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HomeMy WebLinkAboutcoa.lu.gm.210 N Mill St.A50-93 ~ -.....'1 ...,I 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 -------------------------------------------------------------- -------------------------------------------------------------- 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 --------------------------------------------------------------- --------------------------------------------------------------- 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. yj Clerk jw114 . 1 2 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. \' LARi ( . "'@. "'~ 'r, ()\\':',.-~A'L) , -,. "-...~. ," ..., _.':t~._.. .' "p ~,\')" ',,' '. . ..: .',...p't. .(. 1'1/1 . '1,.-, Witness my hand and Officia~al. My commission expires:.;;J 1/QS- qI}=()~ otary Public Page 1 of 2 . ,r' '-' THE FOREGOING WAIVER IS ACCEPTED BY ITS TERMS, ~ 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, 11'1I111l1,,! ""'<~~~.... :::;> Witnes my hand and official ral. ~ /<c ~/ 'I> ...,.;.. My commission expires: II. (');:} 9'f ,>" (Sf~ ' '(')' 0;1' '. : n: _ ~L' ':rO I ~ J. '0 <> '.'ci ::0 ,: 'O~' r.. ....,.....'D.J-......"..... " '>"111 I,,, Q..~~. L.~iJ Notary Pu ic ASPEN VALLEY BANCSHARES, INC. By: ~J( &J 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 ,,'r ~~~ .....~(/~;:<~j, My commission expires: ~ . '1'. ',.. :'~?,/ ~'t.-t(~ft;L) , : n; QJ -I' :,C):' r .h ,,-. - <> ~","",- . .p , ,. " ....., of. ," '1..( 00 ..... . ". ".""",. ," 366537 8-740 P-792 02/04/94 09:17A P6 2 OF 2 Page 2 of 2 asp-vall.bnk\waiver r' " '" 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 /'..... ..... 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, I~' \, /'- 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: ,""" /" ,,./ ",-,..u'/ 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 . " Vllb 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 ----------------------------------------------------------------- ----------------------------------------------------------------- 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. ,-, ~ . 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 ~..-, 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. c:\bus\city.ltr\hr23193.m11 ,r .-... / SCHMUESER GORDON ,~EYER IHe. <\[ .~n, Coionn; ..J :61",2 ()L.(. 925-67,,' FE.... (303) 92~. j!t 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. , , I " ....."...... 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 C=? ...'H/P1931!51ER I I I; ;1 , I I -~ ! i " ; ~ , , P I I :1 ~ I - F I " 'i:: J , '. - ;!:i I' i [~ Ii' r " ~ ~ ~ f' I- ili ,~ SL , -1'. I/-c I -~ , ?' " , } ., ':: u '" .' (' ... ------::.. '-1= -- --{=---- I r-l. ~'.. ..t'~. - - .- lli ., I --~ L~ II? it _ _ G ~"" :r..:"~." ;'.~;:;:l "'" -, ~ ~ -',- ~~ \ \ ~ :I f! ,.~ ---.. v I~ ~.d z mlil I!) ...~ _ l!:lt \l) .n,i III -- C\ oc IU ~ ~ ' ~ ' IL IU' III IS1 \) Z () \) j " ~ Iii ;i. ~ 'U. z <( Itl ?uJ;: --I~ --It <(~ >" -l z~ H:~ If) IU <(lL ~ t ~, ~~ i " l ~ ~rr.'::'I"" ~ ~, ~ \'- ~ "T"~ :; ~~ -' ,( ~ iL ~&. Ul 2 :; "'- ~ 7~:""',,'_ ",",.,-./. ( I f .~ l~f. k.~ I ' I,~ '" .~,. ;-:; " >>~ :i: ~r ,~ lL -' \\) \u ~~ ~ ,( ; $; V iL ~ oi: ::&7__._._ ;;. ,/ ;[;: ;:~ . J,,~- '>"+'( -"' ~ ~- ::i "'-:S ~ il'A .~ ;~:; r,' : D h z \!) \l) LU D -l <( F= lL LU \) Z a \) mtl' ....,- ...' ~~ r ~ ~ iL IL e M I,: ':~ "{ .' ;~:' r' .... , r ;.g ," ,f } I ~. 9 ;; ~ ~ ~ ~ ljI "'- ~ ~ -so 'jL z <{ m }- lLJ -! -! ~ G Z ~ lLJ ~ fu 9 <{ Ii \" \, , I Em ? ~, 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 ($45,000) prior to issuance of any building permits. The payment shall be made to the Building Department for transfer to the City Finance Department. " II " I) 2. The applicant shall designate two parking spaces on-site for use by the affordable housing units. I, NOW, THEREFORE BE IT FURTHER RESOLVED by the Commission: That it recommends approval of the housing mitigation package to -----~~-.....-,.._- , ,'"' Resolution #93-__ page 2 City Council subject to the following conditions: 1. A housing mitigation program for 2.43 employees must be approved by City Council and appropriate deed restrictions or payments must be completed, prior to issuance of a building permit. 2. The applicant shall address the potential carbon monoxide/fume problems of air quality in the affordable housing units, prior to issuance of any building permits. 3. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless amended by other conditions. APPROVED by the Commission at its regular meeting on December 21, 1993. Attest: Planning and zoning commission: i/~L erk w. Bruce Kerr, Chair reso.apz.gmqs.caps : II;, " "",,", <"', Exhibit D . :~Jisp~;;~~6n;solida{ea-:$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, ,~ " l--- -}.....',J....... ~ Bruce MatheY'ly District Manager /..'....., ~.. '",," \ g (oW, OCT::!::' TO: MARY LACKNER FROM: BILL EARLEY DATE: OCT 18, 1993 RE: CAP'S AUTO SUPPLY ~ \ \ ;/ __~ i -, , \ ,'.... ..---.-- _4.'.____ --..-- 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. I I ", :0;' , ' , ' ,/" ....-,.." 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. I ~ ' " /', ~" " 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), " M9,l.!.'i} ~'" /><., 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.'" /'" , ' . 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. -------========x========------- '! ,.......... .....'"~, " . 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. , ,I " " --- ./..----, ... II" " 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 j'.'~ /..".... "" ... 0/ . \." . .;. ~,. ...... . . .' . "-":-:':1 ,.-.. . .' " . )A'RiNG FORK ENERGV"CENTER :.'~42 MAIN STREET. CARBONDALE, CO a1623 '~(303l963.Q31' '., ........,... . \. ......,:......~,. . ....... '. . .'/.~':~,:i..~.:;~:._i~~.:\..:~.-.~:-.~:-. .. , .. , 'NO'", 2 ,',' " I.. (.' ,- .~...:'... '. . . , . '.' .....'........-.. , . , .1.. . " ", , ,NQvember 1", 1993 , ~.~. ./ , ' 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 " , :' ;;m:alysiswit~ COllll"i1;ents;, . ," c' .' .. . ' .. .... . .. , " ',' . '.' ::.... " : ..' , " , , 1 I I .... .. , ' '. . ,'; ..' " '. .1 .' :: .1.. .'.' ".' .. ." ".;' . . '.' .". ". ..' :;, '. " . " ::.... - . . . ~ ~ 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========------- '! M ,-. ~ .. 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 c -"',,. \/1 (I b 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: ----------------------------------------------------------------- ----------------------------------------------------------------- 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 - 'i II' I, II 2 - . ""O"~-.'C......._",-,:.....,. I \ . j (Series! I 'Oi tor !S ~ ..f ~ t - - -+--~- c ~) 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 1 sets J t I 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 "f (. 11 i !i .f:: 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 ;} WHEREAS, Caps Auto Supply and Stape Limited Liability Company , have submitted applications requesting 810 square feet of net < , " ~ ,t 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 ." c o _:a.,~~7 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 ! '!! :.ssion r S': f d Under 1 " -------/. r "" '-' --- ~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 ~ iU; CITY , , :ode , 'PPly "able de, ted tl'"e th 1994. Kathryn s. Koch, City Clerk I I 1 !II r ", \ \L- -- .. 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: ----------------------------------------------------------------- ----------------------------------------------------------------- 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. /"', ........ ~ 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 /o_.~ fXh,bit"A'1 . 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, I I: 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 <"'"..... / 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 ;tI"""", r 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. iN f]t~ - Q ay W. Hammond, P.E. Principal, Aspen Office JHIIh 83151EA SCHMUESER GORDON MEYER, INC. r ~, "i L! {~~ ~~J ~, - <.. ., n..__,...__. J -----, -- ~-I f . .......l=:..- +-0- I -:\ ~ " f$.' " Ji.f t ' i --- 'l- ~ f i= i: '" \lJ .i.'< ~: J-- III ~ ~ it. \J ~'. ~ -,- <'i ~ \ 1 *, ~:E ~:!= " ~! )1 :,.~ " ,\ ~ :; ,"''Y.O.,~ r__.... Z 1O~ \!) g: \\< Ul ~; UJ --- C\ ltl ;i ~ . F Iti IL w' UJ oil \l z () \l 9 " ~ uJ ;f. ~ ':<L z <( In fu~ -l::i -q;: ~~ ..J zm ~ ~ Iflw <(~ t i 1:::' T'~ tt.::e ,I'~ _ht' l{i- "$&. Ul L ::i "'- ~ ~- ~ ~ 3, ~ \'- ~ cL .1 \\) \u ~~ / ~- L,.,/-lIl),':- !~ ' , - ,';'>>'..:"..., . -:', i I , -, , ""-~ - ~ '/ i .~ ~ I, !;:: t' lL ~ '~ lJl j '- u: Ii ~ lL t. 0 'I ~ .:' . ~' :(\ '" ,~ , ;1, Y' ,-.' " " ...:., \' I \ ~ ,0'1- t:t I t.:~.1 ,'.. ;,l,.J 'j, i~ ~'.( . .. i~' i - v iL fl " '" ',< :/ n ::), /' " l::- 1\._ -j; ~ :3 '<<:S ?L ~~ .I!' Ji~ ~'-',- OJ -, Z ~<I' I/) ..." I~ If) il~ IU I D ~ F D- IU () Z () () 2 . ~ ~ y. z ~ }- III -1 ~ 6 Z ~ ~ ~ I.l) 9 .c( ill m ....'~', 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. I I I .'; 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: i/~L ~) (1Amr J n Carney, D puty city erk w. Bruce Kerr, Chair reso.apz.gmqs.caps /. exhdOtf\ D If -'.'d,~;:.~~if!'\>:", '," ," .',,~~),~~~/ ,-' ,," ,";'::~'~;':,;l:_,{c;1:~i~,.<:,;,,~,;~~,::.~,":,.;,~..::':"" "',' '.' ,\':.. , ".,s~er(cgi>~siJliaa!icr';pdn.itQ;t~()!t'[l)ist!kt:~L,.~i~~!f~W~f~'~$1{ .~.~~~~~;;-~:':~}:i:..};~o, 56S"North "Mill Street ~\"~1,:;;~:,lf~;~f':l;:S'1 ~t'r;':i:i~~";: ~':- '~);.;fl~";,~'filf4ff "";-' . '. . ,~; :_:.':"\ ":>;Y7 'AspeIl, Colorado 8161(,'V,.':.r"'jY" ',' 6::".t!:;,'j8'f! '. ' ,::'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. - '-;~i_'~~~~'~\,'-:< . 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 '"' -"" OCT \ or'"'' :J ':j:;\... ;; _.--~ \\ TO: MARY LACKNER FROM: BILL EARLEY DATE: OCT 18, 1993 RE: CAP'S AUTO SUPPLY \. ..-~- __v___ .---- 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. I I !; ,.." ,-- 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. ,,- "",.~..... 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, . ""' , 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), M9.1.255 -- /"'-.. . 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 ,~ , , . 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. -------========x========------- - I I , , I: ,...., ,~ . To: Aspen/Pitkin Planning Office ~g~( 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 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. I I I I: . . ............ ."..-....., 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 ..-., --, .. .' ..... ,", .... " ..~. . ....< . .' . /'I' ~,' , ' - ""'-- ' , .,. .;. . " ,'. ~ . . '.;' .... '.: ': ," . :. . '. ". . '.' .' ,,'.. , )AR~NG F~RK~~EJ:lGY:C~,NTE~.: .': ~~2_~AIN STREET:. CARBO,t;Jp~\E,. 90~1~2~~(3Q~I~~~311 .' , . .. . . ;\,' "~--':,'::.:* ~.:: ~. ':.:.. '.'-,'<: . .' " . " . " ':.10' .. .1" . . , "NOV:" 219dJ"" , ", , ,NQVember 1", 1993 , ',' , " ) '~; ..~ ~ ,- '. . " , .'._~ ~.~./ .,' . , ' 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:",' " " '. . ;" " :-' . 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:; ,',,' " " . ~ I . :'.' : . . ,\ " " , , , ',. . : . .. .... . . , , , " ..... ", : : ~ .' : ,,' .' , , . , " ":' . .. .. Ii -, 'j ....", , , ,", : ,. " .1.. :.' ... . '::'. ',.. . . '..~'~::";... . ,. ",' "., -.. "", .. .' ~ . , 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========------- . c - '-' 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 ----------------------------------------------------------------- ----------------------------------------------------------------- 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 \ c ,"""' -.I 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 2 '}- c ~ -- 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 3 ~ o '\ -- 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. 4 ~ c -, ......, 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 ------- ------- 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 5 ,/ ~ I"" '- ""^' ......, 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 6 (p c ^",<,>-, 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. 1 r' \"., , "....... (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 ct c 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 3 ~ r- '-' .......... - 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 \0 "'"" '-" '._'. ,- 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; 5 \\ c ~... '-" 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 \~ c /"',"" --- 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 7 \? - '-' ....."...." E' x k'do,t ~ A ~ ,- 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 ,~ c """ -...I 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 / \') 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 ,1(7 I""' ........ ,r 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 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. !AJ.~ - ~ ay W. Hammond, P.E. Principal, Aspen Office JHljh831!51EA SCHMUESER GORDON MEYER, INC, \~ f~j':~~ ~.~:~.,~~\ - .:-:':;;.~n;-j:1I';#,.-:~i. '3'\~. ....;;.....- ~l~.' 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I '" I IN ':'-~ zj } :) ~U1 ~J:l .:I:lJ:l \J>IUl '\:"-t, j, 'I: i ( ~ tl' ~ ""' ._."._,~-----,- c. c ~ ~, ~ Il- ~ c ill 7- ...l CL ~ lL !L .- It. :.!: ~~- . . .J'L _.l il <l. . 3:&. c 1--.-.....-...."-, c{. ..\ II) III [I." > rL II' J-C> ~ o IT.. ~ ~ ::c ..-- ? ',} , ~l;: h' f . r~ ,I, ',:j, , "f ~ l. ~ .'\' .;j- .151 - - - "i2 .,{:.- 4" v ~ ~ -il.. .L l\ -n (') ...l I'::S f ~~ ..\ -<" ,.....;..;.. I ! ~ \!' ~ iL IL () i.~ ',' Jl~' li!/ ~l -", ' ~;1{ Y' ,. :;;~ '::<. [] z \D \0 ill D --J <( ~ D- w \) z a \) mt<' lJ"1)" lJ"' ......t- i; :Hi ; -, . " 9 I,;.. . .. (,.'l~' ,,\,It II ., ; 'j . ~ ~ ~ '> ~ rL W " ~ ! '::L \I' Z <( (Q )- i I U-1 <; -1 \ -1 \ , ~ z Q Z ~ ill lL ~ \f) 9 <( iil ii ....,;:: - -- =""",~,..~~- -,....~~~"':"'"..=..-.;;-4~~~~=,!'!~.-- "..~.._---_. _.~...;...-;;~,.;;;< E)(~;~;ft & " :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 t.-l c eK"i&,it"C" :) "~-I 10 "I, .::> 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. ')..""V c ,:) ex"i~if' D" 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, 1,'? c ,"" -....i 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, 1-~ o "'"'" -.I 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), ;,..1').\~5~ / 1,) c o 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 '1,& o ,:) Cx~,J.it It E" 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 o o 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. (,,~ o o 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 0, PHONE NO. : 9631545 "",:) Nov. 01 1993 05:22PM P01 "t:: ',1:"'''''' '~./'.. :~)t",,,'J",& rr , " .. ,. ,,' , R,OA'RiNG FORKENERGY,C!:NTER : ~ '~42 MAIN STREET. CARBONDAU:. CO 81623.(303)963~311 . ' . " '. .". ,. '. . \ . '. .:" . . :',. ..' . .' . . . . '.:' ",i 'i~, ,,' ".:: :','~" '.~...' '.: . :- ". , . " ,I., ,. 'NOV:" 2'I9jJ " .? ," 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 . ,,' ..,.. \ ' . .... . " . ,. , ;. ,';'.', .' ',.1 " "',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 ~, ' ' , ' .. ',' " . . ',',. " .'. . .... .\," '. . ,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:; , ,"', . ," c' , .. , , ; ,,' " ",' ", ::. :.," " , ' .1.. . .:, ",' . ," '." ",:. . I. " '. " , t'9 Printed oIirec'lCIIHi PBP/irto help cb1iS&IV& nat,UI'al r~sourc"." @l,' "t3V .', " o .",", .~ ')(k~"~ 't H " 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. -------========x========------- '31 __,~~,;..~~.'.,...... ,.... . .>.........._..-........_-'--'"'_......._nn ._..~___._... ~'" .,'\ , - 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 tP ......1 Il,,,? .._:/...;....- Randy L, Rexwtnkle Mechanical Department RlRljc 3132RRWPF c ~ L1" r .... --z. 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. ----------------------------------------------------------------- ----------------------------------------------------------------- city of Aspen Account A j H )UJ\MA (~II13D (j o ..- " ., '.' " ",..... . 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: c .:) 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... .-:. .~.., ._.'" . . ~::#'r"J~:; ~l ; , 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 .. ... .. ... - - - - .. - - .. - .. - .. - ... .. ... .. . .. ... "" . . CAP'S AUTO SUPPLY COMMERCIAL GMQS APPLICATION " ill . .. SEPTEMBER 15. 1993 " .. . .. : pi II. ~ A COMMERCIAL GROWTH MANAGEMENT QUOTA SYSTEM APPLICATION FOR THE CAP'S AUTO SUPPLY PROPERTY - - ... - - .- Submitted by Aspen Valley Bancshares, Inc. % Oates Hughes & Knezevich, PC 533 East Hopkins Avenue Aspen, CO 81611 (303) 920-1700 - ... ... .. - .. - .. - - Prepared by VANN ASSOCIATES Planning Consultants 230 East Hopkins Avenue Aspen, CO 81611 (303) 925-6958 .. - - - - "" - PROJECT CONSULTANTS .-,. PLANNER .- ~ Sunny Vann, AICP Vann Associates 230 East Hopkins Avenue Aspen, CO 81611 (303) 925-6958 ... ... .. - ARCHITECT - - Kim Weil William Poss and Associates 605 East Main Street Aspen, CO 81611 (303) 925-4755 ,- - ATTORNEY - Lenoard W. Oates, Esq. Oates Hughes & Knezevich, PC 533 East Hopkins Avenue Aspen, CO 81611 (303) 920-1700 - CIVIL ENGINEER - Jay W. Hammond, P.E. Schmueser Gordon Meyer, Inc. 1001 Grand Avenue Glenwood Springs, CO 81601 (303) 945-1004 '. ... '. ... SURVEYOR '.. Kenneth R. Wilson, LS Schmueser Gordon Meyer, Inc. 1001 Grand Avenue Glenwood Springs, CO 81601 (303) 945-1004 - '- ... .. - - ... TABLE OF CONTENTS ]I.... "', Section P::ga - "'"' I, INTRODUCTION 1 - ... II. PROJECT SITE 2 .. ... III. PROPOSED DEVELOPMENT 4 - A. Water System 16 - - B. Sewage System 16 C. Drainage System 16 - D. Fire Protection 17 - E. Development Data 17 F. Traffic and Parking 19 - G. Affordable Housing 20 ... - H. Stoves and Fireplaces 21 I. Location 21 - J. Impact on Adjacent Uses 22 - K. Construction Schedule 22 . IV. GROWTH MANAGEMENT REVIEW CRITERIA 22 ., "" A. Quality of Design 23 . 1. Architectural Design 23 .. '. 2. Site Design 24 .. . ii - ... "" - ..' Section TABLE OF CONTENTS Page . ,,~ ,t,~ - ... .,.,0: ....~ - - - - - .. - - - v. ,~ - - .. .. .. ... - - - - - - 3. Energy Conservation 25 4. Amenities 26 5. Visual Impact 27 6. 27 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 29 30 30 C. 31 Provision of Affordable Housing D. 32 Bonus Points ADDITIONAL REVIEW REQUIREMENTS 33 A. 33 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. - Exhibit 2, Title Commitment - Exhibit 3, Permission to Apply Exhibit 4, Permission to Represent - Exhibit 5, Adjacent Property Owners - - 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 - - ... ... - -' ... - IV ... ... - - LIST OF ILLUSTRATIONS TIDe Page "'", 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 '.- - - .. .. ... .. ... ... ... ... ... - - ~ ... ... .. .. ... ... ... v ... ... .. ... I. INTRqOUCTION - 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). - - .'- - - 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. .- - - - - - - .. 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 .. .. .. .. - - ... 1 .. .. .. - convenience, all pertinent supporting documents relating to the project are provided in the various appendices to the application. .- 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. ,- - - - - II. PROJECT SITE - - 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. - - ,". - - - - ,- - 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. 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I I< =III!'.~. f3 ..'1 i '!' =- 'j'~ .. 112 - .1. !.p a " - I :'W<'}.~';'I ~. g !i!i~;B~o"~. ~l I I ~I'~~'II;~P.I r ~ ~ 1I11.;i"!c~" l~ . ....._~~g~,9 tl I S ~.. &1:- 9 !W"f"!:i'?~ )' . ~H! l'c' f.i -I iJ I 'il.:.!:II;~1 II ~ , ! -."1 l"IOI il" Q a !~~~~~Ii:~;~ II I - ~H':!i.~~'h F a ~-I~f~l~~f~i [; J '1..Uil- H. I ~ 5 0 ,. n !:9:~~.!:1I' if' .... "'''' g,i.i - i A"" ~~~~~r(~i' i' i"'. l"I_ "::.. LL.IL~' .l ~.- .. 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. - - ... ... ~ 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. .. - .. ... - - - .- - 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. - ,.-.... - - . .. 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 .. - ... 4 .. ... ... - ll: (\ ~ ?o , ~tP . ~ ~ o . 5 Z ~ ~ ~ ~ I rn g jO ~;g :i l> d\ Z -....::n =:jl ::ll ~:a~ ~ 25'-6' i i I I I I I 46'-0' o --, I I I I I I I I --h II1I LL_== <1'-" Z(j\ ~~ ~~ ~!J\ l>:-TI m ~ lf\ '11 II II t0Ul ':.t'O Ul~ :t'-b go 1"-'" \- " ~ " I-.! --l 0- " 0- ~ . t-J ~ . ~ ~ t:i I~ r: ~ <' In>- -'1J <::: :'ft' Oi U"' i. ' o .~ o ffi(l\ ~~ f1;ll' pll' ll'!J' ~ (tj~ f1; ~ ll' ~~ :j;; '11 ~ ~ ~ 0 ... II II . .L -~ . -;r- 11'(:sl ,I \:pI.,,) J ..nUl "-1' aa ()() =-11 =::1J ; c ~ ~ 1I1II1 bhI1.1 ~ ~ ~ U "" -0 - r :: p \II Z ;34'-Q' I~'-~' 48'-0' w 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. "'. ,W "It i,l. II'" ,oM .. 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 - - - .- - inlprove vehicular circulation in the immediate site area, and increase available public parking by three (3) spaces. - 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 .- - 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 - .. .. - .. 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. - - - 7 .. .. .. - ; ~ ~ -.,.. m ~ .~ , ~ , . I '-'I~ ~ 5.N v f'\h .. KJ "1' tJi ~ r ~ \@ J t{; <-- f \~'- ~ J{.i-...,.:, _ --.. ~. -~ /( ))- I~ ,/ ~ / 1- -- -- /' /' /~ / ! I ~"j ~ \ll ",' , i " ~.._, -~ .,~.~:~ o \41. . r j ~ ~ '. tn ~~ m~ ;;0" -tn Y'lj\ ...Q(j\ ~z I I ~ -r~ ! !~ Q; ~ 1 t. 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Water System ~ ~ 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. - .. - ~ - - - c. Drainage - .. 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 - .. - ... - 16 .. - - .. .. 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. ... ... ... ... .. ... 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. ... - .. .. ... ... ... E. Development Data ... ... 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. - .. .. ... ... - .. Table 1 DEVELOPMENT DATA ... 1. Existing Zoning 0, Office .~ .. .. 2. Total Site Area ... Acres Square Feet! 0.19 8,280 ... ... 17 - ... .. 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 - 5. Maximum Allowable External Floor Area 6,210 .. @ 0.75:1 (Sq. Ft.)3 - 6. Proposed External Floor Area 5,930 ... @ 0.72:1 (Sq. Ft.) - 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 .. ... 9. Maximum Allowable Height (Ft.)s 25 - 10. Proposed Maximum Building Height (Ft.) 30 .. 11. Minimum Required Parking Spaces - ... Commercial @ 3 Spaces/l,OOO Sq. Ft. 3 Net Leasable6 ... Residential @ 1 SpaceIBedroom7 None ... 12. Proposed Parking 9 .. .. ... All numbers have been rounded to the nearest ten (10) square feet. .. - .. 18 .. "tI!IIIl - II.. "' ~ .. - .. ... ,. - .- - ,~ .~ - - - ... - .- - .. ... '" ... .. - .. ... - - - 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 ~ 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. .. ,. "~lIII ... '..... - .. .. .. 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. ... - ~ - .. - .. .. - ,~ .. .. - G. Affordable Housing .. .. 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 .. ... ... - .. .. 20 .. - approximately two and one-half (2-112) new full time equivalent employees calculated as follows. .. .. 810 Sq. Ft. Net Leasable/l,OOO Sq. Ft. = 0.81 0.81 x 3 Employees/l,OOO Sq. Ft. = 2.43 Employees - .. ~ 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. - .. - .. - .. - .. .- - ~ - H. Stoves and Fireplaces 4'" ... No wood burning fireplaces or stoves are included in the proposed development. - - I. Location .. - 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 .. .. .. .. - - 21 - - .. ""I 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. - - "" '. - .. - . 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. ,- - . - . - - .. - .. .. K. Construction Schedule - ... As presently envisioned, construction is expected to commence in the spring of 1994, and will require approximately one (1) year to complete. - ... .. IV. GROWTH MANAGEMENT REVIEW CRITERIA - .. .. The following section addresses the proposed development's compliance with the City's commercial GMQS evaluation criteria. We believe that the proposed .. 22 .. - - - ... 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. - - - A, Quality of Design .. - "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 ... 3 - An excellent design .. The following features shall be rated accordingly." .. - 1. Architectural Design .. .. "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 ... - .. - .. - .. 23 - .. ... .,.~ railroad use of the Rio Grande property. In addition, the s.abled roof design was .--- - --,._----- "------ .-- --_.------- ------ ",.... .. 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 - - - .. - - ~ 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 ... - ... - ... - .. - .. 24 .- .. ... .. ~ ""'l - rd OS i^ wPVI4 , - '" ... .. - , ... - - .. - .. - .. ..- x. 0 .. )." t , ::\.,C i - Ie b6 J .. 0. \) Q; S\l~ '7 '.. - - .. ... ... .- .. ... - location of the units away from the Mill Street right-of-way will significantly increase privacy and reduce noise impacts. t" of rYJY )~v V 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 .. devices; and the proposed development's location, relative to whether solar pin can be expected to reasonably result In energy conservation." - ",.. ~ 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. ~ - .. - ... - .. - - - Requested Score: 2 Points - 4. Amenities - .. "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 .. - -, - ... - 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 --- ., .. score in this category. ... Requested Score: 3 Points - .. - 26 .. - .. - - 5. VIsual Impact - ... "Considering the scale and location of the buildings In the proposed development to prevent Infringement on designated scenic viewplanes." '. .... . 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 - . - ~ - .- - .... 6. Trash and Utility Access Areas ... .. "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." - .. - - . 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 .. - .. - .. - 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 - - 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 ... ... .. - - Requested Score: 2 Points - B. Availability of Public Facilities and Services - - "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. - 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. - - .. 2 - Proposed development Improves the availability of public facilities and services in the area," - - 1. Water Supply/Fire Protection ... ~ .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.. - .w - .. - - ... 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 .. ... - 21 - ," (6) inch main located in Mill Street is adequate to serve the proposed development, and that system upgrades will not be required. .~ ,~ ,~ Requested Score: 1 Point ..... - 2. Sanitary Sewer - ... "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." - - ... ." 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. - .- - - .. Requested Score: 1 Point - 3. Public Transportation/Roads ... - .. "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." - .. - .. . 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 - .. ... .. .. ..... 29 ,,. - - ~ '41 (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. - - .. .. Requested Score: 1 Point .. ) , )',,'} 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." /,j:il' l~ ,,! ,,~ .., - - 4. Storm Drainage - - - - 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" " ',' . l\ a J'}' . J - - .. .. ~./ 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. i' - .. - - .. Requested Score: 1 Point - - 5.. Parking - '" "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." - - .. .. 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 '" .. - 30 - - .. - -,~~ 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. - ~ ... To mitigate the proposed reduction in the project off-street parking - - requirement, the Applicant will make a payment-in-lieu of parking as provided for .. 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. - ... - ... - ... - - .. - .. Requested Score: 2 Points - C, Provision of Affordable Housing - "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. - ... Points shall be assigned as follows: - 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; .. - ... 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." .. 31 - - 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 - - - 60 Percent of Employees Generated Housed + 6 Percent = 10 Points 40 Percent of Employees Generated Housed + 8 Percent = 5 Points - - 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 - - Requested Score: 15 Points D. Bonus Points - "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." .. - .. .... - We believe that the proposed development has exceeded the minimum review criteria of the City's commercial growth management regulations in several - 32 .,.. 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. ..... - - - 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 - - - - ,~ 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 .. . 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 - - ". .. .. .. 33 - - - 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. .. .. . 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. . - - .. .. . 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 '- .. .. .. - .. ... 34 "'. payment will be made upon the receipt of a growth management allocation, and prior to issuance of a building permit for the project. . .. 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. ... - .. - .. - .. - - .. - .. - B. Vested Property Rights ~ 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. .. - - .. - - 35 '1M .. ... - .. - - - - '" - '" - - ., <, .. - - - - APPENDIX A - .- - '" .. 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 . ... - - .. 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 - - - - - - - Comments - -.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 '" - .. - ~ - .- - .. ,- ... - .... - '. - ~ - ~ - .. - ~ - .;1.. , 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 - .. - (b) ALTA Loan policy, (Rev. 10-91)) proposed Insured: TO BE DETERMINED Amount$ TBD PremiumS .. - .. 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: - .. , DRACO, INC., A COLORADO CORPORATION .. 4. The land referred to in this Commitment is described as follows: See Attached Exhibit "A" "'~ .. 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: - - .. - ~ EXHIBIT A - - "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: - ...... 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. - .. - ,. - - - - 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. .. . .. .. - - " 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. - - 4. ." 5. - ... '"" 6. . '"" 7 . .. - 8, - 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. - - ~ This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Schedule B-section 2 Commitment No. PCT-8083 ~ ~ ., - - ... .. ... "'" - .. .. .. - .. - - - - ... 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. .- 4. .. ... - ... .. ... .. .. . ,- 1220 EXHIBIT 3 ~ .~ - .., ... September 14, 1993 .. ... HAND DELIVERED "" - .. Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 ... ... Re: Permission to Apply ... .. Dear Ms. Lamont: .. 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. ... ... .. - Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, ... //I/l. /flil(~4..- Di Stone Davis Draco, Inc. 210 North Mill Street Aspen, CO 81611 (303) 925-7528 ... .. SV:cwv ... ... c:\bU5\city.ltr~lr23193.113 ~ .. EXHIBIT 4 - - . .. September 14, 1993 .. .. HAND DELIVERED ... - "" Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 .. .. Re: Permission to Represent - - Dear Ms. Lamont: - 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. - 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 '" .. SV:cwv .. - c:\bU5\city.llr~lr23193.112 - CITY OF ASPEN ~ .. 130 S. GALENA "- ASPEN CO - COUNTY OF PITKIN .- 530 EAST MAIN .- ASPEN CO .- - -COUNTY OF PITKIN - 530 EAST MAIN .. ASPEN CO "" - DEBORAH D. WRIGHT .. 232 SAINT ANDREWS - SAINT SIMONS ISLAND GA - - - ESTATE OF NELS REINHARD ELDER JANET C. ELDER ~ .- 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 - ... 220 EAST MAIN STREET ASPEN CO .. - J . E. ABELS .. BOX 4707 .. ASPEN CO .. .. - 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 .. .. -JOSEPH E. EDWARDS, JR. JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET SUITE 201 ASPEN CO 81611 .. . .. -KARL G. LARSON MADELEINE LARSON 201 N. MILL STREET SUITE 101 ASPEN CO 81611 . ~ >- ~ - KARL G. LARSON UND. M. MADELEINE LARSON 201 N. MILL STREET SUITE 101 ASPEN 50% INTEREST UND. 50% INTEREST .. '. CO 81611 .. ... -KARL LARSON M. MADELEINE LARSON 201 N. MILL STREET SUITE 101 ASPEN CO 81611 - .~ -LEWIS I. SCHAINUCK 3650 SOUTH STREET SUITE 301 LAKEWOOD CA 90712 - -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 ~ .. -SHERRY T. RYAN ~ 715 WEST MAIN STREET . ASPEN CO 81611 .~ .. -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 .~.. - 4355 DAVIDSON ROAD HILLIARD .. - ... - - - .. - ... - - - - ... - ... - - ~ - . ... '" ... ... ... ... ... ... '. OH LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT 43026 _. . - ... '-- - ... - ... - - ~ - - - - 'WI! - .. - .. - ... - - ~ 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. ..II ~ ... ... .. - .. - ....""" - - - - - .-..... . '.. ... ... ... ... ... .... ... - , . 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-// . Date: 9ft'tt~~ , , 2 - M .'1" ... '~iI'l .. ... ... ... - - - - ,~ .w '''''I - .- - - - .. "... .. .. APPENDIX 8 .. .. - - ." .. . . 1'1 ".. j.!IJ ... ,.. . ... -. .- - - .- - - .. - .. .. ... ,-, .. .. .. . -'-~.-y1. -,,~';:j" 'p,'. . ~ . ..... .~.v. .~ . to,' _ ~. _ "..."-.' ".. 'C..... ,.. "" r y;., .' ~ ,... ','" . , . ~,.........:&,\ " ",k'::.ii:.;'~..'_'''l..~~ . '.' . .J'~\ _ .... '.'r~-r '. . \ . '.1 .~... . ~ . . \ .... -W~ ... 1....-., ". '...."' - "I ::. ....." ~ . .......-.. 1 ...... .... - -.II '"'" ... ... EXHIBIT 1 ::; :...,) ~ z.. nr: z< ::; ~~ n~ 0" '" o ... '" l :z:: ~ - .... 1'1 J'" .. )')0 Bl~ U\. J .....J: _J.:1 = --..: ORDINANCE NO. ..20 (Series of 1989) .. ... - - ~ CD c: [:' . f \. . ~ - - '"" 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 . i , , ( 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. ..... , ,~ '- , (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 . . ,. " ... . " ., - ,~ - ~ - '. .. ... .. .. .. ~ .. . s tt..l!C" J't: ., $..V;J' ~~~.~ ..~........ . \' ~'- ... : .J. ...... ""'-: " ....... ,... -, . . 3'!.~ ......".~ .. Ii? ' ...",....~. ~' '"~~<., , ',... .;--~"': . />-/'" ..-...:t;.__...'....~ .r_r-- -~""",. (. ~l.'~ GrJ~ ,~,~?Jg conditions to ~e in th~ best interests of the City of Aspen, Colorado I , . r'~ I- : t-...- , I' 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 I I. ! I I reference, Section 2 , I ..... l'" . , ~ - , 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. l.~" r 1 2 - ~. :"':;4- " '" '" ." ... - ~ .- ~ - } - ,. ~ ~~ J\ .'".... .~..j;-f,.:. '1:' .....';J"~ (,..;4.(!U,' . ~" - p ~.,!:;. ~. ~~. . ""JU'M~4~'l:,'tf '. ,. ->>:--. . (1'}'\:-. \...\' ._....p/.',.~~("",l ," ."'....",-1.."..-.:;.;. ,~I ;.4l:' ,;. . '-'~.'~'~l>j~:." m" .' .~ A.,AV-" ..~ G'i~ - )AO !lL~ _.J f:l,,_'i ,... 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 :-: ~ r: .J .,' reference, I 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 ~ . -: 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 ~. I ~~ 1\ L ..t - _. '- ~.- .~ .. '.. "... .. - .. - .. - ~ .. ~ - .. ~ . - - , I I , r, .j ...... . jj". ~t...-. .r."'r~~;."".~~~.?~~\.~~.....( ~_ -.. ;... t':-". ,~r ~ '., . .. ," . 4 '.. .-:..........11I.~-""It..... . ~-~.. ....~.;..... C': IU ~." ') A 1 ~t':'1 U J.::J ......OJ: _ 't 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. , t . l \ , . INTRODUCED, READ AND ORDERED PUBLISHED as provideo by law by ..A.~ ~ day of r I I I . \ t the Cit~ Council of the k,.C~~ , 1989. City of ...apen on the .-' .... .......~ :, "s ..,' ... "'~" ~ .....r~ , .... . ~.--;:;/ ~ ~ //.,~.,.-:"_ '""'. ~-"i':"C. William L. Stirling, Hayor? ATSE:ErA L) ~~~iJ~'~_ Kath ,,'KOCh, City Clerk FINALLY adopted, passed and approved this ~ day of 1J.o~. , 1989. ~, ' \ ~, \ \ ;, .. S' ". . \ ........ '. ~;*\ : ' e L} ~ oJ ~U . a'thryn ;... Koch, City Clerk rA, ,.' ", J,I A..)' . Hay -. - I t .. .. :.: r ... ~'.'t-; - .. '~L ~, '- 4 ., .. - ... - ~.. ;"f!"'. - - ~ . .. - .. .. .. - .. .. .. ... .. .. .. - - - ~ - - '" - .. .. .. .. .. ... .. - .. - ... . _":7'"' t .:..~.~~3.--6..~~;.:J. -..t' ~-- ---~~." i~ ~. 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, -.....- ~ " - , r.- ~ '. f t I . I t .... , ~ .. " """" BOO~ 6ur'S p", .~~ !4u.':'uu ( ....." - XCI> or: ~~ EXHK3IT 2 ... ",00 U1 'VI ",> o~ ~ gua. 0 _ a ~ CD'" ...... 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 c .t:.. .. ,. ORDINANCE NO. !iQ (Series of 1989) - .. ... - WHEREAS, the land trade between the City and Cap's was .. effected to implement the Rio Grande Parking Facility Plan; and WHEREAS, the City Council and the Planning and zoning - .. .. 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 - .. .. the Rio Grande planning process; and .. WHEREAS, the city Council has approved the land trade with ... Cap's. - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ... - CITY OF ASPEN, COLORADO ... Section 1 - 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 ... .~ 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 ... That the City Clerk is directed upon adoption of this '. ... ordinance to record a copy in the office of the Pitkin County - .. ... ;o1IIl .. ... .. .. - .. ... .. .. .. .. .. .. .. ... ~ .. .. - ". (' ( 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' ". " .., '" ' ,/ ,-' ......'.. (i" '.... I, ~TTEST: ,-:' "~, ~, I: " " " ~, :g i ". 'Ii ".'1 ,... ... ... .. .. .. - .. - - - - - - - .. .. .. .. '" - '" - - ( FINALLY, adopted, passed a;LK1--I-, 1989. ~~~'" ,y'~.. "'...~1-"\ ::' '. \ ;d'4u- :, ryn. ~och, city Clerk . . ... - ~ . , . . . , ..... ~ ....~ .f tDLl;,,"~ ",~' " ",\ ? 'fltlIUH.. :c. -' caps'Occ.ord ( and approved this --'h' ~<< William L. BOOK 608 Pl1liE268 /~ day of ~ 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 \. r , ~....:~".!~..~';:.",,:. "" ..,t'I'Y:~'~'-' ..... _ _.\~.....-.',.,-....).....'" ';..":"',;' -...".~" (9=-' . -.j-:.r\'~~": ~~'''''_\'' ~.. ,~-,,,:.-:';.',:"~ --l.t :;'.~,---'~'_.' ~..' -~;''''''~'''':~.~:'~'~~' t" "t-, ...:."!!"~. 1.1~.~1. (- ",i.;; )1.., )A- _'l. ( == ~ - :!! ~ ~ EXHIBIT 3 :,.) ..... ACCESS EASEME~T GRA~T A~D ""- AGREEME~~ .... =-= z'" nF z< ~> =0 ~~ n< 00; '" _ 0 ... ~ - ma~ ant ent.erec. --..: c:. o into this 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). i. ... WITNESSETH: ... l i made a part hereot~ a~e I J. 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 ~ ... , I 1 .., , ";1' j certain terms and conditions hereafter e~umer~ted: and 1 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 J (SlO.OO) and other good ~nd valu~bl~ consideration, the receipt and sufficiency of which is hereby acknowledged, i":: is agreed as follows: 1 ,:.. \~, \ .,. :. ". .'"~ t :.: T 1 - ~ , . ! "1 . 1 1 .4 , I . ~ ..j ... - ~, '... i ....PO .:. ~..,..~~;.-.~~:~-.;t.'~. ;-':~ _~-:"'." . .~~..~;'. .." .. ..~~. ~'. .-.~'\.~ ......h"lo.~~.:'!oiIIL..~.,;..~k.~ "'~ . ....\.....1;:,.~1'ir'~~.....':':.,. ~ " . ~~'t:......". . _ .. ,. ~:--i.. oJ ." ~'_ ;.'~r' ~$~..-.. " ~_ . ",j ,.,~ . ~., .... ,....'Y< (II .r,. v:-!'. 7: -?,_~rrz.l~).; \ .~. & . ;-'~~:l,;~,._~;.J~:d..... '/!-.I ,~- {-"!'~'. . _;.~ ~,~~., ~ -Y"....}oO.Wo:A....,~.;.:...~.....ii~~..... ~.~\,..... r'~:~r. C"l" )A Q u;.J~ l';r~: -~.) I GRANT OF EASEMENT Gran~or hereby qrants and conveys to Grantee, its successors and assigns forever, a perpetual nonexclusive access r'. t .; 'I easement over and across that real property describee on Exhibit "A," under the terllls an; conditions hereafter set forth. The 1. easement shall constitute a covenant running with the land described in Exhibits "A" .!.nd "B" and a burdeon ard benefit I. thereto. ,. t: II 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. 2 ~'. ~ \-. - v. ._.. ~;, ..~: ;~.,.,~ . ., 1~:,~~/.:.t;...'.~.. .~;"~E.k:;'j~~;:;.~~;':'";,;':.~~:.... i ~~.. "t'ci. G IS '""' ~4U I I , ... ..:;..,.;......~ .-.;.... <o<l....f:' ;. ~J-t.....t"'.~~...~:':'~~:.... ... - - 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 - 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. - 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. I'l -~ 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 - ~rplication on the easement. v - CONSTRUCTION AND ~~Ih~ENANCE Grantor shall be responsible for constructing ~he - easement. Grantor shall police and maintain the easement. .. . .. .. 3 .. .. .... .... ~ -, - .. - -< i ! 't"~ .' , ...... I \ f~ ~ ' r:tl l-t . I ~ t' r.' ; t .~. .... ".. .'\" \i,I'.'; r . I r::;.~~. r,i;'; .: );0 u. I~J ...._u HM VI '401/ INDEMNIT:E5/INSURANCE "'11 Grantor agrees to indemnify and hold harmless the Grantee from any claims or losses arising fron the cons~ruction - - and maintenance of the ac~~ss easement, except those claims - arising ~rom the negligent or careless acts at Grantee, its successors and assig~s. Grantee agrees to indemnify and hold - harmless the Grantor from any cla:ms or losses arising from the - use of t~e eas~~ent by itself, its employees, agents and invitees, except those claims arising from the negligent or - - carele~s acts of Grantor, its successors and assigns. Each party ,hall purchase and maintain ca~ualty and liability - 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 ~ - Grantor agrees to use reasonable care in the construc- tion of said access easement to avoid damage to the Granteets ~ land and improvements thereto. Appropriate grading, planting and repair of Grantee's property shall be in compliance with City >;;'" Engineer construction stancards 0= by se~arate agreement. - - ; ~ .. ... .. ... - '. - - - - ." - ,. . k r ! - - i--- \ ,lJ 1-- , ~ ~ l; t...... ,\,~. .' . . .;~J9A' \o'~:<-"".--'-It'.."".r~_.... ,; .~:;-::'....;.~ .-;....-.:..;..~-: ~-;.:.. ,~'" " "-1" \0.\. 1 j r", ),1 r:,'.ll lJ'.J3 ,:;,. :_J I '. VIII w WHOLE AGREEMENT It is expressly agre~d that this agreement contains the ~. ... 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 ,. , . ~i .. - .. matter her' ,f not expressly incorpor.ated in this writing. - IX MODIFICATION i I ~ ;. .. It is ag=eed that neither thi~ agreement nor any of - its term~, provisions, conditions, representations or covenants ... can be modified, changed, terminated, amended, superceded, waived or extended except by an appropriate written instrument duly executed and subsequently recorde' by all parties. x ......., ~ ~ .l-J r : .... , '- 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. ) the maximum extent possible, provide for the inten~ of the ~ -t as similar as possible to the affected provision which shall, to - parties as set forth in the original provision. . 5 ~ r' !(t' ..., \)\. :.: ;\r-~'.' .1 .~ ,- "'II . ... ... .. - . -' I - -\ ~I 1 - '. - .. - .. - - - ... - .. - - - - ~ - - - - - - .. - - ".'-- ....=::.~ "~'\~':J.'f'-"~t.:.':"', ~.i"~' :'SL." ::~~.~..~~~~~..~~~~~~6:~~:~~0.~~~~' .. ~c.\.( fj:') ;." ~51- ;.::1 l'l..TJRE ,JF EM'EHENT The area c~vercu by this ecsemen~ as described in , 1"~ ...-: . , ' ii 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, !. 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 , 1- , ~ ; ,I ''-. ~, iN 1-- ! I I , ; ~ ~ be affected. XII ~ 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 6 ~'~'.~$i " , \ . . ...'r- ". ';'_',-:',:_ ":;.:'~~ ......_r i':~': ~..: _.'_:. . '. ~ - '.~ .... ,\~.::..:. -. '\." ."".,....... _',.> -..l--.' .: ~~..:.:.,.,...:.,:- .' (,.0: ,,~,"!- ......- .",:.,':.". "~,.f~.; .:....,....,: . . .....?...\._......,..I~.~r.. ..1,_", ~_-~.J.::,.~~J ~i~~!~:.~.. r"p~' '''~''3 1',"" J" ,,,:: ''''.: ,~,r, ,I r:.._V 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 ., NOTICES All notices, communications or written devices rohall be '01 .... 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. ... .. Crantor: ... - city Manager 130 South Galena Street Aspen, Colorado 81611 .... Grantee: - Draco, Inc. d/b/a Cap's Auto supply 210 N. Mill Street Aspen, Colorado 81611 Attn: D. stone Davis - IN WITNESS WHEREOF, the parties hereto have set their ...~ on the date and year above shown. ".'t\'C'<is ~ seals ../'U .....,.('~ !JS''lJ!!Sl;':L; CITY OF ASPEN, COLORADO ~< ~-/ ~ BY:)//~ , william L. Stlr1ing, Mayor .... - - ; ., , - I PRACO, INc.)/b/a CA~'S AUTO SUPPLY)!. / I By: IIJli--1l1i1~LL '1:.-1 "..,...., , o. Stone Davis, presi~'nt.~~.~~.~.~~~. ,:/7)(::S :~. ..... 'I. " ..~"..J.., ". ""J',,9 , ~i ~ =1 I ""I -, ... ATTE,ST,: '/;'. /' ,//. /1/ -;- (Notarial clause on following page) 7 ~,."':.......:.:' . ((':1',">'\ - - - - . ;. , " 0' l 1 i .' t.. ! ~. ~ , I \ ! .. f' i' iV""; , 5TATE OF COLORADO) ) ss. 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. .1.-....-_.:#fI " .....:- ..... .:;.....~. ':,....::.:.a'a....:.:.. .-. ,.,-. - ... - .. - - - .. "lIt ( . ..., '''''... f0~,\QTAIi. ':r . , '" ". ~ ~. '~ "'UBUC, "i T'" ". I . f r. "f"~ / L_) 'MY commission expires: <1/7/ '1/ - .. - '. - GSE\056 - - .. - . - 8 .. - .. - ~ l: '~:'>:';'...'-:'.._ 6[" ,~. . I .' ~ ~l'~~ "d ,",,::::;)- -<~:;'.:~;j:::k:;~':~."~' ..~.~; -."..:.i::--.. o#~\J."" t"'.":' ~ . {J,~ ,~,& ~ I . I I " - j ;~ . 'I "~ , . " - , ~ ~ t 4 '{ I~ ~. ....-.,: .,.,:.: <Pll~ ,~~; i~'.'>' ':.".i : ' i '., ~~. :;;.:-....,............ ,', ~t.....,ft '. ~'. ... ..l..':.~ ~.~~~..,~~~~.;.:..-~ t . I .. 0" t~i'!'i ''', ..Lj, :.1..)..,,: )5~ - ;) - DESCRlPI'I& - ,\CCESS~ Et\SE.1,.I.E:T f.. 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 ~:: :0110....'5: . 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- - - - - ... - ... -, i'1 ~ ... S~ld ?1:ccl ~~:'ltains C. 1~ ac:es mere c: le~s. - - .- ~. ,-" f: ~ ~ ;'''~ :-\ t/\.~-d u; A k j;! ',:' ~' "v , :Yj iff' - .' -' , I '. " i -' 1 I -I - .. - . t , J'" ., '.'" ,., '. ,. .. .. .. .. - - ~ ....... - ""!' - 4 .. .. - '" .. - - V," ~~...{/~.~. . ... . ,:_~--',..' ;,':. . - ..",.~ _ .~. t- .. ~ , -,.~ \i.,;":~:~.,,, .... ~:... _ . '.' ...~~ ...~..."'" '. " ,j~<Y'"'<<.. , ."., .. ~: ..f..-::~' ....,. . ':'-.,;.-~~':;:.."".'. .~1. .,. : '~r. ~. -.'" '..... ...t..~..;.:.r.:.....WI~~~r.-..4..;~,........-:7'~ '" -.w....~._~.,.;~~.~.;.."....;....:.~ ~~~" .;~~i'j.~:L":.', ";. (' 'l; ,'. ~ ro"v lJ' ;,l ,;:" ~;)l) ,:,'" 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 (3 i l- ~- :')s'~c Ill" . ,!~,..:""! .,' . 1- 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 - .. .. RE: CaD's Auto Parts. Office Growth Manaaement Aoolication Enaineerina Reoort .. 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.)/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 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 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 . .. - - .~ - - 1001 Grand Avenue, Suite 2.E . Glenwood Springs, Colorado 81601 . (303) 945-1004 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 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. 4 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. - ". .. .. ... 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. September 3, 1993 Mr. Sunny Vann Page 3 ,~ (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. .. ., .. .. (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. ctL:.~~ Principal, Aspen Office c:? ~ JIIIl JHlJh 931151EA ... ... ,A, SCHMUESER GORDON MEYER, INC. I' ,. ... ... "" .. - ,- - - "" - ......~ - - ... - - .. .. APPENDIX C .. ... - - -, - EXHIBIT 1 VANN ASSOCIATES Planning Consultants , .~~ ." September 10, 1993 ~;IOII .".1 HAND DELIVERED ilill 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 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. - - 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. - 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' Aspen, Colorado 81611. 303/925-6958' Fax 303/920-9310 ~ ,u; 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, ... .. ... ... ... .. .. SV:cwv ... cc: Kurt Adam Leonard W. Oates, Esq. Arthur C. Daily, Esq. - - - "- c:'bus'<:ity.ltr~tr23193.1I1 - .~ - "'" - "" .. .. .. .. ... .. .. ~ - ,- 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: / ....../ Add~S~/:~ {~ ~ Check .: - 0..: 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 '4 ,: I No 01 Copies: -' '/,,,- > (.: U '5J/f :3 g "y:;; Y"'1' () () /J ..... L Q ,,~,' ;;' / /J 0/I..-'V) Y/A /j --