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Home My WebLink Aboutcoa.lu.gm.210 N Mill St.A50-93Cap's Auto Supply Commercial GMQS, Special Review & Vested n�E A50-93 2737-073-18-001 ASPEN/PITKIN PLANNING OFFICE .� 130 South Galena Street Aspen, Colorado 81611 Z 7 2 D-7 -3— (303)920-5090 LAND USE APPLICATION FEES CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -00100-00000-31070 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signrf. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed y -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment { -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115 63340 163 Engineering - City O 00123-63340-190 Housing / 00125-63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL � Name: �/ Phone: Address: Project: Check #: __ Date: No of Copies: / I k 1 1 � CAP'S AUTO SUPPLY � COMMERCIAL GMQS APPLICATION SEPTEMBER 15, 1993 F, 1 F A COMMERCIAL IGROWTH MANAGEMENT QUOTA SYSTEM APPLICATION FOR THE CAP'S AUTO SUPPLY PROPERTY 1 1 ISubmitted by Aspen Valley Bancshares, Inc. % Oates Hughes & Knezevich, PC 533 East Hopkins Avenue Aspen, CO 81611 (303) 920-1700 I 1 1 Prepared by VANN ASSOCIATES Planning Consultants 230 East Hopkins Avenue Aspen, CO 81611 (303) 925-6958 1 1 1 1 C 1 1 1 1 1 1 1 1 1 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 1 1 1 1 A 1 y 1 1 1 1 1 1 1 TABLE OF CONTENTS Section DM^yv 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 31 TABLE OF CONTENTS Section Page 3. Energy Conservation 25 4. Amenities 26 5. Visual Impact 27 6. Trash and Utility Access Areas 27 B. Availability of Public Facilities 28 and Services 1. Water Supply/Fire Protection 28 2. Sanitary Sewer 29 3. Public Transportation/Roads 29 4. Storm Drainage 30 5. Parking 30 C. Provision of Affordable Housing 31 D. Bonus Points 32 V. ADDITIONAL REVIEW REQUIREMENTS 33 A. Special Review 33 1. Off -Street Parking Reduction 33 2. Affordable Housing Parking 35 B. Vested Property Rights 35 iii 1 1 1 1 1 t 1 1 1 1 1 1 1 TABLE OF CONTENTS Section APPENDIX A. Exhibit 1, Pre -Application Conference Exhibit 2, Title Commitment Exhibit 3, Permission to Apply Exhibit 4, Permission to Represent Exhibit 5, Adjacent Property Owners Exhibit 6, Application Fee Agreement B. 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 tv Page 11 a LIST OF ILLUSTRATIONS Title 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 v Q"-ye 3 5 6 8 9 10 11 12 13 14 15 I. INTRODUCTION The following application requests a commercial growth management quota system (GMQS) allocation for eight hundred and ten (810) square feet 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 on -site parking. 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 of the 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 11 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 Rio Grande The 0.19 or adjacent property. resulting parcel contains 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. O, Office. The land The original Cap's Auto property was zoned additional which was conveyed to Draco in connection with the land exchange was rezoned from Public, mandatory Specially Planned Area (SPA), to O, Office (see City Council Ordinance No. 89-40, Exhibit 2, Appendix B). The parcels which the City received from the Applicant were rezoned to Public, mandatory SPA. City Council Ordinance No. 89-20 also authorized the City to enter into an Access Easement Grant and Agreement (see Exhibit 3, Appendix B), which conveyed to Draco a 2 11 A o.ma•f mefFfoia his PLW Flat Of ream. be.. A (Matson-- ats me>arauee, Ara City at NSWO u ARAWM d. T• Plas onus br prepared Putman Ana fureharrwce .9 the pan- eAtd in sty oe Aapr ovii . No 20 Lsarir oe 1fe9). Land esch- G wad in boa At Pea asset eaArewa ware .�gaeaaa. boa Page O-K Agee�c. fO.eein 6N K�a9• w Rtge titer 6- Tamed Ln toot ate all n.e rn Of nis county, mOrnda. f.a-d Nu - dry Of ties. aeon. INC. h Its Ptw arte•e: u CrIY or As,d N u east a-: u Ciry - =TII Or corlPmo i r. mlArfr Q Frfssr 1 T Ike Arq r Aelonnldgd before r this day of lies, by D. lner�, r PteS, Lhe., ad 1ufeR Anthaf, to lancet racy. .rnsA, ay tierea aOft-i'd Seal. My nsaAAla aIN- toter, Pa r< SAIL or COlawm I 1 r. Q,eMT 0y tr7fOw I tOrepe- oat cbarl•dlid >fore r aaa day Ot Im. pay nllr Ta. r1s r Mapr T w CitY of Aspen. ana rANr) n s. Aadn. its CYCY Sara. wTYQS3 S, Ind ad offieul cal. my mwartaw sap- -dry is /( CAPS AUTO' (DRACO, INC.) / CITY OF ASPEN CM III,;�L AND 11�81,Q LAND EXCHANGE SUBDIVISION PLAT Thu RrNl Flat of team• Inc. And City of Aspen rd the - ded-ionu sown hereon Are ha -by appeared And acceptd by the City Ooweil of the City of Athis th P[APafOLdo A7QI04G APPR;dVAL day of 19". day by This Final Plat of Dreea, Inc. and City mayor of Aspen wr APPT Qd by the City of Aspen Planning 6 zoning Co�uaion this Acceat: day of , 1989. City ark CITT 01230CER•5 AFPIOPAL BY toAn Thu final Plat of Or - Inc. Ad C1cY of Aspen wea approved by the City Bq v.er of tree City of Aspen this day of 1989. CITY PLANME9G ClRCE APPRIVl1L 8Y City Og+meet CIDec AIO AR171m1•s A�AIQ Thu Final Plat of Draw, Inc. And City of Aspen was approved by the City Plan- nim Office this day of Thu =1 Plat of tram, Inc. andCity of 1989. Aaran was aceepcd for filing in the Off- of the Clerk AndPadded- of htkin C i y. BY C.1-Ad., At.'clod[ M. thisCity P Amer 1909, 31at atPage(.) fptlnn No_ ac. Pitkin y Clark 6 Recorder ACCESS EOF BEGINM04 TZA PONT (PARCEL A)ocE-�� I 0 . 14 -A C R E S r^ C J J OF OeBEGINNING CATS AUTO NEW B OLD 80twou" Are 1s1em > F �'/y CAPS• 4UTo 6p UNogRY_ C41S F 0.19 ACRES +/_ j 1 9 3 ! 8 130 Noe. .�9. °gull Roc dalM o L n'Le s nee n LINE BEARING DISTANCE A. t NBS•18.05-1 7.07 CURSE DELTA RADIUS TANGENT LENGTH CHORD BEARING. C..f 8A•48.50• 2.00 d.87 2.ee N82.11'30•E 2.70 2 s0'00 00' 5.00 5.00 7.85 N85.18'05'E 7.07 3 Ia•58.22' 50.00 e.Se 13.04 10•a0•Ae•w 13.00 4 5d•5e•11. 50. 00 24. 35 A5. 32 S49 I1.0rE 43.79 ENT c 9'2 � LOTAsa A. W djL as NBC 13 ie AK 4K6 - QP'B AM BOB BmdOAR9 A parcel of Land located In Section 7, Tba.ahip tO South, Range 84 Mrst of the 6th P.M., said portal being sore particularly described As followa: BealnnLm at a paint On the easterly right-of-way line Of Mill Stnet fn t3e 7b-Lte of Aspen. County of P1tkAn, State of Colorado, ~,e the Northwest turner of Lot A, Block 66 of rid 71fwelte of Aspen bean S 14'S0149' w a distance of 163.69 feet, the true point of tegu,utg; thence N 14'50'49' E along rid easterly right-of+vy line AtM:.11 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 nave to the left. said gave has Lq A radius At 50.00, a central gala of 51'56. 15' Ac A Chord whichbears S 49'11 .02• C a distance of 43.79 Feet: thnace distance 75.09'11• E a distof 13.04, thence S 14'5049- w a dua rcw of So .26 fast to a point an the soieh line at a parcel of lid described in Book 314 at Page 922 of the records of the Clerk and fimrder, Pitkln Cousnty, Colorado; trienca N 71'09411• N along rid south line a distance of 130.19 feet to the True Point of Beginning. Said parcel con- 0.79 Acres sore or let. DESCRIPrICN - ACLTS9 EASDOW A paest rcel of land located in Section 7, Tomhahip 10 South. Rage 84 w of the 6th P.M., rid parcel helm Core particularly describd As for lows: Beginning at a point on the easterly right -of -my line of Mill Street iA the Tbwaite of /+pen. County of Pitkin, State of Colorado, unence the tur ner rner of tot A, Block 86 of rid 11-te of Aspen bears S t4*50*490 N a data- of 760.35 feet, the true point of bAq-ion: thence S 74'52'05' E a distanceof 23.02 feet; thence 2.96 feet along the art of A cV[ye m the left, rid Sava, A red i,s of 2.DO feet, a central Axle of 84'48'506. And a Card v Lch bean N 62643130' E. a distance of 2.70 feet; thence N 20'19105' E a distance of 20.90 feet; the nce N 65.19'OS• E a distance of 7.07 feet; thence S 69.40'55• E A distance of 41.53 tees; thence 7. SS feet along the Arc of a nave to the left. rid clean havino a rdius of 5.00 feet, A Central angle of 90'00'00', and A r..d bearing N 65.19'05• E a distance lt of 7.07 feat,; thence N 20.19.05• E a distance of 67.46 feet; thence S 55'00'41• E a durance of 24.81 feet; chance S 70'19'05' W a distance of 81.40 feet; thence S 33.42'32• w a distance of 43.31 feet; thefnte 13.04 feet Alonng the art of a curve to the right, rid tutus havinga rt,s of 50.00 feet. a central Angle of 14'56'22' wd a chord unlcn beadrs N 30*40'46• w a distance of 13.00 feet: thence N 73'3714S• w a distance of 77.81 feet to a poem[ on red easterly right-of+ay ILM of Mi11 Street; thence N 14'50'49- E along rid arterly rignt-of-wey line of ML11 Street a d iScAnte of 25.17 fast to the True Point of "L-ung. Said party contains 0.14 acres mee M let. •Defcrlbed parr is pursuant to and ,.b)ect to the terms. Cendl[lOnf. Obi lq•Clonf and ref C rle Lions contained in the Loll OVAng: City of Aspen Ordi nanca No. 20 (Series of 1989), Land Ekchanga. found 1n Book at Pp• City of Afpan Ordinance No. a0 (Series of 19e9), subdlylf ion and Rerening, found in Book at Paq• : Acceff E......t Grant and Agreement, found in Soo" st cage Ovardeg Agr••eant, found in Aook c Paq• \red Right of First Refusal. found in Book at Pig• all rat .ranter to the real estate records of Pitkin County, Colorado.• LEGEND AND NOTES: 1. • INDICATES FOUND MONUMENT ACC 13288 2. SURVEY ORIENTATION FROM FOUND MONUMENTS AS SHOWN 3. DATE OF SURVEY: JANUARY 1989 4. ALL ADJACENT PROPERTY IS OWNED 13Y THE CITY OF ASPEN. 7 9 II'c 40 11 0 n A N / 5 TWA POW (/RREFl� PARCEL B r(DRAco 7a a•. J,fntt; �E .^.T1L mCfRQ12 'te vderatgmmd. A duly athorird hepra'nnt_ ative of a mrplrata Title Imau[er req-teed D6OORICM - PAR= mcwwz, cnr Or ASPM M DRALO. Ix. A petrel of land located in Section 7, 'Ibaship 10 South, Range 64 Ife,t of the 6th P.M., rid parcel being Bore particularly described AS follows: Begunraw at a point on the line [etween Dormers 4 ad Sot Che 7bnaelce of Aryan, County of Pt- , State of Colorado. nAance the lorth.est earner of Lot A. Block 86 of tspen ad To -it. of Abean S 21'48'16' w a distance of 236.16 feet, the true point of beginning; thence S 73*37.45" E a distance of 49.19 feet: amerce 45.32 feet along the, ate of a crave eo the left, rid cove havvq a radius of S0.00 feet; a central "le of 11*16"1" And A Cord Muth best, S 49'10.59' E A distance of 43. 79 feet; thence S 75'09.11' E a distance of 13.04 feet; that S 14'SO49• w a distance of 42.87 feet to a point on rid line betnsen corners 4 and 5 of the 7bwnaite of Aspen: thence N 43'12'17• w along rid line between Cot 4 and 5 of Tbweatte of Aspen a distance of 119.72 feet, to the Itue Point of Beginning. Said parcel Ron- 0.D5 Acres sore or less. DESCRIPIICN - PAR3. A. DRh D 70 C17r C11 ASPIN A parcel of lard located in Section 7, TGnfhlp 10 South, Range B4 west of the 6th P.M., rid perrel owing Core particularly described a follows: Bagtmlm x a p�inc on the easterly right-ofway line of Mill Street In thenof Aspen. Co,ntV of Pftkin, State of Cblorado, unenc the NOrtn.esc Corner of Lot A• Block 86 of rtrwu Said Tite of Adn Aspen Dea S 1465049' w a distance of 235.18 feet, the true point of beginning. Thence v 14*50,49, a along rid easterly right-of-uay line of Mill Street :. autance of 17.08' to a point on the line between Corners 4 and 5 et rid Tbtucte of Aspen: thence S 4.3'12'17' E Along Said line between Corners 4 and 5 of rid Towalte of Aspen a distance of 33.71 feet: thence N 73'37'45' w a distance of 28.62 feet to the True Point of Beginning. Said parcel contains 0.01 Acres sore or less. OPSCR Priam - PARCI7. e. DRAm 70 Crff Or ASPLq A parcel of lad located in Section 7. Tbwship 10 South, Range 84 Nest of the 6th P.M., rid parcel being Con particularly described As fol lot: Beg M,ni q at a point on the line between Corners 4 and S of the 7own- site of AmOen. County of Pitkin, State of Colorado, Wn the N rCn- west corner of Lot A. Block 86 of rid Townaite of Aspen bears S 52'07.09' W a distance of 214.96 feet, the true paint of begurnim. Thence S 43*12-178 E along rid line between Corners 4 and S of rid Tbwraate of Aspen a distance of 13.97 feet to a pour[ On the southerly bondary of a parcel of lad described in Bock 316 at Page 922 of one records of the Clerk And Rscvrder, Pitkln County, Colorado; thence de- parting Said 70welte of Aaoen lire on a bearing of N 75.09111' w along said south line a dutanee of 11.8ce 5 feet; thenN 14'50.49• E a dis- tance of 7.39 feet to the Ttue pout of Beginning. Said parcel Contains 0.001 Sera Sore or less. DC9CIU7RU1 - CAP'S AUTO LID 11I0001CMQ A parcel of lane located in Section 7. Tbwuhip 10 South, Range 84 Nest of the 6th P.M., Said parcel beam tors particularly described As follows: Beginnina at a paint on the easterly elghtbfway line of Mill Street w in the Tt it. of Aspen, County of Pitkin, State of Colorado, anawe the Northwest oofner of Lot A, Block 86 of Said Towaite of Aspen bean S 1 '50'49' w a distance of 1A3.68 feet, or,, true point of beginning; thence N I4'50'49' E slag Said easterly rigntbf-ay line At Rill Street, A distance Of so. 58 feet to A point - the lira between mrhees 4 and 5 of the Said 7bweite of Aspen; tteace S 43'12'17' E arson Said lie between Corners 4 Ad 5 of the Said 7bwaite of Aspen 167.40 fast; thence N 75.09'11' w 142.04 feet Co the Paint of beginning, said parcel connta-Ang 0.14 Acres Sore or lees. to m busuner otd in Pitkin m,nty, mlo, does Mrs"rent sty, p rvuant to Section 1001 17) of the Aspen municipal Cade, that the imivrdel listed r aaer m Nu plat does hold in fee staple title mall liars, Su s- brances eacept thoea listed do the :1tle Insurance stow -is) No. LCN3146 wd ICf- 319,, Affect- . 19 , _q tsvely, unwed qua th hid Title Dram Coy hew eyany. Although be w t Acts tested are true. this Certificate to not to to oonstrW r An Abat act of Title, rot no,' of title, na quetMy Of title. S1RV89O1'S CS 1L nOp,nion ac is u trot lth tad Choced fttki neL Irn.anc. m.pnay or Hain Oa,sntycveTor, 1, Aaweth R. Wilson, licensd so do hereby oertlfy that this plat title, Inc. mutt Aeaaea Or will hie dwuged of Oram, Inc., Awas prepared City of Aspen prepared under ay spar zs ion -Ad with any tirareaal Obligation w 1Lao•.lity that the outside boudwia and ocher featuaes Are Amaately And mrremLy wacwa on any stseaAent oa,aiirrd Ietein. anoan heron, that the rase are beamed on field surveys. IN wRNtSfd ,RIMR00*, I free set my hand and seal this day of • V aePt Vincent Ri9, ea _ 1909. MTC or coORAID 1 ) As. Cw"T Cr Frfm 1 The reel* Certificate claret r adsadd*W before SA this day of A.D., I M. by Vas- of ntkirt axmy 'Title. Inc. Sltnar q hAd we\ el. _ y flaaelealan ArPua: Notary Public REVISIONS DESCRIPTION AOOEO GEA9/N6S/P3rANCES TO A4RMS AAMO'rAVA(AV0/ZfAVAVr CER)YFfCA rf REV/JEO J&9WYVf`5 CERrf,1/C.47'E Aaawtn R. Nl SCHMUESER GORDON MEYER INC. ENGINEERS & SURVEYORS 1512 GRAND AVENUE. SUITE 212 GLENWOOD SPRINGS, COLORADO 81601 13031 94 S - 1004 DRA CO, INC. 'CAPS AUTO" a LAND EXCHANGE SteDWISION PLAT a/J3A "AssRAl r 10. AT / Of it 1 1 1 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 (4,890) 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 O, 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 GAPS AUTO 5GALE: 1/b'=1'-0' s/+��fwr�y 7b'-b 1 /2' 40'-2" L� 21'-q" 1� 14'-71/20 'I, MAIN LEVEL EXISTING FLOOR PLAN SEPTEMSER 41, 1443 • ,, 20'-1 " OPEN TO E`ELOW t- GRO55 5.F. = 1,525.00 NET LEA5ABLE 5.F. = 1,651.00 OfFICIE CAPS AUTO 5GALE: 1/5'=1'-0' E m m UPPER LEVEL EXISTING FLOOR PLAN 5E-TEMSER 9, 1,193 vA L building's upper floor. The formation of the new bank was recently announced, and the bank is presently awaiting its federal charter. The 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. The building will contain two (2) affordable housing units, which will be deed restricted to the Aspen/Pitkin 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 improve 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 O, Office, zone district. Business and professional offices, however, are permitted 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 1, Appendix C). A more detailed description of the Applicant's proposed development is provided below. 7 1 1 1 1 1 1 1 1 i i 1 1 1 1 1 1 1 1 3Aw. 'M A5i=EN VALLEY BANK UPPER LEVEL 50ALE: 1/5"= 1'-O'I GONCEF7UAL. DE51 GN 5EPTEMBER 15, 19C15 A5FEN VALLEY BANK /i LOWER LEVEL ,t�t�hnlrapilf..r.�� GONCEFTUAL DE516N 5GALE: I/8"= I'-O" 5EPTEMBER 15, Ig95 RE 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 ASPEN VALLEY BANK BASEMENT LEVEL 56AL.E: 1/5"=1'-O" ., r nWr 1=RT1 1.41 MF:c,1 r N SEPTEMBER 15, Iga5 A5FEN VALLEY BANK 1NE5T ELEVATION 56ALE: 115"= I'-O" CONCEPTUAL DE51 GN 5EPTEMBER 15, 19a3 ,., 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A5FEN VALLE`r BANK NORTH ELEVATION { TT - ■■I M 0 JIE7: 1 mi X-m �I CONCEPTUAL DE51 GN SEPTEMBER 15, IgQ3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ASf=r=N VALLEY BANK EA5T ELEVATION SCALE: 1/5' I'-O° CONCEPTUAL DE51 GN 5EFTEMBER 15, 19C15 A5FEN VALLEY BANK 5OUTH ELEVATION CONCEPTUAL DESIGN 5EFTEMBER 15, Ig95 zoUt�q I I 1 1 A. 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 limitation O, Office, district. area of the underlying zone Table 1 DEVELOPMENT DATA 1. Existing Zoning O, Office 2. Total Site Area Acres 0.19 Square Feet' 8,280 17 i 1 1 1 1 1 1 1 1 1 1 1 1 1 3. Existing Floor Area (Sq. Ft.) 4,890 Main Level 3,060 Upper Level 1,330 4. Existing Net Leasable Area (Sq. Ft.)' 4,420 Main Level 2,730 Upper Level 1,690 5. Maximum Allowable External Floor Area 6,210 @ 0.75:1 (Sq. Ft.)' 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.)' 25 10. Proposed Maximum Building Height (Ft.) 30 11. Minimum Required Parking Spaces Commercial @ 3 Spaces/1,000 Sq. Ft. 3 Net Leasable Residential @ 1 SpaceBedroom' None 12. Proposed Parking 9 All numbers have been rounded to the nearest ten (10) square feet. 1 UP I H z 3 s 6 7 Excludes bathrooms, stairways, circulation corridors, mechanical areas, and tenant storage areas. 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. Portions of the lower levels which are located one hundred (100) percent below natural grade have been excluded from the calculation of floor area. The ridge of a gable, hip or similarly pitched roof may extend five (5) feet above the maximum allowable height. 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. Off-street parking requirements for affordable housing units are established by Special Review pursuant to Section 5-301.13. 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 I I [I I 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 (RFTA) 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. With respect to parking, the requirement for commercial uses in the O, Office, zone district is three (3) spaces per one thousand (1,000) square feet of net leasable area. This figure, however, may be reduced to one and one-half (1-1/2) spaces per one thousand (1,000) square feet via a payment -in -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 Applicant will satisfy the proposed development's parking requirement via a payment -in -lieu as provided for in Section 7-404.B. of the Regulations. A detailed discussion of the project's off-street parking requirement is provided in Section V.A.l. 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 Iapproximately two and one-half (2-1/2) new full time equivalent employees calculated as follows. r 810 Sq. Ft. Net Leasable/1,000 Sq. Ft. = 0.81 0.81 x 3 Employees/1,000 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.I.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 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 r 11 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 O, Office, as is the area 1 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 O, 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. IK. 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. 0— 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." l 1. Architectural Design "Considering the compatibility of the proposed development (in terms of scale, siting, massing, height and building materials) with existing neighboring developments." IThe architectural design of the proposed development responds to the historic nature of the Cap's Auto parcel, which is located adjacent to the southwest ' corner 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 building's simple gabled roof with two cross gables is reminiscent ' of turn of the century train stations, and represents an obvious tie to the historic 23 j railroad use of the Rio Grande property. In addition, the gabled roof design was chosen so that users of the ad'a bra would not look down -on a flat roof. The principal building materials will be brick and cut stone, with exposed structural steel elements. 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. 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 access for service, increased safety and privacy and provision of snow storage areas." 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 1 1 f_' r� I 1 I I location of the units away from the Mill Street right-of-way will significantly increase privacy and reduce noise impacts. Pit OS Although noon -site open space is proposed, 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 0 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 U Access Easement Grant and Agreement will be modified as may be required. Given 0 (6) the quality of the project's site design, we believe that a maximum score is also S 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 woodburning 25 0f devices; and the proposed development's location, relative to whether solar gain 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 1 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." 01� Outdoor seating will be provided in both the residential and office courtyards. Bike racks will be installed in the residential courtyard and adjacent to the building's Mill Street entry. The proposed courtyards will provide relief for the project's visitors, tenants and residents from the vehicular noise and congestion of 1 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 1 1 L 0 I L 5. Visual Impact "Considering the scale and location of the buildings in the proposed development to prevent infringement on designated scenic viewpianes." 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. 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 +rod of w� M � 'I✓�� J �'d � pS '7 I 11 driveway via an existing curb cut. In the event required, transformers and/or utility pedestals will be located within the east dourtyard. Given the limitations imposed by the absence of an alley, we believe that the project's trash and utility area represents an acceptable design. 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. 0— Proposed development requires the provision of new public facilities and services at increased public expense. 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 flows; and the commitment of the applicant to provide any fire protection facilities which may be necessary to serve the proposed development." 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 28 (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 1 "Considering the ability of the sanitary sewer system to serve the proposed development and the applicant's commitment to install any sanitary system I 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 ' (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. IRequested Score: 1 Point ,//) � 4. Storm Drainage ?y/S�� Ba�b�~p v ' "Considering the degree to which the applicant proposes to maintain 1% S 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 1( applicant to install the necessary drainage control facilities and to maintain the system over the long-term." Y d ' The proposed development may be handled by the existing level of q b service in the area. The project site's historic flow rates with respect to surface water runoff and groundwater recharge will be maintained, thereby complying with the 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. ' Requested Score: 1 Point 5. - Parking "Considering the provision of parking spaces to meet the commercial 1 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 three (3) spaces. 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 1 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. 1 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 r� I As discussed in Section III.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.1. of the Regulations. The units will house three (3) employees, or one hundred and twenty (120) percent of the approximately one and one-half (1-1/2) 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. 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. IOyGu la�k, 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.0 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 tproject'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. IA. 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 g parking requirement in the O, 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 El rJ I 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.1. 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/1,000 Sq. Ft. = 0.81 0.81 x 3.0 Spaces/1,000 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 L P P, I r� 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 5-301.13. 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 7-404.13. 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. 96, 1 I APPENDIX A 1 Ll a of SUMMARY CITY OF ASPEN �. PRE-APPLICAmION CONFERENCE SUMMARY EXHIBIT 1 r PROJECT: I r I n /1 , w jc� -O3u APPLICANT'S REPRESENTATIVE: R]:PRESENTATra'S PHONE: �: — I OWNER' S NAM: �� l 1. Type of Application:,; 2. 4 Describe ,--"jkj(� 17 _D.�, types of reports requested: Policy Area/ Referral Agent Comments 1�CD0- n L being requested: 4. Review is: (P&Z Only) (CC Only) (P&Z then t Co C) 5. Public Hearing: EYEY S (NO) 6. Number of copies of the application to be submitted: =1`r 7. What fee was applicant requested to submit:. Anticipated date of submission:5�,4- 8. 9. " COMMENTS/UNIQUE CONCERNS : frm.pre_app L P I 1 ,220 Commitment for Title Insurance Issued By New York TRW Title Insurance Inc. /111s ■ M P EXHIBIT 2 0 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 mortgagee 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. Attest: New York TRW Title Insurance Inc. L4_A&4Z4 PRESIDENT ATTEST SECRETARY Pltkln County Title, Inc. Countersign�p: 601 E. Hopkins (303)925-1766 By f.� r , Aspen, Colorado 81611 Authonzeo Officer or gerJ r I� ALTA Commitment Form NM6 (10189) I COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 08/24/93 at 08:30 A.M. 12. Policies to be issued: Case No. PCT-8083 Policy or (a) ALTA Owner's Policy -Form B-1970 Amount$ TBD ' (Rev. 10/90) Premium$ Proposed Insured: ASPEN VALLEY BANCSHARES, INC., A COLORADO CORPORATION r(b) ALTA Loan Policy, Amount$ TBD (Rev. 10-90) Premium$ Proposed Insured: TO BE DETERMINED ITax 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" ' Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules ' Fax 303-925-6527 A and B are attached.. 1 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 1, 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 14050'49" 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 73037'45" 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 49011'02" E A DISTANCE OF 43.79 FEET; 'THENCE S 75009'11" E A DISTANCE OF 13.04 FEET; THENCE S 14°50'49" 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; THENCE N 75009*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. 1 ' 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: 1. 2. 3. 4. 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. 7. 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". ' 8. 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 irecorded 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 Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT-8083 ' A and B are attached. Ll 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 thereon 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. i4. 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. 1 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, D4 Stone Davis Draco, Inc. 210 North Mill Street Aspen, CO 81611 (303) 925-7528 SV:cwv c:\bus\ociry.ItrVtr23193.113 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, �.. ZA � (I; Kurt Adam Aspen Valley Bancshares, Inc. % Oates Hughes & Knezevich, PC 533 East Hopkins Avenue Aspen, CO 81611 (303) 920-1700 SV:cwV cAbuslcity.Itr1tr23193.112 -CITY OF ASPEN METES & BOUNDS 130 S. GALENA EXHIBIT 5 ASPEN CO 81611 -COUNTY OF PITKIN LOTS A -I, BLOCK 86, ASPEN AND METES & BOUNDS 530 EAST MAIN ASPEN CO 81611 -COUNTY OF PITKIN METES & BOUNDS, JAIL & COURTHOUSE 530 EAST MAIN ASPEN CO 81611 -DEBORAH D. WRIGHT JEROME PROFESSIONAL BLDG. UNIT 1-F 232 SAINT ANDREWS SAINT SIMONS ISLAND GA 31522 -ESTATE OF NELS REINHARD ELDER LOTS K-O, BLOCK 78, ASPEN JANET C. ELDER 202 NORTH MONARCH STREET ASPEN CO 81611 -FIRST BANK SYSTEM, LOTS M-S, E 1/2 LOT L, FBS PROPERTY MANAGEMENT BLOCK 86 C/O BRUCE MACGREGOR P.O. BOX 522 MINNEAPOLIS MN 55480 -HERBERT S. KLEIN JEROME PROFESSIONAL BLDG. MARSHA L. KLEIN UNIT 2-F, 2-G, 2-I 201 NORTH MILL STREET ASPEN CO 81611 -HOTEL JEROME LOTS A -I, 0 & S, E 20' LOT N, BLOCK 79 & METES & BOUNDS 220 EAST MAIN STREET ASPEN CO 81611 J.E. ABELS MONARCH NORTH UNITS 1 & 2 BOX 4707 ASPEN CO 81612 -JOSEPH E. EDWARDS, JR. JEROME PROFESSIONAL BLDG. ATTORNEY AT LAW UNIT 1-I 201 NORTH MILL STREET SUITE 201 ASPEN CO 81611 -JOSEPH E. EDWARDS, JR. JEROME PROFESSIONAL BLDG. JEROME PROFESSIONAL BUILDING UNIT 1-H 201 NORTH MILL STREET SUITE 201 ASPEN CO 81611 -KARL G. LARSON JEROME PROFESSIONAL BLDG. MADELEINE LARSON UNIT 1-B 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -KARL G. LARSON UND. 50% INTEREST JEROME PROFESSIONAL BLDG. M. MADELEINE LARSON UND. 50% INTEREST UNIT 2-J 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -KARL LARSON JEROME PROFESSIONAL BLDG. M. MADELEINE LARSON UNIT 2-K 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -LEWIS I. SCHAINUCK UNITS 1, 2, 101, 102, 103 201, 201-A, 202 & 203, 3650 SOUTH STREET MILL & MAIN COMMERCIAL SUITE 301 LAKEWOOD CA 90712 -MOSS LIMITED LIABILITY OF ASPEN LOTS D-I, BLOCK 78, ASPEN A WYOMING LIMITED LIABILITY COMPANY AND METES & BOUNDS 835 ROARING FORK ROAD ASPEN CO 81611 -PHILIP R. HODGSON LOTS A-C, BLOCK 78, ASPEN PATRICIA H. HODGSON 212 NORTH MONARCH STREET ASPEN CO 81611 -S & A EQUIPMENT COMPANY JEROME PROFESSIONAL BLDG. A WISCONSON PARTNERSHIP UNIT 1-A 201 N. MILL STREET SUITE 101 ASPEN CO 81611 -SHERRY T. RYAN JEROME PROFESSIONAL BLDG. UNIT 1-C, 1-D, 1-E, 1-G 715 WEST MAIN STREET ASPEN CO 81611 -THOMAS C. HILL JEROME PROFESSIONAL BLDG. JOSEPH B. KRABACHER UNITS 2-A, 2-B, 2-C, 2-D 201 NORTH MILL STREET & 2-E SUITE 201 ASPEN CO 81611 1 -TRUEMAN ASPEN CO. A LIMITED PARTNERSHIP 4355 DAVIDSON ROAD HILLIARD OH 43026 LOT 1, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT EXHIBIT 6 ASPEN/PITKIN PLANNING OFFICE Agreement for Payment of City of Aspen Develoament Apalication Fees CITY OF ASPEN (hereinafter CITY) and�'`�� (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 74f� (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. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of applicati n ao completeness, APPLICANT 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 By: Diane Moore City Planning Director 1 APPLICANT By:y Mai ling Ad ress: � �� ZEy �G// �S7f�?`�•� Date: L H APPENDIX B 1 1 1 1 1 1 IL x e EXHIBIT 1 o � H :.J � 11 . ljj 4 2 O ORDINANCE NO. �� V � < (Series of 1989) _ 'N LO m CC - AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLA RADO, APPROVING THE TERNS AND CONDITIONS OF AGREEMENTS FOR THE DISPOSITION OF I REAL ESTATE IN THE RIO GRANDE AREA (NORTH MILL AND SPRING STREETS) FROM THE CITY OF ASPEN TO DRACO INC. (D/B/A CAP'S AUTO) AND ALSO BETWEEN THOSE PARTIES, WHICH DISPOSITION WAS APPROVED BY THE VOTERS AS BALLOT QUESTION NO. 2 IN THE SPECIAL ELECTICN OF AUGUST 9, 1988, TO WIT: THE EXCHANGE OF ONE PARCEL OF APPROXI- MATELY 2,200 SQUARE FEET NOW OWNED BY THE CITY FOR TWO PARCELS OF A TOTAL OF APPROXIMATELY 480 SQUARE FEET NOW OWNED BY CAP'S TO SQUARE OFF THE BOUNDARIES OF THE RESPECTIVE HOLDINGS: THE GRANT- ING BY THE CITY OF A PERMANENT, NON-EXCLUSIVE ACCESS EASEMENT TO CAP'S, THE GRA_YTING BY CAP'S TO THE CITY OF AN OVERDIG AGREEMENT TO FACILITATE CITY DEVELOPMENT OF ITS PROPERTY AND A RIGHT OF FIRST REFUSAL ON TF'E EVENTUAL SALE OF CAP'S PROPERTY; FURTHER, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE REFERENCED AGREEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO COMPLETE THE AUTHORIZED TRANSACTION AND SETTING A PUBLIC HEARING ON THIS ORDINANCE WHEREAS, the City Council, in conjunction of its development of its Rio Grande area property for public purposes and in furtherance of its general governmental, responsibility with respect to land -use planning, traffic and parking management and landscaping obligations in that r: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 exchana. and disposition of real estate as ballot question No. 2 in the special election of August 9, 1988; and WHEREAS, City Council, 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 I T ,r cjT,x 611y r ?39 conditions to t'e in the best interests of the City of Aspen, Coloradoi 1 � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF r:r THE CITY OF ASPEN, COLORADO: r Section 1 That the General warranty Deed from Draco, Inc. (d/b/a Cap's Auto) for two (2) parcels of property in the Rio Grande area of ' the City adjoining the City's property be accepted as described I in Exhibit 01" attached hereto and incorporated herein by this reference. i Section 2 That the General Warranty Deed from the City of Aspen, Colorado, for one (1) parcel of property in the Rio Grande area adjoining Draco's (Cap's) property be executed and delivered, as (� identified in Exhibit 02", attached hereto and incorporated , herein by this reference. 1 Section 3 1 That the Access Easement Grant and Agreement by and between 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 4 l That the Overdig Agreement by and between the City and Draco f (Cap's) be executed and delivered, as identified in Exhibit "4", ' attached hereto and incorporated herein by this reference. { t 2 1 r ' Section 5 That the Right of First Refusal Agreement by and between the ' City and Draco (Cap's) be executed and delivered, as identified i' in Exhibit 05" attached hereto and incorporated herein by this ' reference. Eectlon 6 - That the Mayor is authorized and directed to execute and deliver the documents as sot out in Exhibits "1" through "5", and ' other documents reasonably necessary to complete the transaction, as apprcrved 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, -distinct 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 4� �S L- PCIV f �s ?41 09% Sect_ ion 9 A public hearing on the ordinance shall be held on the day of _ ,' ,L�y 1989, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provides by law by the Cit� Council of the City of Aspen on the day of 1989. �William L. Stirlin q, Hayor AMZrA L A. Rosh, City Clerk ) e-1 FINALLY adopted, passed and approved this ,r day of 1989.. \fit Sf 4J�, William L. Stirling, May ATTEST: �y Wryn Roth, City Clerk Iv 4 NOTE: ORIGINAL EXHIBITS '1-S" TO ORDINANCE N0. 20 (SERIES OF 1989) AND EXHIBITS DHEREAFIER. r ' ATTSCx�OTTDESIGNATEDTHERETO AAS NOT ARE •RECORDED BUT CSEQUENTIALLY INALS OF EXBIBITSC r•= i �f- �- EXFMIT 2 ORDINANCE NO. tws� rn a o C_Tl ' (Series of 1989) �� O a ® a .LZ AN ORDINANCE ZONING THOSE PARCELS INVOLVED IN Tdr LAND 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 ' 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 Facility; 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 I 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 l euox 6u8 pa,;` ?V 1 P 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 , 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 by law by the City Council of the City of Aspen on e %) day of 1989 . d � �- 'ATTEST. • � Y Kath.ryne., Koch, City Clerk Kichael- Gassifiw, r4ayor Pro Tem BOOK f 0S FINALLY, adopted, passed and approved this day of 1989. William L. Stirling, Mayo J .4 ryn .;Koch, City Clerk p caps;cc.ord �...;.i�• At •.T! .,,y a �' him EXHIBIT z Z N n'= ACCESS rASE*'ENNT GRANT AND AGREEMEN— s off O a 0 o� THISRANT OF EASEMENT AND AGREEMENT mane ana entered into this day of Ju Jp� T�' ` 1989, by and between TH'S CITY OF ASPEN, COI,ORADO, a home rule municipal corporation ("Grantor"), and D7.ACO, INC., a Colorado corporation ("Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property located within the City of Aspen, county of Pitkin, State of Colorado, and further described in Exhibit "A" annexed hereto and made a part hereof; and WHEREAS, Grantee is `.11e ovner cf certain real property abutting the aforementioned property, lc:^ated within the City of Aspen, County of Pitkin, State of Colorado, as further described in Exhibit "H" incorporated herein and ma?e a part hereof; and WHEREAS, Grantcr has agreed to grant to Grantee a perpetual non-exclusive access easement over and across that portion of the real property described in Exhibit "A" under certain terms and conditions hereafter enumerated; and WHEREAS, the Grantee has agreed to accept said easement under the terms, conditions and agreements hereby specified. NOW, THEREFORE, in consideration of Ten Dcllars (S10.00) and other good and valuable: consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: • i�y—rw.� ` �': � �'<< ... Doi �' ` *.�' I GRANT OF EASEMENT Grantor hereby grants and conveys to Grantee, its successors and assigns forever, a perpetual nonexclusive access easement over and across that real property described on Exhibit "A," under the terms an-1 conditions hereafter set forth. The easement shall constitute a covenant running with the land described in Exhibits "A" and "B" and a burden and benefit thereto. II PURPOSE This access easement shall be used solely for the unobstructed access to and from Grantee's property, as described on Exhibit "B". III LIMITATIONS RESERVATIONS TO GRANTOR The use hereby granted shall.. be limited exclusively to the sccess 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 the use of the adjoining lands owned by the Grantor. The Grantor shall have the right to grant other nonexclusive easements over, along or upon the easement premises. ..r. ^+a-r! .. •.0 . '-J _ i•u.. P �. _ .. �.• .. ... �7;T.ti: i?�wTlC i.tlt�•+.:. L�, f Grantor hereby reserves the right to use or grant the 4 use of the easement premises in any manner at any time; provided that such use may not prevent or unreasonably interfere with the exercise by the Grantee of the rights granced hereunder. Grantee agrees not to interfere with the rights of Grantor for the use of the property encumbered hereby. Crantor hereby reserves the right to modify and change the location of said easement provided that such relocated easement shall be of the said character and subject to the same ! uses as herein established in favor of the Grantee, ana equally suitable for the purposes pursuant to which this easement is ' created. ' OBSTRUCTIONS Grantor and Grantee each agree not to cause or suffer any obstruction that would impede or interfere with the said access easement. Grantor shall, however, have the right to place appropriate traffic control signage and devices of general _l:plication on the easement. ' v CONSTRUCTION AND MAINTENANCE Grantor shall be responsible for constructing the easement. Grantor shall police and maintain the easement. 3 v 1 VI INDEMNIT_ES/INSURANCE Grantor agrees to indemnify and hold harmless the Grantee from any claims or losses arising from the construction and maintenance of the ac:-ass easement, except those claims arising from the negligent or careless acts of Grantee, its successors and assigns. Grantee agrees to indemnify and hold harmless the Grantor from any clams or losses arising fror„ the use of the easement by itself, its employees, agents and invitees, except those claims arising from the negligent or careless acts cf Grantor, its successors and assigns. Each party shall purchase and maintain cazualty and liability insurance, as its interests may appear, in such amounts and ty.2s as it deans prudent. Any policy purchased by a part,.. hereto shall contain a waiver of the right of subrogation against the other party hereto. VII CARE Grantor agrees to use reasonable care in the construc- tion of said access easement to avoid damage to the Grantee's land and improvements thereto. Appropriate trading, planting and repair of Grantee's property shall be in compliance with City Engineer construction standards or by separate agreement. 4 c VIII 1 � WHOLE AGREEMENT I ' It is expressly agrend that this agreement contains the entire understanding of the parties relevant to the subject f. matter hereof, and there are no oral or written representations, 1 agreements, warranties or promises pertaining to the subject matter her•^f not expressly incorporated in this writing. IX MODIFICATION I It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants ;. can be modified, changed, terminated, amended, superseded, waived or extended except by an appropriate written instrument duly executed and subsequently recorded by all parties. X ' SEVERABILIZY- 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 will be substi- tuted for the affected provision, a valid, enforceable provision as similar as possible to the affected provision which shall, to the maximum extent possible, provide for the intent of the parties as set forth in the original provision. .i. C' 5 � - 1 11 1' . .� .� �r �`�►ti � `� � ,Zt � -�1:.' +� tirr�• ....... -� �+.. •v�.w • _ _�^+�.�"7(�-r�•.J[ • 1 �:rJa1��:"��. �� . `t .. 1 1 1 1 1 1 1 1 1 1 1 1 N1,T'JRE :)F EMIEMENT The area coverou by this easement as described in Exhibit "A" is intended to be a public.- right-of-way subject to all rights, rules, regulations and crd'.nances of the City applied to public rights -of -way. This easement, therefore, shall be junior to such public rights and obligati,ins and, therefore, effective only at such time and to such extent as the subject property described in Exhibit "T," shall, if ever, no longer be and constitute a public right-of-way, and/or shall not be otherwise dedicated or constituted as a public right-of-way, or the right of free and unrestricted access (subject to reasonable traffic controls) to the property described in Exhibit "B" shall be affected. XII TITLE 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 commitment policy issued by a local title company. XIII DISPUTES In the event of a dispute between the parties over the relative rights and obligations contained herein, the complaining party shill first send written notice of its complaints to the 6 r- ,'- h, 1 other party, which notice shall contain a description of the complaint(s) and the requested curative action and also establish a reasonable time to cure. XIv NOTICES All notices, communications or written devices shall be mailed by certified mail, return receipt requested, to the address depicted herein. All notices shall be d.:emed effective two (a) business days after proper mailing. Grantor: 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 seals on the date and year above shown. y CITY OF ASPEN, COIARADO B Y� Kat t K ch, City Clerk William L. Stirling, Mayor DRACO, INC. c/;/b/a CAP'S AUTO SUPPLY ATTEST: / D. Stone Davis, Presiic�nt��d� , (Notarial clause on following page) 7 �•d: -- LET T,'J�. .�. �. ,.. ` .• .� .. �• •D• ��.� .�.• � c 1 4 STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this ,IL6✓ day of 1989, by William L. Stirling as Mayor and Kathryn S. Koch, as City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. l .` \\DTAhy A INotar P blicddre 1 r t4•y commission expires: GSE\056 8 r. ""A Gi"!S' ?55 IDESCRIPTION - ACCESS I r'c; E'SS4=^' A parcel of land locate9 in Section 7, :t;wnship 1C South, Ronce 84 west. of tie 6 th P.M., said parcel being mere particularly described follo'..s: rP7lnninc at a wlrt on t~e easterly cht-ofway -ne of M1j1 Street in the of JLr_'n, Count'i o` e':t}::nr State of Colorado, %'')C•nce the North-zst corner of Lot A, Block H of said Tow --site of FLpen bars S 14'50'49" K a distance of 26C.35 feet the true point of ginning; thence S 74'52'C5" - a distance of 23.02 feet thence 2.96 feet alone t^.e arc of a curve to the left, said curve having a radius of 2.10 feet, a central angle of 84'48'50", and a chord which hears N 62'42'30" E, a distance of 2.70 feet; thL-nce 1; 2^'19'C5" E a distance of 20.90 feet; thencr. N 65'19'C5" E a distance of 7.07 feet; thence S 69'40'55" E a distance of 41.53 feet; thence 7. 85 feet along the arc of a curve to the '_eft said curve havina a radi.:: of 5.00 feet, a central ancle of 9(`'00'C0', and a chord bearing N 55'19'05" E a distance of .07 feet; thence N 2C'19'05" E a distance o' 67.46 feet; thence S 55'0014- E a distance of 24.81 feet; thence S 2,'19'C5" t^ a distance of 81.40 feet; thence S 33'42'32" w a dictar•ce of 43.81 feet; thence 13.04 feet along the arc of a curve tc tha right, said curve having a radius of 50.00 feet, o central angle of 14'56122" and a cord which 'rears N 30'40'46" W a distance of 13.00 feet; thence N 73'37'45" w a distance of 77.81 feet to a mint on said easterly riche-of-wav line of Mill Street; thence r 14'S0'49' E alone s.3id easter'y richt-of-.:ay line of Mi11 Street a distance of 25.17 feet to thy_ :Lue mint of c:.;:rning. Said ccrcel contains C.14 acres mere or le_s. r. it ' � ... ...w•.. ' � 1 �r .� � �� w. ....� � . rSaL.Li-a : . •. n."'►^,��!I"�'�Y ti.+r:%+�. �w�"'...�J� A carcei of land located in Section 7, 'Township 10 South, Range 84 hest of the 6th P.M., said parcel being rmre particularly described as follows: Pe?in.ninc at a point on the easterly richt-of•-way line of Mill Street in the Tow-rsite of Asmen, Countv of Pitkin, State of Colorado, whence the Northwest corner of Tot A, Block 86 of said Townsite of Aspen bears S 14'50'49" 1+ 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 cu^,e having a radius at 50.00, a central wgle of 51'56'15" and a chord wn ch bears S 49'11'02" E a distance of 43.79 feet; thence S 75'05'11" E a distance of 13.04; thence S 14'50149" w a distance of 50.26 feet to a point can the south line at a parcel of land described in Book, 316 at Page 972 of the records of tie Clerk and Recorder, Pitkin County, Colorado; thence N 75'09'11" l; alone said south line a distance of 130.19 feet to the True Point of 2ecinnina. Said parcel contains 0.19 acres more or less. 1 r EXi iIE,T I P.O. 2155 SCHMUESER GORDON MEYER INC. Asp BOX Aspen, Colorado 81612 Fax 7 Fax EXHIBIT 4 (303)3) 92925-4157 r,l F r. September 3, 1993 Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 CONSULTING ENGINEERS d SURVEYORS RE: Cap's Auto Parts, Office Growth Management Application Engineering 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 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 supply 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 J IJ 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) Sanitary 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 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 strong 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. MUESER GORDON MEYER. INC. 71 September 3, 1993 Mr. Sunny Vann Page 3 (d) Storm Drainage 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) Parking 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. �J ay W. Hammond, P.E. Principal, Aspen Office JHAh 93151ER SCHMUESER GORDON MEYER. INC. 1 Ll �I u APPENDIX C EXHIBIT 1 r_J VANN 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 financial institution in the O, 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 staffs position that a bank is considered to be a business and professional office, and as such is permitted by right within the O, 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 (i.e., 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 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. atus\city.ltrUtr23193.111 VANN 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 financial institution in the O, 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 staffs position that a bank is considered to be a business and professional office, and as such is permitted by right within the O, 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 (i.e., 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 Hockins Avenue • .ascen. Coicraco 81611 •303i925-6958 - Fax 301920-9310 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, SV:cwv cc: Kurt Adam Leonard W. Oates, Esq. Arthur C. Daily, Esq. c'bus\ciry.1tr•1tr2i193.111 J0. 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 ASSOC1ATcS Planning C: resu:tants 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 wall 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 Hopkins avenue • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 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 O, 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, VANNN6ASSOCIATES 4 r Sunny Vann, AICP t le SV:C I* Enclyure cc: D. Stone Davis c:\bus\city.Itr\1tr32096.dm 1 Join us at: The White Hall 600 White Ave. Grand Junction, Colorado (Corner of 6th and White) Thursday October 24 and Friday October 25, 1996 Public Parking Available R-5 High School at 310 N. 7th (one block east) For more information: (970) 248-7310 ea s0 c cZv o x x = 2 n = GRAND AVE. F, N WHITE HALL 18 WHITE PARKING ROOD oowNTowN MAIN ST. COLORADO UTE AVE. PITKIN AVE. Recommended Hotels Horizon Drive (Airport exit 5-miles from Downtown) Holiday Inn (s4v4-per) . . . . (970) 243-6790 Hilton Hotel (s5914-per) . . . . (970) 241-8888 Howard Johnson (s3ttl2-per) . . (970) 243-5150 Budget Host (s38/h s4Vd) . . . (970) 243-6050 Best Western (s43/as48id-s5reld). (970) 245-4141 Days Inn (s38is-s44id) . . . . . (970) 245-7200 Downtown (within walking distance) Hotel Melrose (s32.504437.50id) (970) 242-9636 Jct. Country B&B (s4i/ss69id+)(970) 241-2817 Two Rivers Inn (s34i. s39/d) . . (970) 245-8585 Value Lodge (s331. s40/d) . . . (970) 242-0651 Cider House (s3sis ssoid) . . . (970) 242-9087 aax zcnz�+ 0 c,c��dx oarz Cr v rn coMzo z z z >ra N (�0 N CgaQa (i 080 00 A o� e. Keeping Downtowns Healthy What Works, What Doesn't What's New Puri n October 24 & 25, 1996 Grand Junction, Colorado Current Downtown Issues Tour of Downtown Grand Junction Reception Featuring Wine and Micro Brew SPONSORS Colorado Historical Society Colorado Community Revitalization Association Grand Junction Downtown Development Authority Colorado Community Revitalization Association (CCRA) PRESENTS Keeping Downtowns Healthy October 24 and 25, 1996 Please circle one: Members $65.00/person Non -Members $85.00/person Membership & Conference $100.00/person (CCRA Membership normally $75.00 - with conference $35.00) Nam Address Phone_ ( _ I Community_ No. Attendil Total Paid $ Make Checks Payable to CCRA (Invoices upon request, Company POs accepted) Mail To: CCRA - c/o Jon Schler 222 S. 6th Street, Room 409 Grand Junction, CO 81501 *For more information call* (970)248-7310 Keeping Downtowns Healthy October 24 and 25, 1996 Grand Junction, Colorado WHAT WORKS, WHAT DOESN'T & WHAT'S NEEDED - conference on approaching downtown improvements in a comprehensive way. Thursday, October 24 11:00 AM. - 1:00 P.M. REGISTRATION 1:00 P.M. - 1:15 P.M. WELCOME & ANNOUNCEMENTS Jon Schler, Colorado Center for Community Development 1:15 P.M. - 3:00 P.M. OVERVIEW OF APPROACH Keynote Speaker: Rod Keeling, Tempe, AZ Downtown Community Inc. Speakers: 'Kim Grant, Historic Denver - Formerly Kansas Main Street Program *Elmo Baca, New Mexico Main Street *Beth Spokas, Colorado Springs - Formerly Pennsylvania Downtown Center 3:00 P.M. - 3:15 P.M. BREAK 3:15 P.M. - 5:00 P.M. TOUR OF MODEL PROJECTS (meet at the White Hall) Grand Junction DDA See how concepts in marketing, economic development and design were carried out in projects such as the Avalon Theater, Art on the Comer, facade improvements, landscape, signage and public parking. 5:00 P.M - 6:30 P.M. RECEPTION Wine/Micro Brew 6:30 P.M. DINNER -on your own CONFERENCE SPONSORS Colorado Historical Society Colorado Community Revitalization Association Grand Jct. Downtown Development Aurthority WHAT OTHERS DO, WHAT YOU NEED - panel presentations and discussions. Friday, October 25 7:30 A.M. - 8:30 AM. WELCOME - Continental Breakfast 8:30 AM. - 10:00 AM. MARKETING/PROMOTION Panel: Joe Marchione, Denver Maralan Hutchins, Durango Tanya Spasev, Fort Collins Moderator, Barb Creasman - Grand Junction 10:00 AM. - 10:15 AM. BREAK 10:15 AM. - 11:45 A.M. DESIGN Panel: Ed Chamberlin, Grand Junction Nore Winter, Boulder Maralan Hutchins, Durango Moderator, Elmo Baca - New Mexico 11:45 A.M. - 1:30 P.M. LUNCH BREAK - on your own 1:30 P.M. - 3:00 P.M. ECONOMIC RESTRUCTURING Panel: Brad Segal, Denver Molly Winter, Boulder Felicia Hannon, Loveland Moderator, Beth Spokas - Colo. Springs 3:00 P.M. - 3:15 P.M. BREAK 3:15 P.M. - 4:45 P.M. ORGANIZATION Panel: Rod Keeling - Tempe, Arizona Maralan Hutchins - Durango Kim Grant - Historic Denver Felicia Harmon - Loveland Moderator, Colleen Hannon - Gunnison 4:45 P.M. - 5:15 P.M. CLOSING - Your Resource Needs Moderator, Jon Schler- Grand Junction CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 09/15/93 PARCEL ID AND CASE NO. DATE COMPLETE: U 340 3 2737-073-18-001 A50-93 STAFF MEMBER: kL IML PROJECT NAME: Cap's Auto Supply Commercial GMQS, Special Review & Vested Rights Project Address: 210 N. Mill St. Legal Address: APPLICANT: Aspen Valley Bancshares, Inc., c/o Oates, Hughes & Knezevich Applicant Address: 533 E. Hopkins Ave., Aspen, CO 81611 REPRESENTATIVE: Sunny Vann Representative Address/Phone: 230 E. Hopkins Aspen, CO 81611 925-6958 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $3925.00 # APPS RECEIVED 21 ENGINEER $ 234.00 # PLATS RECEIVED HOUSING $ 140.00 ENV. HEALTH $ TOTAL $4299.00 TYPE OF APPLICATION: STAFF APPROVAL: P&Z Meeting Date Dec. It, PUBLIC j54 rr�(�,y 27hhVESTED CC Meeting Date reuci�' 1Ana4th PUBLIC VESTED DRC Meeting Date S I OII q 6-� ------------------- REFERRALS: City Attorney X City Engineer X Housing Dir. Aspen Water City Electric Envir.Hlth. ( Zoning 1 STEP: HEARING: ES RIGHTS: YES HEARING: RIGHTS: FYES Parks Dept. Bldg Inspector X Fire Marshal Holy Cross Mtn. Bell X ACSD X Energy Center DATE REFERRED: /a // h ; INITIA FINAL ROUTING: DATE City Atty City Engineer Housing Open Space FILE STATUS AND LOCATION: 2 STEP: X NO NO NO NO School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other S : DUE: l/ �i 9 3 ---------------- ------------- ---------------------------- ROUTED: INITIAL:ZJ Zoning Env. Health Other: 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 agreement 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: 1994. S, (3 Joh S. 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 0 resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held 1994. jw114.1 04 Kathryn NKoch, City Clerk 366537 B-740 P-791 02/04/94 09:17A PS 1 OF 2 REC DOC SILVIA DAVIS PITKIN rpINTY CIFRK & RFCDRDFR 10.00 WAIVER OF RIGHT OF FIRST REFUSAL WHEREAS, by written Right of First Refusal, dated 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 into a long term lease of the Property to ASPEN VALLEY BANCSHARES, INC. ("Bank"), which lease shall contain 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 to 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 not 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 to the Bank containing an option permitting the Bank in the future to purchase the Property for its fair market value at the time the Bank shall exercise its option to purchase the Property, also hereby waiving its Right of First Refusal for purpose of any such future sale to 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 condition 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: J�l , 1994 THE CITY OF ASPEN 64 Att t: By: 3- z c John . Bennett, Mayor Kathryn Ko , City Clerk STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoi g instrument was acknowledged before me by John S. Bennett, as Mayor, and Kathryn Koch as Clerk of the City of Aspen, this �� y of /J , 1994. Witness my hand and official eal. My commission expires: 5� otary Public Page 1 of 2 • THE FOREGOING WAIVER IS ACCEPTED BY ITS TERMS. DRACO, INC By: 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 day of , 1994. 1vi� Witnes my hand and official eal. Win'. '' a My commission expires: �C 00 r . � �►I-7 Notary Pu is ASPEN VALLEY BANCSHARES, INC. By: A 2 Kurt E. Adam, Presl en 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 J3dday of 911994. Witness my hand and official ral. �Lg My commission expires: � (SAL) Notary Pu o� 366537 B-740 P-792 02/04/94 09:17A P6 2 OF 2 Page 2 of 2 asp-vall.bak\waiver C, ORDINANCE NO. a (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 24-8-104(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 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 the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be considered conditions of approval, unless amended by other conditions. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, 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 regard, 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: 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 TO: THRU: THRU: FROM: DATE: • V11 b MEMORANDUM Mayor and City Council Amy Margerum, City Manager Diane Moore, City Planning Mary Lackner, Planner February 28, 1994 Direct_�A or RE: Cap Is 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 I'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 the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be considered conditions of approval, unless amended 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 0 0 Exhibit A VANN ASSOCIATES Planning Consultants December 13, 1993 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin 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: e 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 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. 230 Fast Hopkins Avenue • Aspen, Colorado 8161 1 •303/925-6958 • Fax 303/920-9310 E 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. Yours VANN ZSOCIATES Sunny Vyn, AICP SV:cwv Enclosure cc: Kim Weil Arthur C. Daily, Esq. c:\bus\city. itrVtr23193. ml1 • / SCHMUESER GORDON ,HE'/EA J z_ -P, COlOril 6' 13(,.' 925r57 L F�,. (303) 92_ ! September 3, 1993 CONSULTING ENGINEER$ i SURVEYORS) - Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 RE: Cap's Auto Parts Office Growth Management Application Engineering 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., Comm6 r ial and office development standards. Introduction The Cap's property is located at 210 North Mill Street on the "Caps' Auto" (Draco Inc.)/Cary of Aspen Land Exchange Subdivision. The site currently iuludes 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 hi . plan to mill and overlay the street, preferably early in the summer construction season. Jack hs.s suggested that any anticipated excavation work to support an approved office expansion be ct-mpleted as soon as possible in 1994 to avoid cuts into the new pavement. With regard to the requirements of Aspen Coue Section 6-109 F. (2), Availability of public facilities and services, I offer the following comments: (a) Water supoly and fire protection Fused on my meeting with City of Asper `.Hater Superintendent Larry Ballenger, the site is currently served by a 6 inch diameter c:1st 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 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) Sanitary 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 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 strong 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 19F'7. North Mill Street is under its available capacity at this time. An additional, and conservative, 15 vpd represents a minimal percent increase in adlacent 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 minimi; a the additional vehicular activity it will actually generate. No changes to the area street system are required by the Cap's building expansion proposal. September 3, 1993 Mr. Sunny Vann Page 3 (d) Storm Drainage 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) Parking 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; 1,000 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 Nill 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*;ig 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. �ayy W. Hammond, P.E. Principal, Aspen Office .; W h 93151 ER A5PEN VALLEY BANK %nKi,-== UPPER LEVEL W/h�YL16F{7 SCALE: 5EPTEMBER 15, IcM5 IZ • 13R3 C. A5PEN VALLEY BANK -- BUILDING SECTION SCALE `�- O �T GONGEPTUAL PE516N SEPTI=TiBER 15,1993 --� fZ•13.�j3 • • 0 Exhibit B GMQS EXEMPTION FOR AFFORDABLE HOUSING SECTION 24-8-104 (C)(1)(c) 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 conditions to City Council. 0 0 Exhibit C RESOLUTION OF THE 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-.�,U_ 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 grant approval for Special Review for reduction of three on -site parking spaces 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. �I 2. The applicant shall designate two parking spaces on -site for use by the affordable housing units. 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: J n Carney, D puty City erk reso.apz.gmgs.caps Planning and Zoning commission: W. Bruce Kerr, Chair 0 0 Exhibit D seen consolidated'�aniiation �istYlCt,. 565'North Mill Street' Aspen, Colorado 81611 - { Tele. (303) 925-3601 J FAX N(303) 925-2537 iy Kelly'- Chairman _ _ �, :. - Albert Bishop Tohn J. Snyder - Treas." Frank Loushin _,ouis Po ish " S �JtlR`" Bruce Matherl , M P _�3'- Y g r November 1, 1993 Mary Lachner Planning Office _'_130 S. Galena Aspen, CO 81611 Re: Cap's Commercial GMQS Dear Mary: -The Aspen Consolidated Sanitation District currently 'as sufficient line and treatment capacity to provide service tar this development. The total connection fees associated with the project can be estimated once detailed plans are available. 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 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 prior to connection to our system. If the existing service line is approved by our line superintendent for use, then fees mt.:lt be paid 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--i-. �? been 1--ol:nd water problems -associated -with development in this area. =•-Please call if you have any.questions. Sincerely, Bruce Mathe ly District Manager • TO: MARY LACKNER FROM: BILL EARLEY DATE: OCT 18, 1993 RE: CAP IS 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. • MEMORANDUM To: Mary Lackner, Planning Office Thru: Bob Gish, Public Works Director From: Chuck Roth, City Engineer &K 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: 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 applied "n. The applicant should note that the dumpster is currently located off of the applicant's property, on the Citv Parking Plaza property. 3. Sidewalk Curb 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 >>eet 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,,,posal is acceptable. Note that a street light will also need to be relocated. 0 r� u 5. Special Review for Parking This same comment section is being written for all three of the 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 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 statement must be evaluated more as a statement of apparent economic feasibility than as an enygineering or construction comment. That is, it might he possible to provide on - site parking, but the costs mi�7ht 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 parkin; 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 davtime office or commercial parkiny(T may have less of an adverse impact. hilt it would appear that on -site spaces should he 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 such a recessed enclosure into an historic build;ng represents a compromise of the historic building. h. Roof Snow and Ice Shed It is not apparent from the drawings that roof snow and ice shed onto put'lic sidewalks and other public spaces will not be a problem. It is recommended that a si ,w '- and ice shed drawing he required in order to identify the areas of those impacts. • 7. Work in the Public Right-of-way 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 vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). 0 MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, City Engineer e� 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 (ma)dmum 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 gny 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.M • • 0 MARY LACKNER MESSAGE DISPLAY 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. a To: Aspen/Pitkin Planning Office n al', 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 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 1.25 employees 1 - 1 BR unit @ 1.75 residents/unit 1.75 employees Total 3.00 employees Percentage of employees housed: 3.0 / 2.43 = 124% Points Awarded: 1 point / 6 % up to 60 % _.0 =)ints 1 point / 8% above 60% 100. % - 60 % = 40 % / 8 % = 5 -vints Total L5 ccints Affordable Housing Priorities Identified by Housing Guideli, : The 1993 Affordable Housing Guidelines establish priorities for affordable housing mitigation associated with COUIM,4-ctal development. The current priorities are for construction of j-Asite 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. • • Recommendation: Forward the application to the planning office with the following comments: The applicant scores 15 points for the provision of a studio unit and a one bedroom unit restricted to Category Two occupancy and rental price guidelines. The provision of onsite, Category Two rental units is consistent with one priority established in the 1993 Housing Guidelines. )ARINQ FORK ENERGY CENTER , • 342 MAIN STREET • CARBONDALE. CO 81623 963.031 NOV - 2 November 1,.1993 TO.. Mary Lackner -Aspen/Pitkiii Planning Off ice _ ••'FR:' .Steve Standiford - Director , RE ; Comments on:.Caps Auto Supply Coriimercial .GMQS Allotment The foYlowing.comments are directed -at the energy: conservation "e'atures of. the proposal from• .Cap's Auto Supply. as -'listed on page 25 bf .•the application, There are .not ariy details from which to perform a..review of the energy components of -the proposed development- ur�her', jUst'meeting the "minimum requirements of.the Model Energy.. Code"'.does not -.nece'ssarily mean this proposal wi11 be,energy . efficient and deserving of the maximum amount of .points :.available:.: We would like to see the detailed -design of the building when t is completed.. At that point, we can. perform an energy analysis 'with • comments:: 0 C M1 MESSAGE DISPLAY 20 Mary Lackner CC Bob Gish �C Kristin Sund =rom: Larry Ballenger ?ostmark: Oct 18,93 4:38 PM Status: Previously read Subject: Cap's Auto GMQS ------------------------------------------------------------------------ 4essage: Phe Water Dept. has no concerns, objections and/or comments on the ;MQS/Special Review on the Cap's Auto Supply Commercial Application. '. • ORDINANCE NO. 2 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR THE CON- STRUCTION OF TWO AFFORDABLE HOUSING UNITS FO 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 245104 (C) (1) (c) of the Aspen Municipal Code, City Coun- clii 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 construc- tion of two affordable housing units in conjunc- tion 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 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 for three parking spaces as outlined in Plan- ning and Zoning Commission Resolution 93- and WHEREAS, the Commission voted 5-0 to rec- ommend approval to City Council the GMQS Exemption for the development of two deed restricted affordable housing units to the Cate- gory 2 icome 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, COL- ORADO: Section 1: That it does hereby grant GMQS Exemption for two Affordable Housing units to be located in the redeveloped Cap's Auto Sup- ply Building pursuant to Section 24.8- 104(C)Q)(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 AspeniPitkin County Hous- ing Authority for approval prior to issuance of 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 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 the applicant in the application and during public meetings with the Planning and Zoning Com- mission and City Council shall be considered conditions of approval, unless amended by other conditions. • Section 3: Purs$ uant to Section 24207 of the Municipal Code, 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. Howev- er, any failure to abide by the terms and condi- tions attendant to this approval shall result in forfeiture of said vested property rights. Fail- 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 of said vested rights. 2. The approval granted hereby shall be sub- ject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific 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 of a vested prop- erty right shall not preclude 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 of 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 all such bulling, fire, plumbing, electri- cal 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 fib, Colorado Revised Statutes, pertaining to the following described property: 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 28th day of February, 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Ffteen (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 Council of 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 • \111b MEMORANDUM Mayor and City Council THRU: Any Margerum, City Manager THRU: Diane Moore, City Planning Director FROM: Leslie Lamont,.Senior Planner DATE: January 24, 1994 RE: Adoption of Resolution # 3 , Allotting Commerical/Office Square Footage in the Office Zone District from the 1993 Growth Management Quota System SUMMARY: Growth Management allotments are granted through resolution adoption by City Council. Attached is Resolution #�Z 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 for a bank building located at 210 North Mill Street, 810 square feet of net leasable requested; and 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: "I move to ad i • Resolution # 3 (Series j" CITY MANAGER'S COMMENTS: Resolution # 3 (Series RESOLUTION NO. (Series of 1994) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING COMMERCIAL/OFFICE DEVELOPMENT ALLOTMENTS IN THE OFFICE ZONE DISTRICT FOR 1993 UNDER THE GROWTH MANAGEMENT QUOTA SYSTEM i WHEREAS, Article 8 of Chapter 24 of the Aspen Municipal Code sets forth a growth 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 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 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'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 i • Commission Resolution #93-33; and WHEREAS, the Planning and Zoning Commission has recommended that the Stape Limited Liability Company project development allotment Of � be allocated a 2,423 square feet of net leasable Pursuant to Commission Resolution #93-32area ; and WHEREAS, no challenges 9 to the Planning and Zoning Commission' scoring have been submitted to the City s Council as allow Section 24-8-106.I, ed Under Of the Aspen Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O OF ASPEN, COLORADO F THE CITY THAT: Section 1: In accordance with Section 24-8-106.J. of the Aspen the Aspen CityP n Municipal Code, Council does hereby grant to the Caps Auto Su project a development allotment of 810 square fPPlY feet of net leasable space from the 1993 commerical growth management Section 2• quota. In accordance with Section 24-8-106.J. of the Aspen P n Municipal Code, the Aspen City� Council does hereby grant to the Stape Limited Liability Company project a development allotme feet of nt of 2,423 square net leasable space from the 1993 commerical growth management quota. Section 3: In accordance with Section 24-8-108 of the As e the development allotmentP n Municipal Code, s as awarded herein shall expire on the 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, or r obt� Dam I, a that adoP meet - or unless an • • exemption from or an extension to the approval is commended obtained. ocated Date: a 1994. ble area John Bennett, Mayor ssion is 1, Kathryn S. Koch, duly appointed and acting City Clerk ' that the foregoing 1s a tdo certify Under- rue and accurate co adopted b PY of that resolution y the City Council of the City of Aspen, Colorado at a meeting held iE C2Ty 1994. Kathryn s. Koch, City Clerk :'ode, PPly ,able de, ted re th • til MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Director r, FROM: Mary Lackner, Planner DATE: January 24, 1994 I C, RE: Cap's Commercial GMQS Exemption and Vested Rights- First Reading of Ordinance �, 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: 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 "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. 0 El 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 the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be considered conditions of approval, unless amended by other conditions. PROPOSED MOTION: "I move to have first reading of Ordinance c2.-�, 1994 for approval of the Cap's Auto Supply GMQS Exemption for two Category 2 Affordable Housing units and vested right approval." CITY MANAGER COMMENTS: Ordinance 1994 Exhibits: "A" Application Packet "B" GMQS Exemption Review Criteria "C" Planning and Zoning Commission Resolution "D" Referral Comments 61 0 0 Exhibit "fin VANN ASSOCIATES Planning Consultants December 13, 1993 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin 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 . v*; 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 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. 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 Weil Arthur C. Daily, Esq. c:\bus\city.Itr\Itr23193.m11 SCHMUESER�QRDON MEYER INC. September 3, 1993 Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 a. Box 2155 1\s -n, Colored i31,•4 925-672, F� (303) 92:. CONSULTING ENGINrERS • SURVEYOR. ; RE: Cap's Auto Parts Office Growth Management Application Engineering Report Dear Sunny: 6'- 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., Comm6 r ial and office development standards. Introduction The Cap's property is located at 210 North Mill Street on the "Caps' Auto" (Draco Inc.)/Cary 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 hi : plan to mill and overlay the street, preferably early in the summer construction season. Jack hs ,s suggested that any anticipated excavation work to support an approved office expansion be ci mpleted 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 supply and fire protection Erased on my meeting with City of Asper .1vater 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) Sanitary 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 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 woul,a 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 strong 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 i 9t'7. North Mill Street is under its available capacity at this time. An additional, and conservative, 15 vpd represents a minimal percent increase in adiacent traffic volumes. In addition, the very strong transit serving the site and its location 1vlthin walking distance of the other businesses of the commercial core will further minimi -!) the additional vehicular activity it will actually generate. No changes to the area street system are required by the Cap's building expansion proposal. MUESER GORDON MEYER, INC. September 3, 1993 Mr. Sunny Vann Page 3 (d) Storm Drainage 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 oet 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) Parking 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 pF 1,('00 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 �,Vill 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' ig 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 rlor 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 ea..Ay 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. �ayy W. Hammond, P.E. Principal, Aspen Office J i4h 93151ER SCHMUESER GORDON MEYER, INC. t,oppr 171111 ASPEN VALLEY BANK WALA, thK-YL-16HT To w5F--Lz-vl a. Orrice 'a0p,-05 II 5GALE: nnmr.;=P-m IAI SEPTEMBER 15, 1995 11 Iz - 101-al 21 F-I ' ASPEN VALLEY BANK WLDIN& SECTION SCALE: 1/8'= I'-O' U? ,F, - LZW= ,CYV� .cV6L ✓EVEL GONGEPTUAL DESIGN 5EPTEMBER 15,1993 I Z • -i • 0 0 0 Exki.� it It. LS `I GMQS EXEMPTION FOR AFFORDABLE HOUSING SECTION 24-8-104 (C)(1)(C) 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 conditions to City Council. 0 4) Cx hi 6i f X% C 0 RESOLUTION OF THE 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-lu 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 grant approval for Special Review for reduction of three on -site parking spaces 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. 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: J n Carney, D puty City Clerk reso.apz.gmqs.caps Planning and Zoning Commission: W. Bruce Kerr, Chair .r seen _ onsolidated anitaiion istVict,� 565'N6rth Mill Street - Aspen, Colorado 81611 T ,.. �A � Zble. (303) 925-3601 FAX #(303) 925-2537 3y Kelly ±Chairman - Via'= Albert Bishop John J. Snyder - Treas.,,,,,,;, Frank Loushin ,ouis Popish =SecYBruce MatherlY , M gr- November Mary Lachner Planning Office 130 S. Galena Aspen, CO 81611 Re: Cap's Commercial GMQS Dear Mary: The Aspen Consolidated Sanitation District currently gas sufficient line and treatment capacity to provide service for this development. The total connection fees associated with the project can be estimated once detailed plans are available. 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 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 prior to connection to our system. If the existing service line is approved by our line superintendent for use, then fees m.:-�t be paid 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-i•. ;4 been T-n1:nd water problems associated with development in this area. Please call if you have any questions. Sincerely, Bruce Mathe ly District Manager i�Ci ► g J`-� 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. MEMORANDUM To: Mary Lackner, Planning Office Thru: Bob Gish, Public Works Director From: Chuck Roth, City Engineer &K 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: 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 on. 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 exception of several small areas of sidewalk that must be patched in order to neet Cary Code requirements of Sections 19-103 and -104. 4. Parkina 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 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 the 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 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 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 he 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 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 pO,lic sidewalks and other public spaces will not be a problem. It is recommended that a sr, ;w and ice shed drawing be required in order to identify the areas of those impacts. .7 7. Work in the Public Right-of-way 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 vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). M9125: • • MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, City Engineer C1p- 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 (ma)dmum 2 points). Considering the degree to w_ hich 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 gny 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 M93.28,i MESSAGE DISPLAY O MARY LACKNER rom: Wayne Vandemark ostmark: Oct 01,93 1:50 PM tatus: Certified Previously read Abject: 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. To: Aspen/Pitkin Planning Office tt 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 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 1.25 employees 1 - 1 BR unit @ 1.75 residents/unit 1.75 employees Total 3.00 employees Percentage of employees housed: 3.0 / 2.43 = 124% Points Awarded: 1 point / 6 % up to 60% 0 .,)ints 1 point / 8% above 60% 100.% - 60% = 40% / 8% = 5 -Ants Total 15 :L cints Affordable Housing Priorities Identified by Housing Guideline -.A: The 1993 Affordable Housing Guidelines establish priorities for affordable housing mitigation associated with COLMLisrclal development. The current priorities are for construction of )-Asite 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. • • Recommendation: Forward the application to the planning office with the following comments: The applicant scores 15 points for the provision of a studio unit and a one bedroom unit restricted to Category Two occupancy and rental price guidelines. The provision of onsite, Category Two rental 'snits is consistent with one priority established in the 1993 Housing Guidelines. )ARINCi FORK ENERGY -CENTER V2 MAIN STREET' • CARRONDALE, C0 81623. '(303)963-0311 November 1,.1993 TO'. Mary Lackher - Aspen/Pitkin Planning Office >iR :' .Steve Standif ord • - Director , .RE; Comments on,.Cap'sAuto Supply Womercial .GMQS .Allotment The following; coinnients are directed *at the' energy: conservation ' "eatures.of the proposal from Caps Auto. Supply ae='listed on page. Of ."the application. There 'are .not. .ariy details from which to •perform a..review of the energy components bf•the proposed development.. 'Further', . just' :meeting the "minimum requirements of -'-the 'Model Energy. . Code".does not.neceeearily mean this proposal will be energy. :. ef'£'ici,ezit... and • deservirig of the maximum amount of , points available:.: -We-would like to 'see the detailed.design of the building when is completed.- At that •point, we can perform an energy - analysis 'with • comments:: XMI MESSAGE DISPLAY i0 Mary Lackner CC Bob Gish 2C Kristin Sund From: Larry Ballenger ?ostmark: Oct 18,93 4:38 PM Status: Previously read Subject: Cap's Auto GMQS --------------------------------------------------------------------------- lessage: Che Water Dept. has no concerns, objections and/or comments on the 3MQS/Special Review on the Cap's Auto Supply Commercial Application. • C� TO: FROM: RE: DATE: MEMORANDUM Aspen Planning and Zoning Commission Mary Lackner, Planner Cap's Auto 1993 Commercial District and Special Review December 21, 1993 GMQS in the Office Zone for Reduction of Parking SUMMARY: This application seeks a Commercial growth management allocation for 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: Aspen Valley Bancshares, Inc., represented by Sunny Vann. 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: O - 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'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 • E. 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 that three phase power is already available in the alley. At the most the transformer may need to be replaced. 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 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 O 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 create a studio unit and a one bedroom unit restricted to the Category 2 income level, in the garden level of the project. These units will mitigate 3.0 employees. 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 affordable housing with monies received from payment of affordable housing dedication fees. 3 3 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. In 11 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 Categories 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 5 • 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 0 0 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: 0 -- A totally deficient design; 1 -- A major design flaw; 2 -- An acceptable (but standard) design; or 3 -- An excellent design. The following features shall be rated accordingly: (a) ARCHITECTURAL DESIGN (maximum 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 design is compatible with the nearbv historic Hotel Jerome. Considering the constraints of the site, the design should complement the Rio Grande and Mill Street streetscapes. The structure has a fair amount of height which is not useable space, while the employee units are in subgrade space. (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 configuration of the affordable dwelling units provides for privacy. The trash area is poorly sited outside of the dwelling unit window wells and along the north facade of the building. The applicant is reconfiguring a portion of the Rio Grande parking lot to accommodate public spaces and to improve traffic circulation. Snow storage for the courtyard and pedestrian areas will be removed by a snow melt system. The nine parking spaces are proposed to be plowed with the City's surface lot, however, no snow storage will take place on site. I (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 application meets the standard requirements 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 courtyard areas have been located to avoid noise and fumes from Mill Street, and will be equipped with benches. Separate bike racks are provided for the residential and commercial components of the project. (e) 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 category does not apply as there are no designated scenic viewplanes in the vicinity of the project. A standard score is given. (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 W • COMMENTS: The trash area, although enclosed, is located outside of the window wells which provide light and air to an employee unit. The applicant's proposal to place a transformer (if needed) in the employee courtyard is generally degrading to that space. Although staff understands that not having alley access creates some difficulties, we believe the trash area is not appropriately sited in relation to the residential dwelling 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: 0 -- Proposed development requires the provision of new public facilities and services at increased public expense; 1 -- Proposed development may be handled by existing public facilities and services, or any public facility or service improvements made by the applicant benefits the proposed development only, and not the area in general; or 2 -- Proposed development improves the availability of public facilities and services in the area. In those cases where points are given for the simultaneous evaluation of two (2) services (i.e., water supply and fire protection) the determination of points shall be made by averaging the scores for each feature. (a) WATER SUPPLY/FIRE PROTECTION (maximum 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 a 0 • COMMENTS: The project can be serviced by existing facilities. No upgrades are proposed 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: There is adequate line and system capacity to provide service to this project. No improvements are proposed by the applicant. (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 proposed development can be serviced by the existing transportation and street system. No improvements are proposed or required to service the protect. (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: Althouah historic drainaae patterns are beina maintained in the proposed development, the existing drainage design is inadequate because of drainage flowing off -site. Due to the proximity of the development to the river, staff also has further concerns about river pollution. Staff would prefer to score the applicant a zero in this category, however, the standards of this 4 10 category allow an inadequate situation to receive a higher 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 applicant has proposed to improve public parking by creating three new spaces in the Rio Grande surface parking lot. Staff, however, does not support the applicant's Special Review request to waive the parking requirement for the residential component of the project. The 9 parking spaces have been located to reduce visual impact along Mill Street and to provide convenience to the structure. Staff is concerned that there is no sidewalk provided at the front of the parking spaces and this may cause some pedestrian and auto conflicts in the parking 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) to sixty (60) percent of the additional employees generated by the proposed development: One (1) point for each six (6) percent housed; Sixty-one (61) to one hundred (100) percent of the additional employees generated by the proposed development: One (1) point for each eight (8) percent housed. The following standard shall be used in calculating the number of full-time equivalent employees generated by the proposed development: Commercial Core (CC) 3.50 to 5.25 employees/1,000 sq. ft. and Commercial (C-1): (net leasable), based on review of the city council's housing designee; 5 Neighborhood 2.30 employees/1,000 sq. ft. (net Commercial (NC) leasable); and Service/Commer. Industrial (S/C/I): Office (0): 3. 00 employees/ 1, 000 square feet (net leasable); Commercial Lodge (CL) 3.50 employees/1,000 sq. ft. net and other: 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 proposed residential dwellina units comply with the housing size, type, income, and occupancy guidelines adopted by the City. Staff does not believe that the subgrade units are adequate, however, points are awarded on a percentage of employees housed. Further discussion of the housina packaae is in the Plannina 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: Planning staff does not recommend the award of bonus points. This is a decision of the Planning Commission. 6 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 0 TOTAL POINTS: 32.25 Name of P&Z Commission Member: Planning Staff 7 0 0 EX k6l 6t " A� 10 VANN ASSOCIATES Planning Consultants December 13, 1993 HAND DELIVERED Ms. Mary Lackner Aspen/Pitkin 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 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. 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. Yours tru SV:cwv Enclosure cc: Kim Weil Arthur C. Daily, Esq. c:\b us \city. R O t r2 319 3. m l 1 V7 September 3, 1993 Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 Box 2155 seen, Colorado 81612 (303) 925-6727 Fax (303) 925-4157 CONSULTING ENGINEERS & SURVEYO RE: Cap's Auto Parts, Office Growth Management Application Engineering 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 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 supply 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 \0 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) Sanitary 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 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 11, "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 strong 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 Drainage 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) Parking 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. �ayy W. Hammond, P.E. Principal, Aspen Office JH/jh 93151ER SCHMUESER GORDON MEYER, INC. Ll 0 ::7 0 10 raj � `` ��,,� I ,, i i � � I I� I � of - p I A5FEN VALLEY BANK UPPER LEVEL W/,,5>'LI&HT 5rALE: Milo= C.ONGEFTIJAL DESIGN SEPT—EMBER 15, lcici5 �1% • E ASPEN VALLEY BANK BUILDING SECTION SCALE: 1/5"=1'-0" GONGEFTUAL 1DE51ON 5EFTEMBER 15,IQcI3 eyk;0 %1 9 tio .aspen Consolidated Sanitation District 565 North Mill Street Aspen, Colorado 81611 Tele. (303) 925-3601 Sy Kelly - Chairman John J. Snyder - Treaa Louis Popish - Secy. November 1, 1993 Mary Lachner Planning Office 130 S. Galena Aspen, CO 81611 Re: Cap's Commercial GMQS Dear Mary: FAX #(303) 925-2537 Albert Bishop Frank Loushin Bruce Matherly, Mgr. The Aspen Consolidated Sanitation District currently has sufficient line and treatment capacity to provide service for this development. The total connection fees associated with the project can be estimated once detailed plans are available. 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 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 prior to connection to our system. If the existing service line is approved by our line superintendent for use. then fees must be paid 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 have been ground water problems associated with development in this area. Please call if you have any questions. Sincerely, Bruce Mathe5iy District Manager G EPA AWARDS OF EXCELLENCE 1976 - 1986 - 1990 REGIONAL AND NATIONAL ZL tick; 64% **1 i • a, 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. `• �xtiibit"p" MEMORANDUM To: Mary Lackner, Planning Office ' r Thru: Bob Gish, Public Works Director From: Chuck Roth, City Engineer &K 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: 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 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, Curb 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 tp Iblic spaces there. I have reviewed this in the field with the Street Superintendent, and the proposal is acceptable. Note that a street light will also need to be relocated. -0 5. Special Review for Parking This same comment section is being written for all three of the 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 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 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 "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 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. Z� 7. Work in the Public Right-of-way 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 vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights -of -way from city streets department (920-5130). MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, City Engineer ele- 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 gny 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 • E TO MARY LACKNER MESSAGE DISPLAY 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 ? twh;o f „ To: Aspen/Pitkin Planning Office 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 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 1.25 employees 1 - 1 BR unit @ 1.75 residents/unit 1.75 employees Total 3.00 employees Percentage of employees housed: 3.0 / 2.43 = 124% Points Awarded: 1 point / 6% up to 60% 10 points 1 point / 8% above 60% 100.% - 60% = 40% / 8% = 5 points Total 15 points Affordable Housing Priorities 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. 2l 0 • Recommendation: Forward the application to the planning office with the following comments: The applicant scores 15 points for the provision of a studio unit and a one bedroom unit restricted to Category Two occupancy and rental price guidelines. The provision of onsite, Category Two rental units is consistent with one priority established in the 1993 Housing Guidelines. FROM FZYW PHONE NO. 9631545 Nov. 01 1993 05:22PM P01 )A4 It: G. . 5��7 ROARING FORK ENERGY, CENTER, o 242 MAIN STREET Is CARBONDALE, CO 81623 4 (303)963-0311 November 1, 1993 TO Mary Lackner -. Aspen/Pitkin Planning Office FR:' Steve Standiford Director RED Comments.on:,Cap's Auto Supply Commercial.GMQS Allotment The following: comttients are directed at the energy: conservation features ,of the proposal from Cap's Auto Supply as listed on page 25 of.the application. There are.not any d.e.tai.ls from which to perform a..review of the energy components of the proposed development. 'Further', jtist meeting the "minimum requirements of -the Model Energy, Code'l does not.neceesarily.mean this proposal will be energy \ eff.icierlt.and deserving of the maximum amount of points available.. ' -We would like to see the detailed.design of the building when it is completed. At that point, we can perform an energy analysis with comments. Printed on recycled paper to help conserve natural resources, 1. • ' • • • exkb,01 N H to MESSAGE DISPLAY TO Mary Lackner CC Bob Gish CC Kristin Sund 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. 3[ GRAND VALLEY CONSULTING ENGINEERS, INC. LEZLIE BROWN JCANNINE CAW v 827 ROOD AVENUE BILL MARSTON ciel ,�� GRAND JUNCTION, COLORADO 81501 CLINT RAI:SMN (303) 245-3177 FAX: (303) 245-4450 RANDY RE"INKLE RODNFY REAVVINKLE KARGN THCOBOLD January 19. 1994 Kim Well William Poss & Associates 605 East Main Aspen, CO 81611 Subject: Aspen Valley Bank Our Job #3132 Dear Kim, At your request. I have reviewed the conceptual design drawings of the Aspen Valley Bank. The review was to determine whether carbon monoxide entering the living units on the tower level could be a problem. In addition, if a problem is Identified, I have researched possible mitigation measures to prevent unacceptable levels of carbon monoxide from entering the units. During our discussion, you asked if carbon monoxide is.heavier than air 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 because of the higher density of cold air. The cold air mixture stagnates in areas that have no circulation to push the air, much like an inversion in a valley. In the unlikely 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 monitors and pressurization fans. Air quality monitors in the living units will monitor the carbon monoxide level and activate the pressurization fans or sound alarms if the carbon monoxide level Increases. The pressurization fans can be installed In the living units to bring higher quality, un-stratified air from the roof area to the units. A 2-stage air quality control monitor can be used with the first stage cycling the fan and It level of carbon monoxide Increases, the second stage can sound an alarm to warn the occupants. In summary, I feel confident that we can control air 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. Randy L. Rexwlnkle Mechanical Department RLRfjc 3132RR.WPF PUBLIC NOTICE RE: 1993 COMMERCIAL GMQS APPLICATIONS NOTICE IS HEREBY GIVEN that a public hearing will be ':-ld on Tuesday, December 21, 1993 at a meeting to begin at P.m. before the Aspen Planning and Zoning Commission, 2nd Flooi 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. They are described below. 1. CAP'S AUTO SUPPLY: 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 0 Ker, Chairman Planning and Zoning Commission Published in The Aspen Times on December 3, 1993. City of Aspen Account J ORDINANCE NO. 2 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR THE CON- STRUCTION OF TWO AFFORDABLE HOUSING UNITS FO 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$104 (C) (1) (c) of the Aspen Municipal Code, City Coun- cil 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 construc- tion of two affordable housing units in conjunc- tion 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 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 for three parking spaces as outlined in Plan- ning and Zoning Commission Resolution 93- ; and WHEREAS, the Commission voted 5-0 to rec- ommend approval to City Council the GMQS Exemption for the development of two deed restricted affordable housing units to the Cate- gory 2 icome 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, COL ORADO: Section l: That it does hereby grant GMQS Exemption for two Affordable Housing units to be located in the redeveloped Cap's Auto Sup- ply Building pursuant to Section 24-8- 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 Hous- ing Authority for approval prior to issuance of 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 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 the applicant in the application and during public meetings with the Planning and Zoning Com- mission and City Council shall be considered conditions of approval, unless amended by other conditions. 0 Section 3: Pursuant to Section 24$207 of the Municipal Code, 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. Howev- er, any failure to abide by the terms and condi- tions attendant to this approval shall result in forfeiture of said vested property rights. Fail- 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 of said vested rights. 2. The approval granted hereby shall be sub- ject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific 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 of a vested prop- erty right shall not preclude 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 of 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 all such boiling, fire, plumbing, electri- cal 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: 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 28th day of February, 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (I5) 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 Council of 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. 0 ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer Housing Water Department Zoning Electric Aspen Consolidated Sanitation District Aspen Fire Protection District Roaring Fork Energy Center FROM: Mary Lackner, Planning Office RE: Cap's Auto Supply Commercial GMQS Allotment, Special Review & Vested Rights DATE: 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. 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, 4-a� Debbie DuBord Office Manager Public Notice Saturday -Sunday, February 5-6, 1994 • The Aspen Times 19-C NOTICE OF SHERIFF'S SALE BY VIRTUE of the Writ of Execution issued out of the Clerk's office of the County Court for the County of Pitkin, State of Colorado, and to me directed, whereby 1 am commanded to make the sum of SIX THOUSAND NINE HUNDRED DOLLARS AND FORTY EIGHT CENTS ($6,900.48) DOLLARS, and cost of suit in the amount of ONE HUNDRED SIXTY ONE ($161.00) DOLLARS, the amount of a certain judgment recently obtained against David Boyd and Robert Devine ("Parties") in favor of Integrity Plumbing & Heating, Inc. out of the lands, tenements, goods and chattels of the Par- ties, I have levied on the following property, to wit: Lot 2, Spruce Street Subdivision, Aspen, Col- orado, County of Pitldn, State of Colorado THEREFORE, according to said command, 1 shall expose for sale, at Public Auction, to the highest and best bidder for cash, all the right, title and interest of the above -named Parties in and to the above -described property on February 17,1994 1994, at 10:00 a.m., at Pitkin County Courthouse Steps, City of Aspen, State of Colorado. DATED this loth day of January, 1994 Richard Cummins, Esq. 450 S. Galena, Suite 201 Aspen, Colorado 81611- (303) 920-2310 Robert C. Braudis ,Sheriff of Pitkin County By Desiree Tatum; Civil Deputy Date of First Publication I/14/94 Date of Last Publication 2/11/94 Published in The Aspen Times January 14, 21, 28, and February 4,11, 1994. COUNTY COURT, PITKIN COUNTY, COLORADO Case No.94C9 ORDER FOR PUBLICATION AND CHANGE OF NAME IN THE MATTER OF THE PETITION FOR THE CHANGE OF NAME OF: PATRICIA CATHERINE STAUT H, Petitioner. ORDER FOR PUBLICATION The Court having read and considered the Peti- tion for Change of Name and the petitioner's affi- davit, and the Court being sufficiently advised, FINDS: That the allegations made in said petition and affidavit satisfy all statutory requirements; AND THE COURT FURTHER FINDS: That the desired change of name is proper and not detri- mental to the interests of any other person. IT IS THEREFORE ORDERED: 1. That pursuant to statute, petitioner shall give public notice of such change of name by publica- tion of Public Notice three (3) times in THE ASPEN TIMES, a legal newspaper, published in said county. This publication is to be made with- in 20 days of the date of this Order. Proper proof of publication shall be filed with the Clerk of the Court upon final publication. 2. That upon proof of publication being filed with the Clerk of the Court, the name of PATRICIA CATHERINE STAUTH will be changed to PATRICIA CATHERINE CRAWFORD. DATED: January 12, 1994; County Judge: Fitzhugh Scott III Published in the The Aspen Times January 21, 28 and February 4, 1994. Domestic water well located on the Property drilled under Permit Number 143539 issued April 18' 1986, together with the well pump, pipe, cas- ing and related well apparatus. County of Pitkin, State of Colorado. Published in The Aspen Times January 28, February 4, 11, 18 and 25, 1994. DISTRICT COURT, PITKIN COUNTY, COLORADO Case No. 91 CV 70 SUMMONS BY PUBLICATION GAARD HOPKINS MOSES and ELLEN W. ANDERSON, Plaintiffs, vs. HAMILTON MINING COMPANY, a Colorado cor- poration; The BOARD OF COUNTY COMMISSION- ERS OF PITKIN COUNTY, COLORADO; THE STATE OF COLORADO; and ANY AND ALL UNKNOWN PERSONS who claim any interest in the subject matter of this action; Defendants. THE PEOPLE OF THE STATE OF COLORADO, TO THE ABOVE -NAMED DEFENDANT(S): You are hereby summoned and required to appear and defend against the claims of the Com- plaint filed with the Court in this action, by filing with the Clerk of this Court an Answer or other response. You are required to file your Answer or other response within 30 days after the service of this Summons upon you. Service of this Sum- mons shall be complete on the day of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court. If you fall to file your Answer or other response to the Complaint in writing within 30 days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice. This is an action to quiet title to the following real property situate in Pitkin County, Colorado: Surface and mineral rights to The GERMANIA Lode Mining Claim (USMS #3814) as described in the patent from the United States recorded 2 November 1990, in Book 633 at Page 353; Dated: March 11, 1991 Published in The Aspen Times First Publication: 1-7-1994 Last Publication: 2-0-1994 By: Gary A Wright #10028, Attorney for Plaintiff 201 North Mill Street, Suite 106 Aspen, Colorado 81611 Published in The Aspen Times January 7, 14, 21, 28 and February 4, 1994. NOTICE OF PUBLIC TRUSTEE'S SALE NO.94-1 To Whom It May Concern: This Notice is given with regard to the follow- ing described Deed of Trust: Original Grantor of Deed of Trust (Borrower): Michael P. Sloan Original Beneficiaries of Deed of Trust: Christo- pher H. Smith and Antonia Zurcher Current owners of the evidence of debt secured by the Deed of Trust: Christopher H. Smith and Antonia Zurcher Date of Deed of Trust: January 3, 1992 Recording Date of Deed of Trust: January 3, 1992 County of Recording: Pitkin Reception No. of Recorded Deed of Trust: 340190 Book and Page of Recorded Deed of Trust: Book No. 665, Page No. 999 YOU ARE HEREBY NOTIFIED that Christopher H. Smith and Antonia Zurcher, as the legal own- ers of evidences of debt, the original principal of which was $295,000.00 and $200,000.00, respec- tively, and which are secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deer) of Trust. The outstanding principal balances due and owing upon the evidences of debt secured by the above -described Deed of Trust being fore- closed is $262,185.45, in the aggregate, as of Jan- uary 1, 1994. The real property to be foreclosed, which is all of the property encumbered by said Deed of Trust, is located in Pitkin County, Colorado, as is described as follows: See Exhibit A attached hereto and by this refer- ence incorporated herein. NOTE: THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10:00 o'clock a.m., on the date of March 9 1994, at the South front door of the Pitkin County Courthouse, 506 East Main St., Aspen, Colorado, sell at public auction to the highest and best bid- der for cash, the real property described above, and all interest of said Grantor, the heirs, succes- sors and assigns of said Grantor, for the purpose of paying the indebtedness provided in said Note and Deed of Trust, attorney's fees, and the expenses of sale, and will deliver to the purchas- er a Certificate of Purchase, all as provided by law. Date: January 18, 1994 Thomas Carl Oken; Pitkin Public Trustee of the County of Pitkin, Colorado First Publication Date: January 28, 1994 Last Publication Date: February25, 1994 By: Judy James; Deputy Public Trustee EXHIBIT A Legal Description A Parcel of Land being situated in Sections 19 and 20, Township 9 South, Range 85 West of the Sixth Principal Meridian, Pitkin County, Colorado. Said Parcel is,more fully described as follows: Beginning at a point from whence the South- east corner of said Section 19 bears South 26'55'28" East 499.72 feet; thence North 25`07'34" West 886.27 feet; thence North 12°10'0-6" West 651.48 feet; thence Fast 741.00 feet; thence South 00°02'41" West 453.84 feet; thence East 787.17 feet; thence South 961.50 feet; thence South 88°39'00" West 1014.45 feet to the Point of Begin- ning. TOGETHER WITH, all water and water rights, storage rights, ditch and ditch rights, wells and well rights (and related permits), reservoir and reservoir rights, and water and ditch company stock adjudicated to, associated with, or histori- cally used upon or in connection with the real property described above (the "Property"), including but not limited to the following: An undivided one-half interest in and to the Spring located on the Property as more particu- larly described in and subject to the terms and conditions contained in that certain Deed of Undivided Interest in Certain Water and Ease- ment dated and recorded April 17, 1986, between Christopher Smith and James J. White, recorded in Book 508, at Page 553, Pitkin County, Colorado, records: and REQUEST FOR PROPOSALS Pursuant to the RFTA Procurement Guidelines, as set forth in RFTA's Purchasing Manual and the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter), sealed pro- posals endorsed "Suburban Transit and Over -the - Road Coaches" will be received by the Roaring Fork Transit Agency, 0051 Service Center Road, Aspen, Co 81611 until 2:00 p.m., March 14, 1994, at which time they will be publicly opened and read. Instructions for submitting proposals and com- plete specifications for the equipment, supplies, or services desired may be obtained at the Roaring Fork Transit Agency during regular office hours. The Agency reserves the right to reject arty and all proposals. Roaring Fork Transit Agency 0051 Service Center Road, Aspen, Co 81611. Published in The Aspen Times February 4, 11 and 18, 1994. SUMMONS NOTICE TO DEFENDANT: HARVE HOFF and JENNIFER HOFF YOU ARE BEING SUED BY PLAINTIFF: LOUIS A. B.4SILE, A PROFESSIONAL CORPORA- TION You have 30 CALENDAR DAYS after this sum- mons is served on you to file a typewritten response at this court. A letter or phone call will not protect you; your typewritten response must be in proper legal form If you want the court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money and property may be taken without Luther warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney refer- ral service or a legal aid office (listed in the phonebook). The name and address of the court is: Tahoe Justice Court, County of Placer P.O. Box 5669, 2501 North Lake Boulevard Tahoe City, CA 96145 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attor- ney, is: Louis A. Basile (916) 583-7268 State Bar No. 047432 P.O. Box 5339, Tahoe City, CA 96145 DATE: November 9, 1993. Clerk, by Joanne Garibaldi; Deputy Published in The Aspen Times January 14, 21, 28, and February 4, 1994. PUBLIC NOTICE The Roaring Fork Transportation Agency is look- ing for letters of interest and statements of qualffi- cations from general contractors interested in the expansion to the Rubey Park Transit Facility. The Addition, to be used as the Driver's Lounge, consist of approximately 500 sq. ft., divided into 2 floors. Furthermore, repair work on the existing structure will be needed. Contractors interested in the project are to mail their letters by February 15, 1994, to: Gibson & Reno, Architects 418 E Cooper Avenue, Suite 207 Aspen, Colorado 81611, 925-5968 Published in The Aspen Times February 4, 1994. PUBLIC NOTICE Pitkin County, CO is accepting statements of Qualification until 2:00 p.m., February 23, 1994, for the operation of a food/beverage concession at the Aspen-Pitkin County Airport. A prequalif m cation conference will be held at 2:00 p.m" Febru- ary 16 at the Aspen Airport. RFQ/ITBs available January 28 from Scott Smith, Director of Aviation, 0233 E. Airport Road, Suite A, Aspen, CO 81611. (303) 920-5384. Published in The Aspen Times January 28 and Februrary 4, 1994. DISTRICF COURT, PITKIN COUNTY, STATE OF COLORADO Case No. 93 DR 86 NOTICE TO RESPONDENT, JUAN ANGEL In Re the Marriage of: PILAR DIAZ, Petitioner, and JUAN ANGEL, Respondent. To the above named Respondent, Juan Angel, also known as Juan Carlos Angel. You are hereby notified that in the above -captioned proceeding, Case No. 93 DR 86, the Petitioner, Filar Diaz, is seek- ing a decree of dissolution of marriage and sole custody of the children of the marriage, Giovanni Angel and Stephano Angel. A copy of the petition and summons may be obtained from the clerk of the court during regular business hours at the clerk's office in the Pitkin County Courthouse, 506 East Main Street, Aspen, Colorado 81611. You are further advised that, if you fail to appear or file a response to the petition within thirty days after the date on which this notice is published, a default judgment may thereafter be entered against you which affects both your marital status and the custody of the children. The judgment will not be entered, however, until ninety days or more have elapsed since the date on which the notice is pub- lished. James T. Moran Holland & Hart, 600 East Main Street Aspen, Colorado 81611- (303) 9253476 ATTORNEYS FOR PETITIONER Lee Morris, Clerk of the Combined Courts 506 East Main Street, Aspen, Colorado 81611 (303) 925-7635 Published in The Aspen Times February 4, 1994. PUBLIC NOTICE NOTICE TO CONTRACTORS REQUEST FOR QUALIFICATIONS FOR THE KRAUT AFFORDABLE HOUSING PROJECT The Aspen/Pitkin County Housing Office is soliciting Requests For Letters Of Intent and Statements Of Qualifications for General Con- tracting Services for the Kraut Affordable Hous- ing Project. The project is located at the south- west corner of East Hyman Avenue and Original Street. The project is for 27 studio and I -bedroom affordable housing units with underground park- ing. Construction is scheduled for July 1, or earli- er 1994. To receive a copy of the Requests For Qualifica- tions application, please contact: Jim Curtis, Pro- ject Manager, C/O Aspen/Pitkin County Housing Office, 530 East Main Street, Lower Level, Aspen, Colorado 81611, (303)-920-1395. All applications must be submitted by Monday, February 28, 1994, by 4:00 p.m. local Mountain Time at the Aspen/Pitkin County Housing Office. Published by order of the Aspen/Pitkin County Housing Office, Pitkin County, Colorado. Published in The Aspen Times January 28 and Februrary 4, 1994. LEGAL. NOTICE There will be a special meeting of the Board of Directors of Roaring Fork Public Radio Translator, Inc. d/b/a KAJX Aspen Public Radio, on February 5, 1994 at 1:00 p.m. at 101 E. Cooper Avenue #202. The business to be transacted at and the purpose of this meeting is to discuss possible actions by the Board of Directors under the corporate bylaws, Article II paragraphs 9 and 3, and any other busi- ness or actions that the Board of Directors may lawfully conduct under the bylaws of the corpora- tion and under applicable Colorado corporate laws. Signed, Sy Coleman, president. Published in The Aspen Times February 4, 1994. PUBLIC NOTICE INVITATION TO BID - BID NO.19941FM Sealed bids will be received at the City of Aspen, City Clerk's Office in City Hall, 130 Galena Street until 2:00 p.m., Thursday, February 17, 1994, at which time the bids will be publicly opened and read aloud, for the purchase of ONE (1) SIX -WHEEL DRIVE, ARTICULATED MOTOR GRADER WITH SNOW WING. Complete Bid Packages are available from the City of Aspen, Colorado, for $10.00 per set (non- refundable), or may be viewed at The Aspen City Shop. 1080 Power Plant Rd. Aspen, Co. 81611. Each proposal must be accompanied by a Proposal Guaranty to include a bid bond or certified check made payable to the City of Aspen in the amount of five percent (5%) of the proposal. The Proposal Guaranty accompanying the three lowest respon- sive and responsible proposals may be held until the Contract is awarded. The Proposal Guaranties accompanying the other proposals shall be returned promptly after the bid prices have been compared and evaluated. The City reserves the right to reject any or all proposals or accept what is, in its judgment, the best bid. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all proposals submitted. The Bid Proposals and Bid Security must be placed in one envelope securely sealed therein and labeled: Bid Proposal for CITY OF ASPEN BID # 1994-IF-M." Reference is made to the Instructions to Bidders for the criteria that will be used for judging the suc- cessful Bidder. Proposals may not be withdrawn for a period of thirty (30) days after the time fixed for closing them. BY ORDER OF THE CRY OF ASPEN, COLORADO Jack Reid, Streets Superintendent Published in the Aspen Times February 4, 1994. 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 the issuance of any building permits. The unit shall be deed restricted to Category 3 occupancy. 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 restric- tions for the new dwelling unit must be forwarded to the Planning Office. 3. The shed in the northwest area of the property shall be removed and a fifth parking space shall be added off of the alley. All parking spaces must be shown and dimensioned on the site plan included for a building permit. 4. The site plan for building permit shall indicate the trash storage area for this project. 5. Prior to the issuance of any building permit, the applicant shall state in a letter to the Engineer- ing Department that the applicant recognizes the fact that their fence is located within the East Coop- er right-of-way. Should the right-of-way be desired by the City, the applicant shall remove the fence. This letter shall be recorded with the Pitkin County Clerk and Recorder's Office. 6. All material representations made by the appli- cant In the application and during public meetings ORDINANCE N0.1 (SERIES OF 1994) AN ORDINANCE OF THE CITY OF ASPEN GRANT- ING GMQS EXEMPTION FOR THE CONSTRUCTION OF AN AFFORDABLE HOUSING UNIT AT THE SNOW QUEEN LODGE LOCATED AT 124 E. COOP- ER AVENUE (LOT Q AND FAST HALF OF LOT P, BLOCK 69, CITY AND TOWNSITE OF ASPEN) WHEREAS, pursuant to Section 245104 C.I.c, of the Aspen Municipal Code, the City Council may exempt deed restricted affordable housing units from the Growth Management Quota System (GMQS) competition; and WHEREAS, Norma Dolle and Larry Ledingham, owner/operators of the Snow Queen Lodge ("Appli- cants") submitted to the Planning Office an applica- tion for GMQS Exemption for Affordable Housing to construct a deed restricted manager's apartment on the lodge property, and WHEREAS, the Snow Queen Lodge property is zoned LP (Lodge Preservation) and affordable housing for lodge employees is a permitted use in the zone district; and WHEREAS, the application was reviewed by the Engineering Department and the Aspen/Pitkin County Housing Office and those agencies submit- ted referral comments to the Planning Office; and WHEREAS, at a regular meeting held on Septem- ber 21, 1993, the Aspen Planning and Zoning Com- mission found that the proposed 800-square-foot Category 3 deed restricted unit meets the require- ments of the LP zone district as well as the review criteria for GMQS Exemption, and supports the ability of a small lodge owner and the lodge employees to live and work on the lodge property, and WHEREAS, the Planning and Zoning Commission voted 5-0 to recommend approval to the City Coun- cil for the GMQS Exemption for the development of a deed restricted unit at the Snow Queen Lodge with conditions, and also approved Special Review for Floor Area Ratio for the building expansion on the parcel; and WHEREAS, the Aspen City Council having consid- ered and agreed with the Planning and Zoning Commission's recommendation, does wish to grant GMQS Exemption for Affordable Housing for devel- opment of a 800-square-foot Category 3 deed restricted unit at the Snow Queen Lodge; and WHEREAS, the Applicants and the Engineering and Planning Offices recognize the encroachment of the picket fence in the E. Cooper Ave. right-of- way, and the Applicant agrees to remove the fence encroachment upon reasonable request by the City of Aspen. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COL- ORADO: Section 1: That it does hereby grant GMQS Exemption for Affordable Housing for the develop- ment of a deed restricted unit at the Snow Queen Lodge pursuant to Section 24-8-104.C.I.c. of the Aspen Municipal Code with the Planning and Zoning Commission and City Council shall be adhered to and considered condi- tions of approval, unless otherwise amended by other conditions. Section 3: A public hearing on the Ordinance shall be held on the 28 day of February, 1994 at 5:00 P.M. in me City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unecnstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This Ordinance shall not effect any existing litigation and shall not operate as an abate- ment of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24 day of January, 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Published in The Aspen Tlmes February 4,1994. REPORT OF CONDITION Consolidating domestic subsidiaries of the NORWEST BANK OF ASPEN NATIONAL ASSOCIATION of ASPEN In the state of Colorado, at the close of business on December 31, 1993, published in response to call made by Comptroller of the Currency, under Title 12, United States Code, Section 161. Charter Number—, Comptroller of the Currency, Midwestern District. Statement of Resources and Liabilities Thousands of Dollars ASSETS Cash and balances due from depository institutions: Noninterest-bearing balances and currency and coin............................................................. .... 3,260 Interest -bearing balances.............................................................................................................. 4,300 Securities..............................................................................................................................................20,959 Federalfunds sold.................................................................................................................................7,500 Securities purchased under agreements to resell...................................................................................0 Loans and lease financing receivables: Loans and leases, net of unearned income ........................................ ........................62,902 LESS: Allowance for loan and lease losses ......................................... ..........................1,185 LESS: Allocated transfer risk reserve.................................................................... Loans and leases, net of unearned income, allowance, and reserve ...................................... ..61,717 Assets held in trading accounts.............................................................................................................0 Premises and fixed assets (including capitalized leases)........................................................ .... 3,065 Otherreal estate owned..........................................................................................................................0 Investments in unconsolidated subsidiaries and associated companies.........................................0 Customers' liability to this bank on acceptances outstanding..........................................................0 Intangibleassets.......................................................................................................................................0 Otherassets.......................................................................................................................................1,043 Totalassets.................................................................................................................................... 1101,844 LIABILITIES Deposits: Indomestic offices ........................... "........................................................................................ ..94,223 Noninterest-bearing....................................................................................... 1 Interest-bearing.................................................................................................67,932 Federalfunds purchased........................................................................................................................0 Securities sold under agreements to repurchase................................................................................0 Demand notes issued to the U.S. Treasury ...........................................................................................0 Otherborrowed money...........................................................................................................................0 Mortgage indebtedness and obligations under capitalized leases....................................................2 Ba,^.k's liability on acceptances executed and outstanding................................................................0 Subordinated notes and debentures.....................................................................................................0 Otherliabilities................................................................................................................................. 576 Totalliabilities.................................................................................................................................9801 Limited -life preferred stock and related surplus.................................................................................0 EQUITY CAPITAL Perpetual preferred stock and related surplus........................................................................[41040 ..0 Commonstock ........... .................................................................................................................... 00 Surplus............................................................................................................................................50 Undivided profits and capital reserves...................................................................................... LESS: Net unrealized loss on marketable equity securities.....................................................3)Total equity capital.......................................................................................................................43 Total liabilities, limited -life preferred stock and equity capital.............................................44 We, the undersigned directors, attest to the correctness of this statement of resources and liabili- ties. We declare that it has been examined by us, and to the best of our knowledge and belief has been prepared in conformance with the instructions and is true and correct. 1, MICHAEL TAETS, President of the above -named bank, do hereby declare that this Report of Condition is true and correct to the best of my knowledge and belief. Michael Taets, John Stumpf and Dean Massey, Directors Published in the Aspen Times February 4, 1994. CONSOLIDATED REPORT OF CONDITION (Including Domestic Subsidiaries) (Dollar amounts in Thousands) Consolidating domestic subsidiaries of the ALPINE BANK ASPEN, of Aspen, Colorado, county of Pitkin, State of Colorado, 81611, and Domestic Subsidiaries, a member of the Federal Reserve Sys- tem, Federal Reserve District No. 10, State Bank No. 08-0021, at the close of business on December 31, 1993, published in accordance with a call made by the Federal Reserve Bank of this District pursuant to the provisions of the Federal Reserve Act. ASSETS.......................................................................................................Dollar Amounts in Thousands Cash and balances due from depository institutions: Noninterest-bearing balances and currency and coin....................................................................2,377 Interest -bearing balances.........................................................................................................................6 Securities.........................................................................................................................r....................5,855 Federalfunds sold..................................................................................................................................654 Securities purchased under agreements to resell.................................................................................0 Loans and lease financing receivables: ...................................................................................................... Loans and leases, net of unearned income.........................................................43,328 LESS: Allowance for loan and lease losses...............................................................544 LESS: Allocated transfer risk reserve............................................................................0 Loans and leases, net of unearned income, allowance, and reserve...................................42,784 Assetsheld in trading accounts...............................................................................................................0 Premises and fixed assets (including capitalized leases)..............................................................4,265 Otherreal estate owned ............ :............................................................................................................... 0 Investments in unconsolidated subsidiaries and associated companies...........................................0 Customers' liability to this bank on acceptances outstanding...................................................... :...... 0 Intangibleassets........................................................................................................................................0 Otherassets..........................................................................................................................................1,149 Totalassets.........................................................................................................................................57,090 Losses deferred pursuantto 12 U.S.C.1823 ' 0 Total assets and losses deferred pursuant to 12 U.S.C. 18230)..................................................57,090 LIABILITIES Deposits: Indomestic offices.........................................................................................................................53,045 Noninterest-bearing............................................................................................19,195 Interest-bearing...................................................................................................33,850 Federalfunds purchased...........................................................................................................................0 Securities sold under agreements to repurchase...................................................................................0 Demand notes issued to the U.S. Treasury .............................................................................................00 Otherborrowed money............................................................................................................................. Mortgage indebtedness and obligations under capitalized leases......................................................0 Bank's liability on acceptances executed and outstanding..................................................................0 Subordinated notes and debentures........................................................................................................0 Otherliabilities........................................................................................................................................250 Totalliabilities ....................................................................................................................................53,295 Limited -life preferred stock and related surplus....................................................................................0 EQUITY CAPITAL Perpetual preferred stock and related surplus......................................................................................0 Commonstock........................................................................................................................................300 Surplus..................................................................................................................................................1,755 Undivided profits and capital reserves.............................................................................................1,740 LESS: Net unrealized loss on marketable equity securities................................................................0 Totalequity capital..............................................................................................................................3,795 Losses deferred pursuant to 12 U.S.C. 18230).......................................................................................0 Total equity capital and losses deferred pursuant to 12 U.S.C. 18230).......................................3,795 Total liabilities, limited -life preferred stock, equity capital and losses deferred pursuant to 12 U.S.C. 1823(J)................................................................................57,090 1, LORI KNOTTS, ASSISTANT VICE PRESIDENT do hereby declare that this Report of Condition (including the supporting schedules) has been prepared in conformance with the instructions issued by the regulatory agency and is true and correct to the best of my knowledge and belief. Lori Knotts, Assistant Vice President We, the undersigned directors, attest to the correctness of this Report of Condition (including the supporting schedules) and declare that it has been examined by us and to the best of our knowledge and belief has been prepared in conformance with the instructions issued and is true and correct. Steve Briggs, Director; Dave Scruby, Director; J. Robert Young, Director DATE SIGNED: 1-25-94. AREA CODE/PHONE NO. (303) 920-4800 Published in The Aspen Times February 4, 1994. 24"C The Aspen Times • Saturday -Sunday, February 5-6, 1994 Public Notice NOTICE OF PUBLIC TRUSTEE SALE No, 94-2 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: Douglas H. Lien and Camilla R. Wen: Original Grantor (Borrower) Kelley Carson: Original Beneficiary Kelley Carson: Current Beneficiary October 5, 1992: Date of Deed of Trust October 7, 1992: Recording Date of Deed of Trust Pitkin: County of Recording 349378: Reception No. of Recorded Deed of Trust Book 690 at Page 700 : Book and Page of Recorded Deed of Trust October 5, 1993: Effective Date of Deed of Trust Modification and Extension September 29, 1993: Recording Date of Deed of Trust Modification and Extension Pitkin: County of Recording 361590: Reception No. of Recorded Deed of Trust Modification and Extension Book 725 at Page 459: Book and Page of Recorded Deed of Trust Modification and Extension YOU ARE HEREBY NOTIFIED, that the legal holder of the evidence of debt, in the original principal amount of Two Hundred Eighty Thou- sand and No/100 Dollars ($280,000.00), and with a present principal balance of Two Hun- dred Eighty Thousand and no/100 Dollars ($280,000.00), secured by the Deed of Trust, as modified and extended, described above, has filed written election and demand for sale as provided In said Deed of Trust. The following described real property to be foreclosed is all of the property now encum- bered by the Deed of Trust and all of the prop- erty subject to this notice: A parcel of land situated in Section 22 and Section 23, Township 8 South, Range 88 West of the Sixth Principal Meridian, being more par- ticularly described in Exhibit "A" attached hereto and incorporated herein by reference. THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN. THEREFORE, NOTICE IS HEREBY GIVEN that I will! at 10:00 o'clock a.m., on the date of March 16, 1994, at the Pitkin County Courthouse, 506 East Main Street, Aspen, Colorado 81611, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, the heirs and assigns of said Grantor, for the purpose of pay- ing the indebtedness provided In said Note and Deed of Trust, attorney's fees, and the expens- es of sale, and will deliver to the purchaser a Certificate of Purchase, all as provided by law. Thomas C. Oken Public Trustee, Pitkin County By Carol L. Foote; Deputy Public Trustee Date: January 27, 1994 First Publication Date: February 4 1994 Last Publication Date: March 4, 1994 Douglas P. Allen Attorney for Current Beneficiary 225 North Mill Street, Suite 210 Aspen, Colorado 81611 Exhibit "A" A parcel of land situated in Section 22 and Section 23, Township 8 South, Range 88 West of the 6th Principal Meridian, being more par- ticularly described as follows: Beginning at a point whence the North 1/4 corner of said Section 22 bears North 65°25'40" West, 3,413.28 feet; thence South 35*11'33" West, 673.42 feet to a point on the North line of a parcel of land described at Reception No. 254931 of the records or the Pitkin County Clerk and Recorder; thence, along the North line of said Reception No. 254931 North 62°18'00" West, 663.86 feet along said North line: thence North 35"11'33" East, 23.32 feet to a fence corner; thence North 58104'35" West, 90.26 feet along a fence; thence North 64"15'26" West, 145.48 feet along a fence; thence North 62"53'38" West, 1,295.20 feet along a fence to a point on the Easterly line of a parcel of land known as Parcel A, described In Book 372 at Page 613 of the records of the Pitkin County Clerk and Recorder; thence, along the East line of said Parcel A the following five (5) courses: 1. North 32'11'59" East, 8.60 feet; 2. thence North 42°08'47" East, 36.29 feet; 3. thence North 62°52'28" East, 109.44 feet; 4. thence North 36°13'16" East, 125.14 feet; S. thence North 18°44'09" East, 55.00 feet to the Southeast corner of parcel of land known as Parcel C described In Book 459 at Page 298 of the records of the Pitkin County Clerk and Recorder; thence along the East line of said Parcel C, North 18144'09" East, 24.57 feet; thence South 89156'33" East, 1.90 feet to the Southeast cor- ner of a parcel of land known as Parcel B described in Book 372 at Page 615 of the records of the Pitkin County Clerk and Recorder; thence along the East line of said Parcel B the following Four (4) courses; 1. North 18"44'09" East, 47.06 feet; 2. thence North 15"48'01" East, 116.25 feet; 3. thence North 29°33'37" East, 63.55 feet; 4. thence North 12"15'49" West, 28.40 feet to a point an the South line of a parcel of land described In Book 222 at Page 9 of the records of the Pitkin County Clerk and Recorder; thence along the South line of said parcel described In Book 222 at Page 9, South 73°42'20" East, 121.47 feet to the Southeast cor- ner of said parcel: thence along the East line of said parcel North 19"04'05" East, 176.50 feet; thence South 77°22'41" East, 157.54 feet; thence South 57"34'58" East, 1,846.33 feet: thence South 57°34'58" East, 161.84 feet to the Point of Beginning. TOGETHER with a non-exclusive easement for ingress and egress purposes, more particu- larly described as follows: An easement for access situated In Section 22,Township 8 South, Range 88 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at the Southeast corner of a parcel of land known as Parcel A, described in Book 372 at Page 615 of the records of the Pitkin County Clerk and Recorder; thence North 62"39'00" West, 25.60 feet along the South boundary of said Parcel A to the Southwest comer of said Parcel A; thence South 25°10'00" West, 75.00 feet; thence North 62°26'23" East, 91.75 feet to the South line of a parcel of land recorded in Plat Book - at Page - of the records of the Pitkin County Clerk and Recorder; thence North 62"53'38" West, 30.00 feet along said South line to the Point of Beginning; and A road easement situate in Lots 1, 2 and 3 of Section 22, Township 8 South, Range 88 West of the 6th Principal Meridian, being 40.00 feet In width and lying 20 feet on each side of the following described centerline: Beginning at a point whence the North 1/4 corner of said Section 22 bears North 01*28"10' West, 1,119.80 feet; thence South 00"26'46" East, 12.90 feet; thence South 23"47'07" Fast, 38.32 feet; thence South 05°48'46" East, 190.43 feet; thence South 19°39'13" West, 96.01 feet; thence South 00"26'46" Fast, 397.86 feet; thence South 38"35'34" East, 18.97 feet; thence South 67"00'16" East, 45.65 feet; thence South 78"20'41" East, 77.40 feet; thence, South 90°00'00" East, 142.22 feet to the point of ending, whence said North 1/4 cor- ner bears North 09°ll'16" West, 1,918.02 feet; and A road easement situate in Lots 1, 2 an 3 of Section 22, Township 8 South, Range 88 West of the 6th Principal Meridian, being 40 feet In width and lying 20 feet on each side of follow- ing described centerline: Beginning at a point in the right-of-way of State Highway No. 133 whence the North 1/4 corner of said Section 22 bears North 03"45'48" West, 431.97 feet; thence South 05°24'15" West, 49.02 feet; thence South 00"26'46" East, 543.63 feet, said course being parallel to and 20 feet Easterly of the West line of said Lot 2; thence South 21°41'18" East, 85.61 feet; thence South 23°47'07" East, 59.06 feet; thence South 05"48'46" East, 128.61 feet; thence South 2105310" West, 176.10 feet; thence South 00°26'46" East, 398.00 feet; thence South 38"35'34" East, 18.97 feet; thence South 67"00' 16" East, 45.65 feet; thence South 78"20'41" East, 79.40 feet; thence North 90°00'00" East, 161.58 feet; thence North 20'50' 11" East, 16.76 feet; thence North 22"33' 15" East, 160.79 feet; thence North 24'17'24" East, 286.36 feet; thence North 24°36' 10" East, 354.39 feet; thence North 21°04'10" East, 240.04 feet; thence North 25110'00" East, 280.00 feet; thence North 27°14'49" East, 24.59 feet; thence North 25110'00" East 260.63 feet; thence North 24'11'00" East 366.16 feet to the point of ending whence said North 1/4 corner bears North 86°03'05" West, 1,140.24 feet; and An access easement being 40.00 feet in width and lying 20 feet on each side of the following described centerline. Beginning at a point whence the North 1/4 corner of Section 22, Township 8 South, Range 88 West of the 6th Principal Meridian bears North 82°58'14" West, 1,098.68 feet; thence South 69100'00" East, 201.26 feat; thence South 02100'00" East, 107.92 feet. Published in The Aspen Times February 4, 11, 18, 25 and March 4, 1994. MASON & MORSE R E A L E S T A T E 514 FAsr HymAN AVENUE ASPEN, COLORADO 81611 (303) 925-7000 OR (303) 925-6180 February, 1994 Dear Buyers and Fellow Realtors: PUBLIC NOTICE RE: 107 JUAN STREET SIGNIFICANT DEVEL- OPMENT NOTICE IS HEREBY GIVEN that a public hear- ing will be held on Wednesday, February 23, 1994, at a meeting to begin at 5:00 pm before the Aspen Historic Preservation Committee in the second floor meeting room, City Hall, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by the Aspen/Pitkin Housing Authority requesting approval for the on -site relocation of the historic building at 107 Juan Street as part of an Affordable Housing Project. The property is located on Lots 3-6, Block 11, Eames Addition to the City and Town - site of Aspen. For further information, contact Amy Amldon at the Aspen Pitkin Planning Office, 130 S. Galena St., Asppeen, CO.920.5096. s/Wflliam J. Poss. Chair Aspen Historic Preservation Committee Published In The Aspen Times February 4, 1994. PUBLIC NOTICE RE: GREEN SCENIC OVERLAY REVIEW NOTICE IS HEREBY GIVEN that a public hear- Ing will be held on Tuesday, March 8, 1994 at a meeting to begin at 4:00 p.m. before the Pitkin County Planning and Zoning Commission, Com- missioner's Meeting Room, 506 East Main Street, Aspen to consider an application sub- mitted by Herschel & Nancy Green requesting approval of Scenic Overlay Review for a single- family dwelling. The property is Lot 8, Block 2, Pitkin Green Subdivision. For further informa- tion contact Rick Maggill at the Aspen/Pitkin Planning Office, 920-5100. s/Joseph E. Edwards, ill, Chairman Planning and Zoning Commission Published in The Aspen Times February 4, 11994. ORDINANCE NO. 2 (SERIESAN ORDINANCE OFOTHE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR THE CON- STRUCTION OF TWO AFFORDABLE HOUSING UNITS FO 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 Coun- cifl 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 construc- tion of two affordable housing units in conjunc- tion 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 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 for three Parking spaces as outlined in Plan- ning and Zoning Commission Resolution 93- ; and WHEREAS, the Commission voted 5-0 to rec- ommend approval to City Council the GMQS Exemption for the development of two deed restricted affordable housing units to the Cate- gory 2 icome 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, C014 ORADO: Section 1: That it does hereby grant GMQS Exemption for two Affordable Housing units to be located in the redeveloped Cap's Auto Sup- ply Building pursuant to Section 24-8- 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 Hous- ing Authority for approval prior to issuance of 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 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 the applicant in the application and during public meetings with the Planning and Zoning Com- mission and City Council shall be considered conditions of approval, unless amended by The secluded valley of Castle Creek has some of the PENNEY EVANs CARRUTH best views in Aspen and my listing is definitely one to see. Only minutes from Ashcroft (and some of the best cross-country skiing) ... surrounded by other prestigious properties ... 20 plus acres of Aspen trees, views, and creek frontage ... attractive home with three bedrooms and three baths, an indoor jacuzzi and beautiful exterior landscaping. Please call me for an appointment. 1 would love to show you this Castle Creek hideaway! Sincerely, MASON & MORSE REAL ESTATE Penney Evans Carruth Broker Associate other conditions. Section 3: Pursuant to Section 24-&207 of the Municipal Code, 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. Howev- er, any failure to abide by the terms and condi- tions attendant to this approval shall result in forfeiture of said vested property rights. Fail- 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 of said vested rights. 2. The approval granted hereby shall be sub- ject to all rights of referendum and judicial review. 3. Nothing in the approvals provided by this Ordinance shall exempt the site specific 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 of a vested prop- erty right shall not preclude 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 of 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 all such bulling, fire, plumbing, electri- cal 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: 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 28th day of February, 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 PUB- LISHED as provided by law, by the City Council of 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. ORDINANCE 3 (SERIES OF 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO GRANTING A GMQS EXEMPTION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND VESTED RIGHTS STATUS FOR THE STAPLETON OFFICE BUILDING, 702 WEST MAIN STREET, EAST 10 FEET OF LOTS R AND ALL OF LOT S, BLOCK 18 ASPEN TOWNSITE, ASPEN COLORADO. WHEREAS, the applicant, Stape Limited Us- bility Company, has proposed to develop an office building located at 702 West Main Street; and WHEREAS, the applicant has requested a Growth Management allocation for the 1993 commercial/office quota; and WHEREAS, the applicant proposes to develop two on -site affordable dwelling units to miti- gate employee generation impacts', and WHEREAS, pursuant to Sections 24-8- 104.C.I.c. and 2448.109.J. of the Aspen Municipal Code, City Council shall approve the method by which an applicant proposes to provide affordable housing upon recommendation by the Planning and Zoning Commission (herein "Commission"); and WHEREAS, on December 21, 1993, the Com- mission reviewed the affordable housing pro- posal and recommended that the applicant increase the size of the three -bedroom unit; and WHEREAS, the applicant committed to increase the size of the three -bedroom unit to 1,200 square feet of net livable space to meet the Housing Office guidelines for a three -bed- room, category 3 dwelling unit; and WHEREAS, the Commission recommends to Council approval of the on -site affordable hous- ing with conditions; and WHEREAS, the applicant also requests vested rights status for a site specific development plan as represented In the GMQS application; and WHEREAS, the Aspen City Council having considered the Planning Office's recommenda- tion for the GMQS Exemption does wish to grant the exemption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COL- ORADO: Section 1: Pursuant to Sections 244I-104.C.1.c. and 24-8- 1091 of the Municipal Code, City Council does hereby grant a GMQS Exemption for the devel- opment of two on -site affordable dwelling units located in the proposed Stapleton office build- ing at 702 West Main Street with the following conditions: 1. The three -bedroom dwelling unit shall be deed restricted to category 3 and be increased to 1,200 square feet of net livable space to meet the Housing minimum size guidelines. 2. The one -bedroom 615-square400t net liv- able dwelling unit shall be deed restricted to category 2 Housing guidelines. 3. Prior to the issuance of any building per- mits the applicant shall record the deed restrictions, with a copy to the Housing Office, restricting the 2 dwelling units to the Housing Office guidelines. 4. All material representations made by the applicant in the application and at the public hearings shall be adhered to and considered conditions of approval, unless amended by other conditions. Section 2: Pursuant to Section 24b207 of the Municipal Code, City Council does hereby grant the appli- cant vested rights for 702 West Main, East 10 feet of Lot R and all of Lot S, Block 18, Aspen Townsite 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. Howev- er, any failure to abide by the terms and condi- tions attendant to this approval shall result In forfeiture of said vested property rights. Fail- ure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result In the forfei- ture of said vested rights. 2. The approval granted hereby shall be sub- ject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific devel- opment plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals grant- ed and vested herein. 4. The establishment herein of a vested prop- erty right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property sub- ject to land use regulation by the City of 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 all such building, fire, plumbing, elec- trical and mechanical codes, unless an exemp- tion therefrom is granted in writing. Section 3: The City Clerk shall cause notice of this Ordi- nance to be published in a newspaper of gener- al circulations within the City of Aspen no later than fourteen (14) days following final adop- tion hereof. Such notice Ithall be given in the following form: _k_l 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: The property shall be described in the notice and appended to said notice shall be the ordi- nance granting such approval. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Sectioa5: This Ordinance shall not effect any existing litigation and shall not operate as an abate- ment of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: A public hearing on the Ordinance shall be held on the 28 day of February, 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published once in a'newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUB- LISHED as provided by law, by the City Council of 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. A recent Aspen Times Survey showed that 41000 papers sent to out of town subscribers are read by 126,800 people