complies with the housing size, type, income and occupancy guidelines of the city, and with the provisions of Section 26.102.090. b. Assignment of points. Points shall be assigned as follows: (1) Zero (0) to sixty (60) percent of the additional employees generated by the proposed development: One (1) point for each six (6) percent housed; (2) Sixty-one (61) to one hundred (100) percent of the additional employees generated by the proposed development: One (1) point for each eight (8) percent housed. The following standard shall be used in calculating the number of full-time equivalent employees generated by the proposed development: Commercial Core (CC) and Commercial (C-1): leasable), based Neighborhood Commercial (NC) & Service/Commer/Industrial (S/C/1): Office (0): Commercial Lodge (CL) and other: 3.50 to 5.25 employees/1,000 sq. ft. (net on review of the city council's housing designee; 2.30 employees/1,000 sq. ft. (net leasable); 3.00 employees/1,000 sq. ft. (net leasable); 3.50 employees/1,000 sq. ft. net leasable). If it is determined that the proposed development generates no new employees, it shall be awarded the full fifteen (15) points available within this section. In order to determine the percentage of employees generated by the proposed development who are provided with housing, the commission shall use the following criteria: Studio: 1.25 residents; One -bedroom: 1.75 residents Two -bedroom: 2.25 residents; Three -bedroom or larger: 3.00 residents; Dormitory: 1.00 resident per one hundred fifty (150) per square feet of unit space. 4. Bonus points (maximum four (4) points). Bonus points may be assigned when it is determined that a proposed development has not only met the substantive standards of Section 26.102.060(E)(1) through 26.102.060(E)(3), but has also exceeded the provisions of these sections and achieved an outstanding overall design meriting recognition. An award of additional bonus points shall not exceed ten (10) percent of the total points awarded under Section 26.102.060(E)(1) through 26.102.060(E)(3). Any commission member awarding bonus points shall provide a written justification of that award for the public hearing record. 5. Competitive thresholds. A development application for a commercial or office allotment shall be required to meet all of the following thresholds to be eligible for an allocation: a. The proposed development shall be required to receive a minimum of sixty (60) percent of the total points available under Section 26.102.060(E)(1) and 26.102.060(E)(2); and b. The proposed development shall be required to receive a minimum of forty (40) percent of the points available under each of Section 26.102.060(E)(1) and 26.102.060(E)(2); and C. The proposed development shall be required to provide affordable deed restricted housing (according to the standards of Section 26.102.090) for a minimum of.sixty (60) percent of the employees generated by the proposed development using the standards of Section 26.102.060(E)(3). F. Ranking formula. Development applications for development allotments shall be recommended for the award of development allotments in accordance with the following ranking formula. 1. Each commission member voting on the development application shall identify the number of points assigned to the project. 2. The total number of points awarded to the project, divided by the number of members voting, shall constitute the project's average score. 3. The projects shall be ranked according to the average points each shall have received, highest to lowest. 4. The ranking of the development applications shall then be forwarded to the city council. G. Challenges. 1. Upon receipt of the commission's ranking of the development applications, the city council shall consider any challenges by an applicant. The city council review of a challenge shall be limited to determining whether there is a denial of due process or abuse of discretion by the commission in its scoring. Any challenges must be filed by the applicant within fourteen (14) days of the public hearing by the commission scoring and ranking the development application. 2. In reviewing a challenge, the city council shall consider the development applications based on the record established by the commission. The city council shall affirm the scoring of the commission, unless it determines that there was a denial of due process or abuse of discretion by the commission in its scoring, in which case the city council shall take such action as it shall deem necessary to remedy the commission's action. Remedies available to city council shall include, but not be limited to amending the number of points awarded to any protesting applicant or remanding the development application to the commission for rescoring. H. Allocation. Subsequent to the conclusion of all protest hearings, the city council shall, by resolution, allocate development allotments among eligible applicants who shall have met the minimum threshold established in Section 26.102.060(E) in the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by this chapter or any other regulations of the city. 12 Those development applications which have not met the minimum threshold established in Section 26.102.060(E) shall be considered denied. (Ord. No. 54-1994: Code § 8-206) 13 • said Council needs to answer policy questions, such as how much public access would the Council expect from a private purchaser, can free market rates be charged for horses. Ms. Margerum said staff can do the master planning and come back to Council and find out the policy answers on housing, how much housing, where would the housing be located. Councilman Vickery said Council should open the process to anyone who is interested and then council can look at which proposal suit the long term goals of the City. McFlynn said there are a lot of restrictions on this property and anyone interested would have to do a lot of research to find all these restrictions. McFlynn said people interested should know Council's minimum matrix of conditions. Mayor Pro Tem Richards agreed there should be a packet of material available that is all the technical information, the restrictions on the land, what is known about operations, maintenance capital and the county process. Ms. Margerum suggested a representative of the county on the task force so that the master plan will fit that of Pitkin County. Kathy Honea, operator, told Council she has worked hard on public access in all equestrian disciplines and making it open for everyone. People who do not board horses there can bring them in for riding. Ms. Margerum suggested staff take this information, brainstorm and come back to Council with a specific process, a one page outline of where the city is going with Cozy Point. Mayor Pro Tem suggested contacting the county to see if they are interested in a master plan process with the city. Councilman Markalunas said the city should not lose sight of the fact that the property was purchase to preserve it from inappropriate development. The city should develop a long range plan for the property. Councilman Markalunas said this property may include a rail envelope. ORDINANCE #37, SERIES OF 1997 - Code Amendment GMQS Julie Ann Woods, community development department, said staff is recommending 3 changes to the growth management section of the code. These are (1) streamline the appeal process; (2) allow for amendment to the application when there is no competition, and (3) allow certain exempt free market and affordable project to get multi -year allotments. Ms. Woods said this will allow for more consistency with the county code. Councilman Vickery asked if there is a definition for "exceptional" projects. Ms. Woods said there are standards listed; staff evaluates whether a project get to the scoring process. Councilman Vickery said a minimum standard in each category is established and it seems that an exceptional project could be numerically quantified. John Worcester suggested when the city goes through the AACP review, they may want to discuss quantifying exceptional projects. Worcester said there are standards and criteria the growth management commission uses to decide what an exceptional project is. Council agreed that "exceptional" ought to be defined. Councilman Vickery moved to adopt Ordinance #37, Series of 1997, on first reading; seconded by Councilman Paulson. Roll call vote; Councilmembers Markalunas, yes; Vickery, yes; Paulson, yes; Mayor Pro Tem Richards, yes. Motion carried RESOLUTION #86, 1997 - Independence Pass Plaza Project Councilman Paulson said he has more of a conflict of interest on this project than he did 4 years ago. Councilman Paulson said he is concerned about where the city is headed with this project and if this is the right way for the city to go. Councilman Paulson said he will step aside for this subject. Stan Clauson, community development director, said staff is pursuing the appropriateness of this project as directed by Council. Clauson said over the years, citizens committees .have recommended to the city that this is a project worth considering. Staff is working to form it into a useful project for the community. Clauson reminded Council the city received a scaled down plan in late 1995. A number of meetings on that plan was held during 1996. Staff did two studies with consultants, the economic basis for the project to determine if it is feasible, and an urban design study to look at bulk and massing in the latest version. Clauson said staff is here by present the design charette findings, to request design review committee approval, and to request a small budget for this process. Clauson noted a list of names for potential members to the design review committee is included in Council's packet. 9 • 0 .. TO: Mayor and City Council THRU: MEMORANDUM Amy Margerum, City Mar. ---- Stan Clauson, Community FROM: Julie Ann Woods, Deputy RE: GMQS Text Amendments DATE: November 24, 1997 SUMMARY: Staff is proposing several amendments to the GMQS procedures in the County and City Land Use Codes, as requested by the City Council and Board of County Commissioners in response to the Stage 3 appeal. Specifically, staff proposes to simplify the appeal procedure and to allow amendments to GMQS applications prior to scoring if there is not competition for the available allotments. Staff also proposes several amendments to the City Code which would allow multi -year allotments for certain exempt projects; these amendments were proposed in association with the Highlands Base Village application, and have already been adopted by the Board. County Planning Staff is concurrently processing an additional amendment to the County Code to establish requirements for public notice for Growth Management Commission hearings, so the City and County requirements will be consistent. One section of the code where the County and City GMQS process will not be consistent is in the Growth Management Commission participation. The City Planning and Zoning Commission did not like the proposed change in how the voting would take place, and staff was directed to investigate the implications of having inconsistent voting and participation requirements between the city and county codes. Staff discussed this with the County Planning Staff and the City Attorney. Staff believes that the City P&Z is under no obligation to adopt the same voting and participation requirements as the County, however, there does need to be consistency in how the voting occurs, particularly if there is a growth management competition for allocations. Since the City P&Z were not comfortable with the voting procedures recommended, staff dropped this amendment from the rest of the proposed amendments. Staff has recommended that a joint worksession be scheduled with the County P&Z to discuss this item and growth management in general. At their meeting on October 7, 1997, the City Planning and Zoning Commission recommended approval of the proposed changes to the code, with some minor amendments, which have been included in the attachments. The Code sections proposed to be amended are attached. Deletions have becirJst6eken, and additions are underlined. The amendments will affect the following sections of the Code: • 26.100.040: Annual Development Allotments (Exhibit A) • 26.100.060: Development Allotment Procedures (Exhibit B) • 26.102.060: Procedure and standards for development allotment (Exhibit C) STAFF COMMENTS: Appeal Procedure: The current appeal process requires an "aggrieved party" to appeal first to the Board or Council (depending on whether the application is in the County or City) to determine if there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring. If the Board or Council overturns the scoring, the "aggrieved party" may appeal to the joint Board/Council. If the joint Board/Council determines that there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring, the joint Board/Council may take such action as it deems necessary to remedy the Growth Management Commission's scoring. Following the Stage 3 appeal, the Board and Council directed staff to simplify the procedure by removing the initial determination by the Board or Council, since no remedy is available to the applicant at that time. An appeal directly to the joint Board/Council would still require a determination of a denial of due process or abuse of discretion before the Growth Management Commission's scoring could be overturned and a remedy could be considered. The Code also provided a separate procedure for appeals made by the Board or Council, which allows the Board or Council to file a direct appeal to the joint Board/Council. This procedure is consistent with the "streamlined" appeal discussed above, except that the Board or Council is not required to file an appeal within a specific amount of time. Staff recommends that all appeals should be required to be filed within 14 days of the Growth Management's public hearing, and then the separate appeal procedure for the Council or Board is not necessary. Amendments to Applications: The City Code and the "old" County Code (pre-1994) only allows GMQS competitors to amend an incomplete application to make "technical corrections or clarifications". The "new" County Code allowed GMQS competitors to make substantive changes to GMQS applications prior to scoring,, if there was only one competitor. This provision is still applicable in the non -metro area of the County, but was inadvertently omitted from the metro area revisions that were adopted in 1995. In the metro area, an applicant may only amend an incomplete application to make technical corrections or clarifications. Following the Stage 3 appeal, the Board and Council directed staff to process code amendments to allow applicants to make substantive changes to their applications only when there is no competition for available allotments, in order to present the best possible project to the Growth Management Commission for scoring. Staff determined that "no competition" should not be limited to only one competitor, but should allow all competitors to amend their applications, if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Staff has proposed to make this amendment to the metro and non -metro area procedures as well as the commercial and office GMQS procedures to maintain consistency. Fa Multi -year Allotments for Mixed Development: The City and County Codes include provisions for multi -year allotments for 100% affordable housing projects and "non-exempt" projects, but not for "exempt" mixed free-market/affordable housing projects. The County recently adopted amendments, which were proposed in association with the Highlands Base Village application, to allow mixed free-market/affordable housing projects in the AHO/PUD, AH2/PUD and AH3/PUD zone districts to request multi -year allotments. The Highlands application stated that it was an oversight on the part of the County when the mixed free-market/AH zone districts were adopted that the Code was not amended to allow developments in these zone districts to request multi -year allotments. To be consistent, staff proposes to amend the City Code to allow developments in the AH1/PUD zone district to request multi -year allotments. RECOMMENDATION: Staff recommends that the City Council approve on first reading the proposed GMQS code amendments recommended in the staff report dated November 10, 1997, and schedule a public hearing for second reading on December 8, 1997. RECOMMENDED MOTION: " I move to approve on first reading the proposed GMQS code amendments recommended in the staff report dated November 10, 1997, and propose to schedule a public hearing for second reading at the City Council's regular meeting on December 8, 1997." CITY MANAGER'S COMMENTS: Attachments: Exhibit A 26.100.040: Annual Development Allotments Exhibit B 26.100.060: Development Allotment Procedures Exhibit C 26.102.060: Procedure and standards for development allotment Exhibit D Planning and Zoning Commission Resolution 97- gApla ing�aWm\ta VeWgjnq c RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF AN AMENDMENT TO CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.100.040 "ANNUAL DEVELOPMENT ALLOTMENTS"; SECTION 26.100.060 "DEVELOPMENT ALLOTMENT PROCEDURES"; AND SECTION 26.102.060 "PROCEDURE AND STANDARDS FOR DEVELOPMENT ALLOTMENT" RELATED TO THE GROWTH MANAGEMENT QUOTA SYSTEM. Resolution 9745- WHEREAS, The Community Development Department developed, reviewed and recommended approval of an amendment to the land use regulations, certain text amendments to Chapter 26 relating to Section 26.100.040 "Annual Development Allotments"; Section 26.100.060 "Development Allotment Procedures"; and Section 26.102.060. "Procedure and Standards for Development Allotment" related to the Growth Management Quota System; and WHEREAS, pursuant to Section 26.92.030 of the Municipal Code, amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Community Development Department reviewed the proposal and recommended approval; and WHEREAS, the Planning and Zoning Commission reviewed the application at its regular meeting on October 7, 1997, at which the Commission approved by a 7-0 vote the proposed text amendment, with minor changes. • • NOW, THEREFORE BE IT RESOLVED by the Commission: That Section 26. 100.040 "Annual Development Allotments"; shall be amended to read as follows (with new language underlined): 26.100.040 Annual development allotments. The residential and tourist accommodations growth management quota system's method of establishing annual development allotments has been designed to be as fair and flexible as possible. It establishes pools of development allotments that are available for use by metro area exempt and non-exempt projects during one-year periods, running from June 1 to May 31. The system allows allotments to be "borrowed" from future years if necessary to accommodate very high -quality projects. The Metro Area development ceilings are based upon a 23 year growth period Allotments may be borrowed from future growth management years to accommodate exceptional high quality projects. As a result of the flexibility that has been built into the allotment system, the number of allotments available during any one year may vary. and B.1 and B.2: B. Optional multi -year maximum allotments for "exceptional" projects. 1. Award of optional multi -year maximum allotments. When the "Optional (Multi -Year) Maximum Allotment Pool" formula of Section 26.100.040(A)(3) yields available allotment pool levels that exceed the allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool" formula of Section 26.100.040(A)(3), the City Council shall be authorized to make optional multi -year allotments available to "exceptional" non-exempt developments and to "exceptional" exempt developments located in the AH1/PUD zone district. "Optional (Multi -Year) Maximum Allotments" shall be made available only to specific projects, and in the event that the allotments expire or are otherwise unused after being awarded, they shall not be carried over as surplus allotments or be transferred to other projects. 2. Approval criteria. Because the award of optional multi -year maximum allotments may result in fewer allotments being available in subsequent years, the use of optional multi -year maximum allotments shall be reserved for exceptional non-exempt projects that exceed the minimum score for an allotment established in Section 26.100.080 or for "exceptional" exempt projects located in the AH 1 /PUD zone district that meet the minimum score for an allotment established in Section 26,100.080. The Growth Management Commission may recommend and the City Council may award optional multi -year maximum allotments as part of its ranking and allocation review conducted pursuant to Section 26.100.060(C). and B. 2. b: b. After consideration of the recommendation of the Growth Management Commission City Council may award optional (multi -year] allotments if a project complies with the following standards: That Section 26.100.060 "Development Allotment Procedures" shall be amended to read as follows(with new language underlined): B.3 and B.4.: 3. Procedure. For exempt development: A development application for a development allotment for exempt development shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and review and approval in accordance with Section 26.100.050, development allotments shall be allocated on a first -come -first -served basis, provided that all applications submitted on the same day shall be construed to have been submitted at the same time. In the event that the number of development applications submitted on the same day exceeds the number of development allotments available, a random drawing shall be held to determine the order in which allocations are granted. Those applications that do not receive a development allotment in the random drawing shall remain valid until the following May 31. In the event that additional allocations become available on or before May 31, development allotments shall be allocated on the basis of the original random. drawing. If allotments are available after awarding allotments to those applications included in the random drawing, they shall again be made available to applications on a first -come -first - served basis, based on the date of submittal. If development allotments have not been allocated to an application by May 31, that application shall expire and be ineligible for allocation until a new application is submitted. 4. For "exceptional" exempt projects located in the AH1/P D zone district. The procedures established in Section 26.100.060(C)(3)_ shall be followed to evaluate exempt projects seeking optional multi -year maximum allotments. An applicant may challenge or appeal scores awarded by the Growth Management Commission by following the procedures in Section 26.100.060(D). and C.3 through 8: 3. Staff Review. A development application for a development allotment for non-exempt development shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and a recommendation for scoring by the Community Development Director, such applications shall be reviewed and recommended for the award of development allotments in accordance with the procedures and standards of this section. An applicant may amend an incomplete application to make technical corrections or clarifications_ An applicant may also may make substantive changes to a complete application II ' M • prior to scoring if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Complete applications may not be amended prior to scoring if there are not sufficient allotments available, 4. Growth Management Commission meeting procedures. The Chairperson of the Growth Management Commission may establish time limits for each tart of the meeting prior to the beginning of the discussion. If oral presentations are limited due to time constraints, anyone may submit written testimony to the official record or the proceedings. a. Community Development staff shall present a summary of staff s review of the application(s) based upon the scoring criteria. b. The applicant or applicant's representative shall present comments regarding the a1212lication(s)' consistency with the scoring criteria. C. Citizens in attendance at the public hearing. including other applicants competing for an allotment shall be provided the opportunity to comment. d. The Growth Management Commission may ask questions of staff. Uplicant(s) or citizens and make comments regarding the application(s). e. The Growth Management Commission shall score the application(s) on the score sheets provided by the staff and submit their score sheets for the staff to calculate the overall score for the application(s) pursuant to Section 26.100.060(C).(51. 5. After the public hearing is officially closed. the Growth Management Commission shall consider and score each application based on the scoring criteria in Section 26.100.080. The following scoring procedures shall be adhered to: a. Each Growth Management Commission member shall assign a whole number score (not a fractional number) to the project. b. Following the initial scoring, commission members shall be free to discuss individual scores and to offer justification for such scores. C. Following the close of Growth Management Commission discussions regarding initial scoring, a final scoring round will be held, during which each Growth Management Commission member shall again identify the number of points, expressed as whole numbers, assigned to the project. Growth Management Commission members shall be free to revise the number of points awarded to a project between the preliminary and final scoring rounds. d. After the close of the final scoring round, a project's final average score shall be calculated by (1) totaling the commissioners' individual scores and (2) dividing that total by a number equal to the number of commissioners who participated in the final scoring round. Final average project scores shall be calculated for each of the four growth management scoring criteria of Sections 26.100.080(C)(1-4), and a cumulative score shall be calculated for the criteria as a whole. The final average cumulative score calculated pursuant to this provision shall constitute the projects final score. e. Projects shall be ranked in order of their final average scores. ' f. The project rankings and any recommendations for the award of optional maximum allotments shall be forwarded by resolution to the City Council and Board of County Commissioners. _. Actions required for approval of allotments. Since the Growth Management Quota System applies throughout the Aspen Metro area, no growth management allocation shall be awarded unless the City Council and Board of County Commissioners both accept the recommendation of the Growth Management Commission. The procedures governing challenges and appeals are set out in Sections 26.100.060(D) and (E). Z Minimum scoring thresholds required for allocation. No growth management allocation shall be awarded to projects that do not receive a final average score of at least three points for each of the growth management scoring criteria of Sections 26.100.080(C)(1), 26.100.080(C)(2), 26.100.080(C)(3) and 26.100.080(C)(4). 8. Identical point totals. In the event that two or more non-exempt development applications receive identical point totals, and one or more must be approved to the exclusion of others because insufficient allotments are available, the Growth Management Commission shall reconsider the tying projects and apply the following criteria, in sequence, until the tie is broken: a. The project that received the higher point total in the greatest number of scoring categories shall be considered first in eligibility for an allotment. b. The project that was awarded the greatest number of points for "revitalizing the permanent community" shall be considered first in eligibility for an allotment. C. The project that was awarded the greatest number of points for "providing transportation innovations" shall be considered first in eligibility for an allotment. d. The project that was awarded the greatest number of points for "promoting environmentally sustainable development" shall be considered first in eligibility for an allotment. and D., E. and F.: D. Challenges and appeals gf aggrieved parties; City Council. or the Board of County Commissioners: 1. Upon receipt of the Growth Management Commission's ranking_of development applications, the joint City Council/Board of County Commissioners shall consider any appeals made by either the City Council or Board of County Commissioners or by persons aggrieved by the scoring. An appeal to the joint City Council/Board of County Commissioners shall be filed within fourteen (14) days of the Growth Management Commission's public hearing by filing a notice of appeal with the Community Development Director. A joint City Council/County Commissioners meeting shall be called within thirty (30) days of the date that the appeal is filed. In reviewing an appeal, the joint City Council/Board of County Commissioners shall act on the basis of the record established by the Growth Management Commission. The appellant shall have the burden of persuasion in the appeal. 2. The joint City Council/Board of County Commissioners shall affirm the scoring of the Growth Management Commission unless it determines that there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring, in which case the joint City Council/Board of County Commissioners shall take such action as it deems necessary to remedy the Growth Management Commission's action. Remedies available to the joint City Council/Board of County Commissioners shall include, but not be limited to amending the number of points awarded or remanding the development application to the Growth Management Commission for rescoring. 3. A quorum of the joint City Council/Board of County Commissioners shall be comprised of at least three members of the Aspen City Council and at least three members of the Pitkin County Board of County Commissioners. No meeting of the joint City Council/Board of County Commissioners shall be called to order without a quorum and no meeting at which less than a quorum is present shall act on an appeal other than to continue it to a date certain. All actions shall require the concurring vote of a simple majority of the members then present and voting. A tie vote by the joint City Council/Board of County Commissioners shall be deemed a decision to uphold the Growth Management Commission's scoring. 4. The decision of the joint City Council/Board of County Commissioners shall constitute the final administrative order on the matter. E. Allocation. Following the conclusion of all protest hearings, the City Council shall, by resolution, allocate development allotments among eligible applicants who meet the minimum threshold established in Section 26.100.060(C)(5) in the order of priority established by their rank. Those applicants having received allotments may proceed to apply for any further development approvals required by this chapter or any other regulations of the city. Those development applications that have not met the minimum threshold established in Section 26.100.060(C)(5) shall be denied. E. Assignability and transferability of allotments. Development allotments shall not be assignable or transferable independent of the conveyance of the real property on which the development allotment has been approved. Section Three: That Section 26.102.060 "Procedure and Standards for Development Allotment"; shall be amended to read as follows(with new language underlined): D. Development review procedure. A development application for a development allotment shall be reviewed pursuant to Common Procedures, Chapter 26.52. After review for completeness and a recommendation for scoring by the Community Development Director, the application shall be scored by the commission at a public hearing and then the scores shall be forwarded to city council for their allocation of development allotments at a hearing. An applicant may amend an incomplete application to make technical corrections or clarifications. An applicant may also make substantive changes to a complete application prior to scoring if there are sufficient allotments available to accommodate the number of allotments regtic-sted by all of the competitors Complete applications may not be amended --nor to scoring if there are not sufficient allotments available. APPROVED by the Commission at its regular meeting on October 7 1997. APPROVED AS TO FORM: 1 Ci Attorney Attest: r ckie Lothian, Deputy City Clerk g:IpI—,.gW rnVaos.d—p&z�gmgv—doc Planning and Zoning Commission: Jo� Sara Garton, Chairperson • TO: THRU: FROM RE: MEMORANDUM Aspen Planning and Zoning Commission Stan Clauson, Community Julie Ann Woods, Deputy GMQS Text Amendments DATE: October 7, 1997 ►irecto SUMMARY: Staff is proposing several amendments to the GMQS procedures in the County and City Land Use Codes, as requested by the City Council and Board of County Commissioners in response to the Stage 3 appeal. Specifically, staff proposes to simplify the appeal procedure and to allow amendments to GMQS applications prior to scoring if there is not competition for the available allotments. Staff also proposes several amendments to the City Code which would allow multi -year allotments for certain exempt projects; these amendments were proposed in association with the Highlands Base Village application, and have already been adopted by the Board. Staff is concurrently processing an additional amendment to the County Code to establish requirements for public notice for Growth Management Commission hearings, so the City and County requirements will be consistent. One section of the code where the County and City GMQS process will not be consistent is in the Growth Management Commission participation. At the Planning and Zoning Commission's last meeting, staff was directed to investigate the implications of having inconsistent voting and participation requirements. Staff discussed this with the County Planning Staff and the City Attorney. Staff believes that the City P&Z is under no obligation to adopt the same voting and participation requirements as the County, however, there does need to be consistency in how the voting occurs, particularly if there is a growth management competition for allocations. Since the City P&Z were not comfortable with the voting procedures recommended, staff has dropped this amendment from the rest of the proposed amendments. Staff recommends that a joint worksession be scheduled with the County P&Z (probably in November, after they complete their Downvalley Plan) to discuss this item and growth management in general. The Code sections proposed to be amended are attached. Deletions have been str-ie en; and additions are underlined. The amendments will affect the following sections of the Code: • 26.100.040: Annual Development Allotments (Exhibit A) • 26.100.060: Development Allotment Procedures (Exhibit B) • 26.102.060: Procedure and standards for development allotment (Exhibit C) STAFF COMMENTS: Appeal Procedure: The current appeal process requires an "aggrieved party" to appeal first to the ��l-mac•-� Board or Council (depending on whether the application is in the County or City) to determine if 1 there was a denial of due process or abuse of discretion by the Growth Management Commission in G� its scoring. If the Board or Council overturns the scoring, the "aggrieved party" may appeal to the joint Board/Council. If the joint Board/Council determines that there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring, the joint Board/Council may take such action as it deems necessary to remedy the Growth Management Commission's scoring. Following the Stage 3 appeal, the Board and Council directed staff to simplify the procedure by removing the initial determination by the Board or Council, since no remedy is available to the applicant at that time. An appeal directly to the joint Board/Council would still require a determination of a denial of due process or abuse of discretion before the Growth Management Commission's scoring could be overturned and a remedy could be considered. The Code also provided a separate procedure for appeals made by the Board or Council, which allows the Board or Council to file a direct appeal to the joint Board/Council. This procedure is �V consistent with the "streamlined" appeal discussed above, except that the Board or Council is not required to file an appeal within a specific amount of time. Staff recommends that all appeals should be required to be filed within 14 days of the Growth Management's public hearing, and then the separate appeal procedure for the Council or Board is not necessary. Amendments to Applications: The City Code and the "old" County Code (pre-1994) only allows GMQS competitors to amend an incomplete application to make "technical corrections or clarifications". The "new'' County Code allowed GMQS competitors to make substantive changes to GMQS applications prior to scoring, if there was only one competitor. This provision is still applicable in the non -metro area of the County, but was inadvertently omitted from the metro area revisions that were adopted in 1995. In the metro area, an applicant may only amend an incomplete application to make technical corrections or clarifications. Following the Stage 3 appeal, the Board and Council directed staff to process code amendments to allow applicants to make substantive changes to their applications only when there is no competition for available allotments, in order to present the best possible project to the Growth Management Commission for scoring. Staff determined that "no competition" should not be limited to only one competitor, but should allow all competitors to amend their applications, if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Staff has proposed to make this amendment to the metro and non -metro area procedures as well as the commercial and office GMQS procedures to maintain consistency. Multi -year Allotments for Mixed Development: The City and County Codes include provisions for multi -year allotments for 100% affordable housing projects and `'non-exempt" projects, but not for "exempt" mixed free-market/affordable housing projects. The County recently adopted amendments, which were proposed in association with the Highlands Base Village application, to allow mixed free-market/affordable housing projects in the AHO/PUD, AH2/PUD and AH3/PUD • • zone districts to request multi -year allotments. The Highlands application stated that it was an oversight on the part of the County when the mixed free-market/AH zone districts were adopted that the Code was not amended to allow developments in these zone districts to request multi -year allotments. To be consistent, staff proposes to amend the City Code to allow developments in the AH1/PUD zone district to request multi -year allotments. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the proposed GMQS code amendments proposed in the staff report dated October 7, 1997, to the City Council. Attachments: Exhibit A 26.100.040: Annual Development Allotments Exhibit B 26.100.060: Development Allotment Procedures Exhibit C 26.102.060: Procedure and standards for development allotment a:bL-n.q,.M—\ou\—\pgsz EXHIBIT A Chapter 26.100 GROWTH MANAGEMENT QUOTA SYSTEM (GMQS) 26.100.040 Annual development allotments. The residential and tourist accommodations growth management quota system's method of establishing annual development allotments has been designed to be as fair and flexible as possible. It establishes pools of development allotments that are available for use by metro area exempt and non-exempt projects during one-year periods, running from June 1 to May 31. The system allows allotments to be "borrowed" from future years if necessary to accommodate very high -quality projects. The Metro Area development ceilings are based upon a 23 ,Year growth period Allotments may be borrowed from future growth management years to accommodate exceptional high quality rojects As a result of the flexibility that has been built into the allotment system, the number of allotments available during any one year may vary. A. Establishment of allotment pools. 1. Base allotment pool. The base annual allotment pool corresponds to the desired annual growth rate for the metro area. It is established solely for the purposes of measuring changes in actual allotment levels and for calculating the maximum number of allotments available each year, pursuant to Section 26.100.040(A)(3). The following base annual allotment levels are hereby established for the entire metro area: Development Type Base Allotments Tourist Accommodations 11 units Free Market Residential 4 units Free Market Residential, AH Associated 8 units Resident Occupied 8 units Affordable Housing 43 units 2. Reserve pool. The Aspen Area Community Plan calls for some development allotments to be reserved each year for use by projects that are subject to growth management competition and scoring (non-exempt development). Consequently, until the close of each year's growth management competition and appeals period, the following allotments shall be reserved for use by non-exempt development only: Development Type Reserve Allotments Tourist Accommodations 6 units Free Market Residential 2 units If these reserved units remain unused following the close of the growth management competition and appeals period, any remaining allotments shall be made available for use by exempt development. In the case of remaining, "Free Market Residential Non -Exempt" allotments, such units shall be available for allocation to any form of "Free Market Residential" development. Maximum allotment pool. The maximum number of allotments available within a single year will vary based on at least two factors: (1) the number of allotments granted in previous years and (2) whether the City Council authorizes the use of optional multi -year allotments, pursuant to Section 26.100.040(B). This section establishes the method by which the maximum annual allotment pools for residential and tourist accommodations development shall be calculated. a. Standard maximum allotment pool formula. No later than June 1 of each year, the Community Development Director shall calculate the number of development allotments available during the upcoming year using the following formula: Standard Maximum Allotment Pool = B + A Where: B = base allotment A = accumulated allotment deficit/surplus (from preceding years; as compared to base allotment) In no case shall fewer than the reserve allotment pool be available b. Optional (multi -year) maximum allotment pool formula. The following formula shall be used by the Community Development Director to calculate the number of allotments available for "exceptional" projects (See Section 26.100.040(B)) that include free market units. The number of allotments available in the optional (multi -year) pool shall be calculated no later than June 1 of each year. Optional (Multi -Year) Maximum Allotment Pool = (5xB)-(4xR)+A Where: B = base allotment R = reserve allotment A = accumulated allotment deficit/surplus (from preceding years; as compared to base allotment) C. Optional (multi -year) one hundred (100) percent affordable housing allotment pool formula. The following formula shall be used by the Community Development Director to calculate the number of allotments available for "exceptional" projects (See Section 26.100.040(B)) that are totally comprised (one hundred (100) percent) of affordable housing. This formula shall also be used to determine the number of available Resident Occupied (RO) units without regard to the annual limitations, up to a cumulative ceiling of one hundred (100) RO units. The number of allotments available in the optional (multi -year) one hundred (100) percent affordable housing allotment pool shall be calculated no later than June 1 of each year. LI • Optional (Multi -Year) 100% Affordable Housing Allotment Pool = (1 OB)-(9R)+A Where: B = base allotment R = reserve allotment A = accumulated allotment deficit/surplus (from preceding years; as compared to base allotment) d. Establishment of maximum pool levels. The maximum allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool" formula of this section shall constitute the maximum allotment available for the year, unless the City Council approves the use of "Optional (Multi -Year) Maximum Allotments" pursuant to the provisions of Section 26.100.040(B). Regardless of the number of allotments yielded by the "Standard Maximum Allotment Pool" formula, the reserve pool allotments of Section 26.100.040(A)(2) shall be available each year. e. Use of allotments in maximum allotment pool. Allotments in the maximum allotment pool shall be available for use as follows. (1) Development subject to growth management competition and scoring. Development that is subject to growth management competition and scoring (non-exempt) shall be entitled to use only those allotments in the reserve pool established pursuant to Section 26.100.040(A)(2). Any reserve pool allotments remaining after the close of the annual growth management competition and appeals period shall be added to the pool of allotments available for use by development that is not subject to competition and scoring (exempt development). (2) Development not subject to growth management competition and scoring. Because some units from the maximum allotment pool must be reserved each year until after growth management competition, the number of allotments available for use by development that is not subject to growth management competition and scoring (exempt development) will likely vary at different times of year. The number of allotments available for use by development that is not subject to competition and scoring shall be calculated as follows: (a) Pre -competition: No later than June 1 of each year, the Community Development Director shall calculate the number of development allotments available for use by exempt development using the following formula: Pre -Competition Exemption Allotment Pool = (M-R) - 2 Where: M = Maximum Allotment Pool R = Reserve Pool (b) Post -competition: No later than one day after the close of the growth management competition and appeals period, the Community Development Director shall calculate the number of development allotments available for use by exempt development using the following formula: Post -Competition Exemption Allotment Pool = (P+R) - 2 Where: P = Units Remaining from Pre -Competition Exemption R = Units Remaining from Reserve Pool B. Optional multi -year maximum allotments for "exceptional" projects. 1. Award of optional multi -year maximum allotments. When the "Optional (Multi - Year) Maximum Allotment Pool" formula of Section 26.100.040(A)(3) yields available allotment pool levels that exceed the allotment pool levels calculated pursuant to the "Standard Maximum Allotment Pool" formula of Section 26.100.040(A)(3), the City Council shall be �e authorized to make optional multi -year allotments available to "exceptional" non-exempt �- and to "exceptional'' exempt developments located in the AH1/PUD zone'district ima n-fanexempt p£ejeets. "Optional (Multi -Year) Maximum Allotments" shall be made available only to specific projects, and in the event that the allotments expire or are otherwise unused after being awarded, they shall not be carried over as surplus allotments or be transferred to other projects. 2. Approval criteria. Because the award of optional multi -year maximum allotments may result in fewer allotments being available in subsequent years, the use of optional multi -year maximum allotments shall be reserved for exceptional non-exempt projects that show paFtieu sensitivity to the eenffnu1:&y and its needs, as expressed in (1) the Gr-alMh Management Seer-ing Criteria f Seetien266. 100nQn .,,,a (2) : .,deptoa plans and studies exceed the minimum score for an allotment established in Section 26.100 080 or for "exceptional" exempt projects located in the AH1/PUD zone district that meet the minimum score for an allotment established in Section 26.100.080. The Growth Management Commission may recommend and the City Council may award optional multi -year maximum allotments as part of its ranking and allocation review conducted pursuant to Section 26.100.060(C). a. Community planning criteria. In order to be eligible for the award of optional multi -year maximum allotments, projects shall be required to demonstrate to the satisfaction of the Growth Management Commission and City Council that all of the following criteria [26.100.040(B)(2)(a)(1) through 26.100.040(B)(2)(a)(7)] have been met. (1) The quality of the proposed development substantially exceeds that established in the minimum threshold for the scoring established in Section 26.100.060(C)(5); (2) The proposal maximizes affordability, consistent with housing needs established as priority through the current AH Guidelines; (3) The proposal integrates a mixture of economic levels and housing for a variety of lifestyles (e.g., singles, seniors and families); (4) The proposal minimizes impacts on infrastructure by incorporating innovative, energy -saving site design, structural design characteristics or other techniques that minimize the use of water, heating and sewage disposal; (5) The proposal incorporates or integrates with an existing local based economy (i.e., sustainable local businesses); (6) The proposal accomplishes a level of design and site plan ingenuity that advances the community goals expressed in the Aspen Area Community Plan; and (7) The proposed project represents an exceptional commitment to advancing the visions, goals and specific action items of the Aspen Area Community Plan, particularly those described in the scoring criteria of this chapter (Sections 26.100.080(C)(1), 26.100.080(C)(2), 26.100.080(C)(3) and 26.100.080(C)(4)). b General growth management er- to The r:t„ Couneil shalt not awafd ptie i affifmative findings finds that the fellewing eenditions exist-. (multi year-) allotments upAess the Gr-e-mh Manageffient G Fid City Couneil make _ b. After consideration of the recommendation of the Growth Management Commission,The City Council may award optional (multi -year) allotments if a orpject complies with the following standards:. The Ceuneil shall , side.. the . endA*:,,,, 466. Gr-E), cth (1) The site design of the proposed development makes construction phasing infeasible. This requires but is not limited to a demonstration that economies of scale will result from construction occurring at once; the proposed development is intended as a single building that cannot easily be *constructed or operated in phases; and the public facility investments for the proposed development, such as roads, water and sewer facilities, must all be installed at the initiation of the project, making phasing economically unrealistic; (2) The impacts of construction of the proposed development on the surrounding neighborhood and the metro area as a whole will be reduced by construction at one time rather than phasing it over two (2) or more construction periods; and (3) The community is capable of absorbing the accelerated rate at which impacts on services and public facilities will be experienced. It shall be considered sufficient evidence of service and public facility availability if it can be demonstrated that sufficient capacity is available in the following public facilities to accommodate the metro area's planned rate of growth and the accelerated rate due to the proposed development: Transportation (including airport, roads, transit and parking), utilities (including water, sewer, electric, gas and drainage), affordable housing, park and recreation facilities, solid waste facilities, police and fire protection facilities, hospitals and schools. C. Unallocated surplus allotments. If, on May 31, unallocated development allotments remain unused they shall automatically be treated as "surplus" allotments and be added to the pool of allotments available in successive years [see formula, Section 26.100.040(A)(3)]. This automatic carryover provision notwithstanding, the City Council, following a public hearing for which notice has been given pursuant to Section 26.52.060 (E)(3)(a), shall be authorized to deny the carryover of allotments and to delete any remaining surplus allotments. In making its decision, the City Council shall consider the following 1. The community's growth rate over the preceding five-year period; 2. The ability of the community to absorb the growth that could result from a proposed development that is granted the unallocated allotments, including issues of scale, infrastructure capacity and community character; and 3. The expected impact from approved developments that have already obtained allotments or exemptions, but that have not yet been built. (Ord. No. 9-1993, § 2; Ord. No. 54- 1994: Code § 8-104) Ab GROWTH MANAGEMENT QUOTA SYSTEM Proposed new language in Exhibit A, page I. - The Metro Area development ceilings are based upon a 23 year growth period. The City Council may borrow allotments from either the beginning or the end of the 23 year growth period to accommodate high quality projects. Suggestion: Change the language of the previous sentence to read: Allotments may be "borrowed" from future growth management years to accommodate "exceptional" high quality projects. Page 4, paragraphs I and 2: In paragraph 1 "exempt" is listed 1st and "non-exempt" 2nd. They are flip-flopped in paragraph 2. To keep them consistent, they should be in the same order. In addition, the adjective "exceptional" should be clearly applied to both. Suggestion: For paragraph 1: ... allotments available to "exceptional" non-exempt projects and to "exceptional" exempt developments located in the AH1/PUD zone district. For paragraph 2: ... shall be reserved for "exceptional" non-exempt projects that exceed the minimum score for an allotment established in Section 26.100.080 or for "exceptional" exempt projects located in the AH1/PUD zone district that meet the minimum score for an allotment established in Section 26.100.080. Page 5, paragraph b: Suggestion: Change to read as follows: After consideration of the recommendation of the Growth Management Commission, City Council may award optional multi -year allotments if a project complies with the following standards: • • EXHIBIT B: Page 2, paragraph 4: Paragraph 3, which precedes paragraph 4, is the procedure for a development allotment for exempt development. The proposed paragraph 4 is the procedure for "exceptional" exempt projects located in the AH1/PUD zone district. I would suggest combining the two sections as follows: 3. Procedure: a. For exempt development: A development application for a development allotment for exempt development b. For "exceptional" exempt projects in the AH1/PUD zone district. The procedures established in Section 26.100.060(C)(3)(a) shall be followed to evaluate exempt projects seeking optional multi -year maximum allotments. An applicant may appeal scores awarded by the Growth Management Commission by following the procedures in Section 26.100.060(D). Paragraph 3, page 2: Delete the comma after the word "clarifications." Paragraph 4, page 2.- In paragraph d change "shall" to "may." Delete paragraph "e" in its entirety. Change paragraph "f'to "e." Paragraph D, page 4: Change language to "Challenges and appeals of aggrieved parties, City Council, or the Board of County Commissioners." AOL -Suzanne Wo�SJ1$/9�gmgs amen ent _ _-- X-Sender: suzannew@comdev Date: Thu, 18 Sep 1997 09:52:19 -0600 To: juliew@co.pitkin.co.us From: Suzanne Wolff <suzannew@ci.aspen.co.us> Subject: gmqs amendments FYI. I noticed that section 26.102.060(D) should also be amended to reflect new language on amending applications, in order to be consistent. Prin-t3-for 3ulieAnn— Woo <jUri ewt�ciaspen. co.us> 1 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development D'rect Julie Ann Woods, Deputy Director FROM: Suzanne Wolff, Planner,��;` RE: GMQS Text Amendments DATE: August 5, 1997 SUMMARY: Staff is proposing several amendments to the GMQS procedures in the County and City Land Use Codes, as requested by the City Council and Board of County Commissioners in response to the Stage 3 appeal. Specifically, staff proposes to simplify the appeal procedure and to allow amendments to GMQS applications prior to scoring if there is not competition for the available allotments. Staff also proposes several amendments to the City Code which would allow multi -year allotments for certain exempt projects; these amendments were proposed in association with the Highlands Base Village application, and have already been adopted by the Board. Staff is concurrently processing an additional amendment to the County Code to establish requirements for public notice for Growth Management Commission hearings, so the City and County requirements will be consistent. The Code sections proposed to be amended are attached. Deletions have been stricken, and additions are underlined. The amendments will affect the following sections of the Code: • 26.26: Decision Making Administrative Bodies --Growth Management Commission (Exhibit A) • 26.100.040: Annual Development Allotments (Exhibit B) • 26.100.060: Development allotment procedures (Exhibit C) STAFF COMMENTS: Appeal Procedure: The current appeal process requires an "aggrieved party" to appeal first to the Board or Council (depending on whether the application is in the County or City) to determine if there was a denial of due process or abuse of discretion by the Growth Management Commission in its scoring. If the Board or Council overturns the scoring, the "aggrieved party" may appeal to the joint Board/Council. If the joint Board/Council determines that there was a denial of due processor abuse of discretion by the Growth Management Commission in its scoring, the joint Board/Council may take such action as it deems necessary to remedy the Growth Management Commission's scoring. Following the Stage 3 appeal, the Board and Council directed staff to simplify the procedure by removing the initial determination by the Board or Council, since no remedy is available to the applicant at that time. An appeal directly to the joint Board/Council would still require a determination of a denial of due process or abuse of discretion before the Growth Management Commission's scoring could be overturned and a remedy could be considered. The Code also provided a separate procedure for appeals made by the Board or Council, which allows the Board or Council to file a direct appeal to the joint Board/Council. This procedure is consistent with the "streamlined" appeal discussed above, except that the Board or Council is not required to file an appeal within a specific amount of time. Staff recommends that all appeals should be required to be filed within 14 days of the Growth Management's public hearing, and then the separate appeal procedure for the Council or Board is not necessary. Amendments to Applications: The City Code and the "old" County Code (pre-1994) only allows GMQS competitors to amend an incomplete application to make "technical corrections or clarifications". The "new" County Code allowed GMQS competitors to make substantive changes to GMQS applications prior to scoring, if there was only one competitor. This provision is still applicable in the non -metro area of the County, but was inadvertently omitted from the metro area revisions that were adopted in 1995. In the metro area, an applicant may only amend an incomplete application to make technical corrections or clarifications. Following the Stage 3 appeal, the Board and Council directed staff to process code amendments to allow applicants to make substantive changes to their applications only when there is no competition for available allotments, in order to present the best possible project to the Growth Management Commission for scoring. Staff determined that "no competition" should not be limited to only one competitor, but should allow all competitors to amend their applications, if there are sufficient allotments available to accommodate the number of allotments requested by all of the competitors. Staff has proposed to make this amendment to the metro and non -metro area procedures to maintain consistency. Multi -year Allotments for Mixed Development: The City and County Codes include provisions for multi -year allotments for 100% affordable housing projects and "non-exempt" projects, but not for "exempt" mixed free-market/affordable housing projects. The County recently adopted amendments, which were proposed in association with the Highlands Base Village application, to allow mixed free-market/affordable housing projects in the AHO/PUD, AH2/PUD and AH3/PUD zone districts to request multi -year allotments. The Highlands application stated that it was an oversight on the part of the County when the mixed free-market/AH zone districts were adopted that the Code was not amended to allow developments in these zone districts to request multi -year allotments. To be consistent, staff proposes to amend the City Code to allow developments in the AH 1 /PUD zone district to request multi -year allotments. Growth Management Commission Particip to ion: Another amendment that was recently adopted by the County in association with the Highlands application requires that an equal number of City and County Planning Commission members would vote on items before the Growth Management Commission, in order to prevent the potential for inequitable representation on the Commission between City and County participants. Staff proposes to amend the City Code to provide for equal participation from City and County Planning Commission members when voting on items before the Growth Management Commission. The proposed amendment is included in Exhibit A. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the proposed GMQS code amendments to the City Council. PUBLIC NOTICE RE: CITY OF ASPEN LAND USE CODE AMENDMENTS - GROWTH MANAGEMENT QUOTA SYSTEM NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 5, 1997, at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider amendments to the following sections of the Land Use Code: • 26.26, Growth Management Commission: Limit participation in Growth Management Commission meetings to an equal number of City and County Planning and Zoning Commission members. • 26.100.040, Annual Development Allotments: Allow the Council to award optional, multi -year allotments to exceptional exempt developments in the AH1/PUD zone district. • 26.100.060, Development Allotment Procedures: Allow substantive changes to GMQS applications prior to scoring; establish procedures for Growth Management Commission meetings; amend the procedure for appeals of the Growth Management Commission's scoring; and establish a procedure for the review of exceptional exempt projects. For further information, contact Suzanne Wolff at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970)920-5093. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on July 18, 1997 City of Aspen Account .. -""-.,,, RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING THE CONDITIONAL USE OF A YOGA STUDIO AT 465 NORTH MILL STREET, UNIT NUMBER 9, CITY OF ASPEN Resolution #98 - 2 WHEREAS, the Community Development Department received an application from Bel Carpenter, representing Mill Street Venture, owner, for conditional use approval for a yoga studio at 465 North Mill Street, unit number 9; and, WHEREAS, the Community Development Director has interpreted a yoga studio to be most similar in use to a dance studio or martial arts studio; and, WHEREAS, the subject parcel is located in the Service/CommerciallIndustrial Zone District in which both a dance studio and martial arts studio are conditional uses which may be approved by the Planning and Zoning Commission pursuant to Section 26.60 of the Municipal Code; and, WHEREAS, the Housing Office, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a public hearing at a regular meeting on January 20, 1998, the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use for a yoga studio to be located at 465 North Mill Street, unit number 9, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a yoga studio at 465 North Mill Street, unit number 9, is approved with the following conditions: I. Parking for the Yoga Studio shall be limited to the existing three spaces designated to the associated unit. Additional parking demands shall be accomplished by using the excess' parking on the upper portion of the parcel, by using parking spaces on the lower portion with consent of the associated tenant, or by encouraging students to walk, use transit, or park in the City facility. 2. Any expansion or other significant change in the operation ofthis use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and ZOrling Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on January 20, 1998. APPROVED AS TO FORM: Q PLANNING AND ATTEST: ZONING COMMISSION: I.~ ~,0"tUbw MEMORANDUM Date: Chris Bendon, Project Planner Nick Adeh, City Engineer ~ / Ross C. Soderstrom, Project Engineer Ie;;;- January 29, 1998 To: Thru: From: Re: Yoga College of India Conditional Use Physical Address: Legal Description: 465 N. Mill St., # 18, City of Aspen, CO N/A Parcel ill No.: N/A After reviewing the above referenced application and making a site visit, I am reporting the comments of the City Engineering Department: [Site conditions at the time of site visit: January 13, 1998; lightly snowing, 3 - 8 inches snow pack; some ground surface and features indistinguishable under snow and ice pack.] Discussion: The primary consideration for the proposed use of a yoga studio in this existing building is whether there is sufficient vehicle parking available on-site. The applicant, Mr. Carpenter, provided a couple letters in which he estimated the probable number of students who may attend his classes and addressed where they may park if they were to drive to class. In a conversation with myself, he estimates that the studio may accommodate 25 students although he expects that average class size to be 12 students or less. Due to seasonal variations, he has found that his highest attendance has been during the off-seasons, particularly in the spring. Typically the most highly attended classes are outside of normal business hours, early evening and weekend classes, which correspond to lower levels of business traffic. The mid-morning sessions have moderate to high attendance. A letter from the building manager, states that this tenant will have three (3) assigned parking spaces in addition to the open parking lot facing the Puppy Smith St. frontage of the property which contains approximately 40 parking spaces. The combined parking lots on the N. Mill St. side of the building contain approximately 30 parking spaces, including those of the neighboring building. per the applicant, the other building tenants do not object if his students use their assigned parking spaces outside of the work hours of the other tenants. 1. Parking: The applicant should be required to encourage his students to use alternate means of transportation other than motor vehicles to minimize the impacts due to additional parking by his students. This would include encouraging the use of buses, walking, bicycling, parking at the students' work place and using other means of transportation, and using the Rio Grande Parking Garage (approximately I 1/2 blocks from the studio). 2. Changes in Conditions: The preceding recommendations are based upon the information and representations provided to the Engineering Dept. by the applicant. If the proposed conditions of use or timing of use for this property change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and recommendations given in this memorandum may change during a subsequent review of this application to reflect then current conditions and additional future information. Page 1 of 1 DRCMOI98.DOC ~to,qtJ "'(~ ~ '*~ ~~ Jut~~ ~ I~~~ ~I.~I Mtv C(i)n ~ AlifF? . /V~;" bbJ ~~. . r - f ~~ K~I' . t; ~~flI\1 / wMM _~ . Qihn ~ "1 ~ (~4r; ~~ h ~ / ~~Gt~ ~M- {W~ fa 1WcN"~ ett ~ PV1Jk" ~~ . ~ ~- Y'C~ C]'~ ~.witl ~~. ~ ~..".~ ~ ~ ..WYl - ~~ ~ill> ~ ~4- No.1J 1(;~ ~fnJ . tJ t;~ ~ ~Ol MEMORANDUM THRU: Aspen Planning and Zoning Commission Stan Clauson, Community Development Directo{5--' Julie Ann Woods, Deputy Director Christopher Bendon, Planner ~ W') Yoga College of India Conditional Use - Public Hearing 465 North Mill Street #9 TO: FROM: RE: DATE: January 20, 1998 SUMMARY: Bel Carpenter, representing Mill Street Venture, owner, has applied for a conditional use approval for a yoga studio at 465 North Mill Street #9. This space which is located in the SCI Zone District was previously occupied by Rare Exchange. As you are aware, the Planning and Zoning Commission has been considering text amendments to the SCI Zone District, although no final action has been taken. Pursuant to the Municipal Code, after a resolution frorn the Planning and Zoning Commission has been passed recommending amendments to the text of the Municipal Code, a temporary stay on all building permits is in effect for six months or until a final ordinance is passed by City Council. This temporary stay affects all uses regardless of whether they are proposed as permitted, conditional, or not permitted. If the Planning and Zoning Commission approves this Conditional Use before making a recommendation on the pending text amendment, this action will allow the yoga studio to remain immune frorn the temporary stay. Because a yoga studio is not a currently defined term in the Municipal Code, the Community Development Director has interpreted a yoga studio to be most similar in use to a dance studio or martial arts studio. Both of these uses are conditional uses currently and most likely will remain conditional uses with the changes to the zone district language. In the proposed text amendments to the SCI Zone District, staff has recommended rehearsal or teaching studio for creative, performing, and/or martial arts replace the current dance and martial arts studio. This language would include a yoga studio. Staff does not foresee any difficulties with the Commission considering this yoga studio as a conditional use. I Stafffelt the largest issue with this application was the parking available to the proposed use. Staff has included a condition which should mitigate the possibility of additional parking demand over the immediate three spaces for Unit #9. Staff recommends approval of the Conditional Use for a Yoga Studio, with conditions. ApPLICANT: Mill Street Venture, owner. Represented by Bel Carpenter, business owner. LOCATION: 465 North Mill Street #9. (lower level) ZONING: Service CommerciallIndustrial. (SCI) LOT SIZE, LOT AREA, FAR: Does not apply. CURRENT LAND USE: "Rare Exchange." (Furniture repair and consignment) PROPOSED LAND USE: Instructional yoga studio. PREVIOUS ACTION: The Planning and Zoning Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing. BACKGROUND: The SCI Zone District language is currently being considered by the Commission. No changes, however, are proposed that would alter the status of the proposed use other than more accurately defining dance studio as a teaching and rehearsal studio for the creative, performing, and martial arts. STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A." The application has been included as Exhibit "B." No agency referral comments were received. 2 ~ ~~o RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use for a yoga studio with the following conditions: 1. Parking for the Yoga Studio shall be limited to the existing three spaces designated to the associated unit. Additional parking demands shall be accomplished by using the excess parking on the upper portion of the parcel, by using parking spaces on the lower portion with consent of the associated tenant, or by encouraging students to walk, use transit, or park in the City facility. 2. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 3. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a Yoga Studio at 465 North Mill Street #9 with the conditions outlined in the Staffrnemo dated January 20,1998." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B n Application 3 --- EXHIBIT A STAFF COMMENTS Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals. objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Finding: The proposed use is consistent with the zone district. Dance studios and martial arts studios are conditional uses. The Community Development Director has interpreted a yoga studio to be similar in use to a dance studio or martial arts studio. The Planning and Zoning Commission has proposed this use remain conditional in the revised zone district language. Staff believes that a yoga studio is covered with the creative and performing arts language as proposed in the pending text amendments. (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. Staff Finding: Parking for the proposed yoga studio was the primary concern during initial discussions with the applicant. The use may attract more autos than the designated three spaces may accommodate. There are, however, several overfloW spaces on the upper portion of the parcel and the timing of the classes may coincide with less parking demand from other uses in the area. Staff feels that parking will not be a problem if the applicant is willing to accommodate concerns of surrounding tenants in the building by encouraging overflow parking to use the extra spaces on the upper portion of the parcel and encourage students to walk or use transit. (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. ,..~, " Staff Finding: There are adequate facilities to serve the proposed use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding: Staff feels, and the Housing Director agrees, that this proposed use will not generate any more employees than the prior use (Rare Exchange) or other permitted uses allowed for this zone district. Therefore, no additional employee mitigation should be required for this conditional use. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The proposed use complies with the other requirements of the Municipal Code assuming Conditional Use approval and issuance of a business license. A Ct,lk c 4-65 N Mill st .-U q (Indicate street address, lot & block number, legal description where appropriate) ...r" t1iU Ge\ I,.q W Phone#: q').l- -01-D5 LAND USE ApPLICATION PROJECT: Name: i I"Jj Location: ApPLICANT: . Name: C()., ",-to-- N" /ol~ q).) - \}~ AaiL" Address: ~ . PO&>x S}..t L)~lt Name: "$((""e ,,~ I I' u<tJc-c Address: Phone #: TYPE OF ApPLICATION: (please check all that apply): 18[ Conditional Use 0 Conceptual PUD o Special Review 0 Pinal PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Pinal SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane o Lot Split o Lot Line Adjustment o Temporary Use o Text/Map Amendment o Conceptual Historic Devt. o Pinal Historic Development o Minor Historic Devt. o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Other: I ."""NO CO~":ON:~:~:':;::" of ori"",,, bwldi"",. 0"" prev'""' oppN".l'. ,".) PROPOSAL: I (description of proposed buildings, uses, modifications, etc.) See opp \, l-..tu" Have you attached the following? ~ Pre-Application Conference Summary ~ Attachment #1, Signed Fee Agreement rsJ. Response to Attachment #2, Dimensional Requirements Form ~ Response to Attachment #3, Minimum Submission Contents 5::! Response to Attachment #4, Specific Submission Contents Q Response to Attachment #5, Review Standards for Your Application FEES DUE: $ \')...qD ,,,... ...... " ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees (please Print Clearly) CITY OF ASPEN (hereinafter CITY) and ~e. \ ~e"" 4-er (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Co",(h~CM<ll V~e. p\'r1M, -I- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 approval, 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 $ which is for hours of Planning 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. 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 of processing. CITY OF ASPEN s~ Community Development Director City of Aspen APPLICANT Signature: Date: Printed Name: Mailing Address: 1Y:t: ~ 1),,).1 1- &1 ~'^+v \PO \:)OX sn \)Cls.OII~ CD 'g/6'J.1_ ,.., r" ATTACHMENT 1 City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the processing ofland use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staffhours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an A~eement for Payment of Development Application Fees. The Agreernent establishes the applicant as being responsible for payrnent of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for land use applications is available at the Community Development Department. JiI'~"'_..""'" .. ~.. .. .'.." .... .... ..~ I ~- "~L ~.'~_>,_,......,.~.,~ .' .......'""____..w. ! ~~~".~.~_..~ ~::-. ..., --..-.... w ~ -,..-, _:Wf~r...).] ...... " ,'.. .. ~'. !, .." -c.' ,.,.r,'; j, .,>>-' ~"._' .. I ~ .. ' '~'t ~L-,,:;~ It,;,.:'- .lli;;" -, l~i.:;_;' t'l!~(.fl.'l 'I:, 'li.,',> ~ U;;jil ,1,';"':':"-:<; "h"J W"'::':'~- ';J; \"'i' './ 20 INFORMATION PAGE.S Aspen, ~a.sa.1t, and. c..~bcu'ud,...l. M...... 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W,Ii/dIld... . ....------ .. - .... - - 12/23/1gg7 15:15 30334%4Sg HOLLISTER & CO., PC PAGE 01 BAXTER & ASSOCIATES P.O. 80.1112 aCrea1ed Butt.., Colorado 81224 a:wa-:3,49-1220 December 23, 1997 Chris Bomdon Community Development Aspen, CO 81611 Re: Mill Street Commen:ial Center Dear Mr. Denoon: The OwneD of full Mill street Commercial Center would like to inform you that Mr. Bell ClUpenter has out permission to represent us for determining an extra conditional usage for our building. Mr. Carpeme.- is applying for use of space #9, as a yoga studio. We support him in this endeavor and give him pe:rmission to represent the parmership which owns the building. (3;cere~ /~IG David A. Baxter, Managing ;t; Mill Street Venture. _._. ~-~ 1vi~l~ Me "t<< 1/12/1Y !Ii -- ' . - . . -- ,;--- . --,;I~- r-cvjiAliJ ~ ~ . ;%~~r< . --!t~ t::tz!,_._ A~ ~__=_ f____ - I - I'I'f4CY\ Ai~4l1 3V'ldO'3~?",,,,.\S'lf .l.N ~"", r ~QL.L\ Nil ----- ;lH ~ --- (l3^,~~ . ~ . 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StvJiO .A t+Cl.(L,~-J- 6; A:"Rc- f''''pc.l>ec\. vS.e i& \I~ttd SeG 1.0"'"1 C I ~ 5/) h"....,bif' flt::,pt"\ zoV\;~ re~vl"k. o..s . (,,-J.\~...... \ 'd-L J-~. 160 of p-/')-)./n u.>c. vJ.,... , +-\.e, s(Lfr ~'. 1i--.t. \.Is.:. is Lo",~.bM ",..,J v~s; GI""! eVlI,."" (Cs +-k ..-:)C-lv-~ o c.+i",t,!& if) ,,,,,,~d.,,k v;t:,V\/'ry. (()"1>"i,.\,\c:.. "";.."- or; (0 "'"Pi, IV-l....... ~ i-k &-01"('() vv"ll ':j l/.:,.es o."'\d (,: ~ ~"" po-:ieJ y/)~" l:,Ml.."o fJlo~~ F ov'- :,:>\vJ.e" -h- wal ~ d,,&s . ~ M~l\\'O".J\y, \..v"'~ ~\."""IrI<.~c\. by r,,:J.I~ +k bu-'^'<- \", (S,,:,<,l + \-... <Nr- ~k:\...h hc.s _:",i""q\ .~v~e ~.~. lot ..v'olll k;,,~ t lo,k;~._ \:M:>.~ .fr -\-nps ^ Per-II "'t(~ w.\l ~ 'Do"""''''. r ,-1'_ 5eN,(.{. ~ OIL "~,,,~ '" lope...... D" ~ lk.. e.l<i!'~;~ ~....:\J.j~ Irtas ttJe~v",k p....'!o\,(,. ~(,.( L+Y~. f~ T\-e... prv f'o~ v&~ ",11\ IIIl>t ~'\I:>l'Yee. ,^O\h"~ ov!r" .t-k,. \V\c/'!.<<~ tk. ~J ~(" j=iio'" vSc..s . c ,....., "- ./ 1/6/98 Dear Ross Soderstrom and The City of Aspen, Thank you for your concern r.egarding our parking area at The Aspen Yoga College of India. I am sure that upon your review of our facility you will agree that there will not be any problems with parking. To give you an idea of what the studio will be like I will provide information on our Basalt studio. Then we will look at our class schedule in Aspen and additional information about parking. In Basalt, we have had an average of 5.44 students per class since we opened in March of 1997. Over the last three months we have been averaging 7.76 students per class. The week ending Dec. 13, 1997 we had 122 students in 16 classes, with an average of 7.625 students per class. This was one of our busiest weeks ever. We are predicting an average of 7 students per class in Aspen. With 1 2 classes per week, our total number of students would be 84 per week. Half of our classes are during the off hours of surrounding businesses (after 6pm and on Saturdays). The Aspen schedule will be: Monday - Friday: 4 and 6 pm (90 minute classes) Tuesday and Thursday: 12 pm (60 min) Saturday: 4pm (90 min) Although we have only three designated parking spots, almost all of our students will use alternative means of transportation. We are all familiar with the traffic situation in Aspen and on Hwy 82. I asked eleven of our Aspen students and none of them said that they would drive to our classes. Six said that they would walk, four said that they would bus and o -, ,..I one said that he woufd bike. f asked five students who five downvalfey and work in Aspen, and they at! said that they have designated spots elsewhere in town, or ride the bus to work. There is no reason for any of our students to drive by themselves to cfass at any time. Additionally, the Galena Street shuttle stops within one block of our studio. If people must drive, we will encourage them to carpool with their friends and spouses and park at the Mill St. public parking lot, which is within one and a haff blocks of our studio, during regular business hours. During off hours we will direct our students to use our five parking spots or to park upstairs where there is (+-) fifty spots available to all of the Mill St. Commercial Center Businesses, for one hour or less during regular business hours. Our neighbor, at the Lighting Studio warehouse, has permitted us to use their two spots after Five and on the weekends. Enclosed is a letter from the building manager providing more information. smc~~ /'~', ,.j ,...~,... To: Ross Soderstrome and The City of Aspen Regarding: The Yoga College of India Additional infonnation on peak business times The Yoga College oflndia opened in Basalt on March 15 of last year. Sixteen classes were offered a week and approximately 60-80 students attended per week. This trend continued throughout the . SUllIH1"" months. As Fatt ~ the-aUt::udam:e picked up to our peak numbers of around 120-130 students per week. Saluidays were our busiest day of the week. The 9:00 a.m. and the 6:30 p.rn.. class was-the busiest classes of the day. The change in attendance can be dynamic responding to snowfall, holidays, vacation etc. In Aspen, we anticipate sfrnHar trends, but also dynamic shifts around the community and students. We expect our 6:00 class to be the most popular. For any additional information that might not have been covered, please feel free to contact us at 925-7276. Sincerely, ~~ ,.... "- ,-~'" '~",~' CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 12.19.97 PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Yoga College of India Bel Carpenter -........ one step - conditional use yoga instruction land Use Code Section(s) 26.60 Conditional Use Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: staff, planning and zoning commission Yes, Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency owns property within three hundred (300) feet ofthe property subject to the development application. Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Engineering, Zoning Planning Deposit Minor ($1080) Engineering, Minor ($110); $1,290 (additional hours are billed at a rate of $1 80/hour) Review by: Public Hearing: 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. 15_ Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff = I 7. An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen. 8. Additional materials as required by the specific review. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 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. 1 O. List of adjacent property owners within 300' for public hearing. II. Copies of prior approvals 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 mayor may not be accurate. The summary does not create a legal or vested right. .~... ..- '" ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (o"'cL hov\Q I liSe ~"'" y<-~... co/l'C~r k :r..J.." 465 (If 1'1111 S+ s/ch (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: Number of residential units: Number of bedrooms: Existing: Existing: Existing: lODe p ~ Proposed: Proposed: Proposed: rooD ? p' Proposed % of demolition (Historic properties only): t% " DIMENSIONS: ~o propl&J s+Cuc.-lv'lll G~S Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined FIR: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing' Required: Proposed: Existing non-conformities or encroachments: Variations requested: REAL ESTA TE LEASE ~ L "-D- S "- This lease Agreement (this "lease") is made effective as ofbQ..CvYlh..... I, 1997, by and between ROCKEl DElICIADEGUERRA ("lessor"), and ~~<U'\ ~oJo... c..a i I "-~<<- ("lessee"). The parties agree as follows: PREMISES. lessor, in consideration of the lease payments provided in this lease, leases to lessee approximately 1000 Sa I' t. available space at 465 N. Mill Street Unit # 9 Aspen, CO 81611. The space to be leased to lessee is located on east side of Unit # 9 and its current access is through a double set of doors !rear the north end of unit. TERM. The lease term will begin on D"-c<lYlbtr01, 1997 and will terminate on h"-,.:~,,,b....- 01, 1998. -k- 1-.<-5.0;"''- "-,,.1 L...~5"-'" h",,,,,, op-Lo", -b 'n,J"">"-v.::. 5Lc.b\.o.,,-,,-,,- ~~ l3o) Ja.,\~ ?r,cr ~ -::t>il.C'..J,.,,,,bQ.,<, \, IC\'\'>l.. lEASE PAYMENTS. lessee shall pay to lessor initial monthly payments of~5';\IV"-\ per month, payable in advance on the first day of each month, for a total annual lease payment of at least $ I q,oc 8.00. Furthermore, lessee shall pay last month's rent prior to occupancy. Although lessee's monthly lease payments commence at~ \51)'-1.'" it) may be increased at any time during the lease period if and only if lessor's monthly lease payments are increased by Mill St. Ventures (the "landlord"). lessee's increased monthly payments to lessor shall be at the same percentage as lessor's increased monthly payments to landlord. lease payments shall be made out to : RARE EXCHANGE 465 N-MiII St. #(\ Aspen, Colorado 81611. POSSESSION. lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to lessor on the last day of the term of this lease, unless otherwise agreed by both parties in writing. USE OF PREMISES. lessee may use the Premises only for the purpose ofL\o~a.. Md. o--\hu- rn~s;c..a...\ "1i1o?f'4'h1' The Premises may be used for any other purpose only with the prior written consent of lessor, which shall not be unreasonably withheld. PROPERTY INSURANCE. lessor and lessee shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. DEFAULTS. lessee shall be in default of this lease if lessee fails to fulfill any lease l-:tl ~ _ obligation or term by which lessee is bound. Subject to any governing provisions Of~ 'Ii ~'1'~\-\~\nL:' _ ~._ ~,_""""~____"""_'___"_h'__ _'__'_"'_""_"~'~_;'__'~~'" ,# " law to the contrary. if Lessee fails to cure any financial obligation within 10 days (or any other obligation within 10 days) after written notice of such default is provided by Lessor to Lessee, Lessor may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Lessor's rights to damages. In the alternative, Lessor may elect to cure any default and the cost of such action shall be added to Lessee's financial obligations under this Lease. Lessee shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Lessor by reason of Lessee's defaults. All sums of money or charges required to be paid by Lessee under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". NOTICE. Notices under this Lease shall not be deemed valid ",nless given or served in writing and forwarded by mail. postage prepaid. addressed as follows:- - LESSOR: Name: Address: Rockel Deliciadeguerra db", koc..\:..:t:te... ~Y-f" c/o RARE EXCHANGE 465 N MILL ST:f:t \~ ASPEN, Colorado 81611 LESSEE: Name: Address: 1\'5f'li\ ,\oc:,~ G,\k':r'" 1, ,*"d,o..... ,l...\""P Po. &'1< 5'z..~ ~\t, <20 't\Ic2...1 Such addresses may be changed from time to time by either party by providing notice as set forth above. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. ~ ~~~"\~~ l~(~n 2 ~. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Colorado. LEGAL DESCRIPTION. The legal description for the Premises is: MILL ST VENTURES OF MILL ST SECURITY DEPOSIT AND LAST MONTH'S RENT. At the time of the signing of this Lease. Lessee shall pay to Lessor a security deposit of 2)lh8.<~ to be held and disbursed for Lessee damages to the Premises (if any) as pro'(!ded by law. All or any part of the Security D~eposit and last month's rent may be commingled with other funds of Lessor and in no way shall be construed as giving rise to any manner of trust relationship or be deemed held in trust. FURNISHINGS. The following furnishings will be provided: ONLY THE SHELVES THAT ARE EXISTING. Lessee shall return all such items at the end of the lease term in a condition as good as the condition at the beginning of the lease term, except for such deterioration that might result from normal use of the furnishings. PARKING. Lessee shall be antitled to use TOP OF GRADE ISLAND parking space(s) for the parking of the Lessee's customers'/guests' motor vehicle{sl. LATE PAYMENTS. Lessee shall pay a late fee equal to $30.00 per day, beginning the day after the due date for each payment that is not paid within 10 days after its due date. ~ HOLDOVER. If Lessee maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Lessee shall pay to Lessor a lease payment for the Holdover Period equal to the amount set forth in the following Lease Payments paragraph. Such holdover shall constitute a month to month extension of this Lease. NON-SUFFICIENT FUNDS. Lessee shall be charged $30.00 for each check that is returned to Lessor for lack of sufficient funds. UTILITIES AND SERVICES. Lessee will f9 GL.u 0 ~ me.. utility expenses - electricity - water and sewer - heating - garbage and trash disposal l~1"1'l7 ~.,~ \ ;~ 1?Lb 3 Lessee is totally responsible for its respective janitorial services and telephone service. Lessee acknowledges that Lessor has fully explained to Lessee the utility rates, charges and services for which Lessee will be required to pay. LIABILITY INSURANCE. Lessee shall maintain liability insurance in a total aggregate sum of at least $250,000.00. Lessee shall deliver appropriate evidence to Lessor as proof that adequate insurance is in force. Lessor shall have the right to require that the Lessor receive notice of any termination of such insurance policies. REMODELING OR STRUCTURAL IMPROVEMENTS. Lessee shall have the obligation to conduct any construction or remodeling (at Lessee's expense) that may be required to use the Premises as specified above. Lessee may also construct such fixtures on the Premises (at Lessee's expense) that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Lessor which shall not be unreasonably withheld. At the end of the lease term, Lessee shall be entitled to remove (or at the request of Lessor shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. ACCESS BY LESSOR TO PREMISES. Subject to Lessee's consent (which shall not be unreasonably withheld), Lessor shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers. mortgagees, tenants or workers. As provided by law, in the case of an emergency, Lessor may enter the Premises without Lessee's consent. Additionally, Lessor may enter the Premises without Lessee's consent to access utility box and/or telephone wiring. . INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Lessee agrees to indemnify, hold harmless, and defend Lessor from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Lessor may suffer or incur in connection with Lessee's use or misuse of the Premises. DANGEROUS MATERIALS. Lessee shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Lessor is obtained and proof of adequate insurance protection is provided by Lessee to Lessor. ASSIGNABILITY/SUBLETTING. Lessee may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Lessee (from the ownership existing at the inception of this lease), without the prior written consent of Lessor, which shall not be unreasonably withheld. (J.h, \'n ~ \ \ -"?'2/~\)~ 4 ~ \\ \\'-\//Z-_ . r "., " IN WITNESS WHEREOF. the parties have executed this Lease Agreement the day and year first above written. LESSOR: ~~~ ROCKapELlCIADEGUERRA - 060- . 1<.od:.~ G."f'. LESSEE: - ~ ~/~ o..SI'''''-' ~o.sc.. C-olkj"- ~ c..o...-p...."'-\-<L..... (J-/S!r7 "t ~<h.<... ILl.- P ~h(rl ~,,~\\~ I5C ~,~ - .5 'I'" AspenlPitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00 II 3-{i3850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right-of- Way -{j3875-046 Zoning & Sign Permit -MROII Use fax 10000-67100-383 Park Dedicalion 15000-63050-480 All Commercial 15000-63065-482 AH Residential County Land Use Application Fees: 00113-{j38oo-033 Deposit -63805-034 Flat Fee -63820-037 ZOlling -63825-038 Board of Adjustment Referral Fees: 00113-{j3810-035 001 ]5-63340-163 62023-63340-190 00125-63340-205 00113-63815-036 00 1I3-638 1 2-2 12 County Engineer City Engineer Housing Environmental Health County Clerk Wildlife Officer Sales: 00113-63830-039 -69000-145 County Code Copy Fees Other Narne:{ZLll~ Address: _. ~.Ti~__._~ _ _~ .__-lLIt7.-f-1_ Phone: ~X3t tv70 1o?x'J~ d\~ ---~------------ ---J-10'- ---- ...... --VfT-- .;::- -- Totalwqa.__._____ Datel1.tt- Chec~ ~ p~ct:~Cd\e~ case~\Sm- No. of Copies__~__ f :1.,';. 2737-073-00-048 A95-97 —Yogga Coll,ge Conditional Use Review — 465 N. Mill /9 ti I rj Aspen/Pitkin Community Development Department 4 130 South Galena Street t Aspen, Colorado 81611 (970)920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee, -63860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit -MRO 1 I Use Tax 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial 15000-63065482 AH Residential County Land Use Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee _ -63820-037 Zoning -63825-038 Board of Adjustment _ Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 62023-03340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212. Wildlife Officer ,Sales: f 0011363830-039 County Code 69000-145 Copy Fees _ Other w .. rMIMORM C� _�7 �'__ \01 it Total lu _ Date, _Check: Pro'ect:� e Case No: TI No. of Copies _ 3 k PARCEL ID: 2737-073-048 _ DATE RCVD:' 12/22/97 #"COPI"ES43,PLNR, ,CASE NO A095-97 : Y CASE'NAMEoga College Conditional Use Chris Bendon PROJ ADDR: 465 N Mill #9 CASE TYP: Conditional Use STEPS: One OWN/APP: Mill Street Venture ADR C/S! PH REP Carpenter, Bel ADR P.O. Box 528 C/S2: Basalt, CO 81623 PHN 927-1230 FEES DUEI 1080+110=1190 FEES RCVD 1180+110=1290 4 STAT: REFERRALS REF= BY DUE: MTG DATE:. REV BODY PH NOTICED DATE OF FINAL ACTION: 01/20/98 REMARKS CITY COUNCIL: PZ: Reso #98-2 CLOSED: 02/04/98 BY: Rhonda Harris BOA: DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN RESOLUTION OF THE ASPEN PLANNING AND ZONING COMNUSSION APPROVING THE CONDITIONAL USE OF A YOGA STUDIO AT 465 NORTH MILL STREET, UNIT NUMBER 9, CITY OF ASPEN Resolution #98 - 2 WHEREAS, the Community Development Department received an application from Bel Carpenter, representing Mill Street Venture, owner, for conditional use approval for a yoga studio at 465 North Mill Street, unit number 9; and. WHEREAS, the Community Development Director has interpreted a yoga studio to be most similar in use to a dance studio or martial arts studio; and, WHEREAS, the subject parcel is located in the Service/Commercial/Industrial Zone District in which both a dance studio and martial arts studio are conditional uses which may be approved by the Planning and Zoning Commission pursuant to Section 26.60 of the Municipal Code; and, WHEREAS, the Housing Office, City Engineering, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a public hearing at a regular meeting on January 20, 1998, the Planning and Zoning Commission approved by a 6-0 vote the Conditional Use for a yoga studio to be located at 465 North Mill Street, unit number 9, with the conditions recommended by the Community Development Department. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Conditional Use for a yoga studio at 465 North Mill Street, unit number 9, is approved with the following conditions: Parking for the Yoga Studio shall be limited to the existing three spaces designated to the associated unit. Additional parking demands shall be accomplished by using the excess' parking on the upper portion of the parcel, by using parking spaces on the lower portion with consent of the associated tenant, or by encouraging students to walk, use transit, or park in the City facility. 2. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. 3. _ The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission at its regular meeting on January 20, 1998.. APPROVED AS PLANNING AND ATTEST: TO FORM: ZONING COMMISSION: ity Attorney Sara Garton, Chair ackie Lo i n, Deputy City Clerk A 0 MEMORAINDUM To: Chris Bendon, Project Planner Thru: Nick Adeh, City Engineer/Alc.�_ From: Ross C. Soderstrom, Project Engineer rk5- Date: January 29, 1998 Re: Yoga College of India Conditional Use Physical Address: 465 N. Mill St., # 18, City of Aspen, CO Legal Description: N/A Parcel ID No.: N/A After reviewing the above referenced application and making a site visit, I am reporting the comments of the City Engineering Department: [Site conditions at the time of site visit: January 13, 1998; lightly snowing, 3 - 8 inches snow pack; some ground surface and features indistinguishable under snow and ice pack.] Discussion: The primary consideration for the proposed use of a yoga studio in this existing building is whether there is sufficient vehicle parking available on -site. The applicant, Mr. Carpenter, provided a couple letters in which he estimated the probable number of students who may attend his classes and addressed where they may park if they were to drive to class. In a conversation with myself, he estimates that the studio may accommodate 25 students although he expects that average class size to be 12 students or less. Due to seasonal variations, he has found that his highest attendance has been during the off-seasons, particularly in the spring. Typically the most highly attended classes are outside of normal business hours, early evening and weekend classes, which correspond to lower levels of business traffic. The mid -morning sessions have moderate to high attendance. A letter from the building manager, states that this tenant will have three (3) assigned parking spaces in addition to the open parking lot facing the Puppy Smith St. frontage of the property which contains approximately 40 parking spaces. The combined parking lots on the N. Mill St. side of the building contain approximately 30 parking spaces, including those of the neighboring building. Per the applicant, the other building tenants do not object if his students use their assigned parking spaces outside of the work hours of the other tenants. 1. Parking: The applicant should be required to encourage his students to use alternate means of transportation other than motor vehicles to minimize the impacts due to additional parking by his students. This would include encouraging the use of buses, walking, bicycling, parking at the students' work place and using other means of transportation, and using the Rio Grande Parking Garage (approximately 1 1/2 blocks from the studio). 2. Changes in Conditions: The preceding recommendations are based upon the information and representations provided to the Engineering Dept. by the applicant. If the proposed conditions of use or timing of use for this property change subsequent to this review, a complete set of the revised plans shall be provided to the Engineering Dept. for review and re-evaluation. The discussion and recommendations given in this memorandum may change during a subsequent review of this application to reflect then current conditions and additional future information. Page 1 of 1 DRCM0198.DOC I i Fri R / m/ -__RV�,h_�e,_9dm_Wav ctAhi,4� vF�4 �L nM_,_wn,Ge�1_aw,it� 4y_*IW4 �n;,,N -- en_� Pa�AG _�v� -�u;`�r{,I_.M �_bvr. --- — • 0 MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Stan Clauson, Community Development Director Julie Ann Woods, Deputy Director FROM: Christopher Bendon, Planner awl RE: Yoga College of India Conditional Use - Public Hearing 465 North Mill Street #9 DATE: January 20, 1998 SUMMARY: Bel Carpenter, representing Mill Street Venture, owner, has applied for a conditional use approval for a yoga studio at 465 North Mill Street #9. This space which is located in the SCI Zone District was previously occupied by Rare Exchange. As you are aware, the Planning and Zoning Commission has been considering text amendments to the SCI Zone District, although no final action has been taken. Pursuant to the Municipal Code, after a resolution from the Planning and Zoning Commission has been passed recommending amendments to the text of the Municipal Code, a temporary stay on all building permits is in effect for six months or until a final ordinance is passed by City Council. This temporary stay affects all uses regardless of whether they are proposed as permitted, conditional, or not permitted. If the Planning and Zoning Commission approves this Conditional Use before making a recommendation on the pending text amendment, this action will allow the yoga studio to remain immune from the temporary stay. Because a yoga studio is not a currently defined term in the Municipal Code, the Community Development Director has interpreted a yoga studio to be most similar in use to a dance studio or martial arts studio. Both of these uses are conditional uses currently and most likely will remain conditional uses with the changes to the zone district language. In the proposed text amendments to the SCI Zone District, staff has recommended rehearsal or teaching studio for creative, performing, and/or martial arts replace the current dance and martial arts studio. This language would include a yoga studio. Staff does not foresee any difficulties with the Commission considering this yoga studio as a conditional use. Staff felt the largest issue with this application was the parking available to the proposed use. Staff has included a condition which should mitigate the possibility of additional parking demand over the immediate three spaces for Unit #9. Staff recommends approval of the Conditional Use for a Yoga Studio, with conditions. APPLICANT: Mill Street Venture, owner. Represented by Bel Carpenter, business owner. LOCATION: 465 North Mill Street #9. (lower level) ZONING: Service Commercial/Industrial. (SCI) LOT SIZE, LOT AREA, FAR: Does not apply. CURRENT LAND USE: "Rare Exchange." (Furniture repair and consignment) PROPOSED LAND USE: Instructional yoga studio. PREVIOUS ACTION: The Planning and Zoning Commission has not previously considered this application. REVIEW PROCEDURE: Conditional Use. With a recommendation from the Planning Director, the Commission may approve, approve with conditions, or deny a conditional use application at a public hearing. BACKGROUND: The SCI Zone District language is currently being considered by the Commission. No changes, however, are proposed that would alter the status of the proposed use other than more accurately defining dance studio as a teaching and rehearsal studio for the creative, performing, and martial arts. STAFF COMMENTS: Review criteria and staff findings have been included as Exhibit "A." The application has been included as Exhibit "B." No agency referral comments were received. 2 RECOMMENDATION: Staff recommends the Planning and Zoning Commission approve the Conditional Use for a yoga studio with the following conditions: 1. Parking for the Yoga Studio shall be limited to the existing three spaces designated to the associated unit. Additional parking demands shall be accomplished by using the excess parking on the upper portion of the parcel, by using parking spaces on the lower portion with consent of the associated tenant, or by encouraging students to walk, use transit, or park in the City facility. 2. Any expansion or other significant change in the operation of this use will be subject to all applicable requirements of the Municipal Code which may include conditional use approval from the Planning and Zoning Commission. The applicant shall record this Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: "I move to approve the Conditional Use for a Yoga Studio at 465 North Mill Street 49 with the conditions outlined in the Staff memo dated January 20, 1998." �O ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Application 3 CJ EXHIBIT A STAFF COMMENTS Section 26.60.040, Standards Applicable to all Conditional Uses (A) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district in which it is proposed to be located. Staff Findina: The proposed use is consistent with the zone district. Dance studios and martial arts studios are conditional uses. The Community Development Director has interpreted a yoga studio to be similar in use to a dance studio or martial arts studio. The Planning and Zoning Commission has proposed this use remain conditional in the revised zone district language. Staff believes that a yoga studio is covered with the creative and performing arts language as proposed in the pending text amendments. (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. Staff Finding: Staff feels that this proposed use is compatible with the surrounding uses in the area. (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. Staff Finding: Parking for the proposed yoga studio was the primary concern during initial discussions with the applicant. The use may attract more autos than the designated three spaces may accommodate. There are, however, several overflow spaces on the upper portion of the parcel and the timing of the classes may coincide with less parking demand from other uses in the area. Staff feels that parking will not be a problem if the. applicant is willing to accommodate concerns of surrounding tenants in the building by encouraging overflow parking to use the extra spaces on the upper portion of the parcel and encourage students to walk or use transit. (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. Staff Finding: There are adequate facilities to serve the proposed use. (E) The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Staff Finding_ Staff feels, and the Housing Director agrees, that this proposed use will not generate any more employees than the prior use (Rare Exchange) or other permitted uses allowed for this zone district. Therefore, no additional employee mitigation should be required for this conditional use. (F) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this title. Staff Finding: The proposed use complies with the other requirements of the Municipal Code assuming Conditional Use approval and issuance of a business license. • LAND USE APPLICATION PROJECT: Name: e,,, % a c1< < of 2V41 Location: 4s IV M c l i S+ -4 q (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: J--v Name: Qek C ,4cr- 1000 Address: PA 1A/ 41 al PObDx 511 6., 4 eo Phone 0105 PRESENTATIVE: Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ 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, condom iniumization) Expansion Mountain View Plane Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) See appl IC 46" r PROPOSAL: (description of proposed buildings, uses, modifications, etc.) See upp I� cai,o►• Have you attached the following? FEES DUE: Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form Response to Attachment 0, Minimum Submission Contents Response to Attachment #4, Specific Submission Contents Response to Attachment #5, Review Standards for Your Application ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees . (Please Print Clearly) CITY OF ASPEN (hereinafter CITY) and i�e- � (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for C0%AA1-�la-1Q US e iJe"y"+ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996) 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 approval, 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 $ which is for hours of Planning 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. 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 of processing. CITY OF ASPEN APPLICANT Signature: J�/ Stan auso Date: I a Community Development Director Printed Name: 'Bel K City of Aspen Mailing Address: P p (�Ox S 8 &So 4 Cry �l6�.1 ATTACHMENT 1 City of Aspen Development Application Fee Policy The City of Aspen, pursuant to Ordinance 43 (Series of 1996), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the Aspen/Pitkin Community Development Department. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Planning for Staff Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Planning when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual staff time spent will be charged against the deposit. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. After the final action on the project, any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Payment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for land use applications is available at the Community Development Department. 1 1, I _ Pmp K ,Roaring L R t ...nlr Basalt �;- a f Fork _ •`„ STATE,NILDLIFE \!t Cobrdao T� '�'�.. AREA �. I) RxNY ` Hp0� �. Sd�In Carbondale , ��°• To Jh urdM pdrq `1«0Ar .•'••••.-;1 (,1Hi.tine IMnw�,- itGukN Ski Ne. W.0, PI RR*Ww Av b•° NIRoMn d KM Nr v 1r 3usimicsLOOP v ♦3 .. a r .. ; ; : •• Bat.H ,... �'1• C Ire A.A 2 1 / ! pilRY llle p, A p R. .l:l �� , `•Lf. 1'IIKINCORd ' �• d 00 f� n ' '_ ru I ` Luba PR1c ,�, �, Nvilii INl7 CnrhmW.N 'Cj 1, 1 ���r3,��' ���,L � t _x P• r� ..tw„ n ^. 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B-3 I ,i....EJ 12/23/1997 16:15 3033495489 HOLLISTER & CO., PC PAGE 01 • • BAXTER S ASSOCIATES P.O. Box 1112 . Created Butte, +Colorado 81224 ■ 303-349-1220 December 23, 1997 Chris Bendon Community Development Aspen, CO 91611 Re: Mill Street Commercial Center Dear Mr. Bandon: The owners of the Mill street Commercial Center would litre to inform you that Mr. Bell Carpenter has out permission to represent us for determining an extra conditional usage for our building. Mr. Carpenter is applying for use of space #9, as a yoga studio. We support him in this endeavor and give him permission to ,represent the partnership which owns the building. Sincerel , David A. Baxter, Managing n ter Mill Street Venture. -� _ - __h ^ -. _.� - ,� •� `err-1i...v - _ L L.. ~ .._ �,� _, �yh, �` `i ` 1 ,'� .. { �. _ � _.'• - � ., .. f � .ram„ � r I • • 1 YOS�t - — wii� _ _—'-Nc tr as 1,c?a,� r-- MY e^�c� I �i.��d�s�-- 's _ PD f36:c _ cd_g� 6 fit_, My �1,►���_ �,�,,., bo- ,s _ _ �a� - 0�0.5 -�+ — -- g1;-_ I I --- — 1- aw\ aPP�r�� l;-- a-- - a- _you%- MOV\ .I -- e_ _ TOP _Vs� — — -- �--- — — 41 1 —"Ifve- - - - -- - - j P°k � • � ; Mow � 5 ON -- _ — - — ---- �� - by �I — T — --r- - -k/SC � 5 L0�515TG Yt AnA CowpA�'b�L- _ wl��n t 'rM.-Vial, I - - -- - -- le�nc-•ccs09 GG vi"hcs �Yi---i,,�-elanjjvlcr�,�- -y- — — _Kock _a�_ _ oJ,- 5Q?"jr will — - I e� ►,N. i ha�� br_ —�� I dl � � _ �,�..� 5erv_r ce Do we a icy. u�' -- -- - — I } � �Ja 54 � t To v�rr- SNt�a..}� -- —` � h3pe�-• - - crca —i�c Dv5I1 _y 0 • 1/6/98 Dear Ross Soderstrom and The City of Aspen, Thank you for your concern -regarding our parking area at The Aspen Yoga College of India. I am sure that upon your review of our facility you will agree that there will not be any problems with parking. To give you an idea of what the studio will be like I will provide information on our Basalt studio. Then we will look at our class schedule in Aspen and additional information about parking. In Basalt, we have had an average of 5.44 students per class since we opened -in March of 1997. Over the last three months we have been averaging 7.76 students per class. The week ending Dec. 13, 1997 we had 122 students in 16 classes, with an average of 7.625 students per class. This was one of our busiest weeks ever. We are predicting an average of 7 students per class in Aspen. With 12 classes per week, our total number of students would be 84 per week. Half of our classes are during the off hours of surrounding businesses (after 6pm and on Saturdays). The Aspen schedule -wall be: Monday - Friday: 4 and 6 pm (90 minute classes) Tuesday and Thursday: 12 pm (60 min) Saturday: 4pm (90 -min) Although we have only three designated parking spots, almost all of our students will use alternative means of transportation. We are all familiar with the traffic situation in Aspen and on Hwy 82. 1 asked eleven of our Aspen students and none of them said that they would drive to our classes. Six said that they would walk, four said that they would bus and one said that he would bike. l asked five students who live downvalley and work in Aspen, and they all said that they have designated spots elsewhere in town, or ride the bus to -work. There is no reason for any of our students to drive by themselves to class at any time. Additionally, the Galena Street shuttle stops within one block of our studio. If people must drive, we will encourage them to carpool with their friends and spouses and park at the Mill St. public parking lot, which is within one and a half blocks of our studio, during regular business hours. During off hours we will direct our students to use our five parking spots or to . park upstairs where there is (+-) fifty spots available to all of the Mill St.. Commercial Center Businesses, for one hour or less during regular business hours. Our neighbor, at the Lighting -Studio warehouse, has permitted us to use their two spots after Five and on the weekends. Enclosed is a letter from the building manager .providing more information. Sincerely, 861 Carpenter • 0 To. Ross Soderstrome and The City of Aspen Regarding: The Yoga -College of India Additional information on peak business times The Yoga College of India opened in Basalt on March 15 of last year. Sixteen classes were offered a week and -approximately 60-80- students attended per week. This trend continued throughout the summer months. As Fad approad the -attendance picked up to our peak numbers of around 120-130 students- per week. Saturdays _ were our busiest day of the week. The 9:00 a.m. and the 6:30 p.m.. class was the- busiest classes of the day. The- change in attendance can be dynamic responding to snowfall, holidays, vacation etc. In Aspen, we anticipate similar trends, but also dynamic shifts around the community and' students We expect our 6:00 class to be the most popular. For any additional information that might not have been covered, please feel free to contact us at 925-7276. Sincerely, Bel Carpenter PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION DESCRIPTION: Land Use Code Section(s) 26.60 Conditional Use CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY Chris Bendon, 920.5072 Yoga College of India Bel Carpenter one step - conditional use yoga instruction DATE: 12.19.97 Review by: staff, planning and zoning commission Public Hearing: Yes, Applicant'must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency owns property within three hundred (300) feet of the property subject to the development application . Applicant will need to provide proof of posting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Zoning Planning Fees: Planning Deposit Minor ($1080) Referral Agency Fees: Engineering, Minor ($110); Total Deposit: $1,290 (additional hours are billed at a rate of $180/hour) 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. 15_ Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 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. Please refer to the application packet for specific submittal requirements or to the code sections noted above. 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. 10. List of adjacent property owners within 300' for public hearing. 11. Copies of prior approvals 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. • M Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM COLJJ�a a( Use S (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: lbbb Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: G Propas�'_J S+rucivral G"A%cr WIDD Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing. Required: Proposed: Combined Sides: Existing: Required: - Proposed: Existing non -conformities or encroachments: Variations requested: REAL ESTATE LEASE Slip L eAS zz This Lease Agreement (this "Lease") is made effective as of I.., 1997, by and between ROCKEI DELICIADEGUERRA ("Lessor"), and ks+e_r\ 4o - C.o i ("Lessee"). The parties agree as follows: PREMISES. Lessor, in consideration of the lease payments provided in this Lease, leases to Lessee approximately iaco.Sn,� t: available space at 465 N. Mill Street Unit # 9 Aspen, CO 81611. The space to be leased to Lessee is located on east side of Unit # 9 and its current access is through a double set of doors near the north end of unit. TERM. The lease term will begin on Lb `c_embt(01, 1997 and will terminate on h'-ce.mba,- 01, 1998. a:,d LLSS.zLe_ hove. op -Lori 4c gene.:,,:; 5L b Lc,.� �30) 4CLy5 Prkvr -kW ✓Q n1 %, LEASE PAYMENTS. Lessee shall pay to Lessor initial monthly payments of per month, payable in advance on the first day -of each month; for a total annual lease payment of at least $ A*00 %• �Q Furthermore, Lessee shall pay last month's rent prior to occupancy. Although Lessee's monthly lease payments commence at 8 15�it may be increased at any time during the lease period if and only if Lessor's monthly lease payments are increased by Mill St. Ventures (the "Landlord"). Lessee's increased monthly payments to Lessor shall be at the same percentage as Lessor's increased monthly payments to Landlord. Lease payments shall be made out to : RARE EXCHANGE 465 N Mill St. # (9, Aspen, Colorado 81611. POSSESSION. Lessee shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to Lessor on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. USE OF PREMISES. Lessee may use the Premises only for the purpose of'.Oc� - cd. 1, 0- hex ?1 hys j c_a__ 1 it,er0.ph1• The Premises may be used for any other purpose only with the prior written consent of Lessor, which shall not be unreasonably withheld. PROPERTY INSURANCE. Lessor and Lessee shall each be responsible to maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. DEFAULTS. Lessee shall be in default of this Lease if Lessee fails to fulfill any lease obligation or term by which Lessee is bound. Subject to any governing provisions of`� 1 law to the contrary, if Lessee fails to cure any financial obligation within 10 days (or any other obligation within 10 days) after written notice of such default is provided by Lessor to Lessee, Lessor may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Lessor's rights to damages. In the alternative, Lessor may elect to cure any default and the cost of such action shall be added to Lessee's financial obligations under this Lease. Lessee shall pay all costs, damages, and expenses .(including reasonable attorney fees and expenses) suffered by Lessor by reason of Lessee's defaults. All sums of money or charges required to be paid by Lessee under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded -by mail, postage prepaid, addressed as follows: LESSOR: Rockei Deliciadeguerra Name: c/o RARE EXCHANGE Address: 465 N MILL ST *k 1'3 ASPEN, Colorado 81611 LESSEE: Name: Address: cam. , Such addresses may be changed from time to time by either party by providing notice as set forth above. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. "11� 2 CUMULATIVE RIGHTS. The rights of the parties.under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Colorado. LEGAL DESCRIPTION. The legal description for the Premises is: MILL ST VENTURES OF MILL ST SECURITY. DEPOSIT AND LAST MONTH'S RENT. At the time of the signing of this Lease, Lessee shall pay to Lessor a security deposit of 3,I.b8.`� to be held and disbursed for Lessee damages to the Premises (if any) as provided by law. All or any part of the Security Deposit and last month's rent may be commingled with other funds of Lessor and in no way shall be construed as giving rise to any manner of trust relationship. or be deemed held in trust. FURNISHINGS. The following furnishings will be provided: ONLY THE SHELVES THAT ARE EXISTING. Lessee shall return all such items at the end of the lease term in a condition as good as the condition at the beginning of the lease term, except for such deterioration that might result from normal use of the furnishings. PARKING. Lessee shall be entitled to use TOP OF GRADE ISLAND parking space(s) for the parking of the Lessee's customers'/guests' motor vehicle(s). LATE PAYMENTS. Lessee shall pay a late fee equal to $30.00 per day, beginning the day after the due date for each payment that is not paid within 10 days after its due date. HOLDOVER. If Lessee maintains possession of the Premises for any period after the termination of this Lease ("Holdover Period"), Lessee shall pay to Lessor a lease payment for the Holdover Period equal to the amount set forth in the following Lease Payments paragraph. Such holdover shall constitute a month to month extension of this Lease. NON -SUFFICIENT FUNDS. Lessee shall be charged $30.00 for each check that is returned to Lessor for lack of sufficient funds. UTILITIES AND SERVICES. Lessee will f{ 0_4_ o� -t�)z utility expenses - electricity - water and sewer - heating - garbage and trash disposal 3 Lessee is totally responsible for its respective janitorial services and telephone service. Lessee acknowledges that Lessor has fully explained to Lessee the utility rates, charges and services for which Lessee will be required to pay. LIABILITY INSURANCE. Lessee shall maintain liability insurance in a total aggregate sum of at least $250,000.00. Lessee shall deliver appropriate evidence to Lessor as proof that adequate insurance is in force. Lessor shall have the right to require that the Lessor receive notice of any termination of such insurance policies. REMODELING OR STRUCTURAL IMPROVEMENTS. Lessee shall have the obligation to conduct any construction or remodeling (at Lessee's expense) that may be required to use the Premises as specified above. Lessee may also construct such fixtures on the Premises (at Lessee's expense) that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Lessor which shall not be unreasonably withheld. At the end of the lease term, Lessee shall be entitled to remove (or at the request of Lessor shall remove) such fixtures, and shall restore the Premises to substantially the same. condition of the Premises at the commencement of this Lease. ACCESS BY LESSOR TO PREMISES. Subject to Lessee's consent (which shall not be unreasonably withheld), Lessor shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. As provided by law, in the case of an emergency, Lessor may enter the Premises without Lessee's consent. Additionally, Lessor may enter the Premises without Lessee's consent to access utility box and/or telephone wiring. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law, Lessee agrees to indemnify, hold harmless, and defend Lessor from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Lessor may suffer or incur in connection with Lessee's use or misuse of the Premises. DANGEROUS MATERIALS. Lessee shall not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might substantially increase the danger of fire on the Premises, or that might be considered hazardous by a responsible insurance company, unless the prior written consent of Lessor is obtained and proof of adequate insurance protection is provided by Lessee to Lessor. ASSIGNABILITY/SUBLETTING. Lessee may not assign or sublease any interest in the Premises, nor effect a change in the majority ownership of the Lessee (from the ownership existing at the inception of this lease), without the prior written consent of Lessor, which shall not be unreasonably withheld. (11$ 1,7n 4 IN WITNESS WHEREOF, the parties have executed this Lease Agreement the day and year first above written. LESSOR: ROCKELDELICIADEGUERRA 860— o�- Cy-,? . LESSEE: �2zil 7 a-5 qzn y � Co 11 ��z ° T d-c:. , L L P .5