HomeMy WebLinkAboutcoa.lu.gm.210 N Mill St.A50-93
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 09/15/93
DATE COMPLETE: ~/3,fr3
PARCEL ID AND CASE NO.
2737-073-18-001 A50-93
STAFF MEMBER: M:: f\-1L
Commercial GMOS. soecial Review
PROJECT NAME: Cao's Auto Suoolv
& Vested Riqhts
Project Address: 210 N. Mill st.
Legal Address:
APPLICANT:
Knezevich
Applicant Address: 533 E. Hookins Ave.. Asoen. CO
REPRESENTATIVE: Sunnv Vann
Representative Address/Phone:
Asoen Vallev Bancshares. Inc.. clo Oates. Huqhes &
81611
230 E. Hookins
Asoen. CO 81611
925-6958
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$3925.00
$ 234.00
$ 140.00
$
$4299.00
# APPS RECEIVED
# PLATS RECEIVED
21
TYPE OF APPLICATION: STAFF APPROVAL:
P&Z Meeting Date Pec. 7th PUBLIC
b-l (t..,,(,; ./)Qc.'2.7/1. VESTED
CC Meeting Date 4,] r",d,~ Ja".? 4th PUBLIC
VESTED
101,yl'1?
1 STEP: 2 STEP: --1L-
HEARING: <@) NO
RIGHTS: YES NO
HEARING: ~ NO
RIGHTS: NO
DRC Meeting Date t',<:J
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REFERRALS:
city Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
x
X
&
)(
Parks Dept.
Bldg Inspector
X Fire Marshal
::E: Holy Cross
Mtn. Bell
X ACSD
j X Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: 10 II /? -3 INITIALS: D D DUE: /1 If /93
================================================~L;F============
FINAL ROUTING: DATE ROUTED: -:v c7 / q r-INITIAL;lllJ1J
___ city Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
RESOLUTION NO. ~
(Series of 1994)
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN,
COLORADO, DRACO, INC., AND ASPEN VALLEY BANCSHARES, INC., SETTING
FORTH THE TERMS AND CONDITIONS IN CONNECTION WITH A WAIVER OF
RIGHT OF FIRST REFUSAL BY THE CITY OF ASPEN FOR THE PROPERTY
WHERE CAP'S AUTO SUPPLY IS PRESENTLY LOCATED, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council an
agreement between the City of Aspen, Colorado, Draco, Inc., and
Aspen Valley Bancshares, Inc., which agreemept provides for the
city's waiver of the right of first refusal on the Cap's Auto
Supply property, a copy of which agreement is annexed hereto and
made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves
that agreement between the City of Aspen, Colorado, Draco, Inc.
and Aspen Valley Bancshares, Inc., a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the
Mayor to execute said agreement on behalf of the City of Aspen.
Dated: ~~ 0'
, 1994.
JOhjfBe:~e~~:-::::
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
,
resolution adopted by the City Council of the city of Aspen,
Colorado, at a meeting held ~~ .;;;J-,/ , 1994.
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Clerk
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3bb537 B-740 P-791 02/04/94 09:17A P6 1 OF 2
SILVIA DAVIS PITKIN COUNTY CLERK 1 RECORDER
REC DOC
10,00
WAIVER OF RIGHT OF FIRST REFUSAL
WHEREAS, by written Right of First Refusal, daled November 21, 1989 ("Right of First
Refusal"), DRACO, INC., a Colorado Corporation ("Draco") granted to the CITY OF ASPEN,
COLORADO ("City") a home rule city, a right of first refusal to purchase by matching a bona fide
offer in the event of the sale of the property described in Exhibit "A" attached hereto ("Property"),
which Right of First Refusal is recorded in Book 608 at Page 265 of the records of Pitkin County,
Colorado, and
WHEREAS, Draco has an opportunity to enter inlo a long term lease of the Property to
ASPEN VALLEY BANCSHARES, INC. ("Bank"), which lease shall conlain an option granted to
the Bank to Purchase the Property at its fair market value at the time the option shall be exercised,
and
WHEREAS, the City is willing to accommodate Draco and the Bank by waiving its right of
first refusal to permit Draco 10 enter into a lease with the Bank containing such option to purchase
the Property, including within such waiver the purchase of the Property by the Bank under an option
to Purchase the Property at its fair market value at the time such option shall be exercised, and
WHEREAS, the City is unwilling to waive the Right of First Refusal for any subsequent sale
of the Property by the Bank or by Draco should the Property nol be purchased by the Bank under
an option to purchase the Property granted it by Draco, which condition is acceptable to Draco and
the Bank,
NOW, THEREFORE, for a good and sufficient consideration, the receipt and sufficiency of
which is hereby acknowledged, the City hereby waives its right to exercise the Right of First Refusal
herein specified for purposes of a long term lease by Draco 10 the Bank containing an option
permitting the Bank in the future 10 purchase the Property for its fair market value at the time the
Bank shall exercise its option to purchase the Properly, also hereby waiving its Right of First Refusal
for purpose of any such future sale 10 the Bank upon the condition that if the Bank shall thereafter
offer the Property for sale the Property shall be subject to the Right of First Refusal, and upon the
further condilion that if the Bank shall not purchase the Property under an option granted to it by
Draco and such option shall lapse then the Property shall continue to be subject to the Right of First
Refusal.
This document shall be recorded in the real property records of Pitkin County, Colorado at
Draco's expense,
DATED: ~ .3/
(/
, 1994
By:
THE CITY OF ASPEN
~~'l~~
John . Bennett, Mayor
STATE OF COLORADO )
) ss,
COUNTY OF PITKIN )
The foregoi~,instrument was acknowledged before m~y John S, Bennett, as Mayor, and
Kathryn Koch as ~ Clerk of the City of Aspen, this 3L:-ilay of J A-t0u..Ae..y ,
1994.
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My commission expires:.;;J 1/QS-
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Page 1 of 2
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THE FOREGOING WAIVER IS ACCEPTED BY ITS TERMS,
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DRACO, INC.. ~ r
By: :t
. Stone Davis, PreSIdent
STATE OF COLORADO )
) ss,
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me by D, Stone Davis, as President of
Draco, Inc, , this lid day Of~. ~ AI ^ J ~ ' 1994,
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Notary Pu ic
ASPEN VALLEY BANCSHARES, INC.
By:
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Kurt E. Adam, PreSident
STATE OF COLORADO )
) ss,
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me by Kurt E. Adam, as President, of
Aspen Valley Bancshares, Inc" this ~day of 8CLr u r. A "6 ,1994,
, " """"""" Witness my hand and offic.ial feal.:. L I
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366537 8-740 P-792 02/04/94 09:17A P6 2 OF 2
Page 2 of 2
asp-vall.bnk\waiver
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ORDINANCE NO. ~
(SERIES OF 1994)
AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR
THE CONSTRUCTION OF TWO AFFORDABLE HOUSING UNITS FOR THE
CAP'S AUTO COMMERCIAL GMQS PROJECT AND GRANTING VESTED RIGHTS
FOR A PERIOD OF THREE YEARS FOR THE DEVELOPMENT LOCATED AT
210 N. MILL STREET (A METES AND BOUNDS PARCEL IN SECTION
7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.)
WHEREAS, pursuant to Section 24-8-104(C) (1) (c) of the Aspen
Municipal Code, City council may exempt deed restricted affordable
housing units from Growth Management Quota System
(GMQS)
competition; and
WHEREAS, pursuant to section 24-6-207 of the Aspen Municipal
Code, city Council may grant vesting of development rights for a
site specific development plan for a period of three years from the
date of final development plan approval; and
WHEREAS, Aspen Valley Bancshares, Inc. ("Applicant"), as
represented by Sunny Vann, submitted an application to the Planning
Office requesting GMQS Exemption for the construction of two
affordable housing units in conjunction with a commercial GMQS
application; and
WHEREAS, Cap's Auto is zoned Office and affordable housing is
permitted use in this zone district; and
WHEREAS, the Planning and Zoning Commission considered the
applicant's request at a pUblic hearing on December 21, 1993, and
approved, in conjunction with growth management scoring, special
review to pay cash-in-lieu for three parking spaces as outlined in
Planning and Zoning commission Resolution 93-__; and
WHEREAS, the Commission voted 5-0 to recommend approval to
City Council the GMQS Exemption for the development of two deed
/'.....
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Ordinance # , (Series 1994)
Page 2
restricted affordable housing units to the Category 2 income level
which consists of a studio and a one bedroom unit in the lower
level of the development.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
That it does hereby grant GMQS Exemption for two
Affordable Housing units to be located in the redeveloped Cap's
Auto Supply Building pursuant to Section 24-S-104(C) (1) (c) of the
Aspen Municipal Code.
Section 2:
The conditions of approval which apply to this GMQS
Exemption are:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval prior to
issuance of any building permits. The studio and one bedroom
units shall be restricted to Category 2 requirements. Upon
approval by the Housing Au~hority, the Owner shall record the
deed restrictions with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits for the property,
a copy of the recorded deed restrictions for the new dwelling
units must be forwarded to the Planning Office.
3. The applicant shall address the potential carbon monoxide/fume
problems of air quality in the affordable housing units to be
reviewed by the Environmental Health Department, prior to
issuance of any building permits.
4.
All material representations made by
application and during public meetings
Zoning Commission and City Council
conditions of approval, unless amended
the applicant in the
with the Planning and
shall be considered
by other conditions.
Section 3:
Pursuant to Section 24-6-207 of the Municipal Code,
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Ordinance # , (Series 1994)
Page 3
City Council does hereby grant the applicant vested rights for the
Cap's Auto Supply site specific development plan as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and property record
all plats and agreements as specified herein or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided by this Ordinance shall
exempt the site specific development plan from subsequent
reviews and/or approvals required by this Ordinance or the
general rules, regulations or ordinances of the City provided
that such reviews or approvals are not inconsistent with the
approval granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all properties
subject to land use regulation by the city of Aspen, including
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regar1, as a condition of this site
development approval, the developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
section 4: The city Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the City
of Aspen, no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following
described property:
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Ordinance # (Series 1994)
Page 4
The property shall be described in the notice and appended to said
notice.
section 5: A public hearing on the Ordinance shall be held on the
_ day of
1994 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
Fifteen (15) days
prior to the hearing a pUblic notice of the hearing shall be
published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the
day of
1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
FINALLY, adopted, passed and approved this
day of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
.
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MEMORANDUM
TO:
Mayor and city council
THRU:
Amy Margerum, city Manager
THRU:
Diane Moore, City Planning
Directo~
FROM:
Mary Lackner, Planner
DATE:
February 28, 1994
RE:
Cap's Commercial GMQS Exemption and Vested Rights- Second
Reading of Ordinance 2, 1994
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SUMMARY: The Planning Office recommends approval of the request
for a GMQS exemption for two on-site affordable dwelling units and
for vested rights of this development. The Cap's Commercial GMQS
application was granted special review approval to pay cash-in-
lieu for three parking spaces and was awarded 32.25 points in the
commercial GMQS competition by the Planning commission on December
21, 1993. The project seeks vested rights to protect the project
from changes to the land use regulations for a period of three
years from this approval.
PREVIOUS COUNCIL ACTION: city Council approved the allocation of
the 1993 Commercial GMQS in the Office zone district on January 24,
1994 in Resolution 94-3.
BACKGROUND/PROJECT DESCRIPTION: Aspen valley Bancshares, Inc. (the
applicant) seeks commercial GMQS approval for the addition of 810
sq. ft. of net leasable space in a substantial remodel of the
existing Cap's building. Essentially, the existing building will
be demolished except for the rear wall and completely rebuilt. A
new bank is proposed to accommodate the upper level and basement
levels. The lower level will be available for commercial and
office uses allowed in the Office zone district. The applicant is
also proposing two affordable housing units in the low level.
Please refer to the application text and drawings, Exhibit "A".
The project is located at 210 N. Mill Street on a 8,275 square foot
metes and bounds parcel in section 7, Township 10 South, Range 84
West of the 6th P.M.
Referral Comments: Complete referral memos are attached in Exhibit
"D".
CURRENT ISSUES: Staff discussion of the GMQS Exemption review
criteria is contained in Exhibit "B". Staff and the Commission
believe that this proposal is consistent with the requirements of
section 24-8-104(C) (1) (c) of the Municipal Code for the provision
of affordable housing.
,-,
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.
section 24-6-207 dictates the process and ordinance language
requirements for establishing vested rights for three years.
Planning and Zoning commission resolution of approval is attached
for your reference in Exhibit "C".
RECOMMENDATION: The Planning commission and staff recommend
approval of the Cap's Auto GMQS Exemption for two deed restricted
affordable housing units and vested rights subject to the following
conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval prior to
issuance of any building permits. The studio and one bedroom
units shall be restricted to Category 2 requirements. Upon
approval by the Housing Authority, the Owner shall record the
deed restrictions with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits for the property,
a copy of the recorded deed restrictions for the new dwelling
units must be forwarded to the Planning Office.
3. The applicant shall address the potential carbon monoxide/fume
problems of air quality in the affordable housing units to be
reviewed by the Environmental Health Department, prior to
issuance of any building permits.
4.
All material representations made by
application and during public meetings
Zoning commission and City Council
conditions of approval, unless amended
the applicant in the
with the Planning and
shall be considered
by other conditions.
PROPOSED MOTION: "I move to approve second reading of Ordinance
2, Series of 1994 for the Caps Auto Supply GMQS Exemption and
Vested Rights request."
CITY MANAGER COMMENTS:
Ordinance 2, Series 1994
Exhibits:
"A" Application Packet
"B" GMQS Exemption Review criteria
"C" Planning and Zoning commission Resolution
"D" Referral Comments
"E" Public Notice
2
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Exhibit A
VANN ASSOCIATES
Planning Consultants
December 13, 1993
HAL"ID DELIVERED
Ms. Mary Lackner
AspenlPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Cap's Auto Supply 1993 Commercial GMQS Application
Dear Mary:
Outlined below is the additional information which you requested with respect to
the 1993 Cap's Auto commercial GMQS application, For convenience, I h:'/~
organized the information under an appropriate heading,
Reconstruction
As the attached upper level floor plan and building section prepared by Bill Poss
and Associates Architects illustrates, portions of the south and west exterior walls
of the existing Cap's building have been incorporated within the design of the
expanded structure. More specifically, the south wall will be used to create a
subgrade window well for the building's lower level office space, The window well
will be covered with a transparent material to prevent the accumulation of snow
and debris. Portions of the existing west wall will be used for site retalllage
adjacent to the building's front entry, The portion of the wall located above
grade will be faced with brick to match the building.
Snow Storage
As the site plan on page 8 of our GMQS application illustrates, virtually all of the
p'roject site will be occupied by the proposed building. A snowmelt system will be
installed in the lower level courtyards, the building's entry area, and proposed
sidewalks to prevent snow accumulation. The resulting snowmelt will be accom-
modated on-site and incorporated into the project's stormwater management plan, ,,'
The building's parking area will be plowed in connection with the adjacent public "
access driveway,
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6956 . Fax 303/920-9310
,.
Ms. Mary Lackner
December 13, 1993
Page 2
Engineering Report
As we discussed, 1 have also attached a revised engineering report prepared by
Schmueser Gordon Meyer, Consulting Engineers. Please note that the revised
report is based on the final building design which is included in our GMQS appli-
cation. The original report, which is attached to the application as Exhibit 4,
Appendix B, was prepared prior to completion of the final application, and
assumes a slightly larger structure. The only change in the report is a reduction
in the project's projected traffic generation and number of required off-street
parking spaces. The relevant application text, however, is correct as supplied.
Should you have any questions, or if I can be of any further assistance, please do
not hesitate to call.
SV:cwv
Enclosure
cc: Kim Weil
Arthur C. Daily, Esq.
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CONSULTING ENGrNf~~.~_~~R~L
September 3, 1993
Mr. Sunny Vann
VANN ASSOCIATES INC,
230 East Hopkins Ave.
Aspen, CO. 81611
RE: Cap's Auto Parts. Office Growth Manaaement Application Enaineerina Report
Dear Sunny:
This letter comprises an engineering report for relevant aspects of the Cap's Auto Parts building
Office Growth Management Application to the City of Aspen. My remarks are based on our
discussions of the project, conversations with representatives of the primary utilities and
inspection of the site. I have also structured my comments in response to 'he engineering
related criteria of City of Aspen Municipal Code Section 8-106 F., Gomme,cial and office
development standards.
Introduction
The Cap's property is located at 210 North Mill Street on the "Caps' Auto" (Draco Inc.)/Clty of
Aspen Land Exchange Subdivision. The site currently includes an approximately 5,000 square
foot commercial structure and on-site parking and circulation. The application is for growth
management approval of approximately 1,900 additional square feet of net leasable office space
in the Office (0) zone district (this figure represents a maximum anticipated expansion, the final
figure may be lower). The expansion will also incorporate approximately 1,200 square feet for
an affordable housing unit or units.
One general comment with regard to all potential utility connections that may require excavation
into Mill Street involves the City of Aspen's intention to repair and overlay tl1e street in 1994.
Conversations with City of Aspen Street Superintendent Jack Reid indicate hi , plan to mill and
overlay the street, preferably early in the summer construction season. Jack h;,s suggested that
any anticipated excavation work to support an approved office expansion be clompleted as soon
as possible In 1994 to avoid cuts into the new pavement.
With regard to the requirements of Aspen COUll S~ction 8-109 F. (2), Availability of public facilities
and services, I offer the following comments:
(a)
Water supplv and fire protection Based on my meeting with City of Asper '/'later
Superintendent Larry Ballenger, the site is currently served by a 6 inch diameter cast iron
main in the North Mill Street right-of-way. The condition of the existing water service line
is not known but expansion of office use may not require a new or upsized service tap
if the existing service is large enough and in good condition. If a new service is required,
a new tap will be feasible from the Mill Street main. The City water system has sufficient
capacity to serve the expansion of the commercial structure and provision of water
service would not pose any special problems from a technical standpoint. As a site within
the City, service would be subject only to payment of appropriate tap and connection fees
I'
/-.
September 3, 1993
Mr. Sunny Vann
Page 2
for the additional capacity required by the expansion (whether or not a new service tap
Is required).
(b) Sanitarv sewer Based on my discussion of the project with Aspen Consolidated
Sanitation District (ACSD) System Superintendent Tom Bracewell, there is an existing
sanitary sewer main in North Mill Street along the property frontage, The line is a 12 inch
diameter trunk that receives flow from the Galena Street interceptor and the remainder of
the Mill street line to the south. The existing service tap may also be adequate. If a new
tap is required, service connection to the North Mill Street sanitary sewer main will be
feasible. The ACSD has sufficient capacity to serve the proposed expansion of the Cap's
building and would provide service, once again, subject to payment of appropriate tap
and connection charges associated with the capacity requirements of the expansion.
(c) Public transportation/roads The Cap's site is located between North Mill Street and the
Rio Grande parking structure, adjacent to Rio Grande Park. The Galena Street shuttle
van provides frequent service between the Clark's Market parking lot past the site on
Spring Street to the Rubey Park transit center. The site also fronts on the bus routes that
serve North Mill Street. The Cap's Auto Parts site is very well served by available transit.
.
North Mill Street, as indicated above, is scheduled for some rotomilling and overlay work
by the City Streets Department in 1994. Existing public parking is available, particularly
In the adjacent short-term lots of the Rio Grande park as well as along North Mill Street,
and will not be reduced as a result of the Cap's building office expansion. Given the
location of the property along the Mill Street corridor within 1'12 blocks of the Mill and Main
intersection and the commercial core, much of the anticipated increase in business traffic
to the office uses will likely be pedestrian oriented.
To anticipate some basis for traffic generation from the additional office space, I would
reference Section II, "Road Design Standards" of the Pitkin County Road Standards and
Specifications, as adopted on December 4, 1990, which recommends a vehicle trip
generation figure for commercial office space of 8 vehicles per day per 1,000 square feet
assuming a strono transit system. In addition, the on-site affordable housing unit could
generate 3 vpd. This would result in a traffic generation figure of 15 vehicles per day
impacting adjacent streets. While recent traffic counts on Mill Street are not available, the
adjacent street already experiences fair traffic loads of over 7,600 vehicles per day
according to the City of Aspen Comprehensive Plan Transportation Element in19r.7,
North Mill Street is under its available capqcity at this time,
An additional, and conservative, 15 vpd represents a minimal percent increase in adldcent
traffic volumes. In addition, the very strong transit serving the site and its location "ithin
walking distance of the other businesses of the commercial core will further minimi;e the
additional vehicular activity it will actually generate. No changes to the area street system
are required by the Cap's building expansion proposal.
,
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September 3, 1993
Mr. Sunny Vann
Page 3
(d) Storm Drainaqe No substantive changes to the current impervious surfaces of the site
will occur as a result of the Cap's building expansion. The additional building area will
be either above the existing structure or replacing existing paved surfaces and the net
impact of site changes is zero. Historic drainage patterns will be unaffected as a result
of this project and the City of Aspen's drainage facilities will not be impacted additionally.
(e) Parkinq Parking is required within this office zone site, as indicated in Article 5, Division
2 of the City of Aspen Land Use Regulations, at 3 spaces per 1,000 square feet of
additional net leasable space. This requirement can be reduced to 1.5 spaces pe' 1,1100
square feet (and no parking for affordable housing) by Special Review, resulting in a
requirement of just 3 spaces for the project. It is my understanding that the Applicant will
be providing some combination of additional on-site parking and cash, in lieu of on-site
parking, to fulfill the parking requirement relevant to the office expansion.
The Rio Grande parking facility does offer some 400 spaces of paid public park"1g
adjacent to the Cap's building and will continue to serve drivers accessing the site. As
indicated in the above section on roads, available public parking is neither created 'lor
removed from adjacent streets as a result of this proposal. The Cap's building's location
adjacent to one of the few large, permanent, public parking structures render it an easily
accessed location for those who drive into the area.
I hope these comments will be sufficient for the Office Growth Management application for the
Cap's building. Please feel free to contact me if I may provide further information or detail.
Very truly yours,
SCHMUESER GORDON MEYER INC.
&:~?!-
Principal, Aspen Office
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Exhibit B
GMQS EXEMPTION FOR AFFORDABLE HOUSING
SECTION 24-8-104 (e) (1) (e)
City Council may exempt deed restricted housing that is proposed
in accordance with Section 24-8-104(C) (1) (c) of the Aspen Municipal
Code and the Housing guidelines from the requirements of the growth
management quota system.
"The review of any request for exemption of housing pursuant
to this section shall include a determination of the city's
need for such housing, considering the proposed development's
compliance with an adopted housing plan, the number of
dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of
bedrooms in each unit, the size of the dwelling unit, the
rental/sale mix of the proposed development, and the proposed
price categories to which the dwelling units are to be deed
restricted."
Response: The applicant is proposing to construct a studio unit
and a one bedroom unit deed restricted to the Category 2 level, in
the garden level of the project. These units will mitigate 3.0
employees. This site is not designated in the AACP for use as
affordable housing, however, affordable housing units are permitted
in the Office zone district.
The location of the units, in garden level of this building, is
marginally suited for affordable housing, due to its location
within an auto and transportation oriented section of Aspen. The
site is bordered by Mill street, the one-way driveway to the
parking garage, the Rio Grande parking garage complex, and the Rio
Grande surface parking lot. The specific siting of the two
dwelling units in the garden level of the building was done to
reduce noise and air pollution impacts from vehicles surrounding
the site. The Planning commission believes the location of these
units is appropriate for affordable housing, however they have
recommended a condition of approval which addresses potential air
pollution impacts.
All services are available on the site. The site is located in the
center of Aspen, therefore employment opportunities are close by.
No environmental constraints or historic preservation issues affect
this property. The employee housing is proposed to be phased with
the proposed development of the project as employees of the project
will be housed in these units.
staff and the Planning commission recommend approval of the
applicant's request to provide on-site affordable housing with I,
conditions to City Council.
----
Exhibit C
RESOLUTION OF ~HE ASPEN PLANNING AND ZONING COMMISSION
GRANTING SPECIAL REVIEW FOR PAYMENT-IN-LIEU FOR
THREE PARKING SPACES AND A COMMERCIAL GMQS SCORE
OF 32.25 POINTS AND RECOMMENDING APPROVAL
OF THE HOUSING MITIGATION PACKAGE FOR THE CAP'S AUTO APPLICATION
LOCATED AT 2~O N. MILL STREET (A METES AND BOUNDS PARCEL LOCATED IN
SECTION 7, TOWNSHIP ~o SOUTH, RANGE 84 WEST OF THE 6TH P.M.)
Resolution No. 93-~
WHEREAS, Aspen Valley Bancshares, Inc., represented by Sunny
Vann submitted an application for a commercial Growth Management
allocation including special review in order to redevelop and
expand Cap's Auto which is located in the Office zone district; and
WHEREAS, there are two applications seeking a Growth
Management allocation within the Office zone district, Cap's Auto
and the Stapleton Agency; and
WHEREAS, Section 24-5-213(E) (3) of the Aspen Municipal Code
allows the Planning Commission to grant a reduction of required
off-street parking in the Office zone with a cash-in-lieu payment
of $15,000.00 for each space reduced, pursuant to section 24-7-
404(b); and
WHEREAS, the applicant agreed to, and the Commission accepted
the Planning Office recommended GMP score of 32.25 points and found
that the minimum category thresholds have been met, allowing city
Council to allocate the requested 810 square feet of net leasable
area to the project; and
WHEREAS, the Planning and Zoning commission considered the
applicant's request at a duly noticed public hearing on December
21, 1993 at which time the Commission voted 5-0 to approve the
request with conditions.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That it does hereby
of three on-site
conditions:
grant approval for Special Review for reduction
parking spaces subject to the following
1.
The applicant shall pay cash-in-lieu for three parking spaces
($45,000) prior to issuance of any building permits. The
payment shall be made to the Building Department for transfer
to the City Finance Department.
"
II
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2.
The applicant shall designate two parking spaces on-site for
use by the affordable housing units.
I,
NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission:
That it recommends approval of the housing mitigation package to
-----~~-.....-,.._-
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Resolution #93-__
page 2
City Council subject to the following conditions:
1. A housing mitigation program for 2.43 employees must be
approved by City Council and appropriate deed restrictions or
payments must be completed, prior to issuance of a building
permit.
2. The applicant shall address the potential carbon monoxide/fume
problems of air quality in the affordable housing units, prior
to issuance of any building permits.
3. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless amended by other conditions.
APPROVED by the Commission at its regular meeting on December
21, 1993.
Attest:
Planning and zoning commission:
i/~L
erk
w. Bruce Kerr,
Chair
reso.apz.gmqs.caps
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Exhibit D
. :~Jisp~;;~~6n;solida{ea-:$anitat~o~'~rPistrtct)_, :,.:fi ~ _;5;!~Jt>'-
'1!~~ '''''''''')C~li;'il:Jc~~~.~~~?f'i'JC '~:;:'o~o~~o ~~~t:g;:::~:s"ff"!'i~~~~;N'r' '~;~:~f~t' ."
~~{~:~;{~i~- (303) 925-36~01 -,' ,. .' FAX 1(303) 925-~~37c ,:~,~'~~:,' "
3Y'~Iiy':Chairman' , ".:;,*", . ,., AlbertBishop ..
ToIuiJ.,Snyder, 'l'reas. ~JIIt-' ," Frank Loushin
~o~ roPish;'Secy. ",-' Bruce Matherly, Mg
.c.~';)..?!-:9<<;_~',_.,
"November 1, 1993
Mary Lachner
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Cap's Commercial GMQS
.;,'j'i/.',_ ,""~
"'hear Mary:
:.-.'-:..
-The Aspen Consolidated Sanitation District currently has
'sufficient line and treatment capacity to provide service tor
this development.
The total connection fees associated with the project can be
estimated once detai led plans are - avai Iable. Credit for the
existing structure will be given in the exact amount previously
paid. Credit for existing fixtures wi 11 be given for those
fixtures that, the District has a record of.
A six inch service line may be required for the proposed
development since there are multiple dwelling units associated
with the commercial use. The applicant is encouraged to contact
our line superintendent for our specific line requirements. If a
new service is required, fees must be paid in full pr ior to
connection to our system. If the existing service line is
approved by our i ine superintendent for use, then fees m',:" t be
~aid prior to construction of the new building.
"~_..""'
As usual the service is provided contingent upon compliance with
our Rules and Regulations which are on file at our office. No
clear water connections to our system will be allowed (perimeter
drains, roof drains, patio drains, etc.). There h'.L? been y:()',nd
water problems,associated~with development in this drea.
-Please call if you have any questions.
Sincerely,
,~
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Bruce MatheY'ly
District Manager
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OCT::!::'
TO: MARY LACKNER
FROM: BILL EARLEY
DATE: OCT 18, 1993
RE: CAP'S AUTO SUPPLY
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COMMERCIAL GMQS ALLOTMENT, SPECIAL REVIEW
No load information was presented however I do not think this will
be a problem. The alley currently has three phase power and the
addition is fairly small. At most the transformer may need to be
replaced.
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MEMORANDUM
To:
Mary Lackner, Planning Office . ~
Bob Gi,h, P"bli, W"k> Di='" \1~
Chuck Roth, City Engineer ~
Thru:
From:
Date:
November 1, 1993
Re:
Cap's Auto Supply Commercial GMQS Allotmenl, Special Review & Vested
Rights
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
L Storm Runoff
Storm runoff has been adequately addressed in the application.
2, Trash and Utilities Area
The trash and utilities area has been adequately addressed in the applka ,In, The
applicant should nOle that the dumpster is currently located off of the applicant's property,
on the City Parking Plaza property.
3, Sidewalk. Curb and Gutter
These facilities are largely in excellent condition al this time with the excp.ption of
several small areas of sidewalk that must be patched in order to 'leet C.ty Code
requirements of Sections 19-103 and -104,
4, Parking
The applicant has offered to reconfigure a section of curb and gutter in the City
parking 101 in front of Caps's so as to provide an additional three public spaces tllt:re. I
have reviewed Ihis in the field with the Street Superintendent, and the pi.,)j1osal is
acceptable, Note that a street light will also need to be relocated.
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5, Special Review for Parking
This same comment section is being written for all Ihree of the 1993 Commercial
G MQS applications, I am doing this because there are three different planners for Ihe
applications and because the issue should be looked at as a whole for all three
applications.
Each of the three applicants is seeking a reduction in Code requirements for on-
site parking, It would appear that the Parking and Transportation Director should be
consulted for a policy statement on approving GMQS projects which do not offer to
provide on-site parking for the needs of the proposed projects, Perhaps it may be
inappropriate to grant increased development rights when parking is not provided on site.
Each of the applicants states that it is not possible to provide on-site parking, The
stalement must be evaluated more as a statement of apparent economic feasibility than
as an engineering or construction comment. That is, it might be possible to provide on-
site parking, but the costs might be greater than paying cash-in-lieu, Please note that the
City's cash-in-lieu amount is probably too low, wbich may contribute to the three
applicants' choosing to offer cash-in-lieu instead of constructing parking spaces on site,
This was discussed at the Design Review Committee meeting for the Kraut Property
project. They reported higher costs for providing on-site, sub-grade parking spaces than
the City's cash-in-lieu amount.
Permitting cash-in-lieu for daytime office or commercial parking may have less of
an adverse impact. but it would appear that on-site spaces sbould be provided for
residential units in all cases,
Note that providing parking spaces and trash and utility areas often is a "conl:ict"
for developers versus maximizing on-site net leasable space, The Galena Plaza project
could potentially construct an in-set trash and utility area into the apartments which would
save the existing two on-site parking spaces. The City has discussed in other instances
constructing in-set trash and utility spaces in existing buildings in Ihe commercial core so
thai the problem of removing dumpsters from the alleys can be alleviated. Again. this
becomes an issue of loss of net leasable space, In the commercial core, it is sometimes
also an issue of whether or not such a recessed enclosure into an historic builcFng
represents a compromise of the historic building,
Ii, Roof Snow and Ice Shed
It is not apparent from the drawings that roof snow and ice shed onto pt,t,lic
sidewalks and other public spaces will not be a problem. It is recommended that a Sl';\\, ':
and ice shed drawing he required in order to identify the areas of those impacts.
r~
....,
, ' .
7. Work in the Public Right-of-wav
Given the continuous problems of unapproved work and development in public
rights-of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegelation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130),
"
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MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, City Engineer Q iC
Date: December 15, 1993
Re: Cap's Auto Supply GMQS - Additional Comments
Following additional discussion with the Planning Office, the Engineering Department must
revise its comment on storm runoff as follows:
1. Storm Runoff
Section 24-8-106.F(2)(d) of the Municipal Code provides for reviewing a commercial
GMQS application for storm runoff as follows:
"Storm drainage (maximum 2 points). Considering the degree to which the
applicant proposes to maintain the historic drainage patterns on the
development site. If the development requires use of the city's drainage
system, the review shall consider the commitment by the applicant to install
the necessary drainage control facilities and to maintain the system over the
long-term."
The City has generally interpreted "historic drainage patterns" to refer to site conditions
prior to JmY development. Existing developments on properties have not been interpreted
to qualify for "historic drainage patterns." The proposed development also definitely
proposes to use the city's drainage system. Therefore it appears to be appropriate for the
Engineering Department to require that the applicant submit a storm drainage plan
meeting the requirements of Section 24-7-1104.C.4.f of the Municipal Code.
cc: Bob Gish, Public Works Director
"'93.'"
/'"
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MESSAGE DISPLAY
o MARY LACKNER
rom: Wayne Vandemark
ostmark: Oct 01,93 1:50 PM
tatus: certified Previously read
ubject: CAP'S AUTO
-------------------------------------------------------------------------
essage:
HE ONLY COMMENT WE HAVE AT THIS TIME IS THEY WILL BE REQUIRED TO DO
HAT IS REQUIRED BY THE UNIFORM FIRE CODE AS AMENDED.
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To:
Aspen/Pitkin Planning Office
f1 2'''(
From: Dave Tolen, Housing Office
Subject: Cap's Auto Supply Commercial GMQS Allotment
Date: 8 November, 1993
----- ----------------------------
Summary: The Aspen Valley Bancshares, prospective purchaser of the
prope~ty currently occupied by Cap's Auto Supply is requesting a
GMQS allocation for the expansion of the existing building and
conversion of the entire building to use as the Aspen Valley Bank.
The applicant proposes to meet the employee mitigation requirement
by providing two deed restricted units onsite, in the lower level.
GMQS scoring for Affordable Housing: Under the city of Aspen Land
Use Code, Growth Management Quota System, the applicant receives
points' for the percentage of affordable housing that is included in
the proposal. The applicant is requesting points as follows:
Total Development: 810 sq. ft
Employees Generated: 810/1,000 X 3 = 2.43
(3 employees per 1,000 sq. ft.)
Housing Proposed
1 - studio unit @ 1.25 residents/unit
1 - 1 BR unit @ 1.75 residents/unit
1.25 employees
1. 75 employees
Total
3.00 employees
Percentage of employees housed:
3.0 / 2.43 =
124%
Points Awarded:
1 point / 6% up to 60%
1 point / 8% above 60%
100.% - 60% = 40% / 8% =
:,0 ~;"Jints
5,~'_'ints
Total
15 :;;oints
Affordable Housing Priorities Identified by Housing Guide1i!lEi,": The
1993 Affordable Housing Guidelines establish priorities for
affordable housing mitigation associated with COliJlh r(c tal
development. The current priorities are for cons.truction of );Isite
affordable housing, with an emphasis on family oriented sales
units, entry level sales units and low income rental units. The
proposed units will be deed restricted to the Category Two leveis.
Both units would meet the priority for affordable rental units in
category one and two.
,
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"
"
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./..----,
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Recommendation: Forward the application to the planning office
with the following comments:
The applicant scores 15 points for the prov~s~on of a studio
unit and a one bedroom unit restricted to Category Two
occupancy and rental price guidelines.
The provision
consistent with
Guidelines.
of on site, Category Two rental units is
one priority established in the 1993 Housing
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)A'RiNG FORK ENERGV"CENTER :.'~42 MAIN STREET. CARBONDALE, CO a1623 '~(303l963.Q31'
'., ........,... . \. ......,:......~,. . ....... '. . .'/.~':~,:i..~.:;~:._i~~.:\..:~.-.~:-.~:-. ..
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,NQvember 1", 1993 ,
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, ' TO:, Mary La.c~er .,',Aspen/,p'itkin Planning Office'
, ,"FR:' ,Steve' stahdiford',:, Director:' .'
, " 'iU;:; Comment 1\'1 , on:C~p' s' Auee) , Sup;ply C~mmercial ,GMQS ,Allotment
'. ;. ~ " . '.. ':'.' "..' ",'. .' ...' . . : ......:.'.. .' .
", The following c'otnments are directed at the energy, conserVa!:ipn
"'hatures o~ t~e proposal from' ,Cap' il Auto Supply as 'listed '
on page 2,5 ,o~..theappJ.ication.' ' ,:""""', '
.. ,. . .' . - .' . ".
..,,'there' ~re ,not' any detaJlsh-om which ,to perform a review of
t,he eJ1ergy compl:mentsof ,the proposed developm~%1t., 'Furt:.her.
,;fU:stl'i\eeting the "inin:j.mum requirements of ,the '~9de:r'Energy ,
,Code,j':Cioes n9t ',nece'ssarily, :mean this proposiil will be, en'ergy'
, \ ' e~'HciE!rttaild ,deservix.ig ,of 1;he maximum amount; bf' points ' ,'"
': ,av,~iJ:able:, : " ' ..
...)
'. .', '" ,t. '. .
: oWe "'ould like to 'see the detailed design of the I:lliilding when
, ,'it is co.mplet,ed., ,At that 'point. we can perform an energy
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MESSAGE DISPLAY
ro
:C
Mary Lackner
Kristin Sund
CC
Bob Gish
,rom: Larry Ballenger
~ostmark: Oct 18,93 4:38 PM
3tatus: Previously read
3ubject: Cap's Auto GMQS
--------------------------------------------------------------------------
1essage:
rhe Water Dept. has no concerns, objections and/or comments on the
;MQS/Special Review on the Cap's Auto Supply Commercial Application.
-------========x========-------
'!
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..
ORDINANCE NO.2
(SERIES OF 1994)
AN ORDINANCE OF THE CITY OF ASPEN
GRANTING CMQS EXEMPTION FOR THE CON-
STRUCTION OF TWO AFFORDABLE HOUSING
UNITS Fa THE CAP'S AUTO COMMERCIAL
GMQS PROJECT AND GRANTING VESTED
RIGHTS FOR A PERIOD OF THREE YEARS FOR
mE DEVELOPMENT LOCATED AT 210 N. MIll.
STREET (A METES AND BOUNDS PARCEL IN
SECTION 7, TOWNSHIP 10 SOlITH, RANGE 84
WEST OF THE 611t P.M.)
WHEREAS, pursuant to Section 24-8-104 (C)
(1/ (e) of the Aspen MuniCipal Code, City Coun-
d may exempt deed restricted aflordable
housing units from Growth Management Quota
System (GMQS) competition: and
WHEREAS, pursuant to Section 2+6-207 of
the Aspen Municipal Code. City Council may
grant vesting 01 development rights for a site
specific development plan for a period 01 three
years from the date of Onal development plan
approval; and
WHEREAS, Aspen Valley Banc:shares, Inc.
("Applicant"), as represented by Sunny Vann,
submitted an a~pllcatlon to the Planning Olllce
requestlng'GMQS Exemption for the construc-
tion of two aflordable housing units in conjunc-
tion with a commercial GMQS application; and
WHEREAS, Cap's Auto Is zoned Office and
alfordable housing Is permitted use In this
zone district; and
WHEREAS. the Planning and Zoning Commis-
sion considered the applicant's request at a
public hearing on December 21, 1993, and
approved, In conjunction with growth manage-
ment scoring, special review to pay cash-in-lieu
lor three parking spaces as outlined In Plan-
~l and Zoning Commission Resolution 93- ;
WHEREAS, the Commission voted 5-{) to rec-
ommend approval to CUy Councll the GMQS
Exemption for the development of two deed
restricted affordable housing units to the Cate-
gory 2 lcome level which consists 01 a studio
and a one bedroom unit In the lower level of
the development.
NOW, THEREfORE, BE IT ORDAJNED BY THE
CITY COUNCIL OF THE CITY Of ASPEN. COL-
ORADO:
Section 1: That It does hereby granl GMQS
Exemption for two Affordable Housing units to
be located in the redeveloped Cap's Auto Sup-
ply Building pursuant to Section 24-8-
l04(c)Q)(c) 01 the Aspen MunlclpatCode.
Sectlon t: The conditions of approval which
apply to this GMQS Exemption are:
I. The owner shall submit appropriate deed
restrictions to the Aspen/Pitkin Cou.ty Hous-
Ing Authority for approval prior to Issuance 01
any building permits. The studio and one bed-
room units shall be restricted to Category 2
requirements. Upon approval by the Housing
Authority, the Owner shall record the deed
restrictions with the Pitkin County Clerk and
Recorder's Office.
2. Prior to Issuance of any building permits
lor the property, a copy of the recorded deed
restrictions for the new dwelling units must be
forwarded to the Planning Office.
3. The applicant shall address the potenllal
carbon monoxide/lume problems 01 air quality
In the affordable housing units. prior to
Issuance of any building permits.
4. All material representations made by the
applicant In the application and during public
meetings with the Planning and Zoning Com-
mission and City Council shall be considered
conditions 01 approval, unless amended by
olher conditions.
Section 3: Pursuant to Section 24-6-207 01 the
Municipal Code, City Council does hereby
grant the applicant vested rights lor the Cap's
Auto Supply site specific development plan as
follows:
I. The rights granted by the site specific
development plan approved by this Ordinance
shall remain vested for three (3) years from the
date of final adoption specified beJow. Howev-
er, any failure to abide by the tenns and condi-
tlOIU attendant to this approval shall result In
forfeiture 01 said vested property rights. Fall.
ure to timely and property record all plats and
agreements as specified herein or In the Munic-
Ipal Code shall also result In the forfeiture 01
said vested rights.
2. The approval granted hereby shall be sub-
Ject to all rights of referendum and judldal
review.
3. Nothing In the approvals provided by this
Ordinance shall exempt the site specIDc devel-
opment plan from subsequent reviews and/or
approvals required by this Ordinance or the
general rules, regulations or ordinances of the
City provided that such reviews or approvals
are not Inconsistent with the approval granted
and vested herein.
4; The establishment herein 01 a vested prop-
erty right shall not prec1ude the application of
ordinances or regulations which are general In
nature and are applicable to all properties sub-
ject to land use regulation by the City 01 Aspen,
Including but not limited to, building, fire,
plumbing, electrical and mechanical codes. In
this regard, as a condition of this site develop-
ment approval, the developer shall abide by
any and aU such buillng, fire, plumbing, eJectfi.
ca1 and mecl1anical codes, unless an exemption
therelrom is granted In writing.
Section 4: The City Clerk shall cause noUce 01
this Ordinance to be published In a newspaper
of general circulation within the City of Aspen,
no later than fourteen (14) days following Unal
adopUon hereof. Such notice shall be given In
the lollowlng lorm:
Notice is hereby given to the general public
of the approval of a site speclftc development
plan, and the creation 01 a vested property
right pursuant to ntle 24, Article 68, Colorado
Revised Statutes, pertaining to the follOWing
described property:
The property shall be described In the notice
and appended to said nollce.
Section 5: A public hearing on the Ordinance
shall be held on the 28th day 01 February, 1994
at 5:00 P.M. In the City Councll Chambers,
Aspen City Hall, Aspen, Colorado. F'lfteen (15)
days prior to the hearing, a public notice of the
hearing shall be published In a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law, by the City CouncU
01 the City of Aspen on the 24 day of January,
1994,
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published in The Aspen Times February 4,
1994,
Exhibit E
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, city Manager
THRU:
-.,.~,"
Diane Moore, city Planning Director 1,
FROM:
Leslie Lamont" Senior Planner
DATE:
January 24, 1994
Adoption of Resolution #"3 ,Allotting commerical/Office
Square Footage in the Office Zone District from the 1993
Growth Management Quota System
RE:
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SUMMARY: Growth Management allotments are granted through
resolution adoption by city Council. Attached is Resolution #~
for your consideration and adoption.
The available quota for 1993 commerical space in the Office zone
district is 4,000 square feet of net leasable. Two growth
management applications were submitted for the office zone
district:
Caps Auto Supply redevelopment
located at 210 North Mill Street,
leasable requested; and
for a bank building
810 square feet of net
stapleton Insurance office building located at 702 West
Main street, 2,423 square feet of net leasable requested.
The Planning and zoning commission reviewed the Caps and Stapleton
applications and found that both applications exceeded the minimum
thresholds established by the Municipal Code, Section 24-8-106.F.
STAFF DISCUSSION: Council must also review and approve the method
for providing employee mitigation. Both applicants have proposed
on-site affordable housing . The Planning and Zoning commission has
reviewed the housing mitigation packages and recommends to Council
a GMQS Exemption for the on-site affordable housing.
Both applicants have also requested vested rights status. Vested
Rights review, together with the GMQS Exemption for affordable
housing, are provided in separate memos and Ordinances requiring
first and second reading by City Council.
RECOMMENDATION: Planning staff recommends adoption of this
allotment resolution.
RECOMMENDED MOTION:
1994)." ,,'"
'.--./
"I move to ad0 Resolution # '3 (Series
'--'
CITY MANAGER'S COMMENTS:
Resolution # 3
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RESOLUTION NO. ~
(Series of 199~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING COMMERCIAL/OFFIC& DEVELOPMENT ALLOTMENTS IN THE OFFICE
ZONE DISTRICT FOR 1993 UNDER THE GROWTH MANAGEMENT QUOTA SYSTEM
1
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WHEREAS, Article 8 of Chapter 24 of the Aspen Municipal Code
forth
growth
a
management
quota
system
governing
new
development within the City of Aspen; and
WHEREAS, pursuant to Section 24-8-103.A.3.a. of the Aspen
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Municipal Code, four (4,000) thousand square feet of new leasable
space is available for development allotment within the Office zone
district of the City on an annual basis; and
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WHEREAS, Caps Auto Supply and Stape Limited Liability Company
,
have submitted applications requesting 810 square feet of net
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leasable and 2,423 square feet of net leasable space respectively,
from the 1993 commerical quota for the Office zone district; and
WHEREAS, both applications were reviewed by the Planning
(?
Director and forwarded to the Planning and Zoning Commission; and
WHEREAS, the Planning and Zoning Commission, at a duly noticed
public hearing on December 21, 1993, did evaluate the proposals and
accepted staff I s score finding that the development proposals
exceeded the minimum score thresholds for combined and individual
score categories as required by Section 24-8-106.F. of the Aspen
Municipal Code; and
WHEREAS, Caps Auto Supply scored 32.25 points, and Stape
Limited Liability Company scored 27.91 points; and
WHEREAS, the Planning and Zoning Commission has recommended
that the Caps Auto Supply project be allocated a development
allotment of 810 square feet of net leasable area pursuant to
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Commission Resolution #93-33; and
or "
WHEREAS, the Planning and Zoning Commission has recommended
obti'
that the Stape Limited Liability Company project be allocated a
development allotment of 2,423 square feet of net leasable area
Dat
pursuant to Commission Resolution #93-32; and
WHEREAS, no challenqes to the Planning and Zoning Commission's
scoring have been submitted to the City Council as allowed Under
I, y..
that
Section 24-8-106.1. of the Aspen Municipal Code.
adoF
OF ASPEN, COLORADO THAT:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
meet
Section 1:
In accordance with Section 24-8-106.J. of the Aspen Municipal Code,
the Aspen City Council does hereby grant to the Caps Auto SUpply
project a development allotment of 810 square feet of net leasable
Section 2:
space from the 1993 commerical growth management quota.
In accordance with Section 24-8-106.J. of the Aspen Municipal Code,
the Aspen City Council does hereby grant to the Stape Limited
Liability Company project a development allotment of 2,423 square
feet of net leasable space from the 1993 commerical growth
management quota.
Section 3:
the development allotments as awarded herein shall expire on the
In accordance with Section 24-8-108 of the Aspen Municipal Code,
day after the third anniversary of the date of approval of a site
specific development plan for the project as identified herein,
unless a building permit is obtained and the project is developed,
cCOlTUnended:
located '
af
'ble areal
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d Under 1
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~r unless an exemption from or an extension to the approval is
obtained.
Date:
, 1994.
John Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify
that the foregoing is a true and accurate copy of that resolution
adopted by the City Council of the City of Aspen, Colorado at a
i meeting held
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iU; CITY ,
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1994.
Kathryn s. Koch, City Clerk
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MEMORANDUM
TO:
Mayor and city council
FROM:
Amy Margerum, City Manager
Diane Moore, city Planning Director~
Mary Lackner, Planner
THRU:
THRU:
DATE:
January 24, 1994
Cap's commercial GMQS Exemption and Vested Rights- First
Reading of Ordinance ~, 1994
RE:
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SUMMARY: The Planning Office recommends approval of the request
for a GMQS exemption for two on-site affordable dwelling units and
for vested rights of this development. The Cap's commercial GMQS
application was granted special review approval to pay cash-in-
lieu for three parking spaces and was awarded 32.25 points in the
commercial GMQS competition by the Planning commission on December
21, 1993. The project seeks vested rights to protect the project
from changes to the land use regulations for a period of three
years from this approval.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND/PROJECT DESCRIPTION: Aspen Valley Bancshares, Inc. (the
applicant) seeks commercial GMQS approval for the addition of 810
sq. ft. of net leasable space in a substantial remodel of the
existing Cap's building. Essentially, the existing building will
be demolished except for the rear wall and completely rebuilt. A
new bank is proposed to accommodate the upper level and basement
levels. The lower level will be available for commercial and
office uses allowed in the Office zone district. The applicant is
also proposing two affordable housing units in the low level.
Please refer to the application text and drawings, Exhibit "A".
The project is located at 210 N. Mill street on a 8,275 square foot
metes and bounds parcel in section 7, Township 10 South, Range 84
West of the 6th P.M.
Referral Comments: Complete referral memos are attached in Exhibit
t1DtI.
CURRENT ISSUES: Staff discussion of the GMQS Exemption review
criteria is contained in Exhibit "B". Staff and the Commission
believe that this proposal is consistent with the requirements of
section 24-8-104(C) (1) (c) of the Municipal Code for the provision
of affordable housing.
section 24-6-207
requirements for
dictates the process and ordinance language
establishing vested rights for three years.
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Planning and zoning commission resolution of approval is attached
for your reference in Exhibit "C".
RECOMMENDATION: The Planning commission and staff recommend
approval of the Cap's Auto GMQS Exemption for two deed restricted
affordable housing units and vested rights subject to the following
conditions:
1. The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval prior to
issuance of any building permits. The studio and one bedroom
units shall be restricted to Category 2 requirements. Upon
approval by the Housing Authority, the Owner shall record the
deed restrictions with the Pitkin County Clerk and Recorder's
Office.
2. Prior to issuance of any building permits for the property,
a copy of the recorded deed restrictions for the new dwelling
units must be forwarded to the Planning Office.
3. The applicant shall address the potential carbon monoxide/fume
problems of air quality in the affordable housing units, prior
to issuance of any building permits.
4.
All material representations made by
application and during public meetings
Zoning Commission and City Council
conditions of approval, unless amended
the applicant in the
with the Planning and
shall be considered
by other conditions.
PROPOSED MOTION: "I move to have first reading of Ordinance c:L.,
1994 for approval of the Cap's Auto Supply GMQS Exemption for two
Category i Affordable Housing units and vested right approval."
CITY MANAGER COMMENTS:
Ordinance ;2., 1994
Exhibits: ---
"A" Application Packet
"B" GMQS Exemption Review criteria
"C" Planning and Zoning Commission Resolution
"D" Referral Comments
2
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VANN ASSOCIATES
Planning Consultants
December 13, 1993
HAND DELIVERED
Ms. Mary Lackner
AspenlPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Cap's Auto Supply 1993 Commercial GMQS Application
Dear Mary:
Outlined below is the additional information which you requested with respect to
the 1993 Cap's Auto commercial GMQS application. For convenience, I hzve
organized the information under an appropriate heading.
Reconstruction
As the attached upper level floor plan and building section prepared by Bill Poss
and Associates Architects illustrates, portions of the south and west exterior walls
of the existing Cap's building have been incorporated within the design of the
expanded structure. More specifically, the south wall will be used to create a
sub grade window well for the building's lower level office space. The window well
will be covered with a transparent material to prevent the accumulation of snow
and debris. Portions of the existing west wall will be used for site retainage
adjacent to the building's front entry. The portion of the wall located above
grade will be faced with brick to match the building,
Snow Storage
As the site plan on page 8 of our GMQS application illustrates, virtually all of the
project site will be occupied by the proposed building. A snowmelt system will be
installed in the lower level courtyards, the building's entry area, and proposed
sidewalks to prevent snow accumulation. The resulting snowmelt will be accom-
modated on-site and incorporated into the project's stormwater management plan.
The building's parking area will be plowed in connection with the adjacent public
access driveway,
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230 East HopkinS Avenue' Aspen, Colorado 81611' 303/925-6958' Fax 303/920-9310
"......
.
Ms. Mary Lackner
December 13, 1993
Page 2
Engineering Report
As we discussed, I have also attached a revised engineering report prepared by
Schmueser Gordon Meyer, Consulting Engineers. Please note that the revised
report is based on the final building design which is included in our GMQS appli-
cation, The original report, which is attached to the application as Exhibit 4,
Appendix B, was prepared prior to completion of the final application, and
assumes a slightly larger structure. The only change in the report is a reduction
in the project's projected traffic generation and number of required off-street
parking spaces. The relevant application text, however, is correct as supplied.
Should you have any questions, or if I can be of any further assistance, please do
not hesitate to call.
SV:cwv
Enclosure
cc: Kim WeiI
Arthur C. Daily, Esq.
c:\bus\city.ltr\ltr23193.mll
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/ SCHMUESEkRDON MEYER INe.
~, Box 2155
A~,-~n. Colorad:' Ri612
('30\_'" 925-67~1
F8A (303) 92!>4 It '
CONSULTING ENG'NEER'_!~OR$/
September 3, 1993
Mr. Sunny Vann
VANN ASSOCIATES INC.
230 East Hopkins Ave.
Aspen, CO. 81611
RE: Cap's Auto Parts. Office Growth Manaaement Application Enaineerina Report
Dear Sunny:
This letter comprises an engineering report for relevant aspects of the Cap's Auto Parts building
Office Growth Management Application to the City of Aspen. My remarks are based on our
discussions of the project, conversations with representatives of the primary utilities and
Inspection of the site. I have also structured my comments in response to the engineering
related criteria of City of Aspen Municipal Code Section 8-106 F., Commercial and office
development standards.
Introduction
The Cap's property is located at 210 North Mill Street on the .Caps' Auto. (Draco Inc.)/City of
Aspen Land Exchange SubdMsion. The site currently includes an approximately 5,000 square
foot commercial structure and on-site parking and circulation. The application is for growth
management approval of approximately 1,900 additional square feet of net leasable office space
in the Office (0) zone district (this figure represents a maximum anticipated expansion, the final
figure may be lower). The expansion will also incorporate approximately 1,200 square feet for
an affordable housing unit or units.
One general comment with regard to all potential utility connections that may require excavation
into Mill Street involves the City of Aspen's intention to repair and overiay the street in 1994.
Conversations with City of Aspen Street Superintendent Jack Reid indicate hi I plan to mill and
overlay the street, preferably early in the summer construction season. Jack hIlS suggested that
any anticipated excavation work to support an approved office expansion be QJmpleted as soon
as possible In 1994 to avoid cuts Into the new pavement.
With regard to the requirements of Aspen Cooe Section 8-109 F. (2), Availability of public facilities
and seNices, I offer the following comments:
(a) Water supply and fire protection Based on my meeting with City of AspeL Water
Superintendent Larry Ballenger, the site is currently served by a 6 inch diameter cast iron
main in the North Mill Street right-of-way. The condition of the existing water service line
is not known but expansion of office use may not require a new or upsized service tap
if the existing service is large enough and in good condition. If a new service is required,
a new tap will be feasible from the Mill Street main. The City water system has sufficient
capacity to serve the expansion of the commercial structure and provision of water
service would not pose any special problems from a technical standpoint. As a site within
the City, service would be subject only to payment of appropriate tap and connection fees
1001 Grand Avenue, Suite 2-E . Glenwood Springs, Colorado 81601 . (303) 945-1004
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September 3, 1993
Mr. Sunny Vann
Page 2
for the additional capacity required by the expansion (whether or not a new service tap
Is required).
(b) Sanltarv sewer Based on my discussion of the project with Aspen Consolidated
Sanitation District (ACSD) System Superintendent Tom Bracewell, there is an existing
sanitary sewer main in North Mill Street along the property frontage. The line is a 12 inch
diameter trunk that receives flow from the Galena Street interceptor and the remainder of
the Mill street line to the south. The existing service tap may also be adequate. If a new
tap Is required, service connection to the North Mill Street sanitary sewer main will be
feasible. The ACSD has sufficient capacity to serve the proposed expansion of the Cap's
building and would provide service, once again, subject to payment of appropriate tap
and connection charges associated with the capacity requirements of the expansion.
(c) Public transDortation/roads The Cap's site is located between North Mill Street and the
Rio Grande parking structure, adjacent to Rio Grande Park. The Galena Street shuttle
van provides frequent service between the Clark's Market parking lot past the site on
Spring Street to the Rubey Park transit center. The site also fronts on the bus routes that
serve North Mill Street. The Cap's Auto Parts site is very well served by available transit.
, -
North Mill Street, as indicated above, is scheduled for some rotomilling and overlay work
by the City Streets Department in 1994. Existing public parking is available, particularly
In the adjacent short-term lots of the Rio Grande park as well as along North Mill Street,
and will not be reduced as a result of the Cap's building office expansion. Given the
location ofthe property along the Mill Street corridor within 11/2 blocks of the Mill and Main
intersection and the commercial core, much of the anticipated increase in business traffic
to the office uses will likely be pedestrian oriented.
To anticipate some basis for traffic generation from the additional office space, I would
reference Section II, "Road Design Standards" of the Pitkin County Road Standards and
Specifications, as adopted on December 4, 1990, which recommends a vehicle trip
generation figure for commercial office space of 8 vehicles per day per 1,000 square feet
assuming a strono transit system. In addition, the on-site affordable housing unit could
generate 3 vpd. This would result in a traffic generation figure of 15 vehicles per day
impacting adjacent streets. While recent traffic counts on Mill Street are not available, the
adjacent street already experiences fair traffic loads of over 7,600 vehicles per day
according to the City of Aspen Comprehensive Plan Transportation Element in 19P.7.
North Mill Street is under its available capacity at this time.
An additional, and conservative, 15 vpd represents a minimal percent increase in adjacent
traffic volumes. In addition, the very strong transit serving the site and its location within
walking distance of the other businesses of the commercial core will further mini mile the
additional vehicular activity it will actually generate. No changes to the area street system
are required by the Cap's building expansion proposal.
SCHMUESER GORDON MEYER, INC.
.
,,-"
September 3, 1993
Mr. Sunny Vann
Page 3
(d) Storm Drainaae No substantive changes to the current impervious surfaces of the site
will occur as a result of the Cap's building expansion. The additional building area will
be either above the existing structure or replacing existing paved surfaces and the net
Impact of site changes is zero. Historic drainage patterns will be unaffected as a result
of this project and the City of Aspen's drainage facilities will not be impacted additionally.
(e) Parkina Parking is required within this office zone site, as indicated in Article 5, Division
2 of the City of Aspen Land Use Regulations, at 3 spaces per 1,000 square feet of
additional net leasable space. This requirement can be reduced to 1.5 spaces pet 1,000
square feet (and no parking for affordable housing) by Special Review, resulting In a
requirement of just 3 spaces for the project. It is my understanding that the Applicant will
be providing some combination of additional on-site parking and cash, in lieu of on-site
parking, to fulfill the parking requirement relevant to the office expansion.
The Rio Grande parking facility does offer some 400 spaces of paid public park;ng
adjacent to the Cap's building and will continue to serve drivers accessing the site. As
indicated in the above section on roads, available public parking is neither created nor
removed from adjacent streets as a result of this proposal. The Cap's building's location
adjacent to one of the few large, permanent, public parking structures render it an easily
accessed location for those who drive into the area.
I hope these comments will be sufficient for the Office Growth Management application for the
Cap's building. Please feel free to contact me if I may provide further information or detail.
Very truly yours,
SCHMUESER GORDON MEYER INC.
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ay W. Hammond, P.E.
Principal, Aspen Office
JHIIh 83151EA
SCHMUESER GORDON MEYER, INC.
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Exhi.b it" 13 II
GMQS EXEMPTION FOR AFFORDABLE HOUSING
SECTION 24-8-104 (Cl (ll(e)
city Council may exempt deed restricted housing that is proposed
in accordance with Section 24-8-104 (C) (1) (c) of the Aspen Municipal
Code and the Housing guidelines from the requirements of the growth
management quota system.
"The review of any request for exemption of housing pursuant
to this section shall include a determination of the city's
need for such housing, considering the proposed development's
compliance with an adopted housing plan, the number of
dwelling units proposed and their location, the type of
dwelling units proposed, specifically regarding the number of
bedrooms in each unit, the size of the dwelling unit, the
rental/sale mix of the proposed development, and the proposed
price categories to which the dwelling units are to be deed
restricted."
Response: The applicant is proposing to construct a studio unit
and a one bedroom unit deed restricted to the Category 2 level, in
the garden level of the project. These units will mitigate 3.0
employees. This site is not designated in the AACP for use as
affordable housing, however, affordable housing units are permitted
in the Office zone district.
The location of the units, in garden level of this building, is
marginally suited for affordable housing, due to its location
within an auto and transportation oriented section of Aspen. The
site is bordered by Mill street, the one-way driveway to the
parking garage, the Rio Grande parking garage complex, and the Rio
Grande surface parking lot. The specific siting of the two
dwelling units in the garden level of the building was done to
reduce noise and air pollution impacts from vehicles surrounding
the site. The Planning commission believes the location of these
uni ts is appropriate for affordable housing, however they have
recommended a condition of approval which addresses potential air
pollution impacts.
All services are available on the site. The site is located in the
center of Aspen, therefore employment opportunities are close by.
No environmental constraints or historic preservation issues affect
this property. The employee housing is proposed to be phased with
the proposed development of the project as employees of the project
will be housed in these units.
Staff and the Planning commission recommend approval of the
applicant I s request to provide on-site affordable housing with
conditions to city Council.
"
Ex 11.; "if \\ c II
RESOLUTION OF ~HE ASPEN PLANNING AND ZONING COMMISSION
GRANTING SPECIAL REVIEW FOR PAYMENT-IN-LIEU FOR
THREE PARKING SPACES AND A COMMERCIAL GMQS SCORE
OF 32.25 POINTS AND RECOMMENDING APPROVAL
OF THE HOUSING MITIGATION PACKAGE FOR THE CAP'S AUTO APPLICATION
LOCATED AT 210 N. MILL STREET (A METES AND BOUNDS PARCEL LOCATED IN
SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M.)
Resolution No. 93-~
WHEREAS, Aspen Valley Bancshares, Inc., represented by Sunny
Vann submitted an application for a commercial Growth Management
allocation including special review in order to redevelop and
expand Cap's Auto which is located in the Office zone district; and
WHEREAS, there are two
Management allocation within the
and the Stapleton Agency; and
applications seeking a Growth
Office zone district, Cap's Auto
WHEREAS, Section 24-5-213(E) (3) of the Aspen Municipal Code
allows the Planning Commission to grant a reduction of required
off-street parking in the Office zone with a cash-in-lieu payment
of $15,000.00 for each space reduced, pursuant to section 24-7-
404(b); and
WHEREAS, the applicant agreed to, and the Commission accepted
the Planning Office recommended GMP score of 32.25 points and found
that the minimum category thresholds have been met, allowing City
Council to allocate the requested 810 square feet of net leasable
area to the project; and
WHEREAS, the Planning and Zoning commission considered the
applicant's request at a duly noticed public hearing on December
21, 1993 at which time the Commission voted 5-0 to approve the
request with conditions.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That it does hereby
of three on-site
conditions:
grant approval for Special Review for reduction
parking spaces subject to the following
1.
The applicant shall pay cash-in-lieu for three parking spaces
($45,000) prior to issuance of any building permits. The
payment shall be made to the Building Department for transfer
to the City Finance Department.
The applicant shall designate two parking spaces on-site for
use by the affordable housing units.
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2 .
NOW, THEREFORE BE IT FURTHER RESOLVED by the commission:
That it recommends approval of the housing mitigation package to
,,,.......
Resolution #93-__
Page 2
City Council subject to the following conditions:
1. A housing mitigation program for 2.43 employees must be
approved by city Council and, appropriate deed restrictions or
payments must be completed, prior to issuance of a building
permit.
2. The applicant shall address the potential carbon monoxide/fume
problems of air quality in the affordable housing units, prior
to issuance of any building permits.
3. 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 amended by other conditions.
APPROVED by the Commission at its regular meeting on December
21, 1993.
Attest:
Planning and Zoning commission:
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J n Carney,
D puty city erk
w. Bruce Kerr,
Chair
reso.apz.gmqs.caps
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,::'JTele: (303) 925-3601 ,.' " <. FAX #(303) 925.2537 ;~ c":'ti, -
, , ::~,':,:"::::"t ":!)i':,:~::.;>X.;' _~ OY.. e~'''::'J'if;
3yKelIy':Chairman<,;'~" . Albert Bishop <,
rohIi.J.<Snyder,Treas.~,,:.> Frank Loushin
Auisfopish ;Secy.')/''.-' Bruce Matherly, Mgr.
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November 1, 1993
Mary Lachner
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Cap's Commercial GMQS
...iilii!t,.,,; Mi~
, Dear Mary:
':C;"t.,
"The Aspen Consolidated Sanitation District currently has
'sufficient line and treatment capacity to provide service tor
this develdpment.
The total connection fees associated with the project can be
estimateCl once detai led plans are. avai Iable. Credit for the
existing structure will be given in the exact amount previously
paid. Credit for existing fixtures will be given for those
fixtures that, the District has a record of.
A six inch service line may be required for the proposed
development since there are multiple dwel ling units associated
with the commercial use. The applicant is encouraged to contact
our line superintendent for our specific line requirements. If a
new service is required, fees must be paid in full prior to
connection to our system. If the existing service line is
approved by our I ine superintendent for use, then fees m<,,:;t be
'paid prior to construction of the new building.
".'.,v'
As usual the service is provided contingent upon compliance with
our Rules and Regulations which are on file at our office. No
clear water connections to our system will be allowed (perimeter
drains, roof drains, patio drains, etc.). There h','/? been ",,,und
water problems associated~with development in this draa.
Please call if you have any questions.
Sincerely,
'b-..- -}..v...-;).....r 'r<
Bruce MatheVly
District Manager
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TO: MARY LACKNER
FROM: BILL EARLEY
DATE: OCT 18, 1993
RE: CAP'S AUTO SUPPLY
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COMMERCIAL GMQS ALLOTMENT, SPECIAL REVIEW
No load information was presented however I do not think this will
be a problem. The alley currently has three phase power and the
addition is fairly small. At most the transformer may need to be
replaced.
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MEMORANDUM
Thru:
Mary Lackner, Planning Office ' ~
Bob G',b, Poblie Wod" D'reow, IL'1
Chuck Roth, City Engineer ~
To:
From:
Date:
November 1, 1993
Re:
Cap's Auto Supply Commercial GMQS Allotment, Special Review & Vested
Rights
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Departmenl has the following comments:
1. Storm Runoff
Storm runoff has been adequately addressed in the application,
2, Trash and Utilities Area
The trash and utilities area has been adequately addressed in the applica ,'11, The
applicant should note that the dumpster is currently located off of the applicant's property,
on the City Parking Plaza property.
3, Sidewalk. Curb and Gutter
These facilities are largely in excellent condition at this time with the excF.ption of
several small areas of sidewalk that must be patched in order to 'led C.ty Code
requirements of Sections 19-103 and -104,
4, Parking
The applicant has offered to reconfigure a section of curb and gutter in the City
parking lot in front of Caps's so as to provide an additional three public spaces there, I
have reviewed this in the field with the Street Superintendent, and the PI,jposal is
acceptable, Note that a street light will also need to be relocated.
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5. Special Review for Parking
This same comment section is being written for all three of Ihe 1993 Commercial
GMQS applications, I am doing this because there are three different planners for the
applications and because the issue should be looked at as a whole for all three
applications,
Each of the three applicants is seeking a reduction in Code requirements for on-
site parking, It would appear that the Parking and Transportation Director should be
consulted for a policy statement on approving GMQS projects which do not offer to
provide on-site parking for the needs of the proposed projects, Perhaps it may be
inappropriate to granl increased development rights when parking is not provided on site,
Each of the applicants states that it is not possible to provide on-site parking. The
statement must be evaluated more as a statement of apparent economic feasibility than
as an engineering or construction comment That is, it might he possible to provide on-
site parking, but the costs might be greater than paying cash-in-lieu, Please note that the
City's cash-in-lieu amount is probably too low, which may contribute to the three
applicants' choosing to offer cash-in-lieu instead of constructing parking spaces on site.
This was discussed at the Design Review Committee meeting for the Kraut Property
project They reported higher costs for providing on-site, sub-grade parking spaces than
the City's cash-in-lieu amount.
Permitting cash-in-lieu for daytime office or commercial parking may have less of
an adverse impact, but it would appear that on-site spaces should be provided for
residential units in all cases,
Note that providing parking spaces and trash and utility areas often is a "conflict"
for developers versus maximizing on-site net leasable space, The Galena Plaza project
could potentially construct an in-set trash and utility area into the apartments which would
save the existing two on-site parking spaces, The City has discussed in other instances
constructing in-set trash and utility spaces in existing buildings in the commercial core so
that the problem of removing dumpsters from the alleys can be alleviated. Again, this
becomes an issue of loss of net leasable space, In the commercial core, it is sometimes
also an issue of whether or not sllch a recessed enclosure into an historic builci;ng
represents a compromise of the historic building.
6, Roof Snow and Ice Shed
It is not apparent from the drawings that roof snow and ice shed onto pl",lic
sidewalks and other public spaces will not be a problem, It is recommended that a SI,')W
and ice shed drawing be required in order to identify the areas of those impacts,
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7. Work in the Public Right-of-wav
Given the conlinuous problems of unapproved work and development in public
righls-of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130),
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MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, City Engineer C-R-
Date: December 15, 1993
Re: Cap's Auto Supply GMQS - Additional Comments
Following additional discussion with the Planning Office, the Engineering Department must
revise its comment on storm runoff as follows:
1. Storm Runoff
Section 24-8-106.F(2)(d) of the Municipal Code provides for reviewing a commercial
GMQS application for storm runoff as follows:
"Storm drainage (maximum 2 points). Considering the degree to which the
applicant proposes to maintain the historic drainage patterns on the
development site. If the development requires use of the city's drainage
system, the review shall consider the commitment by the applicant to install
the necessary drainage control facilities and to maintain the system over the
long-term."
The City has generally interpreted ''historic drainage patterns" to refer to site conditions
prior to any development. Existing developments on properties have not been interpreted
to qualify for "historic drainage patterns." The proposed development also definitely
proposes to use the city's drainage system. Therefore it appears to be appropriate for the
Engineering Department to require that the applicant submit a storm drainage plan
meeting the requirements of Section 24-7-1104.C.4.f of the Municipal Code.
cc: Bob Gish, Public Works Director
M93.283
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MESSAGE DISPLAY
o MARY LACKNER
rom: Wayne Vandemark
ostmark: Oct 01,93 1:50 PM
tatus: certified previously read
ubject: CAP'S AUTO
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essage:
HE ONLY COMMENT WE HAVE AT THIS TIME IS THEY WILL BE REQUIRED TO DO
HAT IS REQUIRED BY THE UNIFORM FIRE CODE AS AMENDED.
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To:
Aspen/Pitkin Planning Office ~g~(
From: Dave Tolen, Housing Office
Subject: Cap's Auto Supply Commercial GMQS Allotment
Date: 8 November, 1993
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summary: The Aspen Valley Bancshares, prospective purchaser of the
property currently occupied by Cap's Auto Supply is requesting a
GMQS allocation for the expansion of the existing building and
conversion of the entire building to use as the Aspen Valley Bank.
The applicant proposes to meet the employee mitigation requirement
by providing two deed restricted units onsite, in the lower level.
GMQS scoring for Affordable Housing: Under the city of Aspen Land
Use Code, Growth Management Quota System, the applic~nt receives
points'for the percentage of affordable housing that is included in
the proposal. The applicant is requesting points as follows:
Total Development: 810 sq. ft
Employees Generated: 810/1,000 X 3 = 2.43
(3 employees per 1,000 sq. ft.)
Housing Proposed
1 - studio unit @ 1.25 residents/unit
1 - 1 BR unit @ 1.75 residents/unit
Total
1. 25 employees
1.75 employees
3.00 employees
Percentage of employees housed:
3.0 / 2.43 =
124%
Points Awarded:
1 point / 6% up to 60%
1 point / 8% above 60%
100.% - 60% = 40% / 8% =
:,0 :~.,)ints
5,:';.ints
Total
15;;Qints
Affordable Housing Priorities Identified by Housing Guideline,;: The
1993 Affordable Housing Guidelines establish priorities for
affordable housing mitigation associated with COlillh r.~c.tal
development. The current priorities are for conEitruction of Jusite
affordable housing, with an emphasis on family oriented sales
units, entry level sales units and low income rental units. The
proposed units will be deed restricted to the category Two leve'i.s.
Both units would meet the priority for affordable rental units in
category one and two.
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Recommendation: Forward the application to the planning office
with the following comments:
The applicant scores 15 points for the prov~s~on of a studio
unit and a one bedroom unit restricted to Category Two
occupancy and rental price guidelines.
The provision
consistent with
Guidelines.
of on site, Category Two rental units is
one priority established in the 1993 Housing
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)AR~NG F~RK~~EJ:lGY:C~,NTE~.: .': ~~2_~AIN STREET:. CARBO,t;Jp~\E,. 90~1~2~~(3Q~I~~~311
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, ' TO:, M'arYLac~er ~ "Asi>~~/p'itkin l?1iulIling Offi~;---~--'--~~----
, ,"FR:' ,steve' stahdiford"',:,' Director ,. I" ',' '..':: "
, '.RE; C9mment;r;l,on:,C~'~' Auto Supply C~1\lmercial ,GMQS ,Allotment
. . ~ ; . ,'...: . '. .: ':'.':t .'.... . .. \ . .... ...... . : '." . :. . l... . .... :. . ." . '.' . .
" The following, cotlunemts are directed 'at the' energy: conserVatipn
. ,"~eatutes, o~'t~e propo~al from' ,Cap' Ii Auto Supply' as "lis!:-ed ',", ,
, "onpage:25, .9~';'theapp~~cation. ' ", " " " ' ,.
',l1iere : ~ren~t ,any' de,ta;!.lsfrom which to 'perform a review of
t,he energy cOmPotie,nts ',of ,the propos'ed development., 'Furl;.her',
,:fustliieeting t,hEl' ,ilinin:j.:mum requiJ:en\ents ot,',the '~()de;!:'Energy ,
, Code';' : does n9t ',nece'ssa;rily, mean this proposal wil,l be. en;erg'y' '
, , ' e~'f;ci;E!n.t., ,and deserv:l.ng ,of the lI\aXimumamount of' points '
"available:",' " " '.
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:-' . We 'Would lilee to 's~e the cietailed, design of the building when
, ,'i't is c~plel<e,d" ,At that 'point.. we can perform an energy
: an,alysis 'with 'co~Iits:; ,',,' " "
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MESSAGE DISPLAY
ro
:::C
Mary Lackner
Kristin Sund
CC
Bob Gish
"'rom: Larry Ballenger
~ostmark: Oct 18,93 4:38 PM
3tatus: Previously read
3ubject: Cap's Auto GMQS
1essage:
rhe Water Dept. has no concerns, objections and/or comments on the
;MQS/Special Review on the Cap's Auto Supply Commercial Application.
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MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Mary Lackner, Planner
RE:
Cap's Auto 1993 Commercial GMQS in the Office Zone
District and Special Review for Reduction of Parking
DATE:
December 21, 1993
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SUMMARY: This application seeks a Commercial growth management
allocation !or 810 square feet of net leasable space. The existing
Cap's auto building will be sUbstantially remodeled. This projects
is competing against the Stapleton project on Main Street for the
4,000 square feet available in the Office zone district.
In an initial scoring by Planning staff, the project meets minimum
scoring thresholds. The applicant also requests Special Review for
parking (cash-in-lieu payment). Staff suggests that the Commission
first consider the project's request for Special Review, then begin
the scoring process. We further request that the commission
forward a recommendation on the Housing Mitigation Package to city
Council.
APPLICANT:
Vann.
Aspen Valley Bancshares, Inc., represented by Sunny
LOCATION: 210 N. Mill street, a metes and bounds parcel located
in Section 7, Township 10 South, Range 84 West of the 6th P.M., is
an approximately 8,275 square foot parcel. The project is located
immediately adjacent to the Rio Grande parking garage on Mill
Street.
ZONING: 0 - Office.
APPLICANT'S REQUEST: The applicant is requesting commercial growth
management allocations for the addition of 810 square feet of net
leasable space in a substantial remodel of the existing Cap I s
building. Essentially, the existing building will be demolished
except for the rear wall and completely rebuilt. A new bank is
proposed to accommodate the upper level and basement levels. The
lower level will be available for commercial and office uses
allowed in the Office zone district. The applicant is also
proposing two employee dwelling units in the lower level.
Additionally, Special Review approval' is sought for payment-in-
lieu for one parking space. The applicant will seek from City
council vested development rights for a period of three years.
Please refer to the complete application package.
PROCESS: It is suggested that the Planning Commission first review
the project's requested special Review for parking as this may be
an issue item in scoring. If the Special Review is approved, the
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commission will score the project. Staff has scored the project
and submits this score to the Planning commission ("Exhibit A").
The Commission may elect to accept staff's score as their own.
If the Commission finds the project meets minimum point thresholds,
it will be forwarded to the city council for GMP allocation of net
leasable area and approval of a housing mitigation package and
vested property rights.
REFERRAL COMMENTS: All referral agency comments are included as
"Exhibit B".
1. Aspen Consolidated sanitation District: Bruce Matherly states
that adequate line and treatment capacity is available to
service this development. Prior to the connection for new
service, the applicant must verify whether any "clear water"
site drainage enters the District system, and to correct that
situation.
2.
Electric Department: Bill Earley states
power is already available in the alley.
transformer may need to be replaced.
that three phase
At the most the
3. Engineering Department: Chuck Roth has commented that storm
runoff, trash/utility areas, and sidewalk/curb and gutter all
meet the requirements of the city Code. Mr. Roth also
believes that the proposed realignment and addition of three
parking spaces in the adjacent public parking lot is
acceptable, however a street light will need to be relocated.
4. Fire Marshall: Wayne Vandemark states that the project will
have to meet the Uniform Fire Code.
5. Housing Authority: Dave Tolen has reviewed the applicant's
housing proposal and has calculated that it should receive a
score of 15.
6. Roaring Fork Energy Center: Steve Standiford has stated that
there are not enough details in the application to preform a
review of the energy components of the proposed project.
7. Water Department: Larry Ballenger offers no comment at this
time other than all codes must be followed pertinent to water
supply.
STAFF COMMENTS: Staff recommends that the Commission first discuss
the Special Review for parking prior to scoring the project.
special Review for parking Reduction/Cash-in-lieu
section 7-404 (B) allows the Commission to grant a reduction of
required off-street parking. In the Office zone, a cash-in-lieu
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payment of $15,000 per parking space, at the option of the
Commission, must be paid prior to the issuance of a building
permit. The Commission shall take into consideration the practical
ability to place parking on-site, whether parking needs of the
development have been adequately met on-site, and whether the city
has [plans for] a parking facility which would meet the needs of
the development and the community.
Response: The applicant is required to provide 2.43 spaces for the
new net leasable area of the project, which is rounded down to two
spaces. It is being requested that one of these new spaces be
mitigated by a cash-in-lieu payment. The applicant is providing
a total of nine parking spaces on-site, which is one more than
their existing parking. The existing and proposed parking for the
project is non-conforming, however the proposed remodel does not
have to bring the required parking up to Code standards.
The parking requirement for the on-site affordable housing units
is set by special review. Theoretically, one parking space per
bedroom is required in the 0 zone district. The applicant is
requesting a waiver from providing any parking for these dwelling
units due to the proximity of the parking garage, the downtown
area, and local bus system. It is a planning office policy that
staff does not recommend support a waiver of parking spaces for
employee units. staff recommends that the Planning commission
require the applicant to designate two parking spaces of the nine
provided for the employee units. It is staff's concern that if a
parking space for each unit is not designated on-site, these
residents would be required to use the parking garage, which may
be full at times and cost a substantial amount of money. The
garage better serves the employees and patrons of downtown
businesses than residents of the affordable housing units.
staff recommends that the applicant designate two of the nine
parking spaces for use by the affordable dwelling units and pay
cash-in-lieu for three parking spaces.
Affordable Housing Mitigation Package
The applicant is proposing to
bedroom unit restricted to the
garden level of the project.
employees.
create a studio unit and a
Category 2 income level, in
These units will mitigate
one
the
3.0
City Council adopts the applicant's housing mitigation package
based upon a recommendation by the Planning Commission. When
assessing the housing proposal the Commission should consider the
following:
1.
Whether the city has an adopted plan to develop
housing with monies received from payment of
housing dedication fees.
affordable
affordable
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Response: The Housing Authority has a program to acquire land and
develop affordable housing units.
2. Whether the city has an adopted plan identifying the
applicant's site as being appropriate for affordable housing.
Response: This site is not designated in the AACP for use as
affordable housing, however, affordable housing units are permitted
in the Office zone district.
3. Whether the applicant's site is well suited for the
development of affordable housing, taking into account the
availability of services, proximity to employment
opportunities and whether the site is affected by
environmental constraints to develop or historic preservation
concerns.
Response: The site is marginally suited for affordable housing,
due to its location within an auto and transportation oriented
section of Aspen. The site is bordered by Mill street, the one-
way driveway to the parking garage, the Rio Grande parking garage
complex, and the Rio Grande surface parking lot. The specific
siting of the two dwelling units in the garden level of the
building was done to reduce noise and fume impacts from vehicles
surrounding the site. Staff believes that there would be adequate
space above the upper level to add another floor where the employee
housing can be located. Siting the units in this upper floor would
increase natural light to the units.
All services are available on the site. The site is located in the
center of Aspen, therefore employment opportunities are close by.
No environmental constraints or historic preservation issues affect
this property.
4. Whether the method proposed will result in employee housing
being produced prior to or at the time the impacts of the
development will be experienced by the community.
Response: The employee housing is proposed to be phased with the
proposed development of the project.
5. Whether the development itself requires the provision of
affordable housing on-site to meet its service needs.
Response: The applicant did not indicate whether the proposed
housing will be designated to employees of the new office space.
Staff believes that employees generated by the increase in space
can live off-site and still meet the service needs of the
development.
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staff recommends that the Planning commission request the applicant
to explore the option of locating the affordable housing units in
the upper level of the project.
Growth Management staff Score
Four city planners jointly reviewed the project pursuant to the
scoring criteria contained in section 8-106 (F) of the land use
regulations. The Planning Office forwards the following
recommended score for the Cap's Auto Supply Commercial GMQS
project:
scoring Minimum Staff
Cateqories Threshold Points
1. Quality of Design 7.2 (40%) 11. 75
2 . Public Facilities
and Services 4 (40%) 5.5
3 . Affordable Housing 10 (60%) 15
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Total Points 32.25
Pursuant to section 8-106(F) (5) a development application shall be
required to meet the thresholds of each category and combined
categories to be eligible for an allocation. Combined minimum
threshold for categories 1-2 above is 16.8 points. This project
scored 17.25.
This project meets all minimum threshold scores established in the
Land Use Code. The Commission may accept staff's score or prepare
your own score. Blank score sheets will be provided at the
meeting.
STAFF RECOMMENDATION: The Planning Office recommends approval of
the project, subject to the following conditions:
1. The applicant shall pay cash-in-lieu for three parking spaces
($45,000) prior to issuance of any building permits. The
payment shall be made to the Building department for transfer
to the city Finance department.
2. The applicant shall designate two parking spaces on-site for
use by the affordable housing units.
3. A drainage plan shall be approved by the city Engineer, prior
to issuance of a building permit.
4. A housing mitigation program for 2.43 employees must be
approved by city Council and appropriate deed restrictions or
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payments must be completed, prior to issuance of a building
permit.
RECOMMENDED MOTION: "I move to score the Cap's Auto Supply Growth
Management Project at points, finding that all required
thresholds have been met~ I further move to approve the request
for special review for parking with the conditions recommended in
the Planning Office memo dated December 21, 1993."
EXhibits:
"A" - Application Information
"B" - Aspen Consolidated Sanitation District referral memo
"c" - city Electric Department referral memo
"D" - City Engineering Department referral memo
"E" - Aspen Fire Protection District referral comments
"F" - Housing Office referral comments
"G" - Roaring Fork Energy Center referral memo
"H" - Water Department referral comments
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CITY OF ASPEN
COMMERCIAL/OFFICE GROWTH MANAGEMENT SCORE SHEET
PROJECT: Cap's Auto SupplY
(Staff)
DATE: 12/21/93
1. QUALITY OF DESIGN (maximum 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:
o 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 3 points). Considering the
compatibility of the proposed development (in terms of scale,
siting, massing, height, and building materials) with existing
neighboring developments.
RATING:
2.75
COMMENTS: The desiqn is comoatible with the nearbv historic Hotel
Jerome. Considerinq the constraints of the site. the desiqn should
comolement the Rio Grande and Mill street streetscaoes. The
structure has a fair amount of heiqht which is not useable soace,
while the emoloyee units are in subqrade soace.
(b) SITE DESIGN (maximum 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.
RATING: 2
COMMENTS: The confiquration of the affordable dwellinq units
provides for privacy. The trash area is poorlY sited outside of
the dwellinq unit window wells and alonq the north facade of the
buildinq. The aoolicant is reconfiqurinq a oortion of the Rio
Grande parkinq lot to accommodate oublic soaces and to imorove
traffic circulation. Snow storaqe for the courtyard and pedestrian
areas will be removed bv a snow melt svstem. The nine oarkinq
soaces are oroposed to be olowed with the City I S surface lot,
however. no snow storaqe will take olace on site.
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(c) ENERGY CONSERVATION (maximum 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.
RATING: 2
COMMENTS: The aoplication meets the standard reauirements of the
Code.
(d) AMENITIES (maximum 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.
RATING: 2
COMMENTS: The courtvard areas have been located to avoid noise and
fumes from Mill street, and will be equiooed with benches.
Seoarate bike racks are orovided for the residential and commercial
comoonents of the oroiect.
(el VISUAL IMPACT (maximum 3 points). Considering the scale and
location of the buildings in the proposed development to
prevent infringement on designated scenic viewplanes.
RATING: 2
COMMENTS: This cateqorv does not aoolv as there
scenic viewolanes in the vicinitv of the oroiect.
is qiven.
are no desiqnated
A standard score
(f) TRASH AND UTILITY ACCESS AREAS (maximum 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.
RATING: 1
2
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COMMENTS: The trash area. althouqh enclosed. is located outside
of the window wells which orovide liqht and air to an emolovee
unit. The aoolicant's prooosal to place a transformer (if needed)
in the emolovee courtvard is qenerallv deqradinq to that soace.
Althouqh staff understands that not havinq allev access creates
some difficulties. we believe the trash area is not aoprooriatelv
sited in relation to the residential dwellinq unit.
Subtotal:
11.75
2. AVAILABILITY OF PUBLIC FACILITIES AND SERVICES (maximum 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:
o -- 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 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
RATING: 1
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COMMENTS: The oro;ect can be serviced bv existinq facilities. No
uoqrades are orooosed or required.
(b) SANITARY SEWER (maximum 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.
RATING: 1
COMMENTS:
service to
applicant.
There is adequate line and svstem caoacitv to orovide
this oro;ect. No imorovements are orooosed bv the
(c) PUBLIC TRANSPORTATION/ROADS (maximum 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.
RATING: 1
COMMENTS: The orooosed develooment can be serviced bv the existinq
transoortation and street system. No imorovements are orooosed or
required to service the oro;ect.
(d) STORM DRAINAGE (maximum 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 commitment by the applicant to install the necessary
drainage control facilities and to maintain the system over
the long-term.
RATING: 1
COMMENTS: Althouqh historic drainaqe oatterns are beinq maintained
in the prooosed develooment, the existinq drainaqe desiqn is
inadequate because of drainaqe flowinq off-site. Due to the
oroximitv of the development to the river, staff also has further
concerns about river oollution. staff would prefer to score the
aoolicant a zero in this cateqorv, however. the standards of this
4
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cateqorv allow an inadequate situation to receive a hiqher score.
(e) PARKING (maximum 2 points). Considering the provisions of
parking spaces to meet the commercial and/or residential needs
of the proposed development as required by Article 5, Division
2, and considering the design of the parking spaces with
respect to their visual impact, amount of paved surface, and
convenience and safety.
RATING: 1. 5
COMMENTS: The aoolicant has oroposed to imorove public oarkinq bv
creatinq three new spaces in the Rio Grande surface oarkinq lot.
staff. however, does not suooort the aoolicant's Soecial Review
request to waive the oarkinq requirement for the residential
comoonent of the oroiect. The 9 oarkinq soaces have been located
to reduce visual impact alonq Mill street and to orovide
convenience to the structure. Staff is concerned that there is no
sidewalk orovided at the front of the oarkinq soaces and this mav
cause some oedestrian and auto conflicts in the oarkinq lot.
subtotal: 5.5
3. PROVISION OF AFFORDABLE HOUSING (maximum 15 points). 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 8-109.
Points shall be assigned as follows:
Zero (0)
employees
point for
to sixty (60) percent of the additional
generated by the proposed development: One (1)
each six (6) percent housed;
Sixty-one
additional
development:
housed.
(61) to one hundred (100) percent of the
employees generated by the proposed
One (1) point for each eight (8) percent
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):
3.50 to 5.25 employees/l,OOO sq. ft.
(net leasable), based on review of
the city council's housing designee;
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Neighborhood
Commercial (NC)
and Service/Commer.
Industrial (S/C/I):
Office (0):
2.30 employees/1,000 sq. ft. (net
leasable);
3.00 employees/1, 000 square feet (net
leasable);
Commercial Lodge (CL)
and other:
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:
One-bedroom:
Two-bedroom:
Three-bedroom or larger:
Dormitory:
1.25 residents;
1.75 residents;
2.25 residents;
3.00 residents;
1.00 resident per 150 per
square feet of unit space.
RATING: 15
COMMENTS: The orooosed residential dwellinq units comolv with the
housinq size. tvoe. income. and occuoancv quidelines adooted bv the
citv. Staff does not believe that the subqrade units are adequate.
however. points are awarded on a oercentaqe of emolovees housed.
Further discussion of the housinq packaqe is in the Planninq Office
memorandum.
4. BONUS POINTS (maximum 4 points). Bonus points may be assigned
when it is determined that a proposed development has not only
met the substantive standards of Section 8-106(F) (1) through
(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 8-106(F) (1) through (3). Any commission member
awarding bonus points shall provide a written justification
of that award for the public hearing record.
RATING: N/A
COMMENTS: Planninq staff does not recommend the award of bonus
ooints. This is a decision of the Planninq Commission.
6
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5. TOTAL POINTS -
SCORING CATEGORIES:
POINTS:
1.
QUALITY OF DESIGN
11. 75
2.
AVAILABILITY OF PUBLIC FACILITIES &
SERVICES
5.5
3.
PROVISION OF AFFORDABLE HOUSING
15
4.
BONUS POINTS
o
TOTAL POINTS:
32.25
Name of P&Z Commission Member:
Planninq Staff
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VANN ASSOCIATES
Planning Consultants
December 13, 1993
HAND DELIVERED
Ms, Mary Lackner
AspenlPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Cap's Auto Supply 1993 Commercial GMQS Application
Dear Mary:
Outlined below is the additional information which you requested with respect to
the 1993 Cap's Auto commercial GMQS application, For convenience, I have
organized the information under an appropriate heading,
Reconstruction
As the attached upper level floor plan and building section prepared by Bill Poss
and Associates Architects illustrates, portions of the south and west exterior walls
of the existing Cap's building have been incorporated within the design of the
expanded structure. More specifically, the south wall will be used to create a
subgrade window well for the building's lower level office space. The window well
will be covered with a transparent material to prevent the accumulation of snow
and debris. Portions of the existing west wall will be used for site retain age
adjacent to the building's front entry. The portion of the wall located above
grade will be faced with brick to match the building.
Snow Storage
As the site plan on page 8 of our GMQS application illustrates, virtually all of the
project site will be occupied by the proposed building, A snowmelt system will be
installed in the lower level courtyards, the building's entry area, and proposed
sidewalks to prevent snow accumulation. The resulting snowmelt will be accom-
modated on-site and incorporated into the project's stormwater management plan,
The building's parking area will be plowed in connection with the adjacent public
access driveway.
230 East Hopkins Avenue' Aspen Colorado 81611. 303/925-6958' Eax 303/920-9310
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Ms. Mary Lackner
December 13, 1993
Page 2
Engineering Report
As we discussed, I have also attached a revised engineering report prepared by
Schmueser Gordon Meyer, Consulting Engineers, Please note that the revised
report is based on the final building design which is included in our GMQS appli-
cation. The original report, which is attached to the application as Exhibit 4,
Appendix B, was prepared prior to completion of the final application, and
assumes a slightly larger structure, The only change in the report is a reduction
in the project's projected traffic generation and number of required off-street
parking spaces, The relevant application text, however, is correct as supplied.
Should you have any questions, or if I can be of any further assistance, please do
not hesitate to call.
SV:cwv
Enclosure
cc: Kim Weil
Arthur C. Daily, Esq,
c:\bus\city.ltr\ltr23193.mll
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DON MEYER INe.
~, Box 2155
.....,(spen, Colorado 81612
(303) 925-6727
Fax (303) 9254157
September 3, 1993
CONSUL rING ENGINEERS & SURVEYORS
Mr. Sunny Vann
VANN ASSOCIATES INC,
230 East Hopkins Ave.
Aspen, CO. 81611
RE: Cap's Auto Parts. Office Growth Manaaement Application Enaineerina Report
Dear Sunny:
This letter comprises an engineering report for relevant aspects of the Cap's Auto Parts building
Office Growth Management Application to the City of Aspen. My remarks are based on our
discussions of the project, conversations with representatives of the primary utilities and
inspection of the site. I have also structured my comments in response to the engineering
related criteria of City of Aspen Municipal Code Section 8-106 F., Commercial and office
development standards.
Introduction
The Cap's property is located at 210 North Mill Street on the "Caps' Auto" (Draco lnc,)/City of
Aspen Land Exchange Subdivision. The site currently includes an approximately 5,000 square
foot commercial structure and on-site parking and circulation. The application is for growth
management approval of approximately 1,900 additional square feet of net leasable office space
in the Office (0) zone district (this figure represents a maximum anticipated expansion, the final
figure may be lower). The expansion will also incorporate approximately 1,200 square feet for
an affordable housing unit or units.
One general comment with regard to all potential utility connections that may require excavation
into Mill Street involves the City of Aspen's intention to repair and overlay the street in 1994.
Conversations with City of Aspen Street Superintendent Jack Reid indicate his plan to mill and
overlay the street, preferably early in the summer construction season. Jack has suggested that
any anticipated excavation work to support an approved office expansion be completed as soon
as possible in 1994 to avoid cuts into the new pavement.
With regard to the requirements of Aspen Code Section 8-109 F. (2), Availability of public facilities
and services, I offer the following comments:
(a) Water supplv and fire protection Based on my meeting with City of Aspen Water
Superintendent Larry Ballenger, the site is currently served by a 6 inch diameter cast iron
main in the North Mill Street right-of-way. The condition of the existing water service line
is not known but expansion of office use may not require a new or upsized service tap
if the existing service is large enough and in good condition. If a new service is required,
a new tap will be feasible from the Mill Street main. The City water system has sufficient
capacity to serve the expansion of the commercial structure and provision of water
service would not pose any special problems from a technical standpoint. As a site within
the City, service would be subject only to payment of appropriate tap and connection fees
1001 Grand Avenue, Suite 2-E . Glenwood Springs, Colorado 81601 . (303) 945-1004
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September 3, 1993
Mr. Sunny Vann
Page 2
for the additional capacity required by the expansion (whether or not a new service tap
is required).
(b) Sanitarv sewer Based on my discussion of the project with Aspen Consolidated
Sanitation District (ACSD) System Superintendent Tom Bracewell, there is an existing
sanitary sewer main in North Mill Street along the property frontage. The line is a 12 inch
diameter trunk that receives flow from the Galena Street interceptor and the remainder of
the Mill street line to the south. The existing service tap may also be adequate, If a new
tap is required, service connection to the North Mill Street sanitary sewer main will be
feasible. The ACSD has sufficient capacity to serve the proposed expansion of the Cap's
building and would provide service, once again, subject to payment of appropriate tap
and connection charges associated with the capacity requirements of the expansion.
(c) Public transoortation/roads The Cap's site is located between North Mill Street and the
Rio Grande parking structure, adjacent to Rio Grande Park. The Galena Street shuttle
van provides frequent service between the Clark's Market parking lot past the site on
Spring Street to the Rubey Park transit center. The site also fronts on the bus routes that
serve North Mill Street. The Cap's Auto Parts site is very well served by available transit.
North Mill Street, as indicated above, is scheduled for some rotomilling and overlay work
by the City Streets Department in 1994. Existing public parking is available, particularly
in the adjacent short-term lots of the Rio Grande park as well as along North Mill Street,
and will not be reduced as a result of the Cap's building office expansion. Given the
location of the property along the Mill Street corridor within 1 Y. blocks of the Mill and Main
intersection and the commercial core, much of the anticipated increase in business traffic
to the office uses will likely be pedestrian oriented.
To anticipate some basis for traffic generation from the additional office space, I would
reference Section II, "Road Design Standards" of the Pitkin County Road Standards and
Specifications, as adopted on December 4, 1990, which recommends a vehicle trip
generation figure for commercial office space of 8 vehicles per day per 1,000 square feet
assuming a strona transit system. In addition, the on-site affordable housing unit could
generate 3 vpd. This would result in a traffic generation figure of 15 vehicles per day
impacting adjacent streets. While recent traffic counts on Mill Street are not available, the
adjacent street already experiences fair traffic loads of over 7,600 vehicles per day
according to the City of Aspen Comprehensive Plan Transportation Element in 1987.
North Mill Street is under its available capacity at this time.
An additional, and conservative, 15 vpd represents a minimal percent increase in adjacent
traffic volumes, In addition, the very strong transit serving the site and its location within
walking distance of the other businesses of the commercial core will further minimize the
additional vehicular activity it will actually generate. No changes to the area street system
are required by the Cap's building expansion proposal.
SCHMUESER GORDON MEYER, INC.
\1
".
September 3, 1993
Mr. Sunny Vann
Page 3
(d) Storm Drainaae No substantive changes to the current impervious surfaces of the site
will occur as a result of the Cap's building expansion. The additional building area will
be either above the existing structure or replacing existing paved surfaces and the net
impact of site changes is zero, Historic drainage patterns will be unaffected as a result
of this project and the City of Aspen's drainage facilities will not be impacted additionally.
(e) Parkina Parking is required within this office zone site, as indicated in Article 5, Division
2 of the City of Aspen Land Use Regulations, at 3 spaces per 1,000 square feet of
additional net leasable space. This requirement can be reduced to 1.5 spaces per 1,000
square feet (and no parking for affordable housing) by Special Review, resulting in a
requirement of just 3 spaces for the project. It is my understanding that the Applicant will
be providing some combination of additional on-site parking and cash, in lieu of on-site
parking, to fulfill the parking requirement relevant to the office expansion.
The Rio Grande parking facility does offer some 400 spaces of paid public parking
adjacent to the Cap's building and will continue to serve drivers accessing the site. As
indicated in the above section on roads, available public parking is neither created nor
removed from adjacent streets as a result of this proposal. The Cap's building's location
adjacent to one of the few large, permanent, public parking structures render it an easily
accessed location for those who drive into the area,
I hope these comments will be sufficient for the Office Growth Management application for the
Cap's building. Please feel free to contact me if I may provide further information or detail,
Very truly yours,
SCHMUESER GORDON MEYER INC.
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ay W. Hammond, P.E.
Principal, Aspen Office
JHljh831!51EA
SCHMUESER GORDON MEYER, INC,
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:Aspen C9onsolidated Sanitation (j)istlfict
565 North Mill Street
Aspen, Colorado 81611
FAX #(303) 925-2537
Tele, (303) 925-3601
Sy Kelly - Chairman
John J, Snyder - Treas.
Louis Popish - Secy,
Albert Bishop
Frank Loushin
Bruce Matherly, Mgr,
November 1. 19D3
r~lary Lachner
Planning Dffice
1-30 S. Galena
Aspen, CO 81611
Re: Cap's Commercial GMQS
Dear" 11aTY:
The Aspen Consolidated Sanitation District currentiy has
slJfiicient line and treatment capacity to provide service tor
this development.
The total connec~ion fees associated with the project can be
estimated once detailed plans are available. Credit for tt18
existin2 structure will be given in the exact amount previouslY
palO. Credit for existing fixtures will be given ior those
fixtures that the District has a record of.
A six inch service line may be required for the proposed
development since there are multiple dwelling units associated
with the commer'cial llse. The appl icant is encouraged to contact
our line superintendent for our specific line requirements. If a
new service is required, fees must be paid in fIlii prior to
connection to our system. IT the existing service line is
approved by our line sl!perinte!ldent for use, then fees mllst be
paid prior to construction of the new building.
As lJsual the service is provided contingent upon compliance with
our Rules and Regulations which are on file at our office. No
cli;:;ar water ccnnecticns to our sY::item wi i I be ai lowed (perimeter
drains. roor drains. patio drains, etc.). There have been G;[Duncl
water problems associated with development in this area.
Please cal
if you have any questions,
Sincerely,
k~,- ''''''7l..<-f Ir;
Bruce (-)a t heVl y
District rlanager
EPA AWARDS OF EXCELLENCE
1976 - 1986 - 1990
HRfHONAT. AND NATIONAL
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TO: MARY LACKNER
FROM: BILL EARLEY
DATE: OCT 18, 1993
RE: CAP'S AUTO SUPPLY COMMERCIAL GMQS ALLOTMENT, SPECIAL REVIEW
No load information was presented however I do not think this will
be a problem. The alley currently has three phase power and the
addition is fairly small. At most the transformer may need to be
replaced.
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MEMORANDUM
To:
Mary Lackner, Planning Office ' ~
Bob G;,h, P"bhe W"", D;ccc<'" ii~
Chuck Roth, City Engineer ~
Thru:
From:
Date:
November 1, 1993
Re: Cap's Auto Supply Commercial GMQS Allotment, Special Review & Vested
Rights
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
I, Storm Runoff
Storm runoff has been adequately addressed in the application,
2, Trash and Utilities Area
The trash and utilities area has been adequately addressed in the application, The
applicant should note that the dumpster is currently located off of the applicant's property,
on the City Parking Plaza property,
3, Sidewalk. Curh and Gutter
These facilities are largely in excellent condition at this time with the exception of
several small areas of sidewalk that must be patched in order to meet City Code
requirements of Sections 19-103 and -104,
4, Parking
The applicant has offered to reconfigure a section of curb and gutter in the City
parking lot in front of Caps's so as to provide an additional three public spaces there. I
have reviewed this in the field with the Street Superintendent, and the proposal is
acceptahle, Note that a street light will also need to be relocated,
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5, Special Review for Parking
This same comment section is being written for all three of the 1993 Commercial
G MQS applications, I am doing this because there are three different planners for the
applications illld bccause the issue should be looked at as a whole for all three
applications,
Each of the three applicants is seeking a reduction in Code requirements for on-
site parking, It would appear that the Parking and Transportation Director should be
consulted for a policy statement on approving GMQS projects which do not offer to
provide on-site parking for the needs of the proposed projects, Perhaps it may be
inappropriate to grant increased development rights when parking is not provided on site,
Each of the applicants states that it is not possible to provide (In-site parking, The
statement must be evaluated more as a statement of apparent economic feasibility than
as an engineering or construction comment That is, it might be possible to provide on-
site parking, but the costs might be greater than paying cash-in-lieu, Please note that the
City's cash-in-lieu amount is probably too low, which may contribute to the three
applicants' choosing to offer cash-in-lieu instead of constructing parking spaces on site,
This was discussed at the Design Review Committee meeting for the Kraut Property
project They reported higher costs for providing on-site, sub-grade parking spaces than
the City's cash-in-lieu amount
Permitting cash-in-lieu for daytime office or commercial parking may have less of
an adverse impact, but it would appear that on-site spaces should be provided for
residential units in all cases,
Note that providing parking spaces and trash and utility areas often is a "contlict"
for developers versus maximizing on-site net leasable space, The Galena Plaza project
could potentially construct an in-set trash and utility area into the apartments which would
save the existing two on-site parking spaces, The City has discussed in other instances
constructing in-set trash and utility spaces in existing buildings in the commercial core so
that the problem of removing dumpsters from the alleys can be alleviated, Again, this
becomes an issue of loss of net leasable space, In the commercial core, it is sometimes
also an issue of whether or not such a recessed enclosure into an historic building
represents a compromise of the historic building,
6, Roof Snow and Ice Shed
It is not apparent from the drawings that roof snow and ice shed onto public
sidewalks and other public spaces will not be a problem, It is recommended that a snow
and ice shed drawing be required in order to identify the areas of those impacts,
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7, Work in the Puhlic Righl-of-wav
Given the continuous problems of unapproved work and development in public
rights-of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5]20) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130),
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MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, City Engineer QiC
Date: December 15, 1993
Re: Cap's Auto Supply GMQS - Additional Comments
Following additional discussion with the Planning Office, the Engineering Department must
revise its comment on storm runoff as follows:
1. Storm Runoff
Section 24-8-106.F(2)(d) of the Municipal Code provides for reviewing a commercial
GMQS application for storm runoff as follows:
"Storm drainage (maximum 2 points). Considering the degree to which the
applicant proposes to maintain the historic drainage patterns on the
development site. If the development requires use of the city's drainage
system, the review shall consider the commitment by the applicant to install
the necessary drainage control facilities and to maintain the system over the
long-term."
The City has generally interpreted "historic drainage patterns" to refer to site conditions
prior to l!!!X development. Existing developments on properties have not been interpreted
to qualify for "historic drainage patterns." The proposed development also definitely
proposes to use the city's drainage system. Therefore it appears to be appropriate for the
Engineering Department to require that the applicant submit a storm drainage plan
meeting the requirements of Section 24-7-1104.CA.f of the Municipal Code.
cc: Bob Gish, Public Works Director
M93.283
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MESSAGE DISPLAY
TO MARY LACKNER
From: Wayne Vandemark
Postmark: Oct 01,93 1:50 PM
Status: certified Previously read
Subject: CAP'S AUTO
------------------------------------------------------------------------------
Message:
THE ONLY COMMENT WE HAVE AT THIS TIME IS THEY WILL BE REQUIRED TO DO
WHAT IS REQUIRED BY THE UNIFORM FIRE CODE AS AMENDED. BY THE WAY,
WHAT DOES THE TERM "VESTED RIGHTS" MEAN ?
-------========x========-------
1.--1
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To:
Aspen/Pitkin Planning Office t12r''(
From: Dave Tolen, Housing Office
e)th;~,i "f"
subject: Cap's Auto Supply Commercial GMQS Allotment
Date: 8 November, 1993
=================================================================
Summary: The Aspen Valley Bancshares, prospective purchaser of the
property currently occupied by Cap's Auto Supply is requesting a
GMQS allocation for the expansion of the existing building and
conversion of the entire building to use as the Aspen Valley Bank.
The applicant proposes to meet the employee mitigation requirement
by providing two deed restricted units onsite, in the lower level.
GMQS scoring for Affordable Housing: Under the City of Aspen Land
Use Code, Growth Management Quota System, the applicant receives
points for the percentage of affordable housing that is included in
the proposal. The applicant is requesting points as follows:
Total Development: 810 sq. ft
Employees Generated: 810/1,000 X 3 = 2.43
(3 employees per 1,000 sq. ft.)
Housing Proposed
1 - studio unit @ 1.25 residents/unit
1 - 1 BR unit @ 1.75 residents/unit
Total
Percentage of employees housed:
3.0 / 2.43 =
Points Awarded:
1 point / 6% up to 60%
1 point / 8% above 60%
100.% - 60% = 40% / 8% =
Total
1.25 employees
1. 75 employees
3.00 employees
124%
10 points
5 points
15 points
Affordable Housing Priori ties Identified by Housing Guidelines: The
1993 Affordable Housing Guidelines establish priorities for
affordable housing mitigation associated with commercial
development. The current priorities are for construction of onsite
affordable housing, with an emphasis on family oriented sales
units, entry level sales units and low income rental units. The
proposed units will be deed restricted to the category Two levels.
Both units would meet the priority for affordable rental units in
category one and two.
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Recommendation: Forward the application to the planning office
with the following comments:
The applicant scores 15 points for the prov~s~on of a studio
unit and a one bedroom unit restricted to Category Two
occupancy and rental price guidelines.
The provision
consistent with
Guidelines.
of onsite, Category Two rental units is
one priority established in the 1993 Housing
~~
FROM : "zyw
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PHONE NO. : 9631545
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Nov. 01 1993 05:22PM P01
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R,OA'RiNG FORKENERGY,C!:NTER : ~ '~42 MAIN STREET. CARBONDAU:. CO 81623.(303)963~311
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NQvember 1..,1993
-'
, TO;, Mary Lackrier -Aspem/'Pitkin Planning Office'
'FRI' ,st~vestahdiford'-Direcbor" \'
REi C9mmenl;fi'lon:C~'E!'Aut() Supply ccimmercial ,GMQS ,Allotment
. ,,' ..,.. \ ' . .... . " . ,. , ;. ,';'.', .'
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"',The following, cotluneI:lts are directed at the energy conserVation
't:e:atureso~ the pt'oposal fromCap'liI Auto Supply as listed ,',
,on page25,9f,th~app:Ucation. " ", ,"" ",
., ,.' .". ..'
','I'hEn~:e : ~renc;>t,an1' d~ta,~lsfrom which to 'pei;form ar~v:iEiw of
l:,he e~er9Y comp()ne,iltsof ,the propose4 development, ,Furt(her',
:j"ustri\eeting l;he"inin:j.mum requirements of"theM()de;!: Energy ,
'Code.i' : does not,nece'i;Jsa;rUy, ,mean this 'proposal wil,l be' energy"
\ ef'f'ic;:~rttan;",deservi~g ,of the maximumamounl: of'point8 '
,available ~, ' ' , ' ..
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,We would li~e to 'see the detailed,design of the building when
, ,it is comple.ted. At that 'PQin!:, we can perform an ,energy
,'~naiysis'w:i.th,co_ntis:; , ,"',
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t'9 Printed oIirec'lCIIHi PBP/irto help cb1iS&IV& nat,UI'al r~sourc"." @l,'
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MESSAGE DISPLAY
TO
CC
Mary Lackner
Kristin Sund
CC
Bob Gish
From: Larry Ballenger
Postmark: Oct 18,93 4:38 PM
Status: Previously read
Subject: Cap's Auto GMQS
------------------------------------------------------------------------------
Message:
The Water Dept. has no concerns, objections and/or comments on the
GMQS/Special Review on the Cap's Auto Supply Commercial Application.
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'31
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GVL:II!!!!!!!)\ GRAND VALLEY CONSULTING ENGINEERS. INe.
e 827 ROOD AVENUE
, ~~ GRAND JUNCTION, COLORADO 81501
(303) 245-3177 FAX: (303) 245-4450
c.....,.,.
LEZlIE BROWN
Jl;ANNINI! CAf1Y
BILL MARS'JON
CLINT RAI.S1ON
RANOY FlEXWINKLE"
ROONEY FlEXWINKlE
KAREN THCOBOLD
Janual)' 19. 1994
Kim Well
William poss & Assoclates
605 East Main
Aspen. CO 81611
SUblect:
Aspen Valley Bank
Our Job #3132
, During our diSCUSSion, you asked if carbon monoxide is,heavler than iiir and would migrate down
to the living units on the lower level. Carbon monoxide is almost identical in specific gravity to
air, and as such, mixes readily and does not stratify when introduced to the atmosphere. One
, poSSible situation that might occur is cold air mixed with carbon monoxide dropping Into lOwer
areas bElcause of the higher density of cold air. The cold air mixture stagnates in areas that have
no c1fClJlation to push the air, much like an inversion in a valley.
In the unlikety event of carbon monoxide migrating Into the liVing units, there are several potential
SOlutions. Should you wish to include safeguard measures In the design of the units, I
recommend Installing air quality monitolJl and ~ssurizalion fans. Air quality monitors in the living
units will monitor the carbon monqxlde level and activate the pressurization fans or sound a1anns
If the carbon monoxide level Increases. Th.e pressurization fans can be Installed In the living units
to bt1ng higher quality, un-stratified air from the roQfarea to the units. A 2-stage air Quality control
monitor can be used with the first stage cycling the fan snellf level of carbon monoxide Increases,
the second slage can sound an alanYl to warn the,occupants. "
In summary, I feel conflelent that we can control.a1r Quality within the living units on this project.
If you have any Questions concerning this report or need further assistance on the project, please
do not hesitate to contact me.
Sincerely,
Grand Valley Consulting Engineers, Inc.
'7." ;/ 'J /1/7
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Randy L, Rexwtnkle
Mechanical Department
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PUBLIC NOTICE
RE: 1993 COMHERCIAL GMQS APPLICATIONS
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, December 21, 1993 at a meeting to begin at 4,0 p.m.
before the Aspen Planning and Zoning commission, 2nd Floo~ Meeting
Room, city Hall, 130 S. Galena st., Aspen, CO to score the 1993
Commercial Growth Management Quota system applications for the
Office (0) Zone District. Two applications were received for this
competition. are described below.
1. Aspen Valley Bancshares, Inc. and Draco,
Inc. are requesting an allocation for 810 square feet of net
leasable office area for a future bank for the Cap's Auto
supply building, located at 210 N. Mill st.; a metes and
bounds parcel located in Section 7, Township 10 South, Range
84 West of the 6th P.M.. The applicants are also requesting
Special Review approval to reduce the amount of the required
on-site parking and vested property rights.
2. STAPLETON AGENCY, INC.: stape Limited Liability Company is
requesting an allocation sufficient to accomodate 2,423 square
feet of office space and 1,600 square feet of required
affordable housing at 702 W. Main st.; east 10 feet of Lot R
and all of Lot S, Block 18, Aspen Townsite. Associated
approvals are requested for Special Review for an increase in
the external FAR of the project and for parking, GMQS
Exemption for affordable housing, Exemption from Park
Development Impact Fees for affordable housing and vested
property rights.
For further information, contact the Aspen/Pitkin Planning Office,
130 South Galena street, Aspen, CO (303) 920-5090.
slBruce Kerr. Chairman
planning and Zoning Commission
Published in The Aspen Times on December 3, 1993.
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city of Aspen Account
A j H )UJ\MA
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L The rights granted by the site spedftc
development plan approvedili/thls """nance
shaD remain vetted fOr three s mw the
date of final adoption speel. &::. Howeov-
ert any failure to abkle by the terms and cond'"
tlons attendant to this approval shall result In
forfeiture 01 said vested property rights. FaU.
ure to UIl'ieIy and property record all plats and
agret;menls as spedOed herein or In the Muntc-- .
IpaI Code ,hall .0 result In the forfellure of
said vested rights.
2. The approval granted hereby shall be sub-
Ject to aU i'lghts of referendum and Judicial
.......,
3. Nothing In the approvals provided by thll
Ordinance Iball exempt the site speciflc deve('"
opment plan from subsequent reviews and/or
approvals required by this Ordinance or the
general rules., regulatlons or ordinances 01 the
City provided that such review. or approvals
8l'e not IncontJ.tent with the approval granted
and -'""herein.
4;~ lib: . ment beretn of a vested prop-
. *1 preClude the application of
tlons whk:h ue general In
to all properties .ub-
by the C'Iy 0' Aspen,
lied to, buUding, fire,
. mechank:al codes. In
of thla site develop-
~ .~IG~e~
.,' - ',... - ,"fIre,plumbinl.eIectd-
. unIetI an exempUon
10.........10_ '
, . _ ..' .: n.e CIty Clerk tbaII cause notk:e of
... 0rdIaaDee to be published In a newspaper
oI=~_theCltyol""'"
~rOOdays--bna1
me- - " Jorm:.SGda ~ shaAbe 8fven In
NotIce.. stven to the aeneral pubUc
01...._01.___
p_. add. the creaUon.of a vested ~
__to 11tIe 24, ArtIcle 68,
~~~. pertaining to the following
-
Tbe~~ be described In the DOUce
and ~to.sakl notice.
SeciJQQ 5: A. pubIk: ~ on the ~
tbaD be beId on the 28th daY of FebRWY!I
".5:00 P;M. In the City Council Cha .. ':
. A.pen _CIty Hall. Aspen. Colorado. PUt.. .
dI;P pi10r to the he8rInI. a pubbc noUCa .
hWInI shall be published In a newam' _ ...
aeneraI c:lrcu1ItioiIwlthIn the C of As' ';j.' >'
INTRODUCED; READ AND ~ERE ,'" . ::;
lSlED.......- by law. by the City
of the- CIty 01 Aspen on the 2"4 day of ........
....,
John BennettS'
ATTEST: Kathryn S. Koch, C
..!'!bUshed In The Aspen Times Febr , ,,',
19"1.
TO:
FROM:
RE:
DATE:
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
City Engineer
Housing
Water Department
Zoning
Electric
Aspen Consolidated Sanitation District
Aspen Fire Protection District
Roaring Fork Energy Center
Mary Lackner, Planning Office
Cap's Auto Supply Commercial GMQS Allotment, Special Review
& Vested Rights
October 1, 1993
Attached for your review and comments is an application submitted by Aspen
Valley Bancshares, Inc. requesting development approvals.
Please return your comments to me no later than November 1, 1993. Thank you.
Development Review Committee is scheduled for October 14th at 3 pm in the
City Council Chambers.
I" """
....... .",'
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
september 29, 1993
sunny Vann
Vann Associates
230 East Hopkins Avenue
Aspen, CO 81611
Re: Cap's Auto Supply commercial GMQS Allotment, Special
Review, and Vested Property Rights
Case A50-93
Dear Sunny,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for review at a public hearing
by the Aspen planning and zoning commission on Tuesday, December
7, 1993 at a meeting to begin at 4:30 p.m. Should this date be
inconvenient for you please contact me within 3 working days of the
date of this letter. After that the agenda date will be considered
final and changes to the schedule or tabling of the application
will only be allowed for unavoidable technical problems.
The Friday before the meeting date, we will call to inform you that
a copy of the memo pertaining to the application is available at
the Planning Office.
All applications are now being scheduled for the Development Review
Committee (DRC). The DRC is a committee of referral agencies which
meet with Planning and the applicant early in the process to
discuss the application. This case is scheduled for october 14,
1993 at 3:00 p.m., City Hall, city Council Chambers.
Please note that it is your responsibility to mailing notice to
property owners within 300' and to post the subject property with
a sign. Please submit a photograph of the posted sign as proof of
posting and an affidavit as proof of mailing prior to the hearing.
If you have any questions, please call Mary Lackner, the planner
assigned to your case, at 920-5106.
sincerely,
cf)~
Debbie DuBord
Office Manager
V ANN ASSOCIATES
Planning Consultants
September 10, 1993
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Cap's Auto Supply 1993 Commercial GMQS Application
Dear Leslie:
The purpose of this letter is to confirm my understanding of two (2) issues which we
discussed at our September 1, 1993, pre-application conference regarding the Cap's
Auto Supply 1993 commercial GMQS application. The issues in question pertain to
the permissibility of operating a bank or [mancial institution in the 0, Office, zone
district, and the ability to substantially alter an existing structure without such
alteration being construed as demolition.
At our meeting, you confirmed that it is the staff's position that a bank is considered
to be a business and professional office, and as such is permitted by right within the
0, Office, zone district. The staff's position is based upon prior determinations by
the P&Z, and the City Council's approval of such facilities within the old Aspen
Savings and Loan building, Although the Aspen Savings and Loan building is
located within the NC, Neighborhood Commercial zone district. business and
professional offices are permitted within the NC zone subject to conditional use
approval. A bank was also previously approved and operated as a conditional use in
the Truman Center building,
With respect to demolition, you also indicated that precedence exists for the
substantial alteration of an existing structure outside of the definition of demolition.
You specifically referenced the renovation of the old Sports Stalker building (Le.,
The Gap building) in which, I believe, only various walls were left standing. You
also indicated that the so-called "fifty percent" rule regarding demolition applies only
to the City's multi-family housing replacement program.
As the Cap's Auto project is intended to accommodate the new Aspen Valley Bank.
and will involve significant alteration of the existing building, the above interpreta-
tions are obviously crucial to the success of our application. Should my understand-
230 East Hopkins Avenue. Asoen, Coloraao 81611 . 303/925.695a . Fax 303/920.9310
Ms. Leslie Lamont
September 10, 1993
Page 2
ing of our discussions be in error, or if I have misrepresented your position in any
way, please do not hesitate to let me know.
Yours truly,
CIATES/
SV:cwv
cc: Kurt Adam
Leonard W. Oates. Esq.
Arthur C. Daily, Esq.
c:\hus\city.1tr\ltr2J193.111
).
12 September 1996
Mr. Sunny Vann, AICP
Vann Associates
230 East Hopkins Avenue
Aspen, Colorado 81611
Re: Cap's Auto Supply GMQS Exemption and Allocation
Dear Sunny:
In response to your letter of 21 August 1996, Community Development staff have
confirmed that current land use approvals for Cap's Auto Supply allow the
owner/applicant to essentially tear down the existing building and to reconstruct the four
thousand four hundred twenty (4,420) square feet of net leasable area without having to
provide affordable housing or parking mitigation for the reconstructed floor area so long
as a portion of the existing building is retained and incorporated into the new building.
However, if the existing structure is to be razed or completely demolished, the
reconstructed floor area would then be considered newly constructed space, and
mitigation of affordable housing and parking would be required in accordance with
City regulations.
The owner/applicant of Cap's Auto Supply has also been granted via Ordinance 2-94, a
GMQS commercial allocation of eight hundred ten (810) square feet of net leasable area.
The GMQS allocation was awarded in conjunction with a GMQS exemption for two (2)
units, a studio and a one-bedroom unit, of deed restricted Category 2 housing to be
constructed on-site; and special review to pay cash-In-lieu of $45,000.00 for three (3)
parking spaces. Our confirmation of this approval is based upon development rights
granted to this project and does not necessarily reflect a current interpretation of
demolition or its relationship to mitigation requirements.
Current GMQS exemptions, allocations and approvals for the site specific development
plan are vested until 24 January 1997. An extension of the approvals may be applied for
in accordance with the Land Use Regulations, Section 26.102.080, Expiration of
Development, if a building permit is not obtained prior to the date of expiration.
Sincerely,
Dave Michaelson
Deputy Director
VANN ASSOCIATES
.~JtJl .:3 . ~1%
Planning ConsL:tanrs
fJ... .-:. .~.., ._.'" . .
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,
August 21, 1996
HAND DELIVERED
Mr. Dave Michaelson
Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Cap's Auto Property
Dear Dave:
The Cap's Auto property successfully competed in the City's 1993 commercial growth
management quota system competition. A GMQS allocation of eight hundred and
ten (810) square feet of additional net leasable area was awarded to the project. This
allocation was required in order to permit the construction of a new building for the
proposed Aspen Valley Bank, which was to have contained a total of five thousand
two hundred and thirty (5,230) square feet of net leasable area.
The various approvals which govern the development of the property are addressed in
Planning and Zoning Commission Resolution No. 93-33, City Council Resolution No.
94-3, and City Council Ordinance No. 94-2. The project's GMQS allocation and
vested rights will expire on or about February 28, 1997, which is three years from the
date of the adoption of Ordinance No. 94-2.
In connection with the approval, it was determined that the project was entitled to a
reconstruction credit of four thousand four hundred and twenty (4,420) square feet of
net leasable area based on the size of the existing Cap's building. Inasmuch as the
project was designed to incorporate a portion of the existing building's rear waii as
part of the new building, mitigation (i.e., affordable housing, parking, etc.) for the
demolished net leasable area was not required. Mitigation, however, was proposed
and approved for the additional eight hundred and ten (810) square feet of net
leasable area which was the subject of the GMQS application.
The ability to avoid mitigation of the demolished net leasable area was based on the
retention of a portion of the existing building. As the enclosed letter to Leslie
Lamont indicates, precedence for this concept was first established with the redevel-
opment of the Gap building on Galena Street. The concept was also utilized in
connection with the Galena Plaza commercial GMQS application, a second project
for which I obtained approval in 1994.
230 East HOOK,,'::; ,'::',venU8 ..s,spen. ;':clor300 316~ ~ .970/925-0953. Fs.x 370,'920-9310
Mr. Dave Michaelson
August 21, 1996
Page 2
At this point, it is unlikely that the Cap's project will proceed as originally proposed.
The building was specifically designed to accommodate a new bank which did not
materialize. While it is possible that someone may wish to amend the prior approval
to accommodate some other permitted use within the 0, Office, zone district, I
believe that it is more likely that the original applicant will simply renovate the
existing Cap's building.
Given the possibility of this scenario, I would like to confirm that the applicant may
demolish the existing building and reconstruct the previously approved four thousand
four hundred and twenty (4,420) square feet of net leasable area without mitigation,
provided that a portion of the existing building is retained and incorporated in the
new structure. I would appreciate it if you would provide me with a letter as to the
Planning Office's position with regard to this matter.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
,
(/.,/
.
,
Sunny Vann, AICP
I
SV: /
Enc~re
cc: D. Stone Davis
C:\bU5\city.ltr~tr32096.dm 1
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CAP'S AUTO SUPPLY
COMMERCIAL GMQS APPLICATION
"
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SEPTEMBER 15. 1993
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A COMMERCIAL
GROWTH MANAGEMENT QUOTA SYSTEM APPLICATION
FOR THE
CAP'S AUTO SUPPLY PROPERTY
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Submitted by
Aspen Valley Bancshares, Inc.
% Oates Hughes & Knezevich, PC
533 East Hopkins Avenue
Aspen, CO 81611
(303) 920-1700
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Prepared by
VANN ASSOCIATES
Planning Consultants
230 East Hopkins Avenue
Aspen, CO 81611
(303) 925-6958
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PROJECT CONSULTANTS
.-,.
PLANNER
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Sunny Vann, AICP
Vann Associates
230 East Hopkins Avenue
Aspen, CO 81611
(303) 925-6958
...
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ARCHITECT
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Kim Weil
William Poss and Associates
605 East Main Street
Aspen, CO 81611
(303) 925-4755
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ATTORNEY
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Lenoard W. Oates, Esq.
Oates Hughes & Knezevich, PC
533 East Hopkins Avenue
Aspen, CO 81611
(303) 920-1700
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CIVIL ENGINEER
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Jay W. Hammond, P.E.
Schmueser Gordon Meyer, Inc.
1001 Grand Avenue
Glenwood Springs, CO 81601
(303) 945-1004
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SURVEYOR
'..
Kenneth R. Wilson, LS
Schmueser Gordon Meyer, Inc.
1001 Grand Avenue
Glenwood Springs, CO 81601
(303) 945-1004
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TABLE OF CONTENTS
]I....
"', Section P::ga
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I, INTRODUCTION 1
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... II. PROJECT SITE 2
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... III. PROPOSED DEVELOPMENT 4
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A. Water System 16
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- B. Sewage System 16
C. Drainage System 16
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D. Fire Protection 17
- E. Development Data 17
F. Traffic and Parking 19
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G. Affordable Housing 20
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- H. Stoves and Fireplaces 21
I. Location 21
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J. Impact on Adjacent Uses 22
- K. Construction Schedule 22
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IV. GROWTH MANAGEMENT REVIEW CRITERIA 22
.,
"" A. Quality of Design 23
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1. Architectural Design 23
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'. 2. Site Design 24
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Section
TABLE OF CONTENTS
Page
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3.
Energy Conservation
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4.
Amenities
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5.
Visual Impact
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6.
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Trash and Utility Access Areas
B.
Availability of Public Facilities
and Services
28
1. Water Supply/Fire Protection
2. Sanitary Sewer
3. Public Transportation/Roads
4. Storm Drainage
5. Parking
28
29
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30
30
C.
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Provision of Affordable Housing
D.
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Bonus Points
ADDITIONAL REVIEW REQUIREMENTS
33
A.
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Special Review
1.
Off-Street Parking Reduction
33
2.
Affordable Housing Parking
35
B.
Vested Property Rights
35
iii
TABLE OF CONTENTS
Section
Page
.- APPENDIX
"'''''l Exhibit 1. Pre-Application Conference
A.
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Exhibit 2, Title Commitment
- Exhibit 3, Permission to Apply
Exhibit 4, Permission to Represent
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Exhibit 5, Adjacent Property Owners
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- Exhibit 6, Application Fee Agreement
.- 8. Exhibit 1, City Council Ordinance
.- No. 89-20
- Exhibit 2, City Council Ordinance
- No. 89-40
... Exhibit 3, Access Easement Grant
- and Agreement
- Exhibit 4, Letter from Schmueser
... Gordon Meyer, Inc.
C. Exhibit 1, Letter to Leslie Lamont
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IV
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LIST OF ILLUSTRATIONS
TIDe
Page
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Cap's Auto Land Exchange Subdivision Plat
Cap's Auto Main Level Existing Floor Plan
Cap's Auto Upper Level Existing Floor Plan
Aspen Valley Bank Site Plan
Aspen Valley Bank Upper Level
Aspen Valley Bank Lower Level
Aspen Valley Bank Basement Level
Aspen Valley Bank West Elevation
Aspen Valley Bank North Elevation
Aspen Valley Bank East Elevation
Aspen Valley Bank South Elevation
3
5
6
8
9
10
11
12
13
14
15
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I. INTRqOUCTION
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The following application requests a commercial growth management quota
system (GMQS) allocation for eight hundred and ten a\llO).hffeef of net
leasable area ,for the Cap's Auto Supply building, which is located at 210 North Mill
Street in the City of Aspen, Colorado. In addition, the application requests special
review approval to reduce the amount of the project's required 0 IlIFf' ~\iplbiiDg.
Vested property rights status is requested for all approvals granted pursuant to this
application (see Pre-Application Conference Summary, Exhibit 1, Appendix A).
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The application is submitted pursuant to Sections 8-106.F., 7-404.B. and 6-207
ofthe Aspen Land Use Regulations by Aspen Valley Bancshares, Inc. (d/b/a, Aspen
Valley Bank, N.A.), the prospective purchaser of the property (see Title Commit-
ment, Exhibit 2, Appendix A). The owner of the property is Draco, Inc., a Colorado
corporation. Permission for the Applicant to submit the application on behalf of the
property owner is attached as Exhibit 3, Appendix A. Permission for Vann
Associates, Planning Consultants, to represent the Applicant is attached as Exhibit
4, Appendix A. An executed application fee agreement, and a list of property
owners located within three hundred (300) feet of the project site, is attached as
Exhibits 5 and 6, Appendix A, respectively.
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The application is divided into four (4) parts. The first part, or Section II. of
the application, provides a brief description of the project site, while Section III.
describes the Applicant's proposed development. The third part, or Section IV.,
addresses the proposed development's compliance with the growth management
review criteria of the Aspen Land Use Regulations. Section V. discusses the special
review approvals which are also required to develop the project. For the reviewer's
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convenience, all pertinent supporting documents relating to the project are provided
in the various appendices to the application.
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While the Applicant has attempted to address all relevant provisions of the
Regulations, and to provide sufficient information to enable a thorough evaluation
of the application, questions may arise which require further information and/or
clarification. The Applicant would be pleased to provide such additional information
as may be required in the course of the application's review.
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II.
PROJECT SITE
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The Cap's Auto property is located on the east side of Mill Street between
the Pitkin County Library and the City's Rio Grande property. As the Land
Exchange Subdivision Plat on the following page illustrates, the property is described
as a metes and bounds parcel. The parcel was created pursuant to City Council
Ordinance No. 89-20 (see Exhibit 1, Appendix B), which approved a land exchange
between Draco, Inc., the owner of the project site, and the City, the owner of the
adjacent Rio Grande property. The resulting IIUJlel contains 0.19'acres, ..
approximately eight thousand two hundred and eighty (8,280) square feet of land
area. The property is essentially flat, and is devoid of natural vegetation.
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The original Cap's Auto property was zoned 0, Office. The additional land
which was conveyed to Draco in connection with the land exchange was rezoned
from Public, mandatory Specially Planned Area (SPA), to 0, Office (see City
Council Ordinance No. 89-40, Exhibit 2, Appendix B). The parcels which the City
received from the Applicant were rezoned to Public, mandatory SPA. City Council
Ordinance No. 89-20 also authorized the City to enter into an Access Easement
Grant and Agreement (see Exhibit 3, Appendix B), which conveyed to Draco a
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perpetual, non-exclusive access easement over and across a portion of the adjacent
Rio Grande property. As the Land Exchange Subdivision Plat illustrates, the
easement provides access from both Mill Street and Spring Street to the Cap's Auto
property.
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Man-made improvements to the project site include an approximately four
thousand eight hundred and ninety (4,~90) square foot commercial building and a
paved parking area. As the floor plans on the following page illustrates, the existing
building contains four thousand four hundred and twenty (4,420) square feet of net
leasable area. Eight (8) parking spaces are presently provided on-site. Cap's Auto
Supply is a non-conforming use in the 0, Office, zone district. The building is also
non-conforming with respect to its front yard and south side yard setbacks, and with
respect to the underlying zone district's off-street parking requirement.
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As discussed in the attached letter from Schmueser Gordon Meyer, Inc.,
Consulting Engineers (see Exhibit 4, Appendix B), the project site is presently served
by all utilities. A six (6) inch municipal water main and a twelve (12) inch Aspen
Consolidated Sanitation District (ACSD) sanitary sewer is located in the Mill Street
right-of-way. The area's existing electric, telephone and cable TV service has been
relocated underground, and is also available in the Mill Street and Spring Street
right-of-ways. Fire hydrant # _ is conveniently located on the west side of the Mill
Street and Spring Street intersection. A second hydrant is located on the north side
of Spring Street across from the Rio Grande parking garage.
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III.
PROPOSED DEVELOPMENT
...
The Applicant proposes to expand and extensively remodel the existing Cap's
Auto building. As presently envisioned, the Aspen Valley Bank, will occupy the
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building's upper floor. The formation of the new bank was recently announced, and
the bank is presently awaiting its federal charter. 1'!l~ lower floor will be leased for
office uses, while the basement will be used to store the bank's loan documents,
bookkeeping records and supplies, and for tenant storage. Bathrooms for the bank's
employees and a mechanical area will also be located in the basement. Architectural
plans and elevations for the project are depicted on the following pages.
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The building will contain two (2) affordable housing units, which will be deed
restricted to the AspentPitkin Housing Authority's (APCHA) Category 2, low income
guidelines. As the project's site plan illustrates, the Applicant proposes to
reconfigure the public parking area which is located immediately in front of the site.
The reconfiguration, which will be undertaken at the Applicant's expense, will
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inlprove vehicular circulation in the immediate site area, and increase available
public parking by three (3) spaces.
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It should be noted that a bank is neither a permitted or conditional use in the J v..-j
0, Office, zone district. Business and professional offices, however, are permitted Ofv1
by right. A 1975 interpretation by the Aspen Planning and Zoning Commission
determined that financial institutions fall within the definition of business and
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professional offices. This interpretation was relied upon to permit the construction
of the old Aspen Savings and Loan building in the NC, Neighborhood Commercial,
zone district, in which business and professional offices are allowed as a conditional
use. The interpretation was affirmed in connection with the City Council's approval
of an application to condominiumize the Aspen Savings and Loan building, and was
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recently affirmed by the Planning Office staff in regard to the Applicant's proposed
development (see letter to Leslie Lamont, Exhibit I, Appendix C). A more detailed
description of the Applicant's proposed development is provided below.
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A. Water System
~
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Water service to the proposed development will be provided via the
existing six (6) inch main located in Mill Street. The Aspen Water Department has
indicated that the municipal water system has sufficient capacity to serve the
development (see letter from Schmueser Gordon Meyer, Inc., Exhibit 4, Appendix
B). No improvements to the existing water main or treatment plant will be required
as a result of the Applicant's proposed development. The adequacy of the building's
existing service line, however, will be reviewed with the Water Department prior to
the issuance of a building permit for the project. The service line will be replaced
in the event required.
-
"-
-
-
-
-
~
B. Sewage System
The proposed development will be served by the existing twelve (12)
inch sanitary sewer located in Mill Street. According to the Aspen Consolidated
Sanitation District, anticipated flows can be accommodated with no improvements
to existing sewer lines or to the treatment plant (see letter from Schmueser Gordon
Meyer, Inc., Exhibit 4, Appendix B). The adequacy of the building's existing service
line will be reviewed with the District's engineer prior to the issuance of a building
permit for the project. The line will be replaced in the event required.
-
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-
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c.
Drainage
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No increase in the project site's impervious surfaces will occur as a
result of the proposed development, as the expansion will occur within the paved
parking area and above the existing building. Existing drainage patterns will be
unaffected by the project, and no adverse impact is anticipated with respect to the
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City's existing drainage facilities (see letter from Schmueser Gordon Meyer, Inc.,
Exhibit 4, Appendix B). Historic flow rates with respect to surface water runoff and
groundwater recharge will be maintained. A detailed drainage plan for the project
will be submitted to the City's Engineering Department for review and approval prior
to the issuance of a building permit for the project.
...
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D.
Fire Protection
...
Fire protection will be provided by the Aspen Volunteer Fire
Department. The project site is located approximately two and one-half (2-1/2)
blocks from the fire station, resulting in a response time of approximately three (3)
to five (5) minutes. The proposed development will be sprinklered, which will
enhance fire protection.
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E.
Development Data
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As Table 1 indicates, the proposed expansion will increase the floor
area of the existing building by approximately one thousand and forty (1,040) square
feet. The corresponding increase in the building's net leasable square footage will
be approximately eight hundred and ten (810) square feet. The size of the expanded
structure, however, will be significantly below the maximum allowable external floor
area limitation of the underlying 0, Office, zone district.
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Table 1
DEVELOPMENT DATA
...
1.
Existing Zoning
0, Office
.~
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2.
Total Site Area
...
Acres
Square Feet!
0.19
8,280
...
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3. Existing Floor Area (Sq. Ft.) 4,890
..
.. Main Level 3,060
... Upper Level 1,830
.. 4. Existing Net Leasable Area (Sq. Ft.)2 4,420
..
Main Level 2,730
... Upper Level 1,690
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5. Maximum Allowable External Floor Area 6,210
.. @ 0.75:1 (Sq. Ft.)3
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6. Proposed External Floor Area 5,930
... @ 0.72:1 (Sq. Ft.)
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Basement' None
"- Garden Level' 1,790
... Upper Level 4,140
- 7. Proposed Net Leasable Area (Sq. Ft.) 5,230
...
Basement None
..
Garden Level 1,770
.. Upper Level 3,460
- 8.
Minimum Required Open Space None
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... 9. Maximum Allowable Height (Ft.)s 25
- 10. Proposed Maximum Building Height (Ft.) 30
..
11. Minimum Required Parking Spaces
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... Commercial @ 3 Spaces/l,OOO Sq. Ft. 3
Net Leasable6
... Residential @ 1 SpaceIBedroom7 None
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12. Proposed Parking 9
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All numbers have been rounded to the nearest ten (10) square feet.
..
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.. 18
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2
Excludes bathrooms, stairways, circulation corridors, mechanical areas, and
tenant storage areas.
Jlf-!
) {;D.
\ tonIC)
3
May be increased to 1:1 by Special Review, provided that sixty (60) percent
of the additional floor area is approved for deed restricted affordable housing.
4
Portions of the lower levels which are located one hundred (100) percent
below natural grade have been excluded from the calculation of floor area.
s
The ridge of a gable, hip or similarly pitched roof may extend five (5) feet
above the maximum allowable height.
6
May be reduced to 1.5 spaces per one thousand (1,000) square feet of net
leasable area via Special Review subject to a payment-in-lieu.
7
Off-street parking requirements for affordable housing units are established
by Special Review pursuant to Section 5-301.B.
F.
Traffic and Parking
The proposed development should have no adverse impact upon the
existing street system. Assuming a trip generation factor of eight (8) vehicles per day
per one thousand (1,000) square feet of net leasable area, the proposed addition will
theoretically generate approximately six (6) additional vehicles per day. The
proposed affordable housing units will generate an additional three (3) vehicles per
day. As discussed in the attached letter from Schmueser Gordon Meyer, Inc. (see
Exhibit 4, Appendix B), these additional vehicles represent a minimal percentage
increase in the traffic volumes on adjacent streets, all of which are currently
functioning below allowable capacity.
It should also be noted that the project site is conveniently located
adjacent to the City's municipal parking garage, and within walking distance of the
commercial core. The parking garage provides several hundred parking spaces which
are available to the general public. Approximately thirty (30) additional public
19
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parking spaces are located in the surface lots located between the project site, the
parking garage and the Spring Street right-of-way. The Galena Street shuttle van
provide frequent service between the Clark's Market parking lot and the Rubey Park
transit center. In addition, all of the Roaring Fork Transit Agency's (RFfA) local
bus routes pass through the Mill Street and Main Street intersection. As a result,
it is reasonable to assume that much of the increase in business traffic will likely be
pedestrian or transit oriented.
..
,.
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...
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With respect to parking, the requirement for commercial uses in the
0, Office, zone district is ~~cMpet one thousand (OXlO) square feefof
f!t.:leasable area. This figure, however, may be reduced to one and one-half (1-112)
~fes per one thousand (1,000) square feet via a payment-iJi~lieu. As only eight (8)
parking spaces are presently provided on the project site, the existing building is non-
conforming with respect to the parking requirement of the underlying zone district.
As only one (1) additional parking space can realistically be provided on-site, the
..,!jeant will satisfy the proposed development's parking requirement via a
plYment-in-lieu as provided for in Section 7-404.B. of the RegulatioJSs. A detailed
discussion of the project's off-street parking requirement is provided in Section
V.A.I. of this application.
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,~
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G.
Affordable Housing
..
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As Table 1 illustrates, the proposed expansion and remodel will
increase the existing building's net leasable square footage by eight hundred and ten
(810) square feet. Based on the O,Office zone district's employee generation factor
of three (3) employees per one thousand (1,000) square feet of additional net
leasable square footage, the proposed development will theoretically generate
..
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approximately two and one-half (2-112) new full time equivalent employees calculated
as follows.
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810 Sq. Ft. Net Leasable/l,OOO Sq. Ft. = 0.81
0.81 x 3 Employees/l,OOO Sq. Ft. = 2.43 Employees
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The Applicant proposes to satisfy the affordable housing requirement
of Section 8-106.F.(3) of the Regulations via the provision of on-site dwelling units
as provided for in Section 8-109.1.1. More specifically, the building will include a
studio and a one (1) bedroom unit, both of which will be deed restricted to
APCHA's Category 2, low income guidelines in effect at the time of the issuance of
a building permit for the project. The two units will contain a minimum of four
hundred (400) and six hundred (600) square feet of net livable area, respectively.
As the proposed affordable housing units will accommodate a total of three (3)
employees, more than one hundred (100) percent of the employees theoretically
generated by the project will be housed.
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H.
Stoves and Fireplaces
4'"
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No wood burning fireplaces or stoves are included in the proposed
development.
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I. Location
..
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The project site is located near the northern edge of the City's
downtown commercial area, and adjacent to the municipal parking garage and the
Pitkin County Library. The Aspen Mountain Ski Area is located approximately six
(6) blocks southeast of the property, while Paepcke Park is located approximately
two (2) blocks to the west. The Rio Grande recreation area is located immediately
..
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north of the property. Rubey Park, the hub of the City's mass transportation system,
is located approximately four (4) blocks to the south. Main Street and Highway 82
provide convenient access to the community's schools, Aspen Valley Hospital and the
Pitkin County Airport. As commercial development is generally considered to occur
in response to growth in the residential population, no significant impact upon the
above facilities is anticipated as a result of the proposed development.
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""
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.
J.
Impact on Adjacent Uses
-
.
As noted previously, the project site is zoned 0, Office, as is the area
located directly across Mill Street. The areas located immediately north, south and
east of the property are zoned Public. The area located southwest of the property
is zoned CC, Commercial Core. Existing land uses in the immediate site area
include retail commercial, business and professional offices, the municipal parking
garage, the Pitkin County Library, and the Rio Grand recreational area. The
proposed development is consistent with the intent and purpose of the 0, Office,
zone district and is compatible with surrounding land uses. As a result, the
functional character of this mixed commercial/office/public area of the City will be
unaffected by the Applicant's proposal.
,-
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.
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K.
Construction Schedule
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As presently envisioned, construction is expected to commence in the
spring of 1994, and will require approximately one (1) year to complete.
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IV.
GROWTH MANAGEMENT REVIEW CRITERIA
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The following section addresses the proposed development's compliance with
the City's commercial GMQS evaluation criteria. We believe that the proposed
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development meets or exceeds the minimum applicable standard in each review
category. Based on our understanding of the various criteria, and the project's
compliance therewith, we have requested what we believe to be an appropriate score
in each review category. Please reference as necessary the appropriate headings in
Section III. of this application for detailed information supporting the Applicant's
representations and commitments.
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A,
Quality of Design
..
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"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.
-
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o - A totally deficient design
..
1 - A major design flaw
-
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2 - An acceptable (but standard) design
...
3 - An excellent design
..
The following features shall be rated accordingly."
..
-
1. Architectural Design
..
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"Considering the compatibility of the proposed development (in tenns
of scale, siting, massing, height and building materials) with existing neighboring
developments,"
-
-
'.
The architectural design of the proposed development responds to the
historic nature of the Cap's Auto parcel, which is located adjacent to the southwest
comer of the City's Rio Grande property. Both the massing of the structure and the
proposed building materials will ensure that the project is compatible with the
neighborhood. The ~u~~ing's simple gabled roof with two cross gables is reminiscent
of tul1lof th~_century _train sta!ions, and re_presents an ob_vious tie to the historic
...
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railroad use of the Rio Grande property. In addition, the s.abled roof design was
.--- - --,._----- "------
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..
chosen so that users of the adjacent libral:Y wou l<I not lnnlr -down on a flat roof.
4
The principal building materials will be brick and cut stone, with
.~
...
exposed structural stee~~le~ents. Steel window frames and a metal roof will also
be used. These materials further strengthen the building's ties to the historic use of
the of the property, and impart an industrial character to the project not unlike that
of the relatively new parking garage which is located immediately east of the
property. Based on the above, we believe that the proposed development's
architecture represents an excellent design which merits the maximum score available
-
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~
in this category.
~, S
d.
-
Requested Score:
3 Points
...
-
2.
Site Design
-
'.
"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 circula-
tion, including acces~ fo,!' service.>, increased safety arill priVaCy and proViSfon cir5now
storage areasT--
...
..
-
-
.~
The proposed development's site design is intended to encourage
pedestrian access. By locating the building along the southern boundary of the
property, its mass effectively dissipates in relation to the considerably larger Pitkin
County Library building. Similarly, the placement of the project's parking on the
north side of the property is consistent with the existing public parking areas located
adjacent to Spring Street. The building fronts on Mill Street, which enhances both
pedestrian access and the Mill Street streetscape. Access to the proposed affordable
housing units will be provided from a courtyard at the east end of the building. The
...
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24
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location of the units away from the Mill Street right-of-way will significantly increase
privacy and reduce noise impacts.
t"
of
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1~
O.
Although no on-site openspl!c,:~j~Il!QP<:)sed, the adjacent undeveloped
Rio Grand property imparts a unique openness and spaciousness_ to the project
which is unlike any other downtown commercial development. Views to the north
from the building's extensive windows will be unobstructed. The project's residential
and office courtyards, and the Mill Street entry area, will be landscaped with
appropriate shrubs and seasonal flowering plants. All utilities will be located
underground, and all areas of the project are readily accessible from the surrounding
street system.
As noted previously, the Applicant proposes to realign the public
surface parking area located immediately north of the property. As the Site Plan
illustrates, the proposed realignment will improve vehicular access to the project,. and
increase the amount of off-site public parking by three (3) spaces. All costs
associated with the realignment will be borne by the Applicant, and the existing
Access Easement Grant and Agreement will be modified as may be required. Given
the quality of the project's site design, we believe that a maximum score is also
merited in this category.
Requested Score:
3 Points
3.
Energy Conservation
"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 woodburnlng
25
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devices; and the proposed development's location, relative to whether solar pin can
be expected to reasonably result In energy conservation."
-
",..
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The proposed development will comply with the minimum require-
ments of the Model Energy Code in effect at the time of the issuance of a building
permit. As such compliance cannot be determined until detailed design of the
building is undertaken, an energy analysis demonstrating compliance with applicable
Code requirements will be prepared and submitted in connection with the project's
building permit application. No wood burning devices are proposed. As the
Applicant's energy commitment is acceptable and meets the requirements of the
Regulations, a standard score in this category is warranted.
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Requested Score:
2 Points
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4.
Amenities
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"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." J>>.1 of\ - j)
/ L J vcv.0l\J '
Outdoor seating will be provided in bo the residential and office
courtyards. Bike racks will be installed in the resid tial courtyard and adjacent to
the building's Mill Street entry. The proposed cou ards will provide relief for the
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project's visitors, tenants and residents from the vehicular noise and congestion of
-
Mill Street. As discussed previously, these areas will be extensively landscaped. All
of these features constitute valuable amenities which merit the maximum available
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score in this category.
...
Requested Score:
3 Points
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26
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5. VIsual Impact
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"Considering the scale and location of the buildings In the proposed
development to prevent Infringement on designated scenic viewplanes."
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There are no designated scenic viewplanes which are impacted by the
proposed development. The Applicant's limitation of the project's height to one and
one-half (1-1/2) stories above grade, however, will significantly reduce the building's
impact on existing views of Red Mountain from the adjacent library. As discussed
previously, the scale of the project is consistent with the surrounding neighborhood.
In addition, the proposed development will visually complete and enhance the
appearance of the Mill Street streetscape. Given the proposed development's lack
of adverse visual impact, and its positive contribution to the immediate site area, a
maximum score is merited in this category. J (,1 ',) Go\plN'- If (1)!\e;;J
~ I elA.-Q/
Requested Score: 3 Points
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6.
Trash and Utility Access Areas
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"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."
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.
As the property does not abut a public alley, trash and utility access
will be provided from the public driveway which serves the Aspen Chamber Resort
Association located in the Rio Grande parking garage, and the surface parking lots
located adjacent to Spring Street. As the Lower Level Floor Plan illustrates, a trash
area has been provided on the north side of the building and adjacent to the
driveway. The trash area will be screened from view, and is accessible from the
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27
I .of ufs - Cf12
trMt1 w C/J.f. d (\ t;U
- J (;J /)A.CJ {or
/;Jtfl V /. " rroD,1/\.
I "'iJ~1
}yJ;i{)VM t V
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w.
n
1kW ot D~I 05 I
- IS, ; I Lfe6 0
driveway via an existing curb cut. Il!.,tlte e~!e~irecl,~tJ'~~fOl1l1.ers and/or utility
p~de~~~_be~~o.cated within the easJ::~ard. Given the limitations imposed
by the absence of an alley, we believe that the project's trash and utility area
represents an acceptable design.
'!'JiIr
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Requested Score:
2 Points
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B. Availability of Public Facilities and Services
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"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.
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o _ Proposed development requires the provision of new public
facilities and services at increased public expense.
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w
1 - Proposed development may be handles 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.
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2 - Proposed development Improves the availability of public facilities
and services in the area,"
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1. Water Supply/Fire Protection
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.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 fiows; and the commitment of the applicant to provide any fire protection
facilities which may be necessary to serve the proposed development..
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The proposed development may be handled by the existing level of
service in the area. The Aspen Water Department has indicated that the existing six
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(6) inch main located in Mill Street is adequate to serve the proposed development,
and that system upgrades will not be required.
.~
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Requested Score:
1 Point
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2.
Sanitary Sewer
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"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."
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The proposed development may be handled by the existing level of
service in the area. The Aspen Consolidated Sanitation District has indicated that
the existing ten (10) inch line located in Mill Street is adequate to serve the project,
and that system upgrades will not be required.
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Requested Score:
1 Point
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3.
Public Transportation/Roads
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"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
considering the applicant's commitment to install the necessary road system Im-
provements to serve the Increased usage attributable to the proposed development."
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The proposed development may be handled by the existing level of
service in the area. As discussed in Section III.F. of this application, the surrounding
street system has sufficient capacity to accommodate the proposed development. No
improvements to the existing street system are either required or proposed. Rubey
Park, the hub of the City's mass transportation system is located approximately four
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(4) blocks south of the property. All of the City's existing public transit routes
presently pass through the Mill Street and Main Street intersection, which is located
less than one (1) block south of the site.
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Requested Score:
1 Point
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)',,'} i
f' ).
\..JJ 1
I p;JI'J
"Considering the degree to which the applicant proposes to maintain If)'. I : ,
historic drainage patterns on the development site. If the development requires use ) (0"
of the City's drainage system, the review shall consider the commitment by the ' ,)
applicant to Install the necessary drainage control facilities and to maintain the !: 1('
system over the long-term."
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4.
Storm Drainage
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The proposed development may be handled by the existing level of
service in the area. The project site's historic flow rates with respect to surface water
it-A
r !U\,k~. 1
) I"
" ','
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a J'}' .
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runoff and groundwater recharge will be maintained, thereby complying with the ~
evil",
storm drainage design requirements of the subdivision regulations and the City's
Engineering Department. No improvements to the City's stormwater drainage
system are either required or proposed.
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Requested Score:
1 Point
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5.. Parking
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"Considering the provision of parking spaces to meet the commercial
and/or residential needs of the proposed development as required by ArtIcle 5,
Division 2, and considering the design of the parking spaces with respect to their
visual Impact, amount of paved surface and convenience and safety."
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The proposed development improves the availability of public facilities
in the area. The project site is located adjacent to the Rio Grande parking garage,
and additional off-street parking is available in the neighboring surface lots. The
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Applicant, however, has committed to realign the adjacent public lot, which will
increase available parking by thr:e-<3)~pace~. The property's existing eight (8) on-
~-----~----~-_.--- .------------------. .----
site spaces will retained, and one (1) additional space will be provided.
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To mitigate the proposed reduction in the project off-street parking
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requirement, the Applicant will make a payment-in-lieu of parking as provided for
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in Section 7-404.B. of the Regulations. As all monies obtained via this provision are
to be used for the construction of parking structures and facilities located within or
adjacent to the commercial core, and a new such facility was recently completed
adjacent to the project site, the Applicant's payment-in-lieu effectively mitigates the
proposed development's off-street parking requirement. It should also be noted that
a second municipal parking garage is presently being planned for the area located
adjacent to Cooper Avenue between Spring and Original Streets. The Applicant's
payment-in-lieu could also be used for this project, or to help retire the debt
associated with the existing Rio Grande parking garage.
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Requested Score:
2 Points
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C, Provision of Affordable Housing
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"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 Sec. 8-109.
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Points shall be assigned as follows:
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I)
Zero (0%) to Sixty (60%) percent of the additional employees
generated by the proposed development: One (1) point for each six
(6%) percent housed;
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Ii)
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."
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As discussed in Section I1I.G. of this application, the Applicant
proposes to construct a studio and a one (1) bedroom affordable housing unit on-
site, and to deed restrict the units to APCHA's Category 2, low income guidelines,
as provided for in Section 8-109.I.l. of the Regulations. The units will house three
(3) employees, or one hundred and twenty (120) percent of the approximately one
and one-half (1-112) additional employees theoretically generated by the project.
Based on the Applicant's commitment, and the provisions of Section 8-106.F.(5)(c)
of the Regulations, the project is entitled to fifteen (15) points, calculated as follows.
"".0
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60 Percent of Employees Generated Housed + 6 Percent = 10 Points
40 Percent of Employees Generated Housed + 8 Percent = 5 Points
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It should be noted that no additional points are available in this
category for Applicants who commit to house more than one hundred (100) percent
of the employed generated by their proposed development. Additional points,
however, may be awarded as provided for in Section IV.D. below. caicu {ttL
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Requested Score:
15 Points
D. Bonus Points
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"Bonus points may be assigned when it Is determined that a
proposed development has not only met the substantive standards of Sections
8-106 (F) (1) through (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 Sec. 8-106 (f) (1) through (3), Any Commission member
awarding bonus points shall provide a written justification of that award for the
public hearing record."
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We believe that the proposed development has exceeded the minimum
review criteria of the City's commercial growth management regulations in several
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categories and, as a result, has achieved an outstanding overall design meriting the
award of additional bonus points. Specific areas in which we believe the project
excels include architectural design, site design and visual impact. In addition, the
Applicant has committed to house more than one hundred (100) percent of the
employees generated by the proposed development. Detailed discussions of the
project's merits in each of these areas are provided under the appropriate headings
in Section IV. of this application.
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V. ADDITIONAL REVIEW REQUIREMENTS
~
In addition to a commercial growth management quota system allocation,
special review approval is required in connection with the proposed development's
off-street parking requirement. Vested property rights status is also requested for
the approvals granted pursuant to this application.
A. Special Review
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The proposed development requires special review approval to reduce
the off-street parking requirement for the project's new net leasable area, and to
establish the parking requirement for the project's proposed affordable housing units.
Each of these review requirements is discussed in detail below.
1. Off-Street Parking Reduction
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The minimum off-street parking requirement in the 0, Office, zone
district is three (3) parking spaces per one thousand (1,000) square feet of net
leasable area. This requirement, however may be reduced to one and one-half (1-
1/2) spaces per one thousand (1,000) square feet via special review by the Planning
and Zoning Commission. No fewer than one and one-half (1-1/2) spaces must be
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provided on-site, and a payment-in-lieu is required for the reduction. The relevant
review criteria which the P&Z must consider are contained in Section 7-404.B.l. of
the Regulations, and include whether there exist practical limitations to the provision
of on-site parking, and whether the Applicant's parking requirement may be met by
an off-site parking facility.
,
As discussed previously, the proposed development consists of an
expansion and remodel of an existing commercial building. Approximately eight
hundred and ten (810) square feet of additional net leasable area is proposed. The
project's off-street parking requirement, therefore, would be two (2) spaces
calculated as follows.
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810 Sq. Ft. Net Leasable/l,OOO Sq. Ft. = 0.81
0.81 x 3.0 Spaces/l,OOO Sq. Ft. Net Leasable = 2.43 Spaces
As fractional parking spaces less than one-half (1/2) are rounded down, two (2)
additional spaces are required, of which one (1) space must be provided on-site. The
remaining space may be mitigated via a payment-in-lieu.
.
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Given the physical impossibility of providing the additional required
space on-site, the proximity of the City's parking garage, and the area's available
surface parking, we believe that special review approval to reduce the project's
parking requirement is appropriate. In addition, the Applicant's commitment to
realign the existing public parking area located immediately in front of the property
will increase available parking by three (3) new spaces. Pursuant to Section 7-
404.B.1., the Applicant will make a one-time only payment-in-lieu of parking to the
City of fifteen thousand dollars ($15,000.00) for the required parking space. The
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payment will be made upon the receipt of a growth management allocation, and
prior to issuance of a building permit for the project.
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2. Affordable Housing Parking
Pursuant to Section 5-301.B. of the Regulations, the parking
requirement for the proposed development's affordable housing units is also
established by special review. As discussed previously, a studio and a one (1)
bedroom unit will be provided. While these units would theoretically generate a
need for two (2) off-street spaces, no practical ability exists to provide additional
parking on the project site. Given the proximity of the site to the parking garage,
the downtown area, and existing bus routes, the Applicant requests that the
affordable housing units' parking requirement be waived. The requested waiver, is
also supported, we believe, by the Applicant's commitment to mitigate more than
one hundred (100) percent of the project's affordable housing requirement on-site,
and to increase off-street parking in the adjacent public parking lot. Should the P&Z
decline to waive the required spaces, the Applicant will make an appropriate
payment-in-lieu as provided for in Section 7-404.B.
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B. Vested Property Rights
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In order to preserve the land use approvals which may be obtained as
a result of this application, the Applicants hereby request vested property rights
status pursuant to the provisions of Section 6-207 of the Regulations. It is
understood by the Applicants that final approval of the proposed development must
be granted by ordinance of the City Council to establish such status. It is also the
Applicants' understanding that no specific submission requirements, or review criteria
other than a public hearing, are required to confer such status.
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APPENDIX A
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CITY OF ASPEN
PRE-APPLIEION CONFERENCE SUMMARY
PROJECT:l (:Q-f~ Q rYI -I\)~ Kr-Y1(!'S/1{j)00~ CC)()
APPLJ:CANT'S REPRESENTATIVE: ~l)lV\ Y\~) Qlt\. Y\
REPRESENTATZVE'S PHONE: "S - C...0 9 5 ..
OWNER'S NAME: j) ~~f_~ --l n P
~./
EXHIBIT 1
c.QC P .
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SUMMARY ,
1. Type of Application: Co \'V\ P' j),n r-J; ~ P 1\ X i Ie A..t:w ,jJ.G
I
2 . .~ Describe action/type of developJll.8J1t being requested:
",-A.X\ ,h-Alv\ 1\0 \\1 -9- ) VA) I1jr.J~ (j Y\lC) S
~Lj" Q ,e.). ); ? Jo",.;,) JJ..n ~""C'~ n'1---f. ~ J4I P +< 11.., / I . .
lJ.\Z, . [.I ", c I -1-1 f) I c ~ . ,,\P-
~~ s ~~PP'W~ been reques~~d to r~pond,
types of reports requested:
Policy Area/
Referra1 Aaent
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Comments
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-.QN\c: \ \~~ )r
o -
~C:An,i " '1
\:t;('~n
,
\ ,\, [\-4(( r
+=" ('jJ -
~
4. Review is: (P&Z only) (CC only) .:::<p&z then to CCU
5. Pub1ic Hearing: ~ (NO)
6. Number of copies of the application to be submitted: c"g I
7. What fee was applicant requested to submit: ,~g:~ij-1-li.../[)-t.:n'-i .=
c. . 1 ~ ". ..
8. Anticipated date of 5Ubmission:~. J.......") " ~"4-L-;1 ~
9. ..+Cq~NTS/~~QUE CONCERNS: 'i1\\)~ ~.uw\f"'ndinj-( y<, *.,;~ }
\"-..\..... , Lie I.J.ol €Li::i L--
frm.pre_app
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,
Commitment for Title Insurance
EXHIBIT 2
Issued By
#
New York TRW
Title Insurance Inc.
New York TRW Title Insurance Inc., a New York Corporation, herein called the company, for a valuable con-
sideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mongagee of the estate or interest covered hereby in
the land described or referred to in Schedule A, upon payment of the premiums and charges therefor: all subject
to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies
is not the fault of the Company.
IN WITNESS WHEREOF, New York TRW Title Insurance Inc. has caused this Commitment to be signed as
of the effective date of Commitment shown in Schedule A, the Commitment to become valid when counterSigned
by an authorized signatory.
Allest:
New York TRW
Title Insurance Inc.
L~~
PRESIDENT
ATTEST
~A(af~
SECRETARY
I /1., . -.1. A/l _'_
countersign1' l ~,,-,;,, .:' ~ i l_ 1,' ;. 'I ~.,- .
. '1 ,.' .' , . (,. \ ,., t ,".. '.' ~
By Ir,\i. .r"". /i\!' ~
Authorized Officer or ,lge,J i
[>(,./
PItkin County Title, Inc.
601 E, Hopkins (303) 925-1766
Aspen. Colorado 81611
ALTA Commitment Form
NM6110/851
1220
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
~
1, Effective Date: 08/24/93
at
08:30 A.M.
Case No, PCT-8083
.,
2.
M
Policy or Policies to be issued:
"'"
(a) ALTA OWner's Policy-Form B-1970
(Rev. 10/90)
proposed Insured:
ASPEN VALLEY BANCSHARES, INC" A COLORADO CORPORATION
Amount$ TBD
premiumS
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(b) ALTA Loan policy,
(Rev. 10-91))
proposed Insured:
TO BE DETERMINED
Amount$ TBD
PremiumS
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Tax Certificate $20.00
-
.. 3.
Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
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,
DRACO, INC., A COLORADO CORPORATION
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4.
The land referred to in this Commitment is described as follows:
See Attached Exhibit "A"
"'~
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PITKIN COUNTY TITLE,
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
INC.
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached.
_ Countersigned at:
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EXHIBIT A
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"CAP'S AUTO (DRACO, INC.) PARCEL, AS SHOWN ON THE "CAP'S AUTO (DRACO,
INC,) / CITY OF ASPEN LAND EXCHANGE PLAT RECORDED NOVEMBER 21, 1989 IN
PLAT BOOK 23 AT PAGE 61 BEING MORE FULLY DESCRIBED AS FOLLOWS:
..
.~
A PARCEL OF LAND LOCATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE 6TH P.M., SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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......
BEGINNING AT A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MILL STREET
IN THE TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, WHENCE
THE NORTHWEST CORNER OF LOT A, BLOCK 86 OF SAID TOWNSITE OF ASPEN
BEARS S 14.50'49" W A DISTANCE OF 163.68 FEET, THE TRUE POINT OF
BEGINNING; THENCE N 14.50'49" E ALONG SAID EASTERLY RIGHT-OF-WAY LINE
AT MILL STREET, A DISTANCE OF 71.50 FEET;
THENCE S 73.37'45" E A DISTANCE OF 77,81 FEET;
THENCE 45.32 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS AT 50,00, A CENTRAL ANGE OF 51.56'15" AND A CHORD
WHICH BEARS S 49.11'02" E A DISTANCE OF 43.79 FEET;
THENCE S 75009'11" E A DISTANCE OF 13.04 FEET;
THENCE S 14050'49" W A DISTANCE OF 50.26 FEET TO A POINT ON THE SOUTH
LINE AT A PARCEL OF LAND DESCRIBED IN BOOK 316 AT PAGE 922 OF THE
RECORDS OF THE CLERK AND RECORDER, PITKIN COUNTY, COLORADO;
THENCEN 75.09'11" W ALONG SAID SOUTH LINE A DISTANCE OF 130.19 FEET
TO THE TRUE POINT OF BEGINNING.
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TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS AS SET FORTH IN
ACCESS EASEMENT GRANT AND AGREEMENT RECORDED NOVEMBER 21, 1989 IN
BOOK 608 AT PAGE 247.
-
COUNTY OF PITKIN, STATE OF COLORADO.
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"
SCHEDULE B SECTION 2
EXCEPTIONS
'~ The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
- Company:
d 1-
- 2.
3.
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- 4.
."
5.
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6.
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'"" 7 .
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8,
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Rights or claims of parties in possession not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
Reservations and exceptions as set forth in the Deed from the city of
Aspen recorded in Book 59 at Pages 40 and 63 providing as follows:
"That'no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held
under existing laws",
Right of way for ditches or canals constructed by the authority of
the united States as reserved in Patent recorded in Book 185 at Page
69.
9, Terms and conditions of Access Easement Grant and Agreement as set
forth in instrument recorded November 21, 1989 in Book 608 at Page
247,
10, Terms, conditions, provisions, obligations and all matters as set
forth in Ordinance No. 40, Series of 89 by Aspen City Council
recorded November 21, 1989 in Book 608 at Page 266.
11. Easements, rights of way and all matters as disclosed on plat of
subject property recorded November 21, 1989 in Plat Book 23 at Page
-- 61.
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This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-section 2
Commitment No. PCT-8083
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CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereori covered by this Commitment other than those
shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company
shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect. lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this
Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred
pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and
Stipulations, and the Exclusions From Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except
as expressly modified herein.
Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
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EXHIBIT 3
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September 14, 1993
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HAND DELIVERED
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Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
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Re: Permission to Apply
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Dear Ms. Lamont:
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As the owner of record of Cap's Auto Supply property, please consider this letter
authorization for Aspen Valley Bancshares, Inc., to submit an application for a commer-
cial GMQS allocation for our property, which is located at 210 North Mill Street in the
City of Aspen. Aspen Valley Bancshares, Inc., is hereby authorized to act on our behalf
with respect to all matters reasonably pertaining to the aforementioned application.
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Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Sincerely,
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//I/l.
/flil(~4..-
Di Stone Davis
Draco, Inc.
210 North Mill Street
Aspen, CO 81611
(303) 925-7528
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c:\bU5\city.ltr~lr23193.113
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EXHIBIT 4
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September 14, 1993
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HAND DELIVERED
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Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
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Re: Permission to Represent
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Dear Ms. Lamont:
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Please consider this letter authorization for Sunny Vann of Vann Associates, Planning
Consultants, to represent us in the processing of our application for a commercial
GMQS allocation for the Cap's Auto Supply property, which is located at 210 North Mill
Street in the City of Aspen. Mr. Vann is hereby authorized to act on our behalf with re-
spect to all matters reasonably pertaining to the aforementioned application.
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Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Sincerely,
~t(}2 ,
Kurt Adam
.. Aspen Valley Bancshares, Inc.
.. % Oates Hughes & Knezevich, PC
533 East Hopkins Avenue
.. Aspen, CO 81611
(303) 920-1700
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c:\bU5\city.llr~lr23193.112
- CITY OF ASPEN
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130 S. GALENA
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ASPEN
CO
- COUNTY OF PITKIN
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530 EAST MAIN
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ASPEN
CO
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-COUNTY OF PITKIN
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530 EAST MAIN
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ASPEN
CO
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- DEBORAH D. WRIGHT
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232 SAINT ANDREWS
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SAINT SIMONS ISLAND
GA
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- ESTATE OF NELS REINHARD ELDER
JANET C. ELDER
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202 NORTH MONARCH STREET
ASPEN CO
- FIRST BANK SYSTEM,
FBS PROPERTY MANAGEMENT
C/O BRUCE MACGREGOR
P.O, BOX 522
MINNEAPOLIS MN
- HERBERT S. KLEIN
MARSHA L, KLEIN
201 NORTH MILL STREET
ASPEN
CO
- HOTEL JEROME
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220 EAST MAIN STREET
ASPEN
CO
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- J . E. ABELS
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BOX 4707
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ASPEN
CO
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- JOSEPH E, EDWARDS, JR.
ATTORNEY AT LAW
201 NORTH MILL STREET
SUITE 201
ASPEN
CO
81611
81611
81611
31522
81611
55480
81611
81611
81612
81611
METES & BOUNDS
EXHIBIT 5
LOTS A-I, BLOCK 86, ASPEN
AND METES & BOUNDS
METES & BOUNDS, JAIL &
COURTHOUSE
JEROME PROFESSIONAL BLDG.
UNIT 1-F
LOTS K-O, BLOCK 78, ASPEN
LOTS M-S, E 1/2 LOT L,
BLOCK 86
JEROME PROFESSIONAL BLDG.
UNIT 2-F, 2-G, 2-I
LOTS A-I, 0 & S, E 20'
LOT N, BLOCK 79 & METES
& BOUNDS
MONARCH NORTH UNITS 1 & 2
JEROME PROFESSIONAL BLDG.
UNIT 1-I
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-JOSEPH E. EDWARDS, JR.
JEROME PROFESSIONAL BUILDING
201 NORTH MILL STREET
SUITE 201
ASPEN CO
81611
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-KARL G. LARSON
MADELEINE LARSON
201 N. MILL STREET
SUITE 101
ASPEN
CO
81611
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- KARL G. LARSON UND.
M. MADELEINE LARSON
201 N. MILL STREET
SUITE 101
ASPEN
50% INTEREST
UND. 50% INTEREST
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CO 81611
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-KARL LARSON
M. MADELEINE LARSON
201 N. MILL STREET
SUITE 101
ASPEN
CO
81611
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-LEWIS I. SCHAINUCK
3650 SOUTH STREET
SUITE 301
LAKEWOOD
CA
90712
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-MOSS LIMITED LIABILITY OF ASPEN
A WYOMING LIMITED LIABILITY COMPANY
835 ROARING FORK ROAD
ASPEN
CO
81611
-PHILIP R. HODGSON
PATRICIA H. HODGSON
.~
212 NORTH MONARCH STREET
ASPEN CO
-S & A EQUIPMENT COMPANY
A WISCONSON PARTNERSHIP
201 N. MILL STREET
SUITE 101
ASPEN CO
81611
81611
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-SHERRY T. RYAN
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715 WEST MAIN STREET
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ASPEN
CO
81611
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-THOMAS C. HILL
JOSEPH B, KRABACHER
201 NORTH MILL STREET
SUITE 201
ASPEN
CO
81611
,
JEROME PROFESSIONAL BLDG.
UNIT 1-H
JEROME PROFESSIONAL BLDG.
UNIT 1-B
JEROME PROFESSIONAL BLDG.
UNIT 2-J
JEROME PROFESSIONAL BLDG.
UNIT 2-K
UNITS 1, 2, 101, 102, 103
201, 201-A, 202 & 203,
MILL & MAIN COMMERCIAL
LOTS D-I, BLOCK 78, ASPEN
AND METES & BOUNDS
LOTS A-C, BLOCK 78, ASPEN
JEROME PROFESSIONAL BLDG.
UNIT 1-A
JEROME PROFESSIONAL BLDG.
UNIT 1-C, 1-D, 1-E, 1-G
JEROME PROFESSIONAL BLDG.
UNITS 2-A, 2-B, 2-C, 2-D
& 2-E
-TRUEMAN ASPEN CO.
A LIMITED PARTNERSHIP
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4355 DAVIDSON ROAD
HILLIARD
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OH
LOT 1, TRUEMAN
NEIGHBORHOOD COMMERCIAL
PROJECT
43026
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EXHIBIT 6
ASPEN/PITKIN PLANNING OFFICE
~reement for Payment of City of Asnen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and ~W& /!!"T' ~/f6t?
(hereinafter APPLICANT) AGREE AS FOLLOWS: .
1. APPLICANT has submitted to CITY an application for
1CLY-//-/~--1~ C/.~ -f~~~
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office 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.
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of applica9P~c!O
completeness,~PLlCANT shall pay an initial deposit in the amount of $~//-
which is for ~ hours of Planning Office 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
By: ~1Y\~
Diane Moore
City Planning Director
By: l<!ta8 B
Mailing Ad ress: ~~ ex-~
.ef&i=%/d/ 6'3"81S7~~
~ ~ 81C-//
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Date: 9ft'tt~~
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APPENDIX 8
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--..:
ORDINANCE NO. ..20
(Series of 1989)
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AN ORDINANCE OF THE CITY COUNCIL 0: ASPEN, COLORADO, APPROVIIIG
THE TERMS AND COIIDITIONS OF AGREEMEIITS FOR THE DISPOSITION OF
REAL ESTATE IN THE RIO GRAIl DE AREA (NORTH MILL AND SPRING
STREETS) FROM THE CITY OF ASPEN TO DRACO INC. (D/B/A CAP'S AUTO)
AND ALSO BETWEEII THOSE PARTIES, WHICH OISPOSITIOII WAS APPROVED B~
THE VOTERS AS BALLOT QUESTION NO. 2 IN THE SPECIAL ELECTICII OF
AUGUST 9, 1988, TO WIT: THE EXCHANGE OF ONE PARCEL OF APPROXI-
KATEL~ 2,200 SQUARE FEET NOW OWNED BY THE CITY FOR TWO PARCELS OF
A TOTAL OF APPROXlKATEL~ 480 SQUARE FEET NOW OWNED BY CAP'S TO
SQUARE OFF THE BOUNDARIES OF THE RESPECTIVE HOLDINGS: THE GRANT-
IIlG BY THE CITY OF A PERMANENT, NON-EXCWSlVE ACCESS EASEMENT TO
CAP'S: THE GRkVTIIIG BY CAP'S TO THE CITY OF AN OVEROIG AGREEHEIIT
TO FACILITATE CITY OEVELOPMEIIT OF ITS PROPERTY AND A RIGll'I' OF
FIRST REFUSAL 011 THE EVENTUAL SALE OF CAP'S PROPER':Y: FURTHER,
AUTHORIZING AND DIRECTIIIG THE KAYOR TO EXECUTE THE REFERENCED
AGREEKEIITS AND ANY OTHER DOCUKENTS NECESSAR~ TO COMPLETE THE
AUTHORIZED TRANSACTIOII MID SETTING A pUBLIC HEARIIIG 011 THIS
ORDIIIANCE
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WJ;EREAS, the City council, in conjunction of its development
of its Rio Grande area proper~y for public purposes and in
furtherance of its general govarnment~responsibility with
respect to land-use planning, traffic and parking management and
landscaping obligations in that ~~aa did propose to the elec-
torate an exchange of real property interests with Draco, Inc.
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(d/b/a Cap's Auto): and
WHEREAS, the voters approved said exchan~? and disposition
of real estate as ballot qUestion 110. 2 in the special election
of August 9, 1988: and
WHEREAS, City Councll, by this Ordinance, now sets forth the
terms and conditions of the approved exchange and dispositions
and, after public hearing, finds and determines such terms and
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conditions to ~e in th~ best interests of the City of Aspen,
Colorado I
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NOW, THEREfORE, BE IT ORDAINED BY THE CITY COUNCIL Of
THE CITY Of ASPEN, COLORADO:
Section 1
That the General Warranty Deed fro. Draco, Inc. (d/b/a Cap's
Auto) for tvo (2) parcels of property in the Rio Grande area of
the City adjoininq the City's property be accepted as described
in Exhibit "1" attached hereto and incorporated herein ~y this
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reference,
Section 2
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That the General Warranty Deed from the City of Aspen,
Colorado, for one (1) parcel of property in the Rio Grande area
adjoininq Draco's (Cap's) property be executed and delivered, as
identified in Exhibit "2", attached hereto and incorporated
herein by this reference.
Section 3
That the Access Easement Grant and Aqreement by and betveen
the City and Draco (Cap's) be executed and delivered, as iden-
tified in Exhibit "3", attached hereto and incorporated herein by
this reference.
Section C
That the OVerdiq A~eement by and betveen the City and Draco
(Cap's) be executed and 'delivered, as identified in Exhibit "C",
attached hereto and incorporated herein by this reference.
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Section 5
That the Right of First Refusal Agreement by and betveen the
City and Draco (Cap's) be executed ~nd delivered, as identified
in Exhibit "5" attached hereto and incorporated herein by this
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reference,
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Section 6
That the Msyor i. authoril.d .nd dir.ct.d to .x.cut. and
deliver the document. ae .at out 1n Exhibit. "1" throuqh "'", .nd
oth.r doeu.ent. re..onably n.c....ry to compl.t. the tr.n..ction,
as apP~'ed as to form by the city Attorney.
section 7
If any section, subsection. sentence, clause, phrase or
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portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate~odistinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
section 8
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
3
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Section 9
A pUblic hearing on the ordinance shall be held on the ~
day of ~ ~ ' 1989, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
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INTRODUCED, READ AND ORDERED PUBLISHED
as provideo by law by
..A.~
~ day of
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the
Cit~ Council of the
k,.C~~
, 1989.
City of ...apen on the
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William L. Stirling, Hayor?
ATSE:ErA L)
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Kath ,,'KOCh, City Clerk
FINALLY adopted, passed and approved this ~ day of
1J.o~. , 1989.
~,
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: ' e L} ~ oJ ~U
. a'thryn ;... Koch, City Clerk
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PN':'X GO~ r~'.: ~4l
I'OT!: OUGI:lAL EXHIBITS "1-5" TO ORDI~A!lC! 1'0. 20 (suas or UI9) AIID
ATTACH~!!lTS TR!R!TO AR! NOT ATTACH!D. BUT ORIGINALS or SAID !XRIBITS
"1-5" !lOT D!SIGI'AT!D AS !XBIBITS AR! R!CORD!D S!QU!~TIALLY R!R!A'l!P,
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~~ EXHK3IT 2
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AN ORDINANCE ZONING THOSE PARCELS INVOLVED IN TIff' rID EXCHANGE
BETWEEN THE CITY AND CAP'S FOR THE CONSTRUCTION OF THE' RIO GRANDE
PARKING FACILITY: PARCELS A AND B FROM OFFICE TO PUBLIC SPA AND
PARCEL EXCHANGE FROM PUBLIC SPA TO OFFICE
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ORDINANCE NO. !iQ
(Series of 1989)
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WHEREAS, the land trade between the City and Cap's was
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effected to implement the Rio Grande Parking Facility Plan; and
WHEREAS, the City Council and the Planning and zoning
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commission preferred that the Cap's parcel be a functional parcel
once the community developed the Rio Grande Parking Faci1ity; and
WHEREAS, cap's cooperated with the city at every stage of
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the Rio Grande planning process; and
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WHEREAS, the city Council has approved the land trade with
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Cap's.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
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CITY OF ASPEN, COLORADO
...
Section 1
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That is' does hereby rezone Parcels A and B from Office to
Public SPA and "Parcel Exchange" from Public SPA to Office as
...
illustrated on Exhibit "A".
~
section 2
...
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That the Zoning District Map be amended to reflect the
...
zoning described in section 1 and the Planning Director be
.
authorized and directed to amend the map to reflect the zoning
...
change.
..
section 3
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That the City Clerk is directed upon adoption of this
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ordinance to record a copy in the office of the Pitkin County
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BOOK 608 P:1ljE 267
Clerk and Recorder.
Section 4
If any section, sUb-section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by and court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
,
continued and concluded under such prior ordinances.
section 6
A public hearing on the Ordinance shall be held on the ~
day of ~/..a.Y , 1989, at 5:00 P.M. in the City council
Chambers, Aspen city Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the city of Aspen.
INTRODUCED, READ AND ',ORDERED PUBLISHED as
provided
/OW-/
by law by
the city Council of the city of Aspen on
ClA'..J0
~ ,1989.
day of
14ayor' 'PrO'- Tern
"",'~'''af 4 S' ".
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FINALLY, adopted, passed
a;LK1--I-, 1989.
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William L.
BOOK 608 Pl1liE268
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WHEREAS, G~antor is the owner of certain real proper~y
located within the city of Aspen, county of pitkin, state of
Colorado, and further described in Exhibit "A" -annexed hereto and
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EXHIBIT 3
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ACCESS EASEME~T GRA~T A~D
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AGREEME~~
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T~IS ~NT OF EASEMENT AND AGREEMENT
:} I' day of 1!~~ , 1989,
by and between T~~
CITY OF ASPEN, COLORkDO, a home r"le municipal corporation
("Grantor"), and D~.ACO I I~':. I a Colorado corporation (t1GranteeU).
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WITNESSETH:
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made a part hereot~ a~e
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WHEREAS, G::oantee is t.he. o....ner cf certain real property
abutting the aforementioned property, l~~ated within the city 0:
Aspen, county of pitkin, state of Colorado, as further described
in Exhibit liB" incorpo:=atec. herein and ma~e " part hereof: and
WHEREAS, Granter has agreed to grant to Gran~ee a
perpetual non-exclusive access easement over and across that
portion of the real p!'operty described in Exhib.:. "An under
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certain terms and conditions hereafter e~umer~ted: and
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WHEREAS, the Grantee has agreed to accept said easemen~
under the terms, conditions and aqree~ents ~ereby specified.
now, THEREFORE, in conside::"ation of Ten Della:-3
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(SlO.OO) and other good ~nd valu~bl~ consideration, the receipt
and sufficiency of which is hereby acknowledged, i":: is agreed as
follows:
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GRANT OF EASEMENT
Gran~or hereby qrants and conveys to Grantee, its
successors and assigns forever, a perpetual nonexclusive access
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easement over and across that real property describee on Exhibit
"A," under the terllls an; conditions hereafter set forth. The
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easement shall constitute a covenant running with the land
described in Exhibits "A" .!.nd "B" and a burdeon ard benefit
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thereto.
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PURPOSE
This access ea~ement shall be used solely for the
unobstructed access to and from Grantee's property, as described
on Exhibit "B".
II!
LIMITATIONS. RESERVATIONS TO GRANTOR
The use hereby granted shalo. be limited exclush'ely to
the ~ccess of the property of Grantee.
The right of ingress and egress herein granted across
the easement premises shall be exercised and used in such a
manner as not to cause damage or destruction of any nature
whatsoever or to the interruption of th~ use of the adjoining
lands owned by the Grantor.
The Grantor shall have the right to grant other
nonexclusive easements over, a)ong or upon the easement premises.
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Grantor h~reby reserves the right to use or grant t~e
use of the easement pr.emises in any man~er at any time: provided
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that such use may not preven~ or unreasonably inte~fere with the
exercis~ by the Grantee of the rights granced hereunder.
Grantee agrees not to interfere wi~h the rights of
Grantor for t~e use of the property encumbered hereby.
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Grantor hereby reserves the right to codify and change
the location of said easement provided that such relycated
easement shall be o! the said character and subjec~ to the same
uses as herein establi~hed in favor of the Grantee, an~ equally
suitable for the purposes pursuant to which this easement is
created.
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OBSTRUCTIONS
Grantor and Grantee each agree not to cause or suffer
any obstruction that would impede or interfere with the said
a~cess easement. Grantor shall, however, have the right to place
appropriate traffic control signage and devices of general
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~rplication on the easement.
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CONSTRUCTION AND ~~Ih~ENANCE
Grantor shall be responsible for constructing ~he
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easement. Grantor shall police and maintain the easement.
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INDEMNIT:E5/INSURANCE
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Grantor agrees to indemnify and hold harmless the
Grantee from any claims or losses arising fron the cons~ruction
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and maintenance of the ac~~ss easement, except those claims
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arising ~rom the negligent or careless acts at Grantee, its
successors and assig~s. Grantee agrees to indemnify and hold
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harmless the Grantor from any cla:ms or losses arising from the
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use of t~e eas~~ent by itself, its employees, agents and
invitees, except those claims arising from the negligent or
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carele~s acts of Grantor, its successors and assigns. Each
party ,hall purchase and maintain ca~ualty and liability
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ir.~u~a~ce, as its interests may appear, in such amounts and ty. ~s
as it deems prudent. Any policy purchased by a part~ hereto
shall contain a \olaiver of tl".e right of subrogation against the
ocher party hereto.
VII
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Grantor agrees to use reasonable care in the construc-
tion of said access easement to avoid damage to the Granteets
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land and improvements thereto. Appropriate grading, planting and
repair of Grantee's property shall be in compliance with City
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Engineer construction stancards 0= by se~arate agreement.
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WHOLE AGREEMENT
It is expressly agre~d that this agreement contains the
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entire understanding of the pa~ties relevant to the subject
~atter hereof, and there are no oral or written representations,
agreements, warranties or promises pertaining to the subject
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matter her' ,f not expressly incorpor.ated in this writing.
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IX
MODIFICATION
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It is ag=eed that neither thi~ agreement nor any of
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its term~, provisions, conditions, representations or covenants
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can be modified, changed, terminated, amended, superceded, waived
or extended except by an appropriate written instrument duly
executed and subsequently recorde' by all parties.
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SEVERABILIIl
If any of the provisions of this agreement shall be
held invalid, illegal or unenforceable, it shall not affect or
impair the validity, legality or enforceability of this agreement
itself of any other provision hereof: and there ~ill be substi-
tuted for the affected provision, a valid, enforceable provisior.
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the maximum extent possible, provide for the inten~ of the
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as similar as possible to the affected provision which shall, to
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parties as set forth in the original provision.
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l'l..TJRE ,JF EM'EHENT
The area c~vercu by this ecsemen~ as described in
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i:xhibit nAil is intoended 'to':> be a publi(: rigt~t-of-way subject to
all rights, rules, requlatio:1s and crd':.nances of the City applied
to public ri~hts-of-way. This easement, thorefo~~, shall be
junior to such public rights and obligati~ns and, therefore,
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effective only at such time and to such extent as the subject
property described in Exhibit "1.." shall, if ('ve=, no :"'onger be
and constitute a public right-ai-way, and/or s~all not be
otherwise dedicated or const:ituted ..s a public right-of-way, or
the right of free and unrestricted access (subject to reasonable
traffic controls) to the property described in Exhibit tlB" shall
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Grantor warrants title to the property encumbered
hereby is in the name of Grantor and further warrants that as of
the date of this Grant and Agreement said title is good and
sufficient as against all the world, and covered by a general
title co~~itment policy issued by a local title compa~y.
XIII
DISPUTES
In the event of ~ dispute between the pa~ies over the
relative rights and obligations contained her.ein, the complaininq
party sh~ll first send written notice of its complaints to the
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other party, which notice shall contain a description of the
complaint(s) and the requested curative ac~ion and also establish
a reasonable time to cure.
XIV
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NOTICES
All notices, communications or written devices rohall be
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mailed by certified mail, return receipt requested, to the
address depicted herein. All notices shall be d~emed effective
two (:l business days after proper mailing.
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Crantor:
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city Manager
130 South Galena Street
Aspen, Colorado 81611
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Grantee:
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Draco, Inc. d/b/a Cap's Auto supply
210 N. Mill Street
Aspen, Colorado 81611
Attn: D. stone Davis
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IN WITNESS WHEREOF, the parties hereto have set their
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on the date and year above shown.
".'t\'C'<is ~ seals
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CITY OF ASPEN, COLORADO
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BY:)//~ ,
william L. Stlr1ing, Mayor
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PRACO, INc.)/b/a CA~'S AUTO
SUPPLY)!. / I
By: IIJli--1l1i1~LL '1:.-1 "..,...., ,
o. Stone Davis, presi~'nt.~~.~~.~.~~~.
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5TATE OF COLORADO)
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COUNTY OF PITKIN )
~ 1 T~e,fore9oinq was ackn~wlcdqcd before me this ~ day of
~ ' 1989, by William L. Stirlinq as Hayor and
Ka~hryn s. Koch, as City Clerk of the city of Aspen, Colorado.
Witness my hand and official seal.
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'MY commission expires: <1/7/ '1/
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A p3.:.-ccl of la:1c loc.:!tcd in Sectio:1 7, 'Ib....Tlship 1C S:luth, R......!'lce 84 west..
0:: t..1e 6t.., P.M.. s.3ic1 pu:-cel r-...eirlg rrc:.-e particulElrly dcic:"ibee ~::
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Be>gi:i:ii:"lg ~': i:: FOint on t..1-:~ eas':e:-ly =i;ht~:-way line of folill Stree~ in
the T;,....-n5itc of Nit:".m, CoU!'l':" of. Pitbn, State 0: Coloruco, ....~('n~ th~
North....~st CJrncr of Lot A, Block e6 0: 5aid To....':"l~it~ of As~n b:!arz
5 '~-~C'~9" i.;' a distance 0: 260.J5 (t:'e~, the tru'=! ::oitit of ~in."":ing;
t.hen~ S 7';-S2'QS" Ell. distance 0: 23.02 feet.; th~!'lce 2.96 f~r. alor:c t..!"le
a:.'c 0: a curve to t."I;C' left. said cu::"'Ve Mving a radius of 2.:')0 fe~~, a
c~nt.::-..~l ang).e of 8~'<e'50", a"'"ld a coore ....hich bo?drs N 62-1.3'30" E, a
dis:.o::.nce of 2.7C feet; t:-:.;:nce N 2~-'9'CS" E a distD.nce of 20.90 fee':.;
thenCI~ 1\ 6S-19'05" E a di,!;;:ance of 7.Gi feet: t~e!'lce S 69-':0'55" E a
c1 istanc<2 :>f (1.53 feet; t.h"':1ce 7.. 85 feet along the arc of a curve to t:'"Ie
2eEt., said cu!Ve huvino ~ r.::.di.:.:: of 5.00 feet, a central ancle of
9('1-00'CO". a."'Id a chord bearinq !\ 55-'9'05" E a dist.ance of :.0'7.' feet:
th~nce N 28-'9'05" E a cir.tance 0: 6'7.0;6 fe~t; ':.~ence S 55-0Q''';;'' E a
distar!C"~ of 2~.81 Ceet; t.he:r.ce S :;-'9'05" W a distance ~f 81.<0 feet:
then~ S 33-42'32" ~ a di:::..:nce o~ ~3.el .:eet; :.hence n..o~ feet alon.;
the arc ot D. curve tc t..'1\! dah:.. said curv~ ha"Jinc a :-adius of 50.00
!~t, ~ central a.'1g1e of 1~-5Ei22" a:d a C":orc .....niC'h~bears N 3C.4.0'~6" to;
a distance of 13..00 fl?et: :.hence :-: 73-371';5" r; a cisr.ance of 77.81 feet
to a p::lint en said c.:1ste:-ly ris:h':~f-...."ay li:1e 0: Mill Street; ':hence
~1 1<-50'49" E alone ~.3id easte:-lv richt-of-...I"~v line of Mill Stree~ a
cls:ance 0: 25.17 f~et tn t.""!'.: 'l'r:Je'l-nl:1't of s.:..;::r:ni:1S-
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m:scr..;?:'!ON - CAP' 5 AO'IO
A PJ!"ccl of land located in Sectiun 7, 'Ibwnship 10 South, Range 84 \.;'est
of t."'c 6th P.H., &iid !=,urcel being rrore p3rticularly described as
fo11o"s:
OC?l:-..iin; at a point on t."'e easterly right-Qf.......ay line oE Hill Street
in t."'e ro...nsite of As':)cn, CDU:itv of pitkin, State cf Colorado, ...hence
the North.....;ost C.:lt"nc:: of Lot A, S.lock 86 of S<!id Townsite of Aspen bears
S 1~.50'49" to: il distancE" of 163.68 feet, the true FOint of beginning;
thence N 1~-SO'49" E nlong said easterly right-of-way line at Mill
Street, a distance of 71.50 feet: thene:'(! S 73-37'45" E a .:iistance of
7i.81 feet; t.hcncC' ~5. 32 feet along t..-"e arc of a curve to t..'1e left,
said C1..::"":e having a ri!;dius at 50.00, a central angle of 51.56'15" ard a
cho=d ...'hich bears S 49 -11 '02" E a distance of 43.79 feet; thence
S 7S-0S'11" E a distanc~ of 13.04; then~ S 14-50'49" W a distance of
50,26 feet to a ~ii'1t m t.'1e sou':.h line at a parcel of land desCTibe:3
in 3::ok 311) at Page- 922 of the records of ~"'e Cerk and Rec:orcier,
Pitkin COunty, COlorado; thence N 75 -09' 1 1" W along said sout.I) line a
dista"ce of 130.19 feet to t.'1e True Feint of Ee;inning.
~id ?Jrc:el contains 0.19 ac:es more 0: le$s.
EXHIBIT
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SCHMUESER GORDON MEYER 'Ne.
P,Q. Box 2155
Aspen, Colorado 81612
~\~~~157 EXHIBIT 4
September 3, 1993
CONSULTING ENGINEERS & SURVEYORS
..
Mr. Sunny Vann
VANN ASSOCIATES INC.
230 East Hopkins Ave.
Aspen, CO. 81611
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.. RE: CaD's Auto Parts. Office Growth Manaaement Aoolication Enaineerina Reoort
..
Dear Sunny:
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This letter comprises an engineering report for relevant aspects of the Cap's Auto Parts building
Office Growth Management Application to the City of Aspen. My remarks are based on our
discussions of the project, conversations with representatives of the primary utilities and
inspection of the site. I have also structured my comments in response to the engineering
related criteria of City of Aspen Municipal Code Section 8-106 F., Commercial and office
development standards.
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Introduction
The Cap's property is located at 210 North Mill Street on the 'Caps' Auto' (Draco Inc.)/Clty of
Aspen Land Exchange Subdivision. The site currently includes an approximately 5,000 square
foot commercial structure and on-site parking and circulation. The application Is for growth
management approval of approximately 1,900 additional square feet of net leasable office space
in the Office (0) zone district (this figure represents a maximum anticipated expansion, the final
figure may be lower). The expansion will also incorporate approximately 1,200 square feet for
an affordable housing unit or units.
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One general comment with regard to all potential utility connections that may require excavation
into Mill Street involves the City of Aspen's intention to repair and overlay the street in 1994.
Conversations with City of Aspen Street Superintendent Jack Reid indicate his plan to mill and
overlay the street, preferably early in the summer construction season. Jack has suggested that
any anticipated excavation work to support an approved office expansion be completed as soon
as possible in 1994 to avoid cuts into the new pavement.
.
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With regard to the requirements of Aspen Code Section 8-109 F. (2), Availability of public facilities
and services, I offer the following comments:
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(a)
Water suoolv and fire orotection Based on my meeting with City of Aspen Water
Superintendent Larry Ballenger, the site is currently served by a 6 inch diameter cast iron
main in the North Mill Street right-of-way. The condition of the existing water service line
is not known but expansion of office use may not require a new or upsized service tap
if the existing service is large enough and in good condition. If a new service is required,
a new tap will be feasible from the Mill Street main. The City water system has sufficient
capacity to serve the expansion of the commercial structure and provision of water
service would not pose any special problems from a technical standpoint. As a site within
the City, service would be subject only to payment of appropriate tap and connection fees
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1001 Grand Avenue, Suite 2.E . Glenwood Springs, Colorado 81601 . (303) 945-1004
September 3, 1993
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Page 2
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for the additional capacity required by the expansion (whether or not a new service tap
is required).
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(b)
Sanitarv sewer Based on my discussion of the project with Aspen Consolidated
Sanitation District (ACSD) System Superintendent Tom Bracewell, there is an existing
sanitary sewer main in North Mill Street along the property frontage. The line is a 12 inch
diameter trunk that receives flow from the Galena Street interceptor and the remainder of
the Mill street line to the south. The existing service tap may also be adequate. If a new
tap is required, service connection to the North Mill Street sanitary sewer main will be
feasible. The ACSD has sufficient capacity to serve the proposed expansion of the Cap's
building and would provide service, once again, subject to payment of appropriate tap
and connection charges associated with the capacity requirements of the expansion.
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(c) Public transDortation/roads The Cap's site is located between North Mill Street and the
Rio Grande parking structure, adjacent to Rio Grande Park. The Galena Street shuttle
van provides frequent service between the Clark's Market parking lot past the site on
Spring Street to the Rubey Park transit center. The site also fronts on the bus routes that
serve North Mill Street. The Cap's Auto Parts site is very well served by available transit.
North Mill Street, as indicated above, is scheduled for some rotomilling and overlay work
by the City Streets Department in 1994. Existing public parking Is available, particularty
in the adjacent short-term lots of the Rio Grande park as well as along North Mill Street,
and will not be reduced as a result of the Cap's building office expansion. Given the
location of the property along the Mill Street corridor within 1'h blocks of the Mill and Main
intersection and the commercial core, much of the anticipated increase in business traffic
to the office uses will likely be pedestrian oriented.
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To anticipate some basis for traffic generation from the additional office space, I would
reference Section 'II, "Road Design Standards" of the Pitkin County Road Standards and
Specifications, as adopted on December 4, 1990, which recommends a vehicle trip
generation figure for commercial office space of 8 vehicles per day per 1,000 square feet
assuming a strono transit system. In addition, the on-site affordable housing unit could
generate 3 vpd. This would result in a traffic generation figure of 15 vehicles per day
impacting adjacent streets. While recent traffic counts on Mill Street are not available, the
adjacent street already experiences fair traffic loads of over 7,600 vehicles per day
according to the City of Aspen Comprehensive Plan Transportation Element in 1987.
North Mill Street is under its available capacity at this time.
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An additional, and conservative, 15 vpd represents a minimal percent Increase in adjacent
traffic volumes. In addition, the very strong transit serving the site and its location within
walking distance of the other businesses of the commercial core will further minimize the
additional vehicular activity it will actually generate. No changes to the area street system
are required by the Cap's building expansion proposal.
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SCHMUESER GORDON MEYER, INC.
September 3, 1993
Mr. Sunny Vann
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(d)
Storm Dralnaae No substantive changes to the current Impervious surfaces of the site
will occur as a result of the Cap's building expansion. The additional building area will
be either above the existing structure or replacing existing paved surfaces and the net
impact of site changes is zero. Historic drainage patterns will be unaffected as a result
of this project and the City of Aspen's drainage facilities will not be Impacted additionally.
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(e)
Parkina Parking is required within this office zone site, as indicated in Article 5, Division
2 of the City of Aspen Land Use Regulations, at 3 spaces per 1,000 square feet of
additional net leasable space. This requirement can be reduced to 1.5 spaces per 1,000
square feet (and no parking for affordable housing) by Special Review, resulting in a
requirement of just 3 spaces for the project. It is my understanding that the Applicant will
be providing some combination of additional on-site parking and cash, in lieu of on-site
parking, to fulfill the parking requirement relevant to the office expansion.
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The Rio Grande parking facility does offer some 400 spaces of paid public parking
adjacent to the Cap's building and will continue to serve drivers accessing the site. As
indicated in the above section on roads, available public parking is neither created nor
removed from adjacent streets as a result of this proposal. The Cap's building's location
adjacent to one of the few large, permanent, public parking structures render it an easily
accessed location for those who drive into the area.
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I hope these comments will be sufficient for the Office Growth Management application for the
Cap's building. Please feel free to contact me if I may provide further information or detail.
Very truly yours,
SCHMUESER GORDON MEYER INC.
ctL:.~~
Principal, Aspen Office
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JIIIl JHlJh 931151EA
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SCHMUESER GORDON MEYER, INC.
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APPENDIX C
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EXHIBIT 1
VANN ASSOCIATES
Planning Consultants
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September 10, 1993
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HAND DELIVERED
ilill
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
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Re: Cap's Auto Supply 1993 Commercial GMQS Application
Dear Leslie:
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The purpose of this letter is to confirm my understanding of two (2) issues which we
discussed at our September I, 1993, pre-application conference regarding the Cap's
Auto Supply 1993 commercial GMQS application. The issues in question pertain to
the permissibility of operating a bank or fmancial institution in the 0, Office, zone
district, and the ability to substantially alter an existing structure without such
alteration being construed as demolition.
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At our meeting, you confirmed that it is the stairs position that a bank is considered
to be a business and professional office, and as such is permitted by right within the
0, Office, zone district. The staffs position is based upon prior determinations by
the P&Z, and the City Council's approval of such facilities within the old Aspen
Savings and Loan building. Although the Aspen Savings and Loan building is
located within the NC, Neighborhood Commercial zone district, business and
professional offices are permitted within the NC zone subject to conditional use
approval. A bank was also previously approved and operated as a conditional use in
the Truman Center building.
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With respect to demolition, you also indicated that precedence exists for the
substantial alteration of an existing structure outside of the definition of demolition.
You specifically referenced the renovation of the old Sports Stalker building (Le.,
The Gap building) in which, I believe, only various walls were left standing. You
also indicated that the so-called "fifty percent" rule regarding demolition applies only
to the City's multi-family housing replacement program.
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As the Cap's Auto project is intended to accommodate the new Aspen Valley Bank,
and will involve significant alteration of the existing building, the above interpreta-
tions are obviously crucial to the success of our application. Should my understand-
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230 East Hopkins Avenue' Aspen, Colorado 81611. 303/925-6958' Fax 303/920-9310
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Ms. Leslie Lamont
September 10, 1993
Page 2
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ing of our discussions be in error, or if I have misrepresented your position in any
way, please do not hesitate to let me know.
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Yours truly,
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cc:
Kurt Adam
Leonard W. Oates, Esq.
Arthur C. Daily, Esq.
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LAND USE APPLICATION FEES
CITY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-00100-00000-31070
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63338-154
-63339-155
COUNTY:
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-63450-146
-63235-148
REFERRAL FEES:
-63360-143
-63340-163
-63340-190
-63340-205
00115
00123
00125
PLANNING OFFICE SALES:
-63080-122
-69000-145
4 II /J
Name: / ....../
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Check .:
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2737- 01'"3-} 8-I)'D)
40;-43
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
AII-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permtt
Use Tax for Sign Permits
Exemption
Minor
Major Deve!.
Sign~. Deve!.
Demolition
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering - County
Engineering - City
Housing
Environmental Heatth
County Code
Other (Copy Fees)
TOTAL
Phone:
Project: C, /l}/.J
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,: I
No 01 Copies:
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