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Land Use Case.435 W Main St.0009.2006.ASLU
,.r-~. ~,, ,,:., ~.~ THE CITY ~F ASPEN City of Aspen Community Development Department CASE NUMBER 0009.2006.ASLU PARCEL ID NUMBER 2735-124-81-001 PROJECT ADDRESS 435 W. Main St. PLANNER Ben Gagnon CASE DESCRIPTION Special Review, GMQS REPRESENTATIVE Alan Richman DATE OF FINAL ACTION 11/06/07 CLOSED BY Amy DeVault SUBDIVISION AGREEMENT FOR ASPEN JEWISH COMMUNITY CENTER PROJECT THIS SUBDIVISION AGREEMENT ("the Agreement") is made this ~/ day of ~~J~~007, by and between the Jewish Resource Center Chabad of Aspen, a non- profit Colorado corporation (Owner) and the City of Aspen, Colorado, a municipal corporation and home rule charter city ("City"). RECITALS WHEREAS, the Owner owns that certain real property located in the City of Aspen, County of Pitkin, legally described as Lots A through I, Block 38, City and Townsite of Aspen ("the Property"); and WHEREAS, in February, 2006 the Owner submitted to the City for approval a land use application to develop a Jewish Community Center on the Property, to include, but not be limited to, a place of religious worship, apre-school, Hebrew school, teen and adult programs, and a social hall ("the Project"); and WHEREAS, pursuant to Ordinance No. 36 (Series of 2006), the City granted approval to the Project for Subdivision, Growth Management Review as an Essential Public Facility, and Historic Landmark Designation; and WHEREAS, the City imposed conditions and requirements on the Owner in connection with the approvals described above, such conditions and requirements being necessary to protect, promote and enhance the public health, safety and welfare. Such conditions are set forth in Ordinance No. 36 (Series of 2006); and WHEREAS, under Section 26.480.070of the Municipal Code of the City of Aspen, the City is entitled to assurance that the matters agreed to herein will be performed by the Owner and its successors or assigns; and WHEREAS, the Owner is willing to enter into such agreement with the City and to provide to the City assurances, as set forth herein; and WHEREAS, the Owner has submitted to the City for approval, execution, and recording a final plat for the Project (the "Plat")and the City agrees to approve, execute, and record the Plat at the Owner's expense on the agreement of the Owner to the matters described ,herein, subject to the provisions of the Municipal Code of the City of Aspen and other applicable rules and regulations. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: RECEPTION#: 543901, 11/07/2007 at 02:20:57 PM, 1 ~F 9, R $46.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO ~"-, '~ 1. Description of Project. The Project consists of the following elements: • The Community Center will consist of two buildings that are connected by a recessed gallery. The western building, along Fourth Street, will include the classrooms and office space. The religious sanctuary will be on the second floor. The eastern building, along Third Street, will include the social hall. The basement area below both buildings will include the library, teen activity rooms, and other support spaces. • Six (6) of the original cabins on the Property will be preserved and restored. The three (3) cabins along Third Street will be remodeled into affordable housing units, including 1 one bedroom unit and 2 studio units. Three (3) of the cabins along the alley will be used as lodging for persons associated with the Jewish Community Center and for other uses to support the functions of the Project. • The other three (3) original cabins along the alley will be relocated to another site, subject to review and approval of the relocation plan by the Historic Preservation Commission (HPC). 2. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the Plat by the Engineering Department and Planning Office, the City will approve and execute the Plat for the Project, which conforms to the requirements of Section 26.480.060 of the Municipal Code. The City will accept the Plat for recording in the offices of the Pitkin County Clerk and Recorder upon Owner's payment of the recordation fee. The Owner and the City hereby acknowledge that the Plat, this Agreement, and Ordinance No. 36 (Series of 2006) constitute the final development plan for the Project. 3. Construction Schedule and Phasing. The City and Owner mutually acknowledge that an exact construction schedule cannot be determined for the Project at this time. However, it is anticipated that construction of the Project will begin no later than three (3) years after the vesting of the Owner's rights in the Project, with substantial completion of construction occurring within eighteen (18) months thereafter. 4. Dimensional Requirements. The dimensional requirements applicable to the Project are as follows: 2 ~~ Municipal'Code Requirement Approved Dimensional -Requirement Minimum Lot Size The Property contains 26,981 sq. ft. Minimum Lot Width The Property is 270 feet wide. Minimum Front Yard New Buildings: 5' Variances for cabins granted by HPC. Minimum Side Yard New Buildings: 5' Variances for cabins granted by HPC. Minimum Rear Yard 5 feet Maximum Height 32 feet Maximum Floor Area Ratio 0.75:1 (20,235 sq. ft.) is allowed by Code; the approved buildings are approximately 19,665 sq. ft. in size. Minimum Number of Off-Street 9 spaces will be provided along the Parking Spaces alley. At least 2 of the spaces will be allocated to and reserved for the on- site affordable housing units. 5. Conditions of Development Approval. The Owner will satisfy the conditions of approval established in Ordinance 36 (Series of 2006), as follows: a. Trash/Utility Service Area. The trash containers installed in the trash/utility service area will be wildlife proof. b. Sidewalks, Curb and Gutter. The sidewalks on the Property will be constructed as specified in HPC Resolution 31, Series of 2005. They will be designed to meet the City Engineer's requirements and ADA requirements prior to the issuance of a certificate of occupancy for any portion of the Project. The Owner will also repair any curb and gutter adjacent to the Property that is deemed to be in disrepair by the City Engineer prior to the issuance of a certificate of occupancy for any portion of the Project. c. Affordable Housing. The three (3) affordable housing units ("AH Units") in the Project will comply with the Aspen/Pitkin County Housing Authority ("APCHA") Employee Housing Guidelines. A deed restriction will be placed on each of the AH Units classifying them as Category 2 rental units. The deed restrictions for the AH Units will be submitted by the Owner to the APCHA prior to the issuance of a certificate 3 o of occupancy for the units. The deed restriction will provide that if the occupant of an AH Unit is an employee of the Owner, then the income and asset occupancy requirements applicable to the AH Unit will be waived. The deed restriction will also provide that an AH Unit may be converted to a sale AH Unit at such time as the Owner requests this change, or at such time as the APCHA determines that an AH Unit has been out of compliance with its deed restriction for a period of one (1) year or longer. At such time, the AH Unit will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. The Owner will convey to the APCHA an undivided one-tenth of one percent fractional interest in the ownership of the Property for the purposes of complying with the recent Colorado Supreme Court decision regarding rent controls. As part of this conveyance, the Owner will indemnify and hold harmless the APCHA and the City of Aspen from any claims, liabilities, fees, or similar charges related to ownership of an interest in the Property. The City of Aspen shall have no voting rights, or rights to notices of meetings, etc. in the Jewish Resource Center by reason of the conveyance of this fractional interest. At such time as the Owner can demonstrate to the reasonable satisfaction of the City that another mechanism then exists (including but not limited to the conversion of the AH Units to sale AH Units) making the affordable housing guidelines enforceable absent an ownership interest by the City, then the Owner may request, and the City shall deed back to the Owner, the City's undivided ownership interests in the Property. In any event, the City's undivided ownership interests shall automatically expire and revert to the Owner thirty (30) years from the date the deeds are recorded. d. Employee Audit. The Owner will conduct an employee audit of the number of full time equivalent employees of the Project two (2) years after the date of issuance of a certificate of occupancy for the Project. The Owner will be responsible for retaining and paying for the services of the auditor. The Owner shall obtain the approval of the selection of the auditor from the Housing Office. The auditor shall make a determination of the number of full time equivalent (FTE) employees generated by the Project. The Aspen Planning and Zoning Commission has determined that 9.63 employees will be generated by the Project. The Owner is responsible for providing affordable housing for forty-four percent (44%) of those employees in the three (3) on-site affordable housing units, which provide mitigation for 4.25 employees. If the audit determines that the Project generates more than 9.63 FTE employees, then the Owner shall provide supplementary mitigation for those additional FTE's, by mitigating for forty-four percent (44%) of the FTE employees in excess of 9.63. Mitigation may be provided via acash-in-lieu payment or by deed restricting additional AH Units. 4 '~r/ •/~ e. Off-Street Parking Management. At least one of the Project's employees shall establish and facilitate a temporary off-street drop-off and pick-up area for the pre-school operation, using up to seven of the parking spaces located along the alley. Safety cones or similar materials shall be used to convert the traditional parking spaces into aone-way, continuous movement drop-off zone. The Owner will maintain this drop-off zone in a manner that provides for public safety, including snow and ice removal. The Owner hereby requests that the City of Aspen post the alley behind the Property as a one-way alley. The direction of the one-way traffic shall be decided upon by the City, in consultation with the neighbors along the alley. f. Transportation Demand Management. The Owner will pay the City's Air Quality Impact Fee if said fee is in effect at the time of building permit submittal. The fee will be paid prior to the issuance of a building permit for the Project. The Owner will print on all event flyers that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk, or take the bus. The Owner will require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk, or take the bus. The Owner will make a good faith effort to work with parents of children enrolled in the pre-school to establish and maintain a car pool program The Owner will maintain information on its web site explaining the lack of on-site parking and describing car-pool and transit options available to the Property. TheOwner will activelyparticipate in the City's Transportation Options Program. This will include, but not be limited to, providing free bus passes to employees who do not live on-site. The Owner will also provide covered, secure bike storage facilities on-site. The Owner will cooperate with the City of Aspen and the Roaring Fork Transportation Authority if those entities decide to upgrade the bus stop/shelter adjoining the Property on Main Street. g. Fire Safety. The Owner will install a fire sprinkler system and alarm system that meets the requirements of the Aspen Fire Marshal. h. Water Department Requirements. The Project will be designed to comply with the City of Aspen Water System Standards and the applicable standards of Titles 8 and 25 of the Aspen Municipal Code. Sanitation District Requirements. The Project will be designed to 5 comply with the rules and regulations of the Aspen Consolidated Sanitation District ("ACSD"). On-site utility plans will be provided to ACSD for review and approval prior to the issuance of a building permit. No more than one tap will be requested for each building. A shared service line agreement will be prepared if any service line that serves more than one unit. No permanent improvements will be installed in any sewer easement or right of way. Landscaping plans will be provided to ACSD for review if any soft or hard landscaping will impact a public right of way or easement to be dedicated to ACSD. j. Exterior Lighting. All exterior lighting for the Project will be designed to comply with the City's Outdoor Lighting Code (Section 26.575.150 of the Code). k. School Land Dedication Fee. The Owner will pay a fee in lieu of dedicating land for schools. The fee will be paid prior to the issuance of a building permit for the Project. The City will calculate the amount of the fee that is due, using the methodology and fee schedule that are in effect at the time of building permit submittal. The Owner will provide the market value of the land, including site improvements, but excluding the value of the structures on the site, so the City may calculate the amount of the fee that is due. I. Park Development Impact Fee. The Owner will pay a fee in lieu of dedicating land for parks. The fee will be paid prior to the issuance of a building permit for the Project. The City will calculate the amount of the fee that is due, using the methodology and fee schedule that are in effect at the time of building permit submittal. m. Landscaping. The Owner will obtain an approved tree permit before any demolition or excavation takes place on-site and prior to the submission of an application for a building permit for the Property. Any required mitigation associated with the permit will be paid via cash-in-lieu or by on-site mitigation. A permit authorizing excavation under the drip line will be obtained along with the tree permit. A vegetation protection fence will be erected at the drip line of each individual tree or group of trees that will be preserved. A plan indicating the location of the tree protection fence will be submitted as part of the building permit application. The fence will be inspected by the City Forester or his designee before any construction activities commence. No excavation; storage of materials, construction back fill or equipment; or foot or vehicle traffic will be allowed within the drip line of any tree that is to be preserved. The Owner will contract with a tree service and have them on-call to address all roots greater than two inches (2") in diameter. Root trenching will be used around all trees with excavation next to and/or under the drip line. Any planting in the public right-of-way will be subject to the City's landscaping in the right-of-way requirements. Improvements to the right-of-way will 6 C include new grass and irrigation. The right-of-way trees along Third and Fourth Streets will be a species other than cottonwood. Realignment of ditches on the Property will be coordinated with the Parks Department. The realignment will take, place during a time period when the ditch is closed for the off-season. Realignment will be accomplished using a Bentomat type of material to re-establish the integrity of the ditch. Utility connections will be designed so as not to encroach into the tree protection zones. The play yard fence will be installed on posts that are hand dug. Any tree root that is greater than two inches (2") in diameter that is encountered during fence installation will not be removed until its removal is approved by the Parks Department. The play yard fence will be constructed to comply with the State of Colorado standards for day care centers. The new sidewalk that will be installed at the corner of Fourth Street and Main Street will be designed at grade to bridge over the root system of the existing cottonwood trees. 6. Material Representations. All material representations made by the Owner on record to the City in accordance with the approval of the Project shall be binding upon the Owner, its successors, and assigns. 7. Enforcement. In the event the City determines the Owner is not in substantial compliance with the terms of the Agreement or the Plat, the City may serve a Notice of Non-Compliance and request that the deficiency be corrected within a period of forty-five (45) days. In the event the Owner believes that it is in compliance, or that the non-compliance is insubstantial, the Owner may request a hearing before the City Council to determine whether the alleged non-compliance exists, or whether any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to standard procedures and take such action as it then deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct, and/or receive damages for any non-compliance with this Agreement. 8. Notices. Notices to the parties shall be sent by U.S. Certified Mail, return receipt requested, postage prepaid, to the addresses set forth below, or to any other address which the parties may substitute in writing. Such notices shall be deemed received, if not sooner received, three (3) days after the date of mailing of same. To the Owner: Jewish Resource Center Chabad of Aspen 104 Robinson Road Aspen, Colorado 81611 7 With a copy to: Leonard M. Oates, Esquire Oates Knezevich & Gardenschwartz 533 East Hopkins Avenue Aspen, Colorado 81611 To the City Community Development Department Director City of Aspen 130 South Galena Street Aspen, Colorado 81611 With a copy to: City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 9. Binding Effect. The provisions of the Agreement shall run with and constitute a burden on the land on which the Project is located and shall be binding and enure to the benefit of the Owner, its successors and assigns and to the City, its successors, and assigns. 10. Amendment. The Agreement may be altered or amended only by written instrument executed by all the parties hereto, with the same formality as this Agreement was executed. 11. Severability. If any of the provisions of the Agreement are determined to be invalid, it shall not effect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Agreement on the day and year first above written. ATTEST: THE CITY OF ASPEN, COLORADO a municipal corporation By: ; Katherine S ch, City Clerk Mic C. eland, May APPROVED AS TO FORM: /~`7 - ~_ John Worcester, City Attorney 8 °'wr- THE JEWISH RESOURCE CENTER CHABAD OF ASPEN, a non-profit Colorado corporation enachem Mintz abbi and Authorized ignatory STATE OF COLORADO ) ss: COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of ~ 2007 by Michael C. Ireland, as Mayor, and Katherine S. Koch, as City Clerk of the City of Aspen. ~.~. O"~RA~O Witness my hand and official seal. Q,~,.~~T,~,~ ~,,~ My commission expires: ~F fir; C ~ ~Q~,P Notary Public `" My Commisssoii Exp;res 09/2S/2409 STATE OF COLORADO ~ ss: COUNTY OF PITKIN ) The fore oin instrument was acknowled ed before me this ~~ day of g 9 9 X007 by Menachem Mintz, as Rabbi and Authorized Signatory of The Jewish Resource Center Chabad of Aspen, anon-profit Colorado Corporation. Witness my hand and official seal. My commission expires: ~~ Notary Public -._.~ CHRIS DEELY n'OTARY PUBLIC STATE _OF COLORADO MY r'omrnic•;rm r"is~,; nsi16;•~. 9 _ .~,~;~ .....- MEMORANDUM TO: Mayor Klanderud and City Council FROM: Ben Gagnon, Special Projects Planner THROUGH: Chris Bendon, Director, Community Development RE: Jewish Community Center 435 W. Main St. Growth Management Review, Subdivision Review and Historic Designation Public Hearing, 2"d Reading of Ordinance No. 36, Series of 2006. DATE: September 25, 2006 APPLICANT: Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services. REPRESENTATIVE: Alan Richman Planning Services LOCATION: 435 W. Main Street, Lots A-I, Block 38. CURRENT ZONING: Mixed Use SUMMARY: The applicant requests approval of a Growth Management Review as an Essential Public Facility, and Subdivision review. STAFF RECOMMENDATION: Staff recommends that the City Council approve a Growth Management Review as an Essential Public Facility and Subdivision review, with conditions. Staff strongly supports this development as an Essential Public Facility due to the provision of aPre-School, teen and adult educational programming and a place of worship for one of the world's oldest religious traditions. The proposal also meets the intent of each chapter in the AACP, due to the preservation and designation of historic structures, the incorporation of affordable housing on- site, its location in the Infill Area and along a transit route, the building's context- sensitive design, and the provision of cultural education and promotion of diversity. PROPOSED COUNCIL REVIEW PROCESS: ^ Brief description of the two approval requests as listed above; ^ Historic Preservation Officer Amy Guthrie's description of the HPC process to this point and taking questions; ^ Applicant's overview of HPC process and current requests; ^ Staff review of P&Z approval and key issues; ^ Council identification and discussion of key issues and any additional information needed from staff or the applicant; ^ Public comment. 1 PROJECT SUMMARY: The subject property is currently owned by the Jewish Resource Center Chabad of Aspen, which currently holds religious services in asingle-family home on the property. The existing 18 cabins are currently rented out for lodging. There is a variety of programming planned for the new Center: ~ The Pre-School is the only activity the Center is planning on each weekday, from 8 am to 4 pm, and the Center expects up to 40 children to attend. ~ The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm, and is expected to attract up to 10 children. ~ The Adult Education programs are offered two nights per week from 8 pm to 10 pm, and are expected to attract 15-25 people. ~ Teen Program is planned for one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people. ~ Religious services are scheduled each Friday evening and Saturday morning, with attendance expected in the range of 40-50 people. ~ The special events planned at the Center are expected to generate attendance ranging from 50 to 200 people. These special events will range from films and lectures to barmitzvahs and weddings. The applicant has agreed to limit these special events to no more than ten (10) per year. DIMENSIONAL REQUIREMENTS chit PROPOSED CONDITIONS TABLE: Dimensional Underlying R-15 Proposed Conditions Requirement 7.one District Kequirements Minimum Lot Area , 3,000 sq, ft. 26,981 sq. ft. Minimum Lot Width 30 ft. 270 ft. Minimum Front yard 10 ft.; may be reduced Cabin: 3 ft. by special review New buildings: 5 ft. See Note 1 Minimum Rear Yard 5 ft. 5 ft. Setback Minimum Side Yard 5 ft. Two cabins: 1 ft. Setback One cabin: Encroaches in public right of way See Note 2 Maximum Height 32 ft. 32 ft. Maximum 1:1 for properties in .73:1 (19,665 sq. ft.) Allowable Floor Main Street Historic Area District (26,981'sq. ft. NOTE 1: HPC has granted a variance for the front yard setback for the historic cabin at Conceptual Review and will consider granting a variance for the front yard setback for the new buildings at Final Review. NOTE 2: HPC has granted a variance for the side yard setbacks for the existing historic cabin along Third Street at Conceptual review. An encroachment license was previously granted by the City for the cabin that extends onto the public right of way (see Clerk and Recorder Reception No. 396080). 2 HISTORIC PRESERVATION COMMISSION REVIEW: DESIGNATION OF HISTORIC PROPERTIES: AppllcaritS fOr hlStoric desigriatiori mUSt Show that a structure meets the criteria, pursuant to Section 26.415.030(8). The HPC makes a recommendation to City Council to approve, approve with conditions or deny an application. Final Review Authority: City Council. CERTIFICATE OF APPROPRIATENESS FOR MAJOR DEVELOPMENT: Th1S reV1eW 1S required fOT the construction of a new structure within a Historic District, and requires approval by the HPC of a Conceptual Development Plan, and then a Final Development Plan, pursuant to Section 26.415.070(D)1(a-f). Final Review Authority: Historic Preservation Commission. HISTORIC DESIGNATION 26.415.0308. Criteria. To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and Structures, an individual building, site, structure or object or a collection of buildings, sites, structures or objects must have a demonstrated quality of significance. The significance of the property located at 435 W. Main Street was evaluated according to the following criteria: 1. The property was constructed at least forty (40) years prior to the year in which the application for designation is being made and the property possesses sufficient integrity of location, setting, design, materials, workmanship, and association and is related to one or more of the following: a. An event, pattern, or trend that has made a significant contribution to local, state, regional or national history, b. People whose specific contributions to local, state, regional or national history is deemed important and can be identified and documented, c. A physical design that embodies the distinctive characteristics of a type, period or method of construction, or represents the technical or aesthetic achievements of a recognized designer, craftsman or design philosophy that is deemed important. Staff Response: According to the Assessor's office, the cabins on this site were built in 1940. Quoting from the white paper that has been prepared by the Community Development Department titled, "Aspen's 20th Century Architecture: Rustic Style Buildings," "In Aspen, Colorado, Rustic Style cabins used as lodges and residences, began to be built in the 1930's, though the tourism industry was Circa Mid-20th Century photo of 435 W. Main Street still in its infancy.. The Waterman Cabins, built in 1937, and once located at the corner of 7th and Hallam Streets, have since been demolished, but were one of Aspen's first group of small tourist cottages. The Swiss Chalets (now L'Auberge, and suffering from the "chalet" misnomer- as they are indeed, in the rustic style) are located at 435 W. Main Street, and were built during roughly the same period. Prescient, and perhaps with a nod to the automobile's growing influence in American society, a motor court configuration at the Chalets allowed guests to drive right up to the individual units." Staff found that 435 W. Main Street helps to illustrate the trends related to early development of tourism in Aspen and therefore meets "Criterion A." "Criterion B" can be difficult to apply for recent past properties because for the most part they are associated with persons who are living and whose contributions to history cannot be evaluated without bias. At present, staff does not have information that would support a finding that "Criterion B" is met. The Rustic Style paper defines the distinctive characteristics that must be present in order to meet "Criterion C." They are: • Hand built structures that are constructed out of locally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. Later examples include machine cut logs. • The buildings are usually single story, with aloes-pitched gable roof. • True log construction with overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregularities between the logs either way. Machine made buildings mimic these details, though without the chinking. • Window openings are spare and usually horizontally proportioned, wood trim is used to finish out the window openings. • Building plans are simple rectangular forms, with smaller additive elements. • The roof springs from the log wall, and gable ends are often infilled with standard framing. This may be a small triangle or a second level of living space. The emphasis is on hand-made materials and the details stem from the use of the materials, otherwise the detail and decoration is minimal. Staff finds that 435 W. Main Street exhibits all of these fundamental characteristics and meets "Criterion C." These small cabins are hand-built, rectangular frame structures with board and batten siding, which was a common material for the style along with log. Each building has a chimney and a limited number of small windows. The property meets two of the three designation criteria, which leaves the question of integrity to be evaluated. Integrity can be measured through the scoring system that HPC 4 has developed. Staff has completed site visits and an initial assessment for all of the remaining Rustic style buildings constructed during the local period of significance, which has been identified as pre-World War II until the early 1970's. At least 20 buildings exist in town that might be considered important within the Rustic style, including residences and lodges. Only four of these properties, 308 Park Avenue, 300 W. Main Street, 501 W. Main Street, and 304 W. Hallam Street, are currently landmarked. In general the L'Auberge cabins are well preserved. Two are connected together. It is not clear if this is an original condition or not. It dates from at least 1969 based on aerial photographs. Staffls integrity assessment for 435 W. Main is that the property warrants 85 out of 100 points, which is above the 75 point minimum requirement. The least successful aspect of the property's integrity is preservation of the setting, which has been greatly impacted. Staff supports landmark designation for this property. For clarification, designations are always defined by the entire boundary of the property, and not limited to individual structures on a lot. In August 2005, the HPC voted 5-0 to recommend approval of the landmark request. MAJOR DEVELOPMENT The applicant and the Historic Preservation Commission met during a series of public hearings over 18 months, resulting in the HPC granting Conceptual Approval for a Major Development in August 2005. Historic Preservation Officer Amy Guthrie will brief the Council on the HPC process. The following is a brief recounting of the HPC's review of the application, which focused on several issues and factors, including: ^ Preservation and historic designation of the 1940's-era cabins; ^ Retention of some of the cabins on-site; ^ The new development's relationship to the height + scale of the cabins and other designated buildings in the district; ^ The FAR that is allowable for the property. Ultimately, the HPC granted Conceptual Approval for a Major Development that features two buildings with a recessed connector element, intended to respect the context of Main Street by breaking up the mass of the project. In addition, the applicant agreed to retain six cabins at their existing locations on-site and apply for historic designation of the cabins. Also, the new building to be located adjacent to the cabins at the east side of the site is reduced in height and scale to respect the height of the cabins. Breaking up the massing of buildings and reducing the height of buildings through the HPC process resulted in a proposal that is substantially below the allowable FAR for the site. Of the 26,981 square feet allowed under the code for the MU Zone District for this property, the proposal calls for 19,645 square feet, or about 73% of the allowable FAR. This total amount of FAR includes 1,268 square feet of affordable housing. 5 As the project evolved, encroachments into the setbacks developed, including front yard setback variances for a portion of the new building, and variances on the minimum distance between the new buildings and the front of the historic cabins. Staff recommends resolution of remaining dimensional variances be left for HPC Final Review. As part of Resolution No. 31, Series of 2005, the HPC: ^ Granted Conceptual approval for a Major Development; ^ Recommended Council approval of Historic Designation, which includes the retention of six cabins on-site; ^ Granted approval to relocate three additional cabins off-site, pending the location of a satisfactory receiver site and method of relocation; ^ Granted setback variances for the existing cabins; ^ Stated its intention to approve a parking waiver pending P&Z and Council's recommendations related to parking. PLANNING AND ZONING COMMISSION REVIEW: GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION: Th1S review determines the number of employees to be generated by the development, pursuant to criteria outlined in Section 26.470.050(A)1(a-f). Final Review Authority: Planning and Zoning Commission. SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS: This review establishes off-street parking requirements, pursuant to criteria outlined in Section 26.515.040(A)1- 3. Final Review Authority: Planning and Zoning Commission. The applicant's second step in the review process was two public hearings before the Planning and Zoning Commission (please see Exhibit C: P&Z Minutes). The P&Z approved a Growth Management Review to determine employee generation, and a Special Review to establish off-street parking requirements. While the P&Z has final authority under both of these review processes, the substantive issues of affordable housing mitigation and off-street parking~will be part of Council's Growth Management Review as an Essential Public Facility. The following recounting of these issues as presented to the P&Z includes a review of the Council's role regarding these issues under the Growth Management Review as an Essential Public Facility. The P&Z recommended that City Council approve a Growth Management Review as an Essential Public Facility, and Subdivision review. Determination of Employee Generation The Planning and Zoning Commission determined employee generation at 9.63 employees, relying on an analysis of the application by the Aspen Pitkin County Housing Authority (please see Exhibit G). In addition, the applicant has .agreed to a condition of approval that requires an employee generation audit two years 6 ,,.,.,~ ~,.,,~.' from the issuance of the certificate of occupancy to confirm that the employee generation forecast was accurate. Under the Growth Management Review as an Essential Public Facility, it will be City Council's decision to establish the appropriate mitigation for the 9.63 employees. The proposal includes three cabins as Category 2 rental affordable housing: two studios and one, one-bedroom, which mitigates for 4.25 FTEs. The APCHA Board has recommended that the three affordable housing units on-site are sufficient mitigation for this project. Staff agrees that this 44% rate of mitigation is appropriate for this project, and a condition of approval requires that any additional FTEs generated in the future be mitigated at the same rate. Establishing Off-Street Parking Requirements The limited number of off-street parking (9 spaces) approved as part of the P&Z Special Review to Establish Off-Street Parking Requirements is a result of several factors related to the physical constraints of the site, the design of the site plan, the location of the site, and the future programming and operation of the Center, including: ^ A private covenant by the former owners and a neighboring property owner establishing a 20-foot open space reservation in the southwest corner of the property; ^ HPC recommendation to retain six cabins on the site; ^ HPC recommendations to lower height at the east of the property and the breaking up of masses, resulting in the relocation of several functions into sub-grade areas, eliminating the potential for sub-grade parking. ^ The staggering of programming and events at the Center throughout the day and week, reducing parking pressure on neighboring streets; ^ Use of the parking spaces off the alley as a one-way, continuous movement drop-off and pick-up area facilitated by staff for pre-school operations at the Center; ^ The availability of on-street parking in the neighborhood as demonstrated by the applicant's parking study; ^ The location of the Center on a transit route; ^ The provision of bike racks and free bus passes for employees; ^ The commitment to car-pooling and ongoing communication with users of the Center regarding the lack of on-site parking. One of the criteria of the Growth Management Review as an Essential Public Facility, which Council will review, requires that a project "represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communications utilities, drainage control, fire and police protection, solid waste disposal, arkin and road and transit services. 7 ~... ;,¢ While the P&Z approved a Special Review to Establish Off-Street Parking Requirements, the Council will be able to review the subject of parking under its Growth Management Review as an Essential Public Facility. Center Programming & Parking While there is a variety of programming planned for the Center, these distinct uses are staggered throughout the day, from 8 am to 10 pm. In addition, some uses will create drop-off and pick-up scenarios, while others will attract a mixture of short-term and long-term parking. The proposed Pre-School is the only activity the Center is planning on each weekday, from 8 am to 4 pm, and while the Center expects up to 40 children to attend, the mode of transportation is a drop-off and pick-up scenario. The applicant has agreed to a condition of approval requiring the use of seven (7) parking spaces and safety cones to create aone-way, continuous-movement drop- off program facilitated by staff at the Center, rather than using these seven parking spaces as traditional parking spaces for pre-school drop-off and pick-up. The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm, and is expected to attract up to 10 children under a similar drop-off scenario. The schedule avoids overlapping with the end of Pre-School, thereby staggering drop- off activities. The Adult Education programs are offered two nights per week from 8 pm to 10 pm, and are expected to attract 15-25 people, and the Teen Program is planned for one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people. Both of these programs are expected to generate short-term parking, but at different times of the evening. Religious services are scheduled each Friday evening and Saturday morning, with attendance expected in the range of 40-50 people. Because it is typical that couples and families attend these religious services, there is a natural carpooling effect. In addition, some attendees will adhere to the traditional Jewish prohibition on driving during these times, and will use alternate modes of transport to attend. The special events planned at the Center are expected to generate the largest demand for parking, with attendance ranging from 50 to 200 people. The applicant has agreed to a condition that limits the number of these events to 10 per year. If more special events are to be held, the condition of approval requires the Center to undergo a review of its employee generation -with the potential for additional mitigation -- and an additional Special Review of its off-street parking requirements before the Planning and Zoning Commission. In addition, the applicant has agreed to a condition requiring starting times for special events no earlier than 6 pm during the winter season and no earlier than 7 pm during the summer season. The intent is to hold these events when on-street parking is more 8 readily available, after those who work in nearby offices and retail stores have left the area. These special events will range from films and lectures to barmitzvahs and weddings. Although it is impossible to calculate a percentage, family celebrations are expected to generate attendance from extended family, who are likely to stay with relatives or in lodges that provide van services. The special events will place the largest demand on street parking in the neighborhood. Applicant's Parking Study The applicant submitted a parking study in 2004 by Fellsburg Holt and Ullevig (FHU), and submitted an updated study by FHU in May 2006, which considers the implementation of the bus lane on Main Street and the accompanying reduction in on-street parking spaces. In addition, the applicant submitted a revised study in July 2006, as requested by staff. The studies examine the on-street parking occupancy on ten (10) blocks surrounding the Center, using data collected in March 2004, and late June 2006 (as requested by staff). The report concludes that for normal daily and weekly operations, "nearly all Center patrons would be accommodated along the block faces adjacent to the site," while larger special events that are limited to ten (10) per year, would fill "both sides of the street on the three blocks nearest the Center." Staff believes that the location of the Jewish Community Center along a mass transit route, the staggered schedule of parking demands, the conditions of approval regarding multi-modal transportation, the apparent availability of on- street parking according to the studies conducted by Fellsburg Holt and Ullevig, and the nature of the various uses at the Center combine to create a scenario that appears to serve the parking needs of this project. Conditions of Approval Related to Parking Issues The Planning and Zoning Commission approved the following conditions to support its approval of off-street parking requirements. These conditions are part of the Ordinance before Council, as follows: ^ Nine (9) off-street parking spaces. ^ Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable housing users. ^ The Center shall utilize at least one staff member to establish and facilitate a temporary off-street drop-off and pick-up area for the Pre-School operation, using up to seven (7) parking spaces in the off-street parking area. The Center shall use these parking spaces and safety cones to create a one-way, continuous-movement drop-off program, and not as traditional parking spaces. The applicant shall be responsible for maintaining this area in a manner that provides for public safety in the winter months, including snow and ice removal. 9 ^ .Applicant shall submit a request to the City of Aspen to post the alley adjacent to the on-site parking area as one-way. The proposed direction of the one-way designation shall be decided in cooperation with the City and the neighbors on the alley. ^ If the Center holds more than ten (10) Special Events in a calendar year, as defined on p. 6B of the February 2006 application, the applicant shall be required to obtain an additional approval for a Special Review to Establish Off-Street Parking Requirements, pursuant to Section 26.515.040(A)1-3. ^ Applicant shall print on all event flyers that on-site parking is not available, and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. ^ Applicant shall require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. ^ Applicant shall maintain information on its website regarding the lack of on- site parking, and information regarding car-pooling or use o£public transit. ^ Applicant shall not schedule Special Events with a projected attendance in excess of 50 people before 6 pm during the winter season or before 7 pm during the summer season. ^ Applicant's daycare operation shall make a good faith effort to work with parents of enrolled children to establish and maintain a carpool program. ^ Applicant shall stagger arrival times for pre-school classes once enrollment reaches 25 children. Arrival times will be staggered by at least 15 minutes per class. ^ Applicant shall actively participate in the City's Transportation Options Program (TOP). ^ Applicant shall provide covered and secure bike storage. ^ Applicant shall provide free bus passes to employees who do not live on- site. NECESSARY LAND USE APPROVALS: The following City Council land use approvals are requested and necessary for approval of this project. GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY: Th1S reV1eW fOCUSeS Ori the development's role as an Essential Public Facility. The Community Development Director has determined that the proposal is an Essential Public Facility, pursuant to criteria outlined in 26.480.050(A-F). The Planning and Zoning Commission recommended that Council approve this application with conditions. Final Review Authority: City Council. SUBDIVISION REVIEW: Although no subdivision of land and no separate interests are to be created through this proposal, the term "subdivision" in the Land Use Code encompasses three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and Structures. Because this proposal would establish three deed-restricted housing units, subdivision approval is required, pursuant to criteria outlined in Section 26.480.050(A-F). 10 ~,rr` The Planning and Zoning Commission recommended that Council approve this application with conditions. Final Review Authority: City Council. DESIGNATION OF HISTORIC PROPERTIES: AppllcaritS for h1StOr1C desigriatiori mUSt SNOW that a structure meets the criteria, pursuant to Section 26.415.030(B). The HPC makes a recommendation to City Council to approve, approve with conditions or deny an application. Final Review Authority: City Council. KEV ISSUES: The following addresses the key issues regarding each of the two (2) reviews before the City Council Growth Management Review as an Essential Public Facility The Land Use Code establishes this as a separate review process largely because Essential Public Facilities are often unique. A more typical Growth Management review often focuses on the generation of new employees due to intense commercial uses, or free market residential uses that result in a high level of services. In this case, there is no commercial component, and the residential component consists of three units of affordable housing. The first criteria for a Growth Management Review of an Essential Public Facility requires that the Community Development Director determine that "the primary use and/or structure be an Essential Public Facility," defined as: "A facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community." The Community Development Director has determined this project is an Essential Public Facility for the following reasons, taken together: ^ The proposal would establish a primary location for religious services and religious education in one of the world's oldest religious traditions for the first time in Aspen. The Center represents a new addition to existing locations for religious services and religious education, such as St. Mary Catholic Church the Aspen Community Church, the Aspen Chapel, the Episcopal Church in Aspen, the Messiah Lutheran Church and others. Providing appropriate spaces for religious reflection and education serve an essential public purpose. ^ The proposal includes apre-school, teen programs and adult education programming that is open top both Jewish persons and members of the broader community. Apre-school is a rare use in the City of Aspen, and an extremely valuable asset to the community. Also among the criteria for Growth Management Review as an Essential Public Facility is "consistency with the 2000 Aspen Area Community Plan " (AACP). Staff strongly believes the proposal meets the intent of each chapter in the AACP, due to the preservation and designation of historic structures, the incorporation of affordable housing on-site, its location in the Infill Area and along a transit route, the building's context-sensitive design, and the provision of cultural education 11 and promotion of diversity. Staff has excerpted from each chapter of the AACP and described the applicant's compliance as part of its response to this criteria (please see Exhibit A). Under this Growth Management Review, the Council must find that "a sufficient percentage of the employees expected to be generated by the project are mitigated through the provisions of affordable housing or cash-in-lieu thereof... " The APCHA Board has recommended that the mitigation of 4.25 of the 9.63 employees to be generated by this proposal is sufficient mitigation. Staff agrees that this 44% rate is adequate. The retention and use of three cabins on-site (two studios and aone-bedroom) as affordable housing, the substantial impact on the site design from the retention of these structures and the applicant's request that the cabins be designated as historic structures contribute to this staff finding. In response to a question from Councilman J.E. DeVilbiss at 1St Reading, the City has typically required less than a 60% housing mitigation rate for essential public facilities. For example, the ARC features only one affordable housing .unit. Most recently, there was no housing mitigation required for the addition to the Red Brick Building. Generally speaking, this lower mitigation rate reflects a recognition that an essential public facility intrinsically provides a public benefit. Another Growth Management Review criteria requires that anew project "represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communications utilities, drainage control, fire and police protection, solid waste disposal, arkin and road and transit services." The most significant potential impact of this proposal on public infrastructure is its use of on-street parking. This issue has been reviewed extensively earlier in this memo, and additional review can be found in Exhibit A. Subdivision Review Although no subdivision of land and no separate interests are to be created through this proposal, the term "subdivision" in the Land Use Code encompasses three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and Structures. Because this proposal would establish three deed-restricted housing units, subdivision approval is required. (Please see Exhibit B.) Historic Designation As noted in this memo, staff supports Historic Designation, and the HPC has recommended that City Council approve Historic Designation for 435 W. Main Street. 12 -. CITY MANAGER'S COMMENT: RECOMMENDED MOTION: "I move to approve Ordinance No. 36, Series of 2006, approving a Growth Management. Review as an Essential Public Facility, Subdivision review and Historic Designation, with conditions, finding that the review criteria for the application have been met." ATTACHMENTS: Exhibit A: Staff Findings -Growth Management Review as an Essential Public Facility Exhibit B: Staff Findings -Subdivision Review Exhibit C: Planning and Zoning Commission minutes + Resolution Exhibit D: Application Exhibit E: Revised Parking Study / Fellsburg Holt & Ullevig Exhibit F: Summer Parking Analysis /July 5, 2006 Exhibit G: Applicant letter regarding TDM Commitments Exhibit H: Employee generation and mitigation review /Aspen Pitkin County Housing Authority NOTE: Exhibits provided at 1St Reading 13 ORDINANCE N0. 36 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY AND HISTORIC DESIGNATION, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,COLORADO. Parcel ID: 2735-124-81-001 WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, submitted an application (hereinafter "the application") requesting approval of Growth Management Review as an Essential Public Facility and Subdivision Review to construct the Jewish Community Center, located at 435 W. Main St., Lots A-I, Block 38, City and Townsite of Aspen; and, WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if HPC and City Council determine sufficient evidence exists that the property meets the criteria; and WHEREAS, the Community Development Department Director determined that the Jewish Community Center is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on June 20, 2006, the Planning and Zoning Commission opened and continued the public hearing to July 11, 2006; and, WHEREAS, during a continued public hearing on July 11, 2006, the Planning and Zoning Commission opened and continued the public hearing until July 18, 2006; and WHEREAS, during a continued public hearing on July 18, 2006, the Planning and Zoning Commission approved Resolution No. 24, Series of 2006, by a five to one (5- 1)vote, approving with conditions, a Growth Management Review to determine employee generation, and Special Review to establish off-street parking requirements; and recommended approval to City Council of a Growth Management Review as an Essential Public Facility, and Subdivision review; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, 1 ~~.. WHEREAS, during a duly noticed public hearing on September 25, -2006, the Aspen City. Council reviewed the proposal and approved Ordinance No. 36, Series of 2006, by a vote, approving with conditions, the Jewish Community Center Subdivision, and Growth Management Review for an Essential Public Facility; located at 435 West Main Street, Lots A-I, Block 38, City and Townsite of Aspen; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1• Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions, a Growth Management Review as an Essential Public Facility and Subdivision in order to construct the Jewish Community Center, located at 435 W. Main Street, Lots A-I, Block 38, City and Townsite of Aspen. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of City Council approval. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final City Council Ordinance, Planning & Zoning Commission Resolution and Historic Preservation Commission Resolutions. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. 2 e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. £ A fugitive dust control plan to be reviewed and approved by the City Engineering Department. g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the site is limited to the dimensional requirements established in the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February 2006 Subdivision application, and further subject to Historic Preservation Commission Final Review. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof. Section 6: Sidewalks, Curb, and Gutter The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the Historic Preservation Commission, and shall be upgraded to meet City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall also repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Affordable Housing The three (3) on-site affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the subdivision plat and prior to the issuance of a Certificate of Occupancy for the units, classifying the units as Category 2 units. a) At least two parking spaces shall be allocated and reserved for the employee-housing units on site. b)The units will be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance for a period of one year or more. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. 3 ~. _ c) APCHA or the applicant shall structure a deed restriction for the units such that 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. d)Due to the ability to have the employees live on-site, if such employee is employed by the Community Center, the income and assets can be waived. e) The applicant shall conduct an employee audit two years after issuance of the Certificate of Occupancy for the development under the following terms: 1. The applicant shall retain an auditor and shall .gain prior approval from the Housing Office for the selection of the auditor. 2. The applicant shall be fully responsible for all fees associated with retaining an auditor. 3. Should the audit show additional employees over the 9.63 FTE, the applicant shall mitigate at an identical rate established by this Ordinance (44 percent) for those additional employees required under the Guidelines in effect at the time of the audit -either by providing units or by providing a payment-in-lieu fee. f) If more than ten (10) Special Events are held in a calendar year, as defined in the application (p. 6B), the applicant shall be required to conduct an employee audit under the terms of Section 7(f)1-3. Section 8: Relocation of Cabins Applicant may relocate three (3) cabins off-site only upon approval of the Historic Preservation Commission of a satisfactory receiver site and method of relocation. Section 9: Determination of Employee Generation The Planning and Zoning Commission has determined that 9.63 FTEs shall be generated by the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority. The three Category 2 rental affordable housing units on site provide mitigation for 4.25 FTEs. Section 10: Establishing Off-Street Parking Requirements The Planning and Zoning Commission has established off-street parking requirements as follows: a) Nine (9) off-street parking spaces. b)Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable housing users. c) The Center shall utilize at least one staff member to establish and facilitate a temporary off-street drop-off and pick-up area for the Pre-School operation, using up to seven (7) parking spaces in the off-street parking area. The Center shall use these parking spaces and safety cones to create aone-way, continuous-movement drop-off program, and. not as traditional parking spaces. The applicant shall be 4 ~,y„ responsible for maintaining this area in a manner that provides for public safety in the winter months, including snow and ice removal. d)Applicant shall submit a request to the City of Aspen to post the alley adjacent to the on-site parking area as one-way. The proposed direction of the one-way designation shall be decided in cooperation with the City and the neighbors on the alley. e) If the Center holds more than ten (10) Special Events in a calendar year, as defined on p. 6B of the February 2006 application, the applicant shall be required to obtain an additional approval for a Special Review to Establish Off-Street Parking Requirements, pursuant to Section 26.515.040(A)1-3. Section 11: Transportation and Parking a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in place by building permit submittal. Fee shall be paid prior to issuance of building permit. b)Applicant shall print on all event flyers that on-site parking is not available, and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. c) Applicant shall require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. d) Applicant shall maintain information on its website regarding the lack of on-site parking, and information regarding car-pooling or use of public transit. e) Applicant shall not schedule Special Events with a projected attendance in excess of 50 people before 6 pm during the winter season or before 7 pm during the summer season. f) Applicant's daycare operation shall make a good faith effort to work with parents of enrolled children to establish and maintain a carpool program. g)Applicant shall stagger arrival times for pre-school classes once enrollment reaches 25 children. Arrival times will be staggered by at least 15 minutes per class. h)Applicant shall active participate in the City's Transportation Options Program (TOP). i) Applicant shall provide covered and secure bike storage. j) Applicant shall provide free bus passes to employees who do not live on-site. Section 12: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 13: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. 5 Section 14: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's. rules and regulations. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 15: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 16: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 17: Landscaping a) Tree Protection_ A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. b)Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along Hopkins Ave and part of the South West corner located next to the Large Cottonwood Tree. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. c) The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. d)An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or on site. e) Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. 6 The ROW trees along 4th and 3`d streets should be of another species other than cottonwood. f) Realignment of the ditch will require specific coordination between the Parks Department and the contractor. The realignment will have to take place during a time period when the ditch is closed for the off-season. Realignment will also require the use of a Bentomat type material in order to reestablish the integrity of the ditch. g)Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones h)Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root greater than 2" encountered during the installation will require approval before removal. Play yard fence must be constructed according to State of Colorado standards for daycare centers. i) The installation of the new sidewalk at the corner of 4t" and Main Streets needs to be designed at grade bridging over the root systems of the existing cottonwood trees. Section 18: Historic Preservation Commission Approvals Required Final Development Plan approval by the Historic Preservation Commission must be obtained prior to issuance of a Building Permit for the Project. Section 19: Historic Landmark Designation Pursuant to Section 26.415.030.B of the Municipal Code, Criteria for listing on the Aspen Inventory of Historic Landmark Sites and Structures, the property is hereby designated on the Aspen Inventory of Historic Sites and Structures, as the site possesses sufficient integrity of location, setting, design, materials, workmanship and association and the site is related to designation criteria 26.415.030.B.2.aand 26.415.030.B.2.c. Section 20: Vested Rights The development approvals granted herein shall constitute asite-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general. public of the approval of a site specific 7 ..w development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially 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, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 435 W. Main Street, Lots A - I, Block 38, City and Townsite of Aspen, Pitkin County, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 21: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Aspen Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions. Section 22: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 23: 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 24: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. Section 25: A public hearing on the Ordinance shall be held on the 25~' day of September, 2006, at 5:00 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 in a newspaper of general circulation within the City of Aspen. Section 26: This ordinance shall become effective thirty (30) days following final adoption. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 28`x' day of August, 2006. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of , Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor Approved as to form: John Worcester, City Attorney 9 Exhibit A Essential Public Facility: Review Criteria & Staff Findings Pursuant to Section 26.470.040(D)3, the development of an Essential Public Facility, upon a recommendation by the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the criteria listed in Section 26.470.040(D)3(a-f): a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. Accessory uses may also be part of an Essential Public Facility project. Staff Finding: The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. Definition of Essential Public Facility: A facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community. Determination: The Community Development Director has determined that the primary use and/or structure is an Essential Public Facility for the following reasons, taken together: ^ The Jewish Community Center proposal would establish a primary location for religious services and religious education in one of the world's oldest religious traditions for the first time in Aspen. This Center represents a new addition to existing locations for religious services and religious education, such as St. Mary Catholic Church, the Aspen Community Church, the Aspen Chapel, the .Episcopal Church in Aspen, the Messiah Lutheran Church, and others. Religious reflection and education serve an essential public purpose. ^ The Jewish Community Center proposal includes apre-school, teen programs and adult education programming that is open to both Jewish persons and members of the broader community. Apre-school is a rare use in the City of Aspen, and a valuable asset to the community, and will be available for the use and benefit of the general public. b) Sufficient Growth Management Allotments are available to accommodate the uses, pursuant to section 26.470.0300, Development Ceiling Levels and Section 26.470.030D, Annual Development Allotments. Staff Finding: The City of Aspen has not reached its Development Ceiling Levels for affordable housing, and there is no Annual Development Allotment for affordable housing. There are no other uses proposed on this site that must comply with this section. c) The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: Staff finds that establishing a Jewish Community Center in the Infill Area near the downtown -- and doing so in a way that preserves historical resources and provides affordable housing -- meets the philosophies and goals outlined in each chapter of the AACP. Staff has excerpted portions of each chapter of the AACP and provided sub-findings, as follows: Managing Growth We should discourage sprawl and recognize its cost to the character of our community, our open spaces and our rural resources as well as the fiscal expenses associated with the physical infrastructure of sprawl. Sub-Finding: The Jewish Community Center is located in the Infill Area, near the downtown. Transportation New development should take place only in areas that are, or can be served by transit, and only in compact, mixed-use patterns that are conducive to walking and bicycling. The amount of surface land area devoted to the automobile (particularly for parking) should decline from the 1998 level. Sub-Finding: This development would contribute to a compact, mixed-use pattern that is served by transit and is conducive to walking and bicycling. This location allows the development to minimize on-site parking. Housing Development of affordable housing within the traditional town site should be encouraged so as to protect our open and rural lands. When employees have the ability to live near where .they work, their reliance on the automobile lessens and they have greater opportunities to become a part of the town's social fabric. Sub-Finding: The infill affordable housing provided by this development creates a live-work site, reduces the reliance on the automobile and creates a greater opportunity for employees to become part of the town's social fabric. Economic Sustainability Encourage resource efficiency, environmental responsibility, and cultural and community sensitivity in local organizations and in construction. Sub-Finding: Part of a successful tourist economy is the ability to welcome diverse cultures. This Center reflects evidence of this effort, and would serve as a place for extended family and visitors to celebrate landmark events such as weddings and barmitzvahs. ,.«~, Parks Open Space and the Environment Seek opportunities to discourage sprawl in order to preserve open spaces between communities. Encourage infill projects that integrate more housing into the existing urban fabric. Sub-Finding: This proposal is an infill project that integrates housing into the existing urban fabric. Historic Preservation We must continue to build on what we have by authentically preserving historic structures and creating thoughtful new buildings that encourage and shape that feeling of historical continuity. Retain and support an eclectic mix of historical structures in our community. ... Create a more vibrant town with appropriate mixed uses and a variety of building sizes. Allow historic patterns to inform new development throughout town. Sub-Finding: This proposal authentically preserves historical structures by retaining them at their current locations on the site; an effort that created challenging ripple effects for the rest of the site, including the need to step-down heights adjacent to the one-story cabins. The existing cabins represent an example of an "eclectic mix of historical structures ..." while the overall development reflects a variety of building sizes. In a larger sense, the applicants allowed "historic patterns to inform new development ..." Design Quality Our design philosophy is inclusive, recognizing the need fora "both/and" approach, rejecting a black and white "either/ or" approach. Decisions regarding scale, massing, form, materials, texture, and color must be first measured by context. Sub-Finding: The applicant's willingness to work with the historical cabins showed a "both/and" approach that informed decisions about massing and form. Arts, Culture and Education (The City of Aspen) will foster artistic creativity and excellence, promote cultural diversity, and provide continuing learning opportunities.... Nurture intellectual and spiritual growth that enriches our lives while challenging our imaginations. Sub-Finding: Establishing a Jewish Community Center promotes cultural diversity and nurtures intellectual and spiritual growth. Operating apre-school is a very difficult economic model in the City of Aspen, and seeking to open a new pre-school that will be open to all members of the community reflects a significant learning opportunity. Other educational programs for teens and adults, including both Jewish persons and members of the broader community, represents an additional learning Exhibit B Subdivision: Review Criteria & Staff Findings Pursuant to Section 26.480.040(C)1, the Planning and Zoning Commission shall adopt a resolution recommending approval, approval with conditions or denial of a subdivision, according to criteria listed in Section 26.480.050(A-F). A) General requirements a) The proposed subdivision shall be consistent with the Aspen Area Community Plana Staff Finding: Although no subdivision of land and no separate interests are to be created through this proposal, the term "subdivision" in the Land Use Code encompasses three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and Structures. Because this proposal would establish three deed-restricted housing units, subdivision approval is required. Regarding consistency with the AACP, please see staff finding in Exhibit C regarding Section 26.470.040(D)3(c). b) The proposed subdivision shall be consistent with the character of the existing land uses in the area. Staff Finding: The proposed development is surrounded by a mix of uses including single-family, duplex, multi-family housing, lodging, retail and office. The character of the area is defined by a mixture of uses. Adding additional affordable housing is appropriate for amixed-use area. c) The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding: This proposal would not adversely affect the future development of the surrounding areas. d) The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding: This proposal would comply with all applicable requirements. ter, B) Suitability of Land for Subdivision a) The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Staff Finding: The proposal meets this standard. b) The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding: The proposal meets this standard. C) Improvements The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met.• 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding: No variances from the City's adopted improvements standards are anticipated for this project. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which. is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding: All of the residential units in the subdivision are affordable housing units. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Finding: The applicant will comply with the requirements of this Section. The applicant anticipates payment-in-lieu for the affordable housing units. F. Growth Management Approval Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. Staff Finding: Requests for Growth Management review for the affordable housing mitigation and as an Essential Public Facility are part of this application. City of Aspen Land Use Code. June, 2005. Part 400, Page 145 a) The improvements ,.,.. ,: ` Exhibit A Essential Public Facility /Employee Generation: Review Criteria & Staff Findings Pursuant to Section 26.470.050(A) l (a-f), "All Essential Public Facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation. In establishing employee generation, the Planning and Zoning Commission shall consider the following:" a) The expected employee generation of the use considering the employment generation pattern of use, or of a similar use within Aspen or similar resort economy. Staff Finding: The Jewish Community Center is a unique use, combining religious services, education and special events. The Center expects to employ nine (9) full- time employees, including: one Rabbi, six employees operating the pre-school, one secretary, one caretaker. The Center also expects to employ some part-time contract employees, including minimal support for the pre-school (1-2 hours per week); support for social functions; and up to 4 camp counselors (up to 25 hours per week) for 2-3 months during the summer. Considering the 9 full-time employees and the various part-time employees, the Aspen Pitkin Housing Authority has determined that the Center will generate 9.63 employees. Community Development staff agrees with this calculation. b) Any unique employment characteristics of the operation. Staff Finding: The Center offers a variety of uses, including pre-school, adult education, special events and religious services. c) The extent to which employees of various uses within amixed--use building, or of a related off-site operation, will overlap or serve multiple functions. Staff Finding: Although this is not amixed-use building in the traditional sense, the Center expects to operate apre-school, Hebrew School, adult education, hold social functions and offer religious services. Some of the same employees will work to provide these different services. There are no related off-site operations. d) A proposed restriction on the type of business, requiring full employee generation mitigation upon vacation of the type of business, which may be acceptable to the Planning and Zoning Commission. Staff Finding: The applicant has agreed to a condition of approval that restricts the Center only to the uses outlined in this application. The applicant has further agreed to place a limit on the frequency of special events as defined in the application (p.6), to no more than 10 per year. If uses are to change in the future, or if more than 10 Special Events are held in the future, another employee generation study would be carried out and further mitigation may be required. e) Any proposed follow-up analyses of the project (e.g. an audit) to confirm actual employee generation. Staff Finding: The applicant has agreed to a condition of approval that requires an employee generation audit to confirm that the employee generation forecast was accurate. ~ For Incentive Lodge Projects only: An efficiency or reduction in the number of employees required for the lodging component of the project may, ay the discretion of the Commission as a means of incentivizing a lodge project, be applied as a credit .... Staff Finding: This guideline does not apply to this project. Exhibit B Special Review /Off-Street Parking: Review Criteria & Staff Findings Pursuant to Section 26.515.030, off-street parking requirements for Essential Public Facilities are established by Special Review. Pursuant to Section 26.515.040(A)1-3, a Special Review for establishing, varying, or waiving off-street parking requirements may be approved, approved with conditions, or denied based on conformance with the following criteria. Review is by the Planning and Zoning Commission. 1) The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts of on-street parking on the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Staff Finding: The applicant is proposing nine (9) on-site parking spaces, with two reserved for residents of affordable housing units. Additional parking demand would be accommodated by on-street parking in the neighborhood. Staff finds that the location of the Center along a mass transit route, the expected schedule of parking demands, the conditions of approval, the availability of on-street parking according to the studies conducted by Fellsburg Holt and ~Ullevig, the City's recently changed position regarding the requirements for on-site parking and the nature of the various uses at the Center combine to meet this criterion. However, staff is recommending additional data collection during the busier summer months would be useful. The applicant has agreed to the additional data collection, and the timing of the review process appears to allow sufficient time for this supplemental work. If higher on-street parking occupancy is found, staff is prepared to recommend an additional condition regarding Special Events at the Center during the months of July and August. City's Parking Requirement Philosophy Regarding off-street parking, the general intent of the Community Development Department, the Planning and Zoning Commission and City Council in recent years is reflected in the 2005 code revisions that reduced parking requirements across multiple zone districts in the downtown area. For example, the code was amended to reduce parking required from two (2) spaces per 1,000 square feet to one (1) per 1,000 square feet in the Commercial Core; a reduction from 1.5/1,000 s.f. to 1/1,000 s.f in the C-1 and SCI zone districts; and a reduction from .7 parking spaces per bedroom to .5 parking spaces per unit in the Lodge and Commercial Lodge zone districts. Staff is not suggesting that any of these new parking requirements should be considered when reviewing the .off-street parking requirements for the Center, as the Center is a fundamentally different use compared to commercial or lodge uses. Staff is pointing out that recent code changes reflect the City's philosophy of no longer requiring extensive parking on-site, both to enable better urban design and to encourage multi-modal transportation use. Range of Uses at the Center Staff would like to emphasize that unlike commercial, residential and office uses, determining the number and flow of cars to be generated by the Center is not an exact science. To some degree, staff has attempted to factor in the nature of the various uses at the Center in this analysis. For example, there is a prohibition in the Jewish tradition against driving to and from religious services on Friday evenings and Saturday mornings; some comply with this tradition and others do not. While there is a variety of programming planned for the Center, these distinct uses are staggered throughout the day, from 8 am to 10 pm. In addition, some uses will create drop-off and pick-up scenarios, while others will attract a mixture of short-term and long- term parking. The proposed Pre-School is the only activity the Center is planning on each weekday, from 8 am to 4 pm, and while the Center expects up to 40 children to attend, the mode of transportation is a drop-off and pick-up scenario. The Center has agreed to a condition of approval requiring that a staff member rope off adequate on-site parking spaces and facilitate the circulation of drop-offs and pick-ups, including the removal of snow and ice in the winter months. The seven (7) parking spaces are directly adjacent to the street, allowing for a strong opportunity for a successful drop-off circulation area. The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm, and is expected to attract up to 10 children under a similar drop-off scenario. The schedule avoids overlapping with the end of Pre-School, thereby staggering drop-off activities. The Adult Education programs are offered two nights per week from 8 pm to 10 pm, and are expected to attract 15-25 people, and the Teen Program is planned for one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people. Both of these programs are expected to generate short-term parking, but at different times of the evening. Religious services are scheduled each Friday evening and Saturday morning, with attendance expected in the range of 40-50 people. Because it is typical that couples and families attend these religious services, there is a natural carpooling effect. In addition, some attendees will adhere to the traditional Jewish prohibition on driving during these times, and will use alternate modes of transport to attend. The special events planned at the Center are expected to generate the largest demand for parking, with attendance ranging from 50 to 200 people. The applicant has agreed to a ~~ ,~ .~.. condition. that limits the number of these events to 10 per year. If more special events are to be held, the condition of approval requires the Center to undergo a review of its employee generation -with the potential for additional mitigation -- and an additional Special Review of its off-street parking requirements before the Planning and Zoning Commission. These special events will range from films and lectures to barmitzvahs and weddings. Although it is impossible to calculate a percentage, family celebrations are expected to generate attendance from extended family, who are likely to stay with relatives or in lodges that provide van services. The special events will place the largest demand on street parking in the neighborhood. This impact is addressed in the following section. Applicant's Parking Study The applicant has submitted a parking study in 2004 by Fellsburg Holt and Ullevig (FHU), and has submitted an updated study by FHU in May 2006, which considers the implementation of the bus lane on Main Street and the accompanying reduction in on- street parking spaces. The studies examine the on-street parking occupancy on ten (10) blocks surrounding the Center, using data collected in March 2004, during the week of ComedyFest. The report concludes that for normal daily and weekly operations, "nearly all Center patrons would be accommodated along the block faces adjacent to the site," while larger special events that are limited to ten (10) per year, would fill "both sides of the street on the three blocks nearest the Center." Having reviewed the study, Community Development staff and Parking Operations Manager Blake Fitch found that additional data collection during the busier summer months would be useful. The applicant has agreed to the additional data collection, and the timing of the review process appears to allow sufficient time for this supplemental work. Transit + Multi-Modal Uses The Center is located within six blocks of the intersection of Main and Mill Street, creating a reasonable proximity to the downtown area and direct proximity to mass transit routes. The applicant has submitted a letter of May 10, 2006 (please see Exhibit H) that outlines several steps that will be conditions of approval, including: ^ Flyers advertising special events, a periodic newsletter describing programming and the Center's website will include a statement that on-site parking is not available, and will encourage the use of transit, carpooling or bicycles; ^ The Center has recently amended the site plan to include a location for bicycle racks along the front and rear entries of the building; ^ The Center will provide bus passes to all employees who do not live within walking distance of the site; ^ The Center will participate in the City's Transportation Options Program (TOP), including the establishment of a School Pool (carpool) program; ~..,,,~ 2) The on-street parking solution meeting the requirements is practically difficult or results in an undesirable development scenario. Staff Finding: Several key factors, including the Historic Preservation Commission's prior and future review of this application, have limited the applicant's ability to place substantial amounts of parking on-site, including: ^ A private covenant by the former owners and a neighboring property owner establishing a 20-foot open space reservation in the southwest corner of the property; The Historic Preservation Commission review, which recommended retaining six cabins on the site; HPC recommendations to lower height at the east of the property and the breaking up of masses, resulting in the relocation of several functions into sub-grade areas, eliminating the potential for sub-grade parking. After review by the Historic Preservation Commission, the HPC adopted Resolution 31, Series of 2005, including Condition #2 as follows: "HPC has evaluated all surface parking schemes raised and all will have negative consequences except the one proposed. Also, the other designs do no meet the Design Guidelines. The Board is prepared to approve a parking waiver at Final Review, once the City Council determines the number of on-site spaces that would have been required." 3) Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking. Staff Finding: This proposal includes nine (9) on-site parking spaces, with two reserved for residents of affordable housing units. During drop-off hours, a condition of approval requires that several parking spaces be cordoned off by staff in order to establish adrop- off circulation route. The applicant has submitted a Parking Study and a Revised Parking Study that illustrates the availability of street parking in the neighborhood to serve the needs of the Center. Another condition of approval requires ongoing educational efforts to encourage car-pooling, the use of bicycles and/or the use of mass transit. Bicycle racks are a condition of approval. Staff finds that the combination of on-site facilities, the location of this site near the downtown and in direct proximity to transit stops and the availability of street parking adequately serves the needs of this development. opportunity, promotes cultural diversity and promotes understanding between cultures. d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provisions of affordable housing or cash-in-lieu thereof in a manner acceptable to the City Council. The Employee Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as deemed appropriate for the purpose of promoting civic uses and in consideration of broader community goals. Staff Finding: According to an analysis by the Aspen Pitkin County Housing Authority, 4.25 of the 9.63 employees (44%) will be mitigated under the current proposal. Although the Rabbi and his wife currently -live in off-site affordable housing, they are not counted as being mitigated. If they were to be considered, the percentage of employees in affordable housing would be 56%. The Aspen Pitkin County Housing Authority Board met to review this application in May 2006, and found that, "The three cabins mitigate for 4.25 FTE's which is acceptable to mitigate for the redevelopment of this property under the Essential Public Facility Code section." Community Development staff also finds the level of mitigation being provided in the current proposal is appropriate and sufficient. Staff recognizes that the- applicant incurred sacrifices and worked extensively with the HPC to retain historical cabins at this site, which are also to be used as on-site affordable housing. Staff also recognizes that this proposal is an Essential Public Facility that meets the intent and philosophy of each chapter in the 2000 AACP. e) Free Market residential floor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.040. C. 6, unless otherwise restricted in the zone district. Staff Finding: This standard is not applicable as there is no free market residential floor area in this proposal. ~ The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communications utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff Finding: Staff finds that the proposal represents minimal demand on public infrastructure, largely due to its location in the Infill Area. To the degree that the proposal places an additional demand on parking spaces in the neighborhood, staff finds this additional demand can be accommodated considering on-street parking occupancy, and will be mitigated by various conditions of approval (please see Exhibit C; Review Criteria 1). ,e AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ~~ ~-~~ .~ ADDRESS OF PROPERTY: ~ pen, CO SCHEDULED PUBLIC HEARING DATE: ~--~ ~ , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, ~~~~ (,~~~',~ ~ __ l L~(7~ ~ ~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~i Publication of notice: By the publication in the legal notice section of an official ' paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hea.^.ng. A copy of the p~wblication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitably, waterproof materials, which was not less than twenty-two (22) inc ,s wide and twenty-six (26) inches high, and which was composed of letters~ot less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the -day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (30CI~ feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin Cou3`~'ty as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. f~ f ~~ ~ . ,~ ature - ~(~1,. The forego'ng "Affidavit of Notice" was ackno ledged before me this ~!~ day of ~~ , 200 ~, by t ~ ti''I~1;~.5 ~~ ~~~=~ Vv'ITiVESS iL1 J1' HA1tiTD AItiTD OFFICIAL SEAL r PUBLIC NOTICE My commission expires: ~ I k ~6 ~ RE: JEWISH COMMUNITY CENTER, 435 WEST . MAIN ST., GROWTH AGEMENT REVIEW, ', SUBDIVISION REV~1V HISTORIC DESICNA- ~ ~ ~ ' ~~ ~~ ~ ~ ~ ~`~ TION PUBLIC HEARING + / NOTICE IS BY C1VEN that a public heazin 2nd Re di ill b h ld M d Notary Public .~` ~ a :""~ g, a n ,w e on e on ay, Se tember 25 2006 t ti t b i t 5 ~. ~a . ~^ ; y ,,, = J)`% <~ ~ i p , , a a mee ng o eg n a ' E,! - y ,~ T ~ ~' p.m. before the Aspen City Council, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, CO, , a o $ ') ~ /~ ~ ~ to review a proposal for a Growth Management y ~ - •.. . (~ ' '^ Review, Subdivision Review and Historic Designs- `.. tlon a[ 435 W. Main Street, Parcel ID# 27351298100E , ~ For further information, contact Ben Gagnon at' ~ the City of Aspen Community Development De- + partment, 130 S. Galena St., Aspen, CO (970) 429- - •~ ATTACHMENTS: r 2755, (or by email at beng®ci.aspen.co.us). AO ~ r - ~ written correspondence related to the applies-. r~ i ~+ ~ ` lion should be sent to the above e-mail or physi-' 't ~ "" .. ' cal address. COPY OF THE PUBLICATION ~`~ ~~ Applicant: Jewish Resource Center Chabad of - ~{~ f,~;~ LnCi('i :J~' r ~ 'C.! l Aspen, c/o Alan Richman Planning Services, ..y ~~ 201 N. Mill ~St.; Aspen, s/Heleo 1Clanderud ~APH OF THE POSTED NOTICE (SIGN) Aspen City Council Published in the % pen Times Weekly on Septem- ~ ber3,2006.(403 1ND GOVERNMENTAL AGENCIES NOTICED BY MAIL ~~~~~ ~ ~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~~~ ~~k ~~~ ~ ~~heL~ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~ ~ a' S , 200 10 STATE OF COLORADO ) ss. County of Pitkin ) I ~ ~ ~'~ ~~-c-"~"~''' (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice.: By the publication in the legal notice section of azl official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached he~~eto. ~ Posting of notice:. By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached he~~eto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information. described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The nanles and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the olvners and governmental agencies so noticed is attached he~•eto. (continued on next page) b j Rezoni»g or text m~~endnaen/. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise. the requirement of an accurate survey neap or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However. the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (l5) days prior to the public hearing on such amendments. ~. Sigiiat re The foregoing "Affidavit of Notice" was acknowledged before me this~~ day of ~~y~-~- (~--~.a. , 200. by A ~~ti;~l ~--t c~Xl ~~l'3 t;~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: .~ ~~ L'v (~ -- Notary Public ' r GN) LIST OF TH1 )TILED o ~ PUBLIC NOTICE RE: JEWISH COMMUNITY CENTER, 435 WEST MAIN ST., GROWTH MANAGEMENT REVIEW, SUBDIVISION REVIEW AND HISTORIC DESIGNATION PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing, 2"d Reading, will be held on Monday, September 25, 2006, at a meeting to begin at 5 p.m. before the Aspen City Council, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, CO, to review a proposal for a Growth Management Review, Subdivision Review and Historic Designation at 435 W. Main Street, Parcel ID# 273512481001. For further information, contact Ben Gagnon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2755, (or by email at ben~(a~ci.aspen.co.us). All written correspondence related to the application should be sent to the above a-mail or physical address. Applicant: Jewish Resource Center Chabad of Aspen, c/o Alan Richman Planning Services, 201 N. Mill St., Aspen, CO 81611 s/Helen Klanderud Aspen City Council Published in the Aspen Times on September 3, 2006 City of Aspen Account Jam and Smudge Free Printing ® vwvw averycom Q A~~® 5160® Use Avery® TEMPLATE 5160® ~' 1-800-GO-AVERY 320 W MAIN LLC 501 WEST MAIN LLC ALLAN ANDREW S PO BOX 2720 532 E HOPKINS AVE 154 MARION ST ASPEN, CO 81612 ASPEN, CO 81611-1818 DENVER, CO 80218 ALPINE BANK ASPEN ASPEN 306 LLC ASPEN CONDO ASSOC 600 E HOPKINS AVE 600 E HOPKINS AVE #304 600 E HOPKINS AVE #304 ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611-2934 ASPEN FSP ABR LLC ASPEN HOMEOWNERS ASSOCIATION ASPEN HOUSING LLC 11921 FREEDOM DR #950 A COLO NON PROFIT CORPORATION 299 MILWAUKEE ST STE 502 RESTON, VA 20190 311 W MAIN ST DENVER, CO 80206 ASPEN, CO 81611 ASPEN MESA STORE LLC ASPEN SQUARE CONDO ASSOC BAILEY RYAN 1994 TRUST 50% C/O ASPEN BLUE SKY HOLDINGS LLC 617 E COOPER AVE 15808798 METAVANTE WAY PO BOX 8238 ASPEN, CO 81611 SIOUX FALLS, SD 57186 ASPEN, CO 81612 BARYON META PACKARD BLONIARZ JOHN W & DONNA L BOOKBINDER FISHDANCE & DELANEY 4475 N OCEAN BLVD APT 43A 1839 N ORLEANS ST LLC DELRAY BEACH, FL 33483 CHICAGO, IL 60614 164 LITTLE PARK RD GRAND JUNCTION, CO 81503 BRAFMAN STUART & LOTTA BEA TRST BRIDGE WILLIAM BRIEN ALICE M 5630 WISCONSIN AVE #401 300 BRANNAN ST #400 332 W MAIN ST CHEVY CHASE, MD 20815 SAN FRANCISCO, CA 94107 ASPEN, CO 81611 BROWDE DAVID A CARINTHIA CORP CARL E GUNGOLL EXPLORATION LLC 604 QUAKER RD 45 E LUPINE DR 6 N E 63RD ST #300 CHAPPAQUA, NY 10514 ASPEN, CO 81611 OKLAHOMA CITY, OK 73105 CARTER RICHARD P CHAMBERS PETE/SEND TAX BILLS TO CHRISTIANA A-202 LLC 400E 3RD AVE #804 DOUGLAS PRICE C/O EZRA GARDNER DENVER, CO 80202 8611 MELWOOD 69 STAGG ST #2A BETHESDA, MD 20817 BROOKLYN, NY 11206 CITY OF ASPEN CLEANER EXPRESS CLICK JANE 130 S GALENA ST 435 E MAIN ST 333 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 UNIT 2A ASPEN, CO 81611 COLORADO MTN NEWS MEDIA COMCOWICH MARK 10% COMCOWICH SUZANNE 10% 500 DOUBLE EAGLE CT PO BOX 293 2 ADAMS ST #1510 RENO, NV 89511 WILMOT, NH 03287 DENVER, CO 80206 Aa311d-09-008-1. ~.,.,~ ®0915 ~!~ege6 al zas!111f1 ®0915 ®~~~~ ~ wow(.iane•iw~nnn ~ ap!dea a6ey~~s @ ~a a6eaanoq!lue uolssaadwl Jam and Smudge Free Printing ® www.averycom ~ p~~® 5160® Use Avery® TEMPLATE 5160® '"'"~ 1-800-GO-AVERY ~, COMCOWICH WILLIAM L 70% CORTALE ITA CRETE ASSOCIATES LP C/O CHARLES CATHCART PROP MGT 205 S MILL ST #112 3418 SANSON ST PO BOX 1374 ASPEN, CO 81611 PHILADELPHIA, PA 19104 ASPEN, CO 81612 CRETE ASSOCIATES LP CROWLEY SUE MITCHELL DEROSE V F C/O UNIVERSITY CITY HOUSING CO 409 S GREENWOOD AVE 1209 N 14TH AVE PO BOX 1524 COLUMBIA, MO 65203 MELROSE PARK, IL 60160 BRYNMAWR, PA 19010 DESTINATION RESORT MGMT INC FARR CHARLOTTE FINE FREDRIC N & SONDRA 610 WEST END ST 306 MCCORMICK AVE 412 MARINER DR ASPEN, CO 81611 CAPITOLA, CA 95010 JUPITER, FL 33477 FRANKEL KATHY TRUST FRIAS PROPERTIES OF ASPEN LLC GOLD RANDAL S EPSTEIN GILBERT AND MOLLIE PO BOX 33 730 E DURANT PO BOX 9813 UNION PIER, MI 49129-0033 ASPEN, CO 81611 ASPEN, CO 81612 GOLDENBERG STEPHEN R & CHERYL J GOLDMAN DIANNE L GREINER JEAN M TRUST 430 W HOPKINS AVE PO BOX 518 333 W MAIN ST ASPEN, CO 81611 FAIRFIELD, CT 06824 ASPEN, CO 81611-1613 NORTON DAYNA L H & H PROPERTIES LLLP HAYMAN JULES ALAN C/O STIRLING HOMES 111 E FAIRBANKS AVE 9238 POTOMAC SCHOOL DR 600 E MAIN ST #102 WINTER PARK, FL 32789 POTOMAC, MD 20854 ASPEN, CO 81611 HOTEL ASPEN CONDO ASSOC ILGEN EILEEN L & JACK D & ELOISE JACOBY FAMILY LP 110 W MAIN ST C/O DAN SODERBERG 1402 DLIVAL DR ASPEN, CO 81611 2569 LOWER RIVER RD GODFREY, IL 62035 SNOW MASS, CO 81654 JBG SECOND QPRT JNM SLEEKER STREET LLP JOHNSTON FAMILY TRUST C/O GILDENHORN JOSEPH B 432 OSCEOLA AVE 2018 PHALAROPE 2030 24TH ST NW JACKSONVILLE BEACH, FL 32250 COSTA MESA, CA 92626 WASHINGTON, DC 20008 KARP MICHAEL KASPAR THERESA D 90% KENDIG ROBERT & SUE 3418 SANSOM ST PO BOX 1637 PO BOX 4649 PHILADELPHIA, PA 19102 ASPEN, CO 81612 ASPEN, CO 81612 KONIG DEBORAH CASUGA LJS PROPERTIES LLC MACDONALD BETTE S TRUST GENERAL DELIVERY 20001 NE 37TH CT 15 BLACKMER RD CARMEL BY THE SEA, CA 93921-9999 AVENTURA, FL 33180 ENGLEWOOD, CO 80110 ® ®~1-~1~~ ~ Jl>d~Ad-O9-008-1 .^~ ®09L5 3!aege6 ai zas!y;f1 0915 ~~'//J wori(.ianp•nnnnnn ~ ap!de~ a6ey~~s ~;a a6ea~noq!;ue uo!ssaadwl lam acrd Smudge Free Printing ® wrww.averycom a ~~~® 5160® Use Avery® TEMPLATE 5160® ® 1-800-GO-AVERY ~' .,~,+ MADISON VENTURE HOLDINGS LLC MARKER STEVEN W MARTEN RANDOLPH C/O STARR & CO LINDA J WACHNER C/O ANDERSON JASON 129 MARTEN ST 850 3RD AVE FBMM 1700 HAYES ST #3304 MONDOVI, WI 54755 NEW YORK, NY 10036 NASHVILLE, TN 37203 MCCARTY DANIEL L 10% MCDONALD FAMILY TRUST MITTEL EUROPA PROPERTIES LLC PO BOX 4051 314 W MAIN ST PO BOX 3678 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 MOLLER DIANE T MONOGRAM REAL ESTATE LLC NORTH AND SOUTH ASPEN LLC 18 RIVER RD 1701 PEARL ST #200 200 S ASPEN ST DURANGO, CO 81302 BOULDER, CO 80302 ASPEN, CO 81611 OLIVER SPORTS BRACING LLC PLATYS DEBBIE ANN PREIN KATHERYN 10% 520 W MAIN ST #20 3513 CAMDEN DR 4692 ERIN CT ASPEN, CO 81611 LONGMONT, CO 80503 ANN ARBOR, MI 48105 PRICE DOUGLAS QUINN CHRISTINE RICHTER SAM PO BOX 8589 DRAWER C-2 16330 MIRASOL WAY ASPEN, CO 81612 SNOW MASS VILLAGE, CO 81615 DELRAY BEACH, FL 33446 RICKEL DAVID RISCOR INC ROSENTHAL DIANNE 3928 DOVE CIRCLE 2651 N HARWOOD ST #335 PO BOX 10043 HUNTINGTON VALLEY, PA 19006 DALLAS, TX 75201-1576 ASPEN, CO 81612-7311 SAMIOS CAROLE & NICHOLAS A SCHOETTLE SHARON SCOTT MARY HUGH PO BOX 867 5644 WESTHEIMER PMB #364 RUSSELL SCOTT III ~ CO LLC WESTMINSTER, MD 21158 HOUSTON, TX 77056 5420 S QUEBEC ST #200 GREENWOOD VILLAGE, CO 80111 SCRUGGS DAVID C & PHYLLIS R SHEEHAN WILLIAM J AND SHERWIN JENNIFER EVE 50% 365 RIVERBLUFF PL SHEEHAN NANCY E 7017 ARANDALE RD MEMPHIS, TN 38103 10 GOLF VIEW LN BETHESDA, MD 20817-4701 FRANKFORT, IL 60423 SHERWIN MARK 50% SILVERSTEIN PHILIP SLTM LLC 1714 VISTA ST SILVERSTEIN ROSALYN 106 S MILL ST DURHAM, NC 27701 25 KNOLLS CRESCENT ASPEN, CO 81611 BRONX, NY 10463 SNYDER GARY SOUTH CASTLE INVESTMENT LTD STASPEN LLP 8324 BROODSIDE RD 202 N CURRY ST #100 C/O JOHN STATON ELKINS PARK, PA 19027 CARSON CITY, NV 89703 1180 PEACHTREE ST NE ATLANTA, GA 30309-3521 0915 ®JlZJ31~~ ~ Aa311`d-O9-008-L .~,~~ ®09L5 i!~ege6 al zasll!if1 ® wo~•~(.iane•nnnnnn ~~ ap!dea a6ey~~s g;a a6eaanogllue uo!ssaadwl lam and Smudge Free Printing ® www.avery.com ® AVERY® 5160® Use Avery®TEMPLATE 5160®' '~' 1-800-GO-AVERY ~. TAD PROPERTIES LTD LIABILITY CO PO BOX 9978 ASPEN, CO 81612 TAD PROPERTIES LTD LLC TOWNE CENTRE PROPERTIES LLC 323 W MAIN ST #301 ASPEN, CO 81611 TEMPKINS HARRY & VIVIAN 420 LINCOLN RD STE 244 MIAMI BEACH, FL 33139 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 TYCHER MARSHALL B & SALLY K 233 CANOE BROOK RD SHORT HILLS, NJ 07078 VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RAYON, FL 33496 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 WOLOFSKY MOIRA 129 CLARENDON AVE PALM BEACH, FL 33480 TOMS CONDO LLC C/O BRANDY FEIGENBAUM PC 132 MIDLAND AVE #4 BASALT, CO 81621 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WAGNER HOLDINGS CORP LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WM HOLDINGS LLC C/O KELLY MITCHELL 300 B AABC ASPEN, CO 81611 YOUNG PAUL III FAMILY TRUST 13355 NOEL RD #28 DALLAS, TX 75240-6602 TORNARE RENE & SYLVIA 308 W HOPKINS AVE ASPEN, CO 81611 VANDERSCHUIT FAM TRUST 5836 WAVERLY AVE LA JOLLA, CA 92037 WANATOWICZ SEBASTIAN PO BOX 10502 ASPEN, CO 81612 WOLF BRADLEY R 3358 IRELAND RD MORROW, OH 45152 11213Ad-O9-008-L ~~ ®0915 il~ege6 a! zas!I!if1 ®0915 p~2J3/\~ ~ wo~•i(.iane•nnnnnn ~ ap!de~ a6ey~~s @;a afie~anogliue uolssaadwl o~~I/(I F~ `/ bax 3613 ~4a~iec, C,slaaada 81612 r~la.ce~~ax (9?0)920-1125 aaie<r,NCac~~aa~r~r~..cet September 7, 2007 Mr. Chris Bendon Director RECiEf~ED City of Aspen Community Development Department SEP 0 ~ 2007 130 South Galena Street CITY OF Aspen, Colorado 81611 COMMUNITY D VEL PM NT RE: ASPEN JEWISH COMMUNITY CENTER SUBDIVISION Dear Chris, On September 25, 2006, the Aspen City Council gave final approval to Ordinance 36, Series of 2006, granting subdivision approval to the Aspen Jewish Community Center, located at 435 West Main Street. The applicant for the project is the Jewish Resource Center Chabad of Aspen. According to Section 26.480.070E. of the Land Use Code, the plat and subdivision agreement for this project shall be recorded within 180 days of the date of the City Council approval, or the plat is considered null and void. 180 days from September 25, 2006 was March 24, 2007. On February 23, 2007, I submitted a letter requesting a 180 day extension of the recording deadline. The reasons given for the request were that it took considerable time for the applicant to prepare the final HPC application and to get on an HPC agenda (the final HPC hearing took place on January 24, 2007). Much time was also spent working with the Parks Department regarding several of the trees located around the perimeter of the property. As a result, the applicant needed an additional six months to complete the required documentation to submit the plat and the agreement. You granted that request, extending the recording deadline to September 20, 2007. In the ensuing six months, the applicant prepared and submitted a draft plat and agreement for staff review. Staff comments were received, and both documents have been revised according to those comments. As requested by staff, I am today submitting the revised plat in paper form for final review before we prepare the mylar copy and begin the process of getting the required signatures on the documents and getting them recorded. Since we now have less than two weeks to get atl of this done, I am hereby requesting an additional extension of the recording deadline. I believe that the recordation process can be completed over the next few weeks, but to be safe, we would ask you to grant a 90 day extension to take care of any unforeseen delays. ~ ~ Mr. Chris Bendon September 7, 2007 Page Two This request is being submitted prior to the September 20, 2007 recording deadline and within the vesting timeline for the project. The community benefit that would accrue from this extension is that it would keep this subdivision approval valid. HPC and City Council both granted unanimous approval to this application, finding it to be the appropriate way to preserve the historic landmark structures on the property and to allow for compatible development of an essential community facility. It would make no sense to have to repeat all of that work when we are on the cusp of getting the necessary documents recorded. I have placed a signature line for you below, allowing you to grant this extension administratively. Please do not hesitate to contact me if you have any questions regarding this matter. Very truly yours, AL RICHMAN PLANNING SERVICES Alan Richman, AICP 1 hereby grant a 90 day extension of the deadline for recordation of the plat and subdivision agreement for the Aspen Jewish Community Center Subdivision. The new deadline for recordation of the plat and subdivision agreement is December 19, 2007. ris Bendon Community Development Director .~:.. , ~ ~ELSBURCl HOLT & ULLEVICl ~n,~ineerin.g j~aths Lo trctn.sj~ortation solutions MEMORANDUM TO: Mr. Alan Richman FROM: Jeff Ream, P.E., PTOE, Felsburg, Holt & Ullevig DATE: July 5, 2006 SUBJECT: Aspen Jewish Community Center Summer Parking Analysis FHU Reference No. 04-037 FHU has prepared this memorandum to summarize the results of the summer parking analysis recently completed for the Aspen Jewish Community Center project. As you are aware, FHU had initially conducted an analysis of on-street parking availability in March, 2004, which provided a good assessment of parking conditions during the peak winter season. This analysis was conducted to assess the adequacy of parking during the peak summer season, when traffic volumes and parking demands are generally higher. BACKGROUND To determine the existing on-street parking availability during the anticipated peak demand periods for the Center, hourly parking occupancy studies were performed on a Thursday, Friday and Saturday during the third week in June, 2006 for the following time periods: • Thursday: between 3 PM and 8 PM; • Friday: between 3 PM and 8 PM; • Saturday: Between 8 AM and Noon. It should be noted that the summer study was conducted while the Jazz AspenSnowmass June Festival was underway. Since the town typically has at least one. event scheduled for every weekend in the summer, the conditions studied were deemed to represent typical parking demand in the area. The same 10-block area around the site that was studied in winter was also studied in summer. This consists of the block on which the site is located, the six surrounding blocks, and the three blocks on the south side of Hallam Street. For the analysis, the number of parked vehicles on each block face within this area was recorded hourly throughout each study period to provide an assessment of the existing on-street occupancy. 6300 South Syracuse. Wa~~, ~lllte Ei00 Centennial, CO 80111 te130.3.l21.1440 fax 303.721..08.32 ~~,n~~~u.fltuen~;.a~r~ in.fc>CUfhuen~,7.com July 5, 2006 Mr. Alan Richman Page 2 Results Table 1 summarizes the results of the summer study and compares the demand to the winter analysis. As the table indicates, within the study area the demand is three to six percent higher in the summer than in the winter, but overall, between 80 and 85 percent of the on street parking spaces are available. Figures 4 through 11 show the occupancy on the individual block faces in the study area in both summer and winter. As the figures show, in either season only a handful of blocks were over half full during any of the hours studied, and a block was completely full in only one case (the south side of Hyman Street on Saturday morning between 8 and 9AM). Table 1. On-Street Parking Usage within the Study Area Time Period Day of the Week' 3 PM - 4 PM 4 PM - 5 PM 5 PM - 6 PM 6 PM - 7 PM 7 PM - 8 PM Thursda 93 86 89 88 86 Frida 95 89 91 87 80 Weekda Avera a 94 88 90 88 83 Percent Occupant 20% 18% 19% 18% 17% Winter Stud 70 75 75 66 65 Percent Occu ant 15% 16% 15% 14% 13% 8AM-9AM 9AM-10 AM 10 AM-11 AM 11 AM-12 PM Saturda 87 88 84 83 Percent Occu ant 18% 18% 17% 17% Winter Stud 59 62 63 64 Percent Occupant 12% 13% 13% 13% Conditions with the Project It is anticipated that parking occupancy would be concentrated around the site as much as possible, since people naturally park as close as possible to their destination. Therefore, it is likely that the block faces nearest the Center's entrance (located on Main Street) would fill first, with additional block faces filling as necessary until all vehicles are accommodated. Using this principle, Center parking demand was assigned to the street system; Figures 14 and 15 show the anticipated parking conditions during typical religious services (starting at 5 - 6 PM) in winter and summer and Figures 16 and 17 show conditions during special events (starting at 7 - 8 PM) in winter and summer. As shown in Figures 14 and 15, during typical religious services in either season, nearly all Center parking demand can be accommodated in the spaces on either side of 4th Street; with the remaining Center patrons park along the other block faces adjacent to the site. Meanwhile, during special events in either season, Center demand would fully occupy the four block faces nearest the Center's entrance (both sides of 4th Street between Main and Hopkins and the north side of Main Street between 5th and 3~d Streets). Some patrons would occupy both sides of 4th Street between Main and Bleeker, both sides of Hopkins between 5th and 3`d, and the west side of 3~d between Main and Hopkins, but the demand on these blocks is not anticipated to completely fill those spaces. It is also worth noting that these special event conditions are anticipated only 8-10 times per year and would only last for a few hours; thus the conditions presented in Figures 16 and 17 would occur infrequently. July 5, 2006 Mr. Alan Richman Page 3 Conclusions Based on the above analysis, the parking demand in the summer is only slightly higher than in the winter, and in either season over 80 percent of the on-street parking spaces within the study area ar'e unused. This available supply can easily accommodate the additional demand created by the Aspen Jewish Community Center. I trust the above information on summer parking conditions is sufficient for you to continue the approval process for the project. If you have any questions or need further clarification, please give me a call at (303) 721-1440. FELSBURG ~i HOLT & ULLEVIG h /~a~~a~ st ~ ~' b- a 1/12 ~' ai~~ 0/10 ~ ~ a ker st 0/10 3/12 ~, 2/12 0/10 ~ 5/12 0/10 1/12 2/12 1/10 0/10 3/15 ~ 0/12 ~a"' st. 7 3/10 2/12 82 6/10 © 2/12 5/10 4/10 a 2/10 yOpkir~sq~e 2/10 ®12/20 1/12 1/10 ~3 2/10 0/12 2/12 0/10 2/10 PROJECT 1/12 1/12 SITE 1/5 3/12 0/5 1 6/10 2/8 1/7 LEGEND = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces Figure 4 Existing Winter Weekday Parking Occupancy 5PM - 6PM North Aspen Jewish Community Center 04-037 6/27/06 ,~ ,.:~ ~..~..: FELSBURG ~i HOLT & ULLEVIG b ~/a/ia,~ S~ ~ v`,' a 0/12 `~ 1/10 ^ a %~ker st 10 1/10 2/12 c>v~/ 3/12 0/10 ~ 1/12 3/10 4/12 2/10 3/12 0/10 2/15 ~ 2/12 Main S~ 7 3/10 2/12 a2 4/10 © 2/12 8/10 5/10 8/10 yo 3/10 pkir~s'q~e 13/20 0/12 1/10 3 - ~ 2/10 0/12 1/10 2/12 3/10 PROJECT 1/12 2/12 SITE 2/5 2/12 0/5 1 5/10 1/8 3/7 LEGEND = Block Number . _ <50% Occupied ~~ = Between 50% and 85% Occupied ~ _ >85% Occupied 7~/X = Occupied Spaces/Total Spaces Figure 5 Existing Summer Weekday Parking Occupancy 5PM - 6PM North ---- Aspen Jewish Community Center 04-037 6/27/06 . FELSBURG ~i HOLT & ULLEVIG b e a 1/12 `~ Bt°°k°r St 1/10 ~ 0 0/10 2/12 ~a 2/12 0/10 ~ 4/12 0/10 0/12 1/12 0/10 0/10 4/15 1/12 Ma''' St ~ 2/10 1/12 h~°pkins qV° LEGEND s2 1/12 2/10 6/10 2/12 3/12 4/10 2/10 2/10 4 12/20 1/12 1/12 1/10 3 2/10 0/12 1/12 0/10 2/10 PROJECT 1/12 1/12 SITE 3/5 3/12 0/5 ~ 5/10 1/8 1/7 = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied 7~/X = Occupied Spaces/Total Spaces Figure 6 Existing Winter Weekday Parking Occupancy 7PM - 8PM North Aspen Jewish Community Center 04-037 6/27/06 FELSBURG ~i HOLT & ULLEVIG h h'a//a,~ St ~ ~ a 1/12 ~' 2/10 ^ a %ek°r St 1 ~ 0/10 2/12 c~ 2/12 1/10 ~ 0/12 4/10 2/12 3/12 3/10 1/10 1/15 2/12 Mai" st ~ 2/10 2/12 e2 0/12 3/10 7/10 1/12 0/12 5/10 8/10 '~'~°pkir~SgV 0/10 ®15/20 0/12 e 0/12 1/10 3 0/10 0/12 0/12 1/10 4/10 PROJECT 1/12- 2/12 SITE 3/5 2/12 0/5 1 4/10 1/8 4/7 LEGEND = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces . Figure 7 Existing Summer Weekday Parking Occupancy 7PM - 8PM North Aspen Jewish Community Center 04-037 6/27/06 FELSBURG ~i HOLT & ULLEVIG b h'a/~a,~ St ~ cq~ a 0/12 `~ 0/10 a B/e~k~r St 1 O 0/10 1/12 ~c 1/12 0/10 0/10 2/12 1/12 0/10 1/12 0/10 5/15 0/12 Main sr ~ 0/10 1/12 82 0/12 0/10 © 3/12 7/10 0/12 3/10 1/10 yo 3/10 ® 0/12 pk~ns ~9v~ 10/20 1/12 1/10 $ 0/10 0/10 0/12 0/12 1/10 PROJECT 1/12 3/12 SITE 0/5 3/12 2/5 1 6/10 2/8 0/7 LEGEND = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces Figure 8 Existing Winter Saturday Parking Occupancy 8AM - 9AM North Aspen Jewish Community Center 04-037 6/27/06 ~k,~ FELSBURG ~i HOLT & ULLEVIG b ya/~a,~ st ~ c~ ,~ b~ a 0/12 ~' 1/10 a %~k~r St. ~ ~ 0/10 1/12 ~c 1/12 0/10 ~ 2/12 4/10 3/12 4/10 0/12 0/10 3/15 ~ 2/12 Ma"' Sr 7 1/10 1/12 82 0/12 0/10 © 1/12 5/10 0/12 3/10 7/10 yo 0/10 ® 0/12 Akins qv~ 16/20 0/12 4/10 3 0/10 2/10 0/12 2/12 6/10 PROJECT 0/12 5/12 SITE 3/5 1/12 0/5 ~ 3/10 0/8 7/7 LEGEND = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces Figure 9 Existing Summer Saturday Parking Occupancy 8AM - 9AM V Aspen Jewish Community Center 04-037 6/27/06 FELSBURG ~i HOLT & ULLEVIG b h'a~ia~ St a 0/12 `~ 1/10 ^ a B/~e/r~'r Sr 1 U 0/10 1/12 N 1/12 1/10 ~ 1/12 3/10 1/12 3/12 2/10 0/10 2/15 ~ 2/12 Ma"' St 7 3/10 1/12 82 0/12 3/10 6/10 0/12 0/12 3/10 4/10 yOpkinS qV~ 2/10 ®16/20 0/12 0/12 2/10 3 0/10 0/10 0/12 3/12 6/10 PROJECT 0/12 2/12 SITE 1/5 1/12 0/5 ~ 2/10 0/8 3/7 LEGEND = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces Figure 11 Existing Summer Saturday Parking Occupancy 11 AM -Noon North Aspen Jewish Community Center 04-037 6/27/06 . FELSBURG ~i HOLT & ULLEVIG b a 1/12 ~' 0/10 a %~ker St. 1 ~ 0/10 3/12 ~c 2/12 0/10 ~ 5/12 0/10 2/12 1/10 1/12 0/10 0/15 0/12 ~a/~ St a 8/10 2/12 82 8/10 © 2112 5110 4/10 2/10 yo 2/10 pkir~s qV~ 20/20 1/12 0/10 ~ 6/10 6/10 0/12 2/12 2/10 PROJECT 1/12 1/12 SITE 1/5 3/12 • 0/5 6/10 2/8 1/7 LEGEND = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied j X/X = Occupied Spaces/Total Spaces Figure 14 ~ Winter -Parking Conditions During Religious Services 5PM - 6PM North -- Aspen Jewish Community Center 04-037 6/27/06 ~- 4 FELSBURG ~i HOLT & ULLEVIG h~°dkins q~° LEGEND b ~`iaUa?i st a 0/12 `~ Bi°°k°r st 1/10 10 1/10 2/12 ~a 3/12 0/10 a 1/12 3/10 3/12 4/12 2/10 0/10 2/15 tijain 2/12 sr. 7 8/10 2/12 82 8/10 8/10 2/12 5/10 3/10 ® 8/10 20/20 0/12 0/10 ~3 6/10 6/10 2/12 0/12 3/10 PROJECT 1/12 2/12 SITE 2/5 2/12 0/5 1 5/10 2/8 3/7 Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces Figure 15 Summer -Parking Conditions During Religious Services 5PM - 6PM North Aspen Jewish Community Center 04-037 6/27/06 FELSBURG ~i HOLT & ULLEVIG b h'a~ia,~i St ~ ~~ b~ a 1/12 `~ 1/10 ^ a B/e~k~r St ~ O 0/10 2/12 ~c/ 2/12 0/10 ~ 4/12 0/10 1/12 0/10 0/12 0/10 4/15 a 1/12 Main st 7 8/10 1/12 82 12/12 8/10 © 2/12 6/10 12/12 4/10 2/10 2/10 ® ~ ~ 6/12 yOpki~s'9ve. 20/20 1/12 10/10 I J I .... „ ~~ LEGEND PROJECT SITE = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces Figure 16 ~ Winter -Parking During Special Events 7PM - 8PM North Aspen Jewish Community Center 04-037 6/27/06 A~""'` ~: °;~.. FELSBURG ~i HOLT & ULLEVIG h yada~ St ~ ~' a 1/12 ~ a, 2/10 a ~~ker St 1 ~ 0/10 2/12 ryc 2/12 1/10 9 4/10 0/12 2/12 3/12 3/10 1/10 1/15 Ma"' Sf ~ 8/10 2/12 2/12 82 12/12 8/10 7/10 1/12 12/12 5/10 8/10 //op/ri qV~ 0/10 ® 7/12 ns 1 ~, ;` 20/20 1/12 10/10 8/10 0/12 6/12 8/10 0 4/10 PROJECT 5/12 2/12 SITE 3/5 2/12 0/5 1 4/10 1/8 4/7 LEGEND a = Block Number . _ <50% Occupied ~ = Between 50% and 85% Occupied ~~ _ >85% Occupied 7~/X = Occupied Spaces/Total Spaces Figure 17 Summer -Parking During Special Events 7PM - 8PM North Aspen Jewish Community Center 04-037 6/27/06 J +9 MEMORANDUM TO: Planning and Zoning Commission FROM: Ben Gagnon 1 Projects Planner THROUGH: Joyce Allgaier, Deputy Director, Community Development RE: Jewish Community Center 435 W. Main St. Growth Management Review, cial Review and Subdivision review Public Hearing, Resolution No. ~{", Series of 2006 DATE: June 20, 2006 APPLICANT: Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services. REPRESENTATIVE: Alan Richman Planning Services LOCATION: 435 W. Main Street, Lots A-I, Block 38. CURRENT ZONING: Mixed Use SUMMARY: The applicant requests approval of a Growth Management Review to determine employee generation, Special Review to establish off-street parking requirements from the Planning and Zoning Commission; and a recommendation of approval to City Council of a Growth Management Review as an Essential Public Facility, and Subdivision review. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve a Growth Management Review to determine employee generation, and a Special Review to establish off-street parking requirements, with conditions; and that the Planning and Zoning Commission recommend approval of a Growth Management Review as an Essential Public Facility, and Subdivision review with conditions. Staff strongly supports this development as an Essential Public Facility due to the provision of aPre-School, teen and adult educational programming and a ', place of worship for one of the world's oldest religious traditions. The proposal also meets the intent of each chapter in the AACP, due to the preservation and designation of historic structures, the incorporation of affordable housing on- site, its location in the Infill Area and along a transit route, the building's context- sensitive design, and the provision of cultural education and promotion of diversity. REVIEW PROCESS: The Jewish Community Center is the only item scheduled for P&Z review on June 20, and is also scheduled for the July 11 meeting. If additional time is necessary, the July 18 meeting is open for continued review. Staff's goals for the June 20 hearing is: ^ Brief description of the four approval requests as listed above; ^ Historic Preservation Officer Amy Guthrie's description of the HPC process to this point and taking questions; ^ Applicant's overview of HPC process and current requests; ^ Staff description of key issues; ^ P&Z identification and discussion of key issues and any additional information needed from staff or the applicant for the next meeting; ^ Public comment. Staff s goal for the July 11 hearing is to go through each of the four approval requests, provide staff's findings and recommendations, and provide any additional information requested on June 20. If no vote is held on July 11, the hearing could be continued to July 18. BACKGROUND/PROJECT SUMMARY: The subject property is currently owned by the Jewish Resource Center Chabad of Aspen, which currently holds religious services in asingle-family home on the property. The existing 18 cabins are currently rented out for lodging. The applicant's first step in the review process was an extensive series of discussions with the Historic Preservation Commission, which has resulted in HPC Conceptual Approval for two new buildings with a recessed connector, and the retention of six cabins. The attached application shows architectural renderings, floor plans and elevation plans for the site. There is a variety of programming planned for the Center: ~ The Pre-School is the only activity the Center is planning on each weekday, from 8 am to 4 pm, and the Center expects up to 40 children to attend. ~ The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm, and is expected to attract up to 10 children. ~ The Adult Education programs are offered two nights per week from 8 pm to 10 pm, and are expected to attract 15-25 people. ~ Teen Program is planned for one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people. ~ Religious services are scheduled each Friday evening and Saturday morning, with attendance expected in the range of 40-50 people. ~ The special events planned at the Center are expected to generate attendance ranging from 50 to 200 people. These special events will range from films and lectures to barmitzvahs and weddings. The applicant has agreed to limit these special events to no more than ten (10) per year. ~,....w DIMENSIONAL REQUIREMENTS TABLE: Dimensional Underlying R-15 Proposed Conditions Requirement Zone District- .Requirements Minimum Lot Area 3,000 sq. ft. 26,981 sq. ft. MinimumLot Width 30 ft. 270 ft. Minimum Front yard 10 ft.; may be reduced Cabin: 3 ft. by special review New buildings: 5 ft. See Note 1 Minimum Rear Yard 5 ft. 5 ft. Setback Minimum Side Yard 5 ft. Two cabins: 1 ft. Setback One.cabin: Encroaches in public right of way See Note 2 Maximum Height 32 ft. 32 ft. Maximum ] : l for properties in .73:I (19,665 sq. ft.) Allowable Floor Main Street Historic Area District (26,981 sq. ft. NOTE 1: HPC has granted a variance for the front yard setback for the historic cabin at Conceptual Review and will consider granting a variance for the front yard setback for the new buildings at Final Review. NOTE 2: HPC has granted a variance for the side yard setbacks for the historic cabin along Third Street at Conceptual review. An encroachment license was previously granted by the City for the cabin that extends onto the public right of way (see Clerk and Recorder Reception No. 396080). HPC REVIEW: The applicant has been through an extensive process before the Historic Preservation Commission (HPC). The following is a brief recounting of the HPC review, which focused on several issues and factors, including: ^ the preservation of the 1940's-era cabins; ^ the retention of some of the cabins on-site; ^ the new development's relationship relates to the height + scale of the cabins and other designated buildings in the district; ^ the FAR that is allowable for the property. Ultimately, the HPC granted Conceptual Approval for a Major Development that features two buildings with a recessed connector element, breaking up the mass of the project. Also, the building to be located adjacent to the cabins at the east side of the site is reduced in height and scale to respect the height of the cabins. Of the 26,981 square feet allowed under the code for the MU Zone District for this property, the proposal calls for 19,645 square feet, which includes 1,268 square feet of affordable housing. tom. As the project evolved, additional encroachments into the setbacks developed, including front yard setback variances for a portion of the new building, and variances on the minimum distance between the new buildings and the front of the historic cabins. Staff recommends resolution of remaining dimensional variances be left for HPC Final Review. As part of Resolution No. 31, Series of 2005, the HPC: ^ Granted Conceptual approval for a Major Development; ^ Recommended Council approval of Historic Designation, which includes the retention of six cabins; ^ Granted approval to relocate three of the cabins off-site, pending the location of a satisfactory receiver site and method of relocation; ^ Granted setback variances for the existing cabins; ^ Stated its intention to approve a parking waiver pending P&Z and Council's recommendations related to parking. NECESSARY LAND USE APPROVALS: The following land use approvals are requested and necessary for approval of this project. GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION: Th1S review determines the number of employees to be generated by the development, pursuant to criteria outlined in Section 26.470.050(A)1(a-f). Final Review Authority: Planning and Zoning Commission. SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS: Th1S reV1eW establlSheS off-street parking requirements, pursuant to criteria outlined in Section 26.515.040(A)1- 3. Final Review Authority: Planning and Zoning Commission. GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY: Th1S reV1eW fOCUSOS Ori the development's role as an Essential Public Facility. The Community Development Director has determined that the proposal is an Essential Public Facility. The Planning and Zoning Commission makes a recommendation to approve, approve with conditions or deny pursuant to criteria outlined in 26.480.050(A-F). Final Review Authority.• Ciry Council. SUBDIVISION REVIEW: Although no subdivision of land and no separate interests are to be created through this proposal, the term "subdivision" in the Land Use Code encompasses three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and Structures. Because this proposal would establish three deed-restricted housing units, subdivision approval is required: The Planning and Zoning Commission makes a recommendation to approve, approve with conditions or deny pursuant to criteria outlined in Section 26.480.050(A-F). Final Review Authority: City Council. ~,.,~.. KEy ISSUES: The following addresses the key issues regarding each of the four (4) reviews before the Planning and Zoning Commission: Growth Management Review to determine employee generation Staff believes this review is relatively straightforward, as the Aspen Pitkin County Housing Authority (APCHA) has conducted an analysis of the application, and determined the number of employees to be generated at 9.63 (please see Exhibit H). In addition, the applicant has agreed to a condition of approval that requires an employee generation audit to confirm that the employee generation forecast was accurate. While the City Council will determine the required mitigation, criteria (d) under Growth Management Review as an Essential Public Facility also addresses affordable housing mitigation. The proposal includes three cabins as Category 2 rental affordable housing: two studios and one, one-bedroom, which mitigates for 4.25 FTEs. The APCHA Board has recommended that the three affordable housing units on-site are sufficient mitigation for this project. Special Review to establish off-street parking requirements Staff believes this is the most challenging issue before the P&Z. The limited number of off-street parking (9 spaces) is largely the result of an existing encumbrance on the site, in addition to site design discussions during the review process of the Historic Preservation Commission (HPC), as follows: ^ A private covenant by the former owners and a neighboring property owner establishing a 20-foot open space reservation in the southwest corner of the property; ^ HPC recommendation to retain six cabins on the site; ^ HPC recommendations to lower height at the east of the property and the breaking up of masses, resulting in the relocation of several functions into sub-grade areas, eliminating the potential for sub-grade parking. The HPC is prepared to approve a parking waiver at Final Review, as noted in Resolution No. 31, Series of 2005. However, before final HPC review, the HPC is seeking input from the P&Z and Council as to any threshold parking issues that exist and which may weigh more heavily in the goal to balance preservation with good site planning. While there is a variety of programming planned for the Center, these distinct uses are staggered throughout the day, from 8 am to 10 pm. In addition, some uses will create drop-off and pick-up scenarios, while others will attract a mixture of short-term and long- term parking. The proposed Pre-School is the only activity the Center is planning on each weekday, from 8 am to 4 pm, and while the Center expects up to 40 children to attend, the mode of transportation is a drop-off and pick-up scenario. The Center has agreed to a condition of approval requiring that a staff member rope off adequate on-site parking spaces and facilitate the circulation of drop-offs and pick-ups. {p• The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm, and is expected to attract up to 10 children under a similar drop-off scenario.. The schedule avoids overlapping with the end of Pre-School, thereby staggering drop-off activities. The Adult Education programs are offered two nights per week from 8 pm to 10 pm, and are expected to attract 15-25 people, and the Teen Program is planned for one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people. Both of these programs are expected to generate short-term parking, but at different times of the evening. Religious services are scheduled each Friday evening and Saturday morning, with attendance expected in the range of 40-50 people. Because it is typical that couples and families -attend these religious services, there is a natural carpooling effect. In addition, some attendees will adhere to the traditional Jewish prohibition on driving during these times, and will use alternate modes of transport to attend. The ~ecial events planned at the Center are expected to generate the largest demand for parking, with attendance. ranging from 50 to 200 people. The applicant has agreed to a condition that limits the number of these events to 10 per year. If more special events are to be held, the condition of approval requires the Center to undergo a review of its employee generation -with the potential for additional mitigation -- and an additional Special Review of its off-street parking requirements before the Planning and Zoning Commission. These special events will range from films and lectures to barmitzvahs and weddings. Although it is impossible to calculate a percentage, family celebrations are expected to generate attendance from extended family, who are likely to stay with relatives or in lodges that provide van services. The special events will place the largest demand on street parking in the neighborhood. The applicant submitted a parking study in 2004 by Fellsburg Holt and Ullevig (FHU), and has submitted an updated study by FHU in May 2006, which considers the implementation of the bus lane on Main Street and the accompanying reduction in on- street parking spaces. The studies examine the on-street parking occupancy on ten (10) blocks surrounding the Center, using data collected in March 2004, during the week of ComedyFest. The report concludes that for normal daily and weekly operations, "nearly all Center patrons would be accommodated along the block faces adjacent to the site," while larger special events that are limited to ten (10) per year, would fill "both sides of the street on the three blocks nearest the Center." Having reviewed the study, Community Development staff and Parking Operations Manager Blake Fitch found that additional data collection during the busier summer months would be useful. The applicant has agreed to the additional data collection, and the timing of the review process appears to allow sufficient time for this supplemental work in July 2006. Staff believes that the location of the Jewish Community Center along a mass transit route, the staggered schedule of parking demands, the conditions of approval regarding multi-modal transportation, the apparent availability of on-street parking according to the studies conducted by Fellsburg Holt and Ullevig, the City's new position regarding requirements for on-site parking and the nature of the various uses at the Center combine to create a scenario that appears to serve the parking needs of this project. If the additional data collection expected in early July 2006 shows higher existing on-street parking occupancy, staff and the applicant are prepared to recommend a new condition regarding Special Events during July and August. Growth Management Review as an Essential Public Facility The Land Use Code establishes this as a separate review process largely because Essential Public Facilities are often unique. A more typical Growth Management review often focuses on the generation of new employees due to intense commercial uses, or free market residential uses that result in a high level of services. In this case, there is no commercial component, and the residential component is three units of affordable housing. While an Essential Public Facility is often a municipal building, the Community Development Director has determined this project is an Essential Public Facility both because it provides a location for religious services for an ancient religious tradition, but also because it provides a rare and valuable asset in the form of a .pre-school that is open to the general public - as well as educational ., J .~:~~ opportunities for teens and adults. ~-~ Staff strongly believes that the proposal also meets the intent of each chapter in the AACP, due to the preservation and designation of historic structures, the incorporation of affordable housing on-site, its location in the Infill .Area and along a transit route, the building's context-sensitive design, and the provision of cultural education and promotion of diversity. Staff has excerpted from each chapter of the AACP and described the applicant's compliance as part of its response to this criteria. Subdivision Review Although no subdivision of land and no separate interests are to be created through this proposal, the term "subdivision" in the Land Use Code encompasses three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and Structures. Because this proposal would establish three deed-restricted housing units, subdivision approval is required. RECOMMENDED MOTION: "I move to approve Resolution No. 'Series of 2006, approving a Growth Management Review to determine em oyee generation and a Special Review to establish off-street parking requirements, with conditions; and recommending approval to City Council of a Growth Management Review as an Essential Public Facility, and Subdivision review, with conditions, finding that the review criteria for the application have been met." P`~a~ P'~ (~~~~ ~~ ATTACHMENTS: Exhibit A: Staff Findings -Growth Management Review to determine employee generation ,.. Exhibit B: Staff Findings -Special Review to establish off-street parking requirements Exhibit C: Staff Findings -Growth Management Review as an Essential Public Facility Exhibit D: Staff Findings -Subdivision Review Exhibit E: Application Exhibit F: Revised Parking Study / Fellsburg Holt & Ullevig Exhibit G: Applicant letter regarding TDM Commitments Exhibit H: Employee generation and mitigation review /Aspen Pitkin County Housing Authority RESOLUTION N0. 24 (SERIES OF 2006) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS AND A GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION, AND RECOMMENDING THAT CITY COUNCIL APPROVE A SUBDIVISION, AND GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY, FOR THE JEWISH COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,COLORADO Parcel ID: 2735-124-81-001 WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, submitted an application (hereinafter "the application") requesting approval of a Special Review to Establish Off-Street Parking Requirements, a Growth Management Review to Determine Employee Generation, Subdivision and a Growth Management Review as an Essential Public Facility, to construct the Jewish Community Center, located at 435 W. Main St., Lots A- I, Block 38, City and Townsite of Aspen; and, WHEREAS, the Community Development Department Director determined that the Jewish Community Center is an Essential Public Facility, and that the application met the applicable review standards, and recommended approval with conditions; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the application under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, at a public hearing, which was legally noticed and held at a regular meeting of the Aspen Planning and Zoning Commission on July 18, 2006, at which time the Commission considered and found the application to meet the review standards, and approved a Special Review to Establish Off-Street Parking Requirements, and a Growth Management Review to Determine Employee Generation, and recommended that City Council approve with conditions a Subdivision and Growth Management Review of an Essential Public Facility, by a vote of 5-1 to the Jewish Community Center, located at 435 West Main Street, Lots A-I, Block 38, City and Townsite of Aspen; and N m rr~ ~ wpm d' °mm .~+ N T- \ O ~~ ~ N ~+ ~ Lt7 amm m ~~ ~, ~~ ~o ~ U ~} z ~_ - U ~Z ~ Y ~ a ~ J J ~ ~ ~_ ~ U .~ ~~ ~ Y - W U_ ~ Z 7 Page 1 of 7 WHEREAS, the Plamiing and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions, a Special Review to Establish Off-Street Parking Requirements and a Growth Management Review to Determine Employee Generation, and recommends that City Council approve with conditions a Growth Management Review as an Essential Public Facility and Subdivision in order to construct the Jewish Community Center, located at 435 W. Main Street, Lots A-I, Block 38, City and Townsite of Aspen. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of City Council approval. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance, Planning & Zoning Commission Resolution and Historic Preservation Commission Resolutions. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. e. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. f. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. N m rim (V "- tD m b, ° m m r N N ~ ~~ ~ ~ vm m~ Liz as m m m ~~ ~~ ~ ~~ o ~~~ ~~ -~ Z .~ ~~ ~~ Z ~~ y r a ~ ~ ~o '~ a U ~~~ ~ ~~ j ~~~~ y ~~ u Page 2 of 7 g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the site is limited to the dimensional requirements established in the Site Plan, Floor Plans, Building Sections and Exterior Elevations according to Resolution No. 31, Series of 2005, of the Historic Preservation Commission, and further subject to Historic Preservation Commission Final Review. Section 5: Trash/Utility Service Area The trash containers shall be wildlife proof. Section 6: Sidewalks, Curb, and Gutter The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the Historic Preservation Commission, and shall be upgraded to meet City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. The Applicant shall also repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Affordable Housing The three (3) on-site affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines.'The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the subdivision plat and prior to the issuance of a Certificate of Occupancy for the units, classifying the units as Category 2 units. a) At least two parking spaces shall be allocated and reserved for the employee-housing units on site. b) The units will be deed-restricted as rental units but will allow for the units to become ownership units at such time the owners would request this change and/or at such time the APCHA deems the units out of compliance for a period of one year or more. At such time, the units will be listed for sale with the Housing Office as specified in the deed restriction at the Category 2 maximum sales price. c) APCHA or the applicant shall structure a deed restriction for the units such that 1/10th of 1 percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority; or until such time the units become ownership units; or the applicant may propose any other means that the Housing Authority determines acceptable. d)Due to the ability to have the employees live on-site, if such employee is employed by the Community Center, the income and assets can be waived. e) If more than ten (10) Special Events are held in a calendar year, as defined in the application (p. 6B), the applicant shall be required to conduct an employee audit under the terms of Section 7(f)1-3. f) The applicant shall conduct an employee audit two years after issuance of the Certificate of Occupancy for the development under the following terms: N m ~~m m ~, o a m r MNo N wm ~~ LS) a a m m vM ~~ ~~ o ~~ ~> -- _Z ~- U ~Z .. ~ Y r a _- J O ~~ V ~> s w ~~ .~ a _- -~ Page 3 of 7 1. The applicant shall retain an auditor and shall gain prior approval from the Housing Office for the selection of the auditor. 2. The applicant shall be fully responsible for all fees associated with retaining an auditor. 3. Should the audit show additional employees over the 9.63 FTE, the applicant shall mitigate at an identical rate established by this Resolution (44 percent) for those additional employees required under the Guidelines in effect at the time of the audit -either by providing units or by providing a payment-in-lieu fee. Section 8: Relocation of Cabins Applicant may relocate three (3) cabins off-site only upon approval of the Historic Preservation Commission of a satisfactory receiver site and method of relocation. Section 9: Determination of Employee Generation The Planning and Zoning Commission has determined that 9.63 FTEs shall be generated by the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority. The three Category 2 rental affordable housing units on site provide mitigation for 4.25 FTEs. Section 10: Establishing Off-Street Parking Requirements The Planning and Zoning Commission has established off-street parking requirements as follows: a) Nine (9) off-street parking spaces. b) Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable housing users. c) The Center shall utilize at least one staff member to establish and facilitate a temporary off-street drop-off and pick-up area for the Pre-School operation, using up to seven (7) parking spaces in the off-street parking area. The Center shall use these parking spaces and safety cones to create aone-way, continuous-movement drop-off program, and not as traditional parking spaces. The applicant shall be responsible for maintaining this area in a manner that provides for public safety in the winter months, including snow and ice removal. d)Applicant shall submit a request to the City of Aspen to post the alley adjacent to the on-site parking area as one-way. The proposed direction of the one-way designation shall be decided in cooperation with the City and the neighbors on the alley. e) If the Center holds more than ten (10) Special Events in a calendar year, as defined on p. 6B of the February 2006 application, the applicant shall be required to obtain an additional approval for a Special Review to Establish Off-Street Parking Requirements, pursuant to Section 26.515.040(A)1-3. Section 11: Transportation and Parking a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in place by building permit submittal. Fee shall be paid prior to issuance of building permit. N m r~~ N wpm o ~ m at N~ ~ vm m~ IS7 a m m m ~~ ~ ~~ M ~~ ~ ~~ 0 ~~ V ~~ ~ r z ~ ~ ~~ o U ~ z ~~ Y H ~~ a ~ J J_ ~ ~ .~ ~¢ U ~~~ ~~ ~ Y ~~ W U ~Z a -~, Page4of7 b)Applicant shall print on all event flyers that on-site parking is not available, and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. c) Applicant shall require any person who rents the social hall to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool, use bicycles, walk or take the bus. d) Applicant shall maintain information on its website regarding the lack of on-site parking, and information regarding car-pooling or use of public transit. e) Applicant shall not schedule Special Events with a projected attendance in excess of 50 people before 6 pm during the winter season or before 7 pm during the summer season. f) Applicant's daycare operation shall make a good faith effort to work with parents of enrolled children to establish and maintain a carpool program. g)Applicant shall stagger arrival times for pre-school classes once enrollment reaches 25 children. Arrival times will be staggered by at least 15 minutes per class. h)Applicant shall active participate in the City's Transportation Options Program N (TOP). m i) Applicant shall provide covered and secure bike storage. ty o ~ m j) Applicant shall provide free bus passes to employees who do not live on-site. d~ m m T ~ N p ~ ;; m Section 12: Fire Mitigation ~ a m The Applicant shall install a fire sprinkler system and alarm system that meets the m requirements of the Fire Marshal. ~~ ~, ~ Section 13: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title r Z 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water ~Z Y Department. ~ a Section 14: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and " regulations. On-site utility plans require approval by ACSD. Below grade development may > require installation of a pumping system. One tap is allowed for each building. Shared service W line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 15: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 16: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit Page 5 of 7 submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 17: Landscaping a) Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. A formal plan indicating the location of the tree protection will be required for the bldg permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. b)Excavation: an excavation under the drip line permit will need to be approved along with the tree permit. Specific excavation techniques will be required for the excavation along Hopkins Ave and part of the South West corner located next to the Large Cottonwood Tree. Vertical excavation will be required and over digging is prohibited in this zone. This note must be represented on the building permit set. c) The applicant will need to contract with a tree service, and have them on call in order to address all roots greater than 2 inches in diameter. Root trenching will be required around all trees with excavation next to and/or under the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. d)An approved tree permit will be required before any demolition or significant property changes take place. Parks is requiring that the tree permit be approved prior to submission of the building permit. Mitigation for removals will be paid cash in lieu or on site. e) Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. The ROW trees along 4th and 3Ta streets should be of another species other than cottonwood. f) Realignment of the ditch will require specific coordination between the Parks Department and the contractor. The realignment will have to take place during a time period when the ditch is closed for the off-season. Realignment will also require the use of a Bentomat type material in order to reestablish the integrity of the ditch. g)Utility connections: these connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones h)Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root greater than 2" encountered during the installation will require approval before removal. Play yard fence must be constructed according to State of Colorado standards for daycare centers. i) The installation of the new sidewalk at the corner of 4th and Main Streets needs to be designed at grade bridging over the root systems of the existing cottonwood trees. 52742 Page: 6 of 7 08/04/2006 10:241 JRNIGE K VOS CRUDILL PITKIN COUNTY CO R 36.00 D 0.00 Page 6 of 7 ~aa .. ,,~ Section 18: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 19: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 20: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or .unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th day of July, 2006. APPROVED AS TO FORM: -:. ~ Ci Attorney PLANNING AND ZONING CO,IVIMISSION: vn(G'' C~YYll12~ ~ Jasmine Tygre, Chair ATTEST: ,~~~~ ~~~ ackie Lothian, eputy City Clerk ~, I~~NI~JI~~I~~IMN~~I~,u~I~NN X27142 Page: 7 of 7 08/04/2006 10:241 00 D 0.00 Page 7 of 7 ~.,.,~ carolyn h. manosevltz studio p. o. box 3705 basalt, colorado816 21 phone:970-704-0447. e-mail: lynmano8~~yahoo.com Q '~'" website: www.carolynmanosevitz.com ~ \~ TO WHOM IT MAY CONCERN JUN ~ ~ ~~06 A sP~ P~ BUILDING DEP~~~av~~NT The purpose of this letter is in support of the building project of Rabbi Mendel Mintz, to erect a Jewish Community Center in Aspen, Colorado. I have known Rabbi Mintz for the past five years as a congregant, a colleague and as a friend. I have been the recipient along with many others, of the spiritual gifts that he has brought to this community and to the entire Roaring Fork Valley. Rabbi Mintz is an exceptional spiritual leader: compassionate and caring of everyone who crosses his path. Since his arrival in Aspen, he has raised the spiritual level of the Jewish Community and the community at large----- beyond measure. He makes things happen. I have watched the numbers in Rabbi Mintz's congregation grow steadily from year to year. He provides numerous events throughout the year: religious, social and educational, for both adults and children. Many of these programs have enriched our entire community, not just the Jewish community. I am well aware of Rabbi Mintz's plans to have a Center where community events will take place, where our Jewish children may be prepared for their b'nai mitzvot and where Jews can come and worship. It is Rabbi Mintz's dedication, energy and tenacity that will see this much needed project through to fruition. I have no doubt that he, more than anyone else, has the skills to raise whatever funds are required and to oversee this very exciting and much needed project. I urge you to support Rabbi Mintz and the entire Jewish community in this endeavor. Sincerely Carolyn H. Manosevitz, MFA G Aspen City Planning & Zoning Commission Attn.: Mr. Ben Gagnon, City Planner 130 S. Galena St. Aspen, CO 81611. Dear Mr. Gagnon, '""'~ I am writing to you today regarding the building of the new center for the JCC Chabad. I saw the plans in one of the initial phases and really feel that the structure will be a positive addition to Aspen. The architect respects the history behind Aspen and has designed the center with that in mind. JCC Chabad is supportive of our community in many ways. I wholeheartedly support this project. Thank you, Shelly Gross RECEIVED JUN 1 9 2006 BUILDI G DE ARTMENT .. ,y fix. ~ ~~. ~~ ~ ~~ X50 C~iQUyryurQ~ ~o%u,~ ~pr~c~e C~~,a~v~ruzad ~u~ ~ 8~6~5 June 13, 2006 Ben Gagnon, City Planner Aspen City & Zoning Commission 130 South Galena Street Aspen CO 81611 Dear Mr. Gagnon: We are writing to you since we are unable to attend the City Planning and Zoning Commission meeting on Tuesday, June 20, 2006. We want to acknowledge our support at this critical stage for the need to build a Jewish Community Center on Main between 3~d and 4~' Streets. The JCC Chabad will be a unifying institution for the community, committed to being the best neighbor possible and embracing all of Aspen. If you will require any additional assistance regarding this project, please feel free to contact us. Sincerely, Donna R. Brovender Herman A. Brovender, MD RECEIVED JUN 1 9 2006 BUILDIN DE ARTMENI` Marc A. Rubenstein 348 Mountain Laurel Dr. Aspen, CO Aspen City Planning & Zoning Commission Attn.: Mr. Ben Gagnon, City Planner 130 S. Galena St. Aspen, CO 81611. As a thirty year home owner in Aspen, I wish to express my full support for the Aspen Community Center proposal on Main St. I have regularly attended services at the Center since its inception. I strongly support the proposal for a permanent edifice on Main St. as proposed. The Aspen community has been strengthened by the presence of several religious institutions in the central downtown district and the addition of a Jewish center would be greatly appreciated by the community as well as our many visitors. I ask that you please look favorably on the proposal and move this greatly needed asset forward toward completion. Thank you for your kind attention to this matter and please share this with the commission. Marc A. Rubenstein 348 Mountain Laurel Dr. Aspen, CO RE~IV~D JUN 1 9 2006 ASPEN BUILDING DEPARTMENT `- ParkinglTraffic Management Program From Jewish Community Center Application Flyers. The Jewish Resource Center (JRC Aspen) prints flyers for its special events. For each special event to be held at the Center, JRC Aspen will print a flyer stating that on-site parking is not available and attendees are strongly encouraged to car pool or take the bus. 2. Social Hall Rentals. Any person who rents the social hall will be required to print on their invitation that on-site parking is not available and attendees are strongly encouraged to car pool or take the bus. 3. Web Site. JRC Aspen has a web site that provides information about programs and facilities. The site already provides information on the proximity of the property to downtown, and how to get to the property by bus or on foot. 4. Employee Bus Passes. JRC Aspen will provide a bus pass to any employee who does not live within walking distance of the property. Employees will be encouraged not to drive to work from the first day of their employment. 5. Bicycle Racks. Covered bicycle racks have been added to the site plan along the Main Street and alley frontages. 6. Drop Off Parking Spaces. There are nine parking spaces that will be provided along the alley. Two of these spaces wilt be assigned to the affordable housing units. The other seven spaces will be signed for use as drop off spaces for the pre-school and for religious classes. At least one staff member will be required to be present each morning when children arrive at the pre-school. The staff member will escort children into the building, so parents do not have to get out of the car, keeping the spaces regularly available for new arrivals. Additional Commitments • One Way Alley. JRC Aspen will submit a request that the City post the alley as one way only to reduce the potential for car conflicts. • Staggered Arrival Times. JRC Aspen agrees to stagger arrival times for classes at the pre-school once enrollment reaches 25 children. Arrival times will be staggered by at least 15 minutes per class, to minimize overcrowding at the drop off area. • Special Event Start Time.. JRC Aspen agrees that any special event that is held during the work week with a projected attendance in excess of 50 persons shall not be scheduled to start before 6 PM during the winter season or 7 PM during the summer season. PIQhv-~rt~. G~a~ . Pt~t.~liC. ~[p,~jKyy • 0 ~~ v-ct~ ~ ~ I $ ~~o AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE __` ~ ~-, s en, O ADDRESS OF PROPERTY: ~ ~IS ~© SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, ~~n. ~ ~ ~~~~~~~'~ ~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the fallowing manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inche wide and twenty-six (26) inches high, and which was composed of letters t less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of,:no~ce. By the mailing of a notice obtained from the Community ~~ `~, Developrr~a~t-:Department, which contains the information described in Section ~26.3Q4:ObQ~L~(2) of the Aspen Land Use Code. At least fifteen (15) days prior to ,t)`ie~ubl~c hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public baring. A copy of the owners and governmental agencies so noticed is attached ereto. ~ (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map 'or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. S~nature The foregoing "Affidavit of Notice" was ack~n~~`'~''ledged before me this ay of , 200, by .JAM85 1-µl WITNESS MY HAND AND OFFICIAL SEAL PUBLIC OTICE RE: JEWISH COMMU Y CENTER GROWTH MANAGEMENT REVIE AS AN ESSENTIAL PUB- WC FACILITY, GRO MANAGEMENT REVIEW TO DETERMINE EMP YEE GENERATION, SPA CIAL REVIEW TO ESTABLISH OFF-STREET PARK- ING REQUIREMENTS, AND SUBDNISION REVIEW PUBLIC HEARING NOTICE IS HEREBY GIVEN [hat a public hearing will be held on Tuesday, June 20, 2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Council Chambers, City Hall, 130 S. Galena S[., Aspen, CO, to review a proposal for a Growth Management Review as an Essential Public Facility, Growth Management Review to determine employee gen- eration, Special Review to establish oft-street parking requirements and Subdivision review for 435 Main Street, Lots A through 1, Block 38, City and Townsite of Aspen, Parcel ID #2735124-81- 001 and #273512451-009. For further information, contact Ben Gagnon at the City of Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 429- 2755, (or by email at beng®ci.aspen.co.us). All written correspondence related to the applica- tion should be sent to the above e-mail or physi- cal address. Applicant Jewish R urce Center Chabad of As- pen, c/o Alan Rich Planning Services, P.0. Box 3613, Aspen, CO 611 My commission expires: ~~ / i otary Pub i ATTACHMENTS: COPY OF THE PUBLICATION PRY' PU Z~• `~C~ ~ JACKIE '; ~o-niiAN s JP ~ ' 0 ~,9~_ F CO Q~PO GRAPH OF THE POSTED NOTICE. (SIGN) AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ' s/Jasmine Tygre Aspen Planning and Zoning Commission Published in the Aspen Times Weekly on June 4, 2006. (375 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~3 5 ~ ~A ~~ C'~ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: '~ `~` `^e- ~-o ,200 ~ STATE OF COLORADO ) ss. County oT Pitkin ) I, ~ ~,~„~ ~~.~~n,w•~,. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~_ Publication of notice.: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice.: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 1 day of ~~ ~ , 200 b , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o1~~ners and governmental agencies so noticed is attached hereto. (continued on next page) '? e Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended il1cidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (1 ~) days prior to the public hearing on such amendments. Signature The fo~~re``going "Affidavit of Notice" was acknowledged before me this ~ day of ~ /,t`~.C~_ , 200 (~, by A /i-L~1_l~ t~ ~~ t'Yl~.c 6'1 -.~ a.R'Y Y p.~. ~~~~'"~ ~''~b~~ WITNESS MY HAND AND OFFICIAL SEAL ~;~~ ENEY ~ My com sion expire : ~ / c~Z> 9 ~~ r' ~ ~~F`'~..........~'RP° GCS . ~p COLS Notary Public 'GN) LIST OF TH JTICED C ~ PUBLIC NOTICE RE: JEWISH COMMUNITY CENTER, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY, GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION, SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS, AND SUBDIVISION REVIEW PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 20, 2006, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, in the Council Chambers, City Hall, 130 S. Galena St., Aspen, CO, to review a proposal for a Growth Management Review as an Essential Public Facility, Growth Management Review to determine employee generation, Special Review to establish off-street parking requirements and Subdivision review for 435 Main Street, Lots A through I, Block 38, City and Townsite of Aspen, Parcel ID #2735-124-81-001 and #2735-124-81-009. For further information, contact Ben Gagnon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2755, (or by email at beng,(a~,ci.aspen.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Jewish Resource Center Chabad of Aspen, c/o Alan Richman Planning Services, P.O. Box 3613, Aspen, CO 81611 s/Jasmine Ty~re Aspen Planning and Zoning Commission Published in the Aspen Times on June 4, 2006 City of Aspen Account Impression antibourrage et a sechage rapide ~ www.avery.com ~ AVERY 5160® Utitisez le gabarit 5160® A ~ 1-800-GO-AVERY ~'*,, 320 W MAIN LLC 501 WEST MAIN LLC ALLAN ANDREW S PO BOX 2720 532 E HOPKINS AVE 154 MARION ST ASPEN, CO 81612 ASPEN, CO 81611-1818 DENVER, CO 80218 ALPINE BANK ASPEN ASPEN CONDO ASSOC ASPEN FSP ABR LLC 600 E HOPKINS AVE 600 E HOPKINS AVE #304 11921 FREEDOM DR #950 ASPEN, CO 81611 ASPEN, CO 81611-2934 RESTON, VA 20190 ASPEN HOMEOWNERS ASSOCIATION ASPEN MESA STORE LLC A COLO NON PROFIT CORPORATION ASPEN HOUSING LLC C/O ASPEN BLUE SKY HOLDINGS LLC 311 W MAIN ST 299 MILWAUKEE ST STE 502 P O BOX 8238 ASPEN, CO 81611 DENVER, CO 80206 ASPEN, CO 81612 ASPEN SQUARE CONDO ASSOC BAILEY RYAN 1994 TRUST 50% BARYON META PACKARD 617 E COOPER AVE 15808798 METAVANTE WAY 4475 N OCEAN BLVD APT 43A ASPEN, CO 81611 SIOUX FALLS, SD 57186 DELRAY BEACH, FL 33483 BLAU SETH J BLEEKER STREET PARTNERS II BLONIARZ JOHN W & DONNA L BLAU JUDITH PO BOX 10276 1839 N ORLEANS ST 3896 DOGWOOD LN ASPEN, CO 81612 CHICAGO, IL 60614 DOYLESTOWN, PA 18901 BOOKBINDER FISHDANCE & DELANEY gRAFMAN STUART & LOTTA BEA TRST BRIDGE WILLIAM LLC 5630 WISCONSIN AVE #401 300 BRANNAN ST #400 164 LITTLE PARK RD CHEVY CHASE, MD 20815 SAN FRANCISCO, CA 94107 GRAND JUNCTION, CO 81503 BRIEN ALICE M BROWDE DAVID A CARINTHIA CORP 332 W MAIN ST 604 QUAKER RD 45 E LUPINE DR ASPEN, CO 81611 CHAPPAQUA, NY 10514 ASPEN, CO 81611 CARL E GUNGOLL EXPLORATION LLC CARTER RICHARD P CHAMBERS PETE/SEND TAX BILLS TO 6 N E 63RD ST #300 400E 3RD AVE #804 DOUGLAS PRICE OKLAHOMA CITY, OK 73105 DENVER, CO 80202 8611 MELWOOD BETHESDA, MD 20817 CHRISTIANA A-202 LLC CITY OF ASPEN CLEANER EXPRESS 118 GROVE ST #4 130 S GALENA ST 435 E MAIN ST STANFORD, CT 06901 ASPEN, CO 81611 ASPEN, CO 81611 333 W MAIN ST COLORADO MTN NEWS MEDIA COMCOWICH MARK 10% UNIT 2A 500 DOUBLE EAGLE CT PO BOX 293 ASPEN, CO 81611 RENO, NV 89511 WILMOT, NH 03287 A2l3Ab~-09-008-6 ~ ®0965 31b~1dW31®i(.iand asD ®0965 ®AZ13Ab D uaortiane•iwu+nn ~ 6uliul~d aa~~ a6pnuag pue wed - - Impression antibourrage et a sechage rapide ~~ www.avery.com ~ AVERY 5160® Utilisez le gabarit 5160® ~~ 1-800-GO-AVERY ~""' 4 `' COMCOWICH SUZANNE 10% COMCOWICH WILLIAM L 70% CORTALE ITA 2 ADAMS ST #1510 C/O CHARLES CATHCART PROP MGT 205 S MILL ST #112 DENVER, CO 80206 PO BOX 1374 ASPEN, CO 81611 ASPEN, CO 81612 CRETE ASSOCIATES LP CRETE ASSOCIATES LP CROWLEY SUE MITCHELL 3418 SANSON ST C/O UNIVERSITY CITY HOUSING CO 409 S GREENWOOD AVE PHILADELPHIA, PA 19104 PO BOX 1524 COLUMBIA, MO 65203 BRYAMAWR, PA 19010 DEROSE V F DESTINATION RESORT MGMT INC FARR CHARLOTTE 1209 N 14TH AVE 610 WEST END ST 306 MCCORMICK AVE MELROSE PARK, IL 60160 ASPEN, CO 81611 CAPITOLA, CA 95010 FINE FREDRIC N & SONDRA FRANKEL KATHY TRUST FRIAS PROPERTIES OF ASPEN LLC 412 MARINER DR PO BOX 33 730 E DURANT JUPITER, FL 33477 UNION PIER, MI 49129-0033 ASPEN, CO 81611 GOLD RANDAL S GOLDENBERG STEPHEN R & CHERYL J GOLDMAN DIANNE L EPSTEIN GILBERT AND MOLLIE 430 W HOPKINS AVE PO BOX 518 PO BOX 9813 ASPEN, CO 81611 FAIRFIELD, CT 06824 ASPEN, CO 81612 GREINER JEAN M TRUST H 8~ H PROPERTIES LLLP HAYMAN JULES ALAN 333 W MAIN ST 111 E FAIRBANKS AVE 9238 POTOMAC SCHOOL DR ASPEN, CO 81611-1613 WINTER PARK, FL 32789 POTOMAC, MD 20854 HORTON DAYNA L HOTEL ASPEN CONDO ASSOC ILGEN EILEEN L & JACK D ~ ELOISE C/O STIRLING HOMES 110 W MAIN ST C/O DAN SODERBERG 600 E MAIN ST #102 ASPEN, CO 81611 2569 LOWER RIVER RD ASPEN, CO 81611 SNOW MASS, CO 81654 JACOBY FAMILY LTD PARTNERSHIP JBG SECOND OPRT JNM SLEEKER STREET LLP GASPER J JACOBY III C/O GILDENHORN JOSEPH B 432 OSCEOLA AVE 1402 DLIVAL DR 2030 24TH ST NW JACKSONVILLE BEACH, FL 32250 GODFREY, IL 62035 WASHINGTON, DC 20008 JOHNSTON FAMILY TRUST KARP MICHAEL KASPAR THERESA D 90% 2018 PHALAROPE 3418 SANSOM ST PO BOX 1637 COSTA MESA, CA 92626 PHILADELPHIA, PA 19102 ASPEN, CO 81612 KENDIG ROBERT & SUE 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#20 3513 CAMDEN DR 4692 ERIN CT ASPEN, CO 81611 LONGMONT, CO 80503 ANN ARBOR, MI 48105 PRICE DOUGLAS L AND VALERIE CIUINN CHRISTINE RICHTER SAM 8611 MELWOOD RD DRAWER C-2 16330 MIRASOL WAY BETHESDA, MD 20817 SNOWMASS VILLAGE, CO 81615 DELRAY BEACH, FL 33446 RICKEL DAVID RISCOR INC ROSENTHAL DIANNE 3928 DOVE CIRCLE 2651 N HARWOOD ST #335 PO BOX 10043 HUNTINGTON VALLEY, PA 19006 DALLAS, TX 75201-1576 ASPEN, CO 81612-7311 SAMIOS CAROLE & NICHOLAS A SCHOEBERLEIN DEBORAH & JOSEPH SCOTT MARY HUGH PO BOX 867 520 W MAIN ST APT 23 RUSSELL SCOTT III ~ CO LLC WESTMINSTER, MD 21158 ASPEN, CO 81611-1656 5420 S QUEBEC ST #200 GREENWOOD VILLAGE, CO 80111 SCRUGGS DAVID C & PHYLLIS R SHEEHAN WILLIAM J AND SHERWIN JENNIFER EVE 50% 365 RIVERBLUFF PL SHEEHAN NANCY E 7017 ARANDALE RD MEMPHIS, TN 38103 10 GOLF VIEW LN BETHESDA, MD 20817-4701 FRANKFORT, IL 60423 SHERWIN MARK 50% SILVERSTEIN PHILIP SLTM LLC 1714 VISTA ST SILVERSTEIN ROSALYN 106 S MILL ST DURHAM, NC 27701 25 KNOLLS CRESCENT ASPEN, CO 81611 BRONX, NY 10463 SNYDER GARY SOUTH CASTLE INVESTMENT LTD STASPEN LLP 8324 BROODSIDE RD 202 N CURRY ST #100 C/O JOHN STATON ELKINS PARK, PA 19027 CARSON CITY, NV 89703 191 PEACHTREE ST STE 4900 ATLANTA, GA 30303-1763 A2l3A`d-OD-008-L ~ ®0915 31MdW31®i(.rand asD ®0915 ®A?1~d ~, wori(.iane•nnnnnn ~ 6ul;uud aa~~ a6pnwg pue wed Impression antibourrage et a sechage rapide Utilisez le gabarit 5160® TAD PROPERTIES LTD LIABILITY CO PO BOX 9978 ASPEN, CO 81612 THALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 TYCHER MARSHALL B & SALLY K 233 CANOE BROOK RD SHORT HILLS, NJ 07078 VERNER DANIEL A & MERYLE 2577 NW 59TH ST BOCA RAYON, FL 33496 WENDT ROBERT E II 350 MT HOLYOKE AVE PACIFIC PALISADES, CA 90272 WOLOFSKY MOIRA 129 CLARENDON AVE PALM BEACH, FL 33480 ~ www.avery.com 1-800-GO-AVERY TAD PROPERTIES LTD LLC TOWNE CENTRE PROPERTIES LlC 323 W MAIN ST #301 ASPEN, CO 81611 TOMS CONDO LLC C/O BRANDY FEIGENBAUM PC 132 MIDLAND AVE #4 BASALT, CO 81621 ULLR HOMEOWNERS ASSOCIATION 600 E HOPKINS #304 ASPEN, CO 81611 WAGNER HOLDINGS CORP LLC C/O BILL POSS 605 E MAIN ST ASPEN, CO 81611 WM HOLDINGS LLC C/O KELLY MITCHELL 300 B AABC ASPEN, CO 81611 YOUNG PAUL III FAMILY TRUST 13355 NOEL RD #28 DALLAS, TX 75240-6602 .__-..... - Q AVERY 5160® ,.. ~, TEMPKINS HARRY & VIVIAN 420 LINCOLN RD STE 244 MIAMI BEACH, FL 33139 TORNARE RENE & SYLVIA 308 W HOPKINS AVE ASPEN, CO 81611 VANDERSCHUIT FAM TRUST 5836 WAVERLY AVE LA JOLLA, CA 92037 WANATOWICZ SEBASTIAN PO BOX 10502 ASPEN, CO 81612 WOLF BRADLEY R 3358 IRELAND RD MORROW, OH 45152 09L5 ®J~~~bl ~ ~l2l3Ad-O9-008-1 ~ ®0915 31t/ldW3pl ®i(.iany asB ® woriGane•nnnnnn ~ 6ul;ul~d aaa~ a6 nwg pue wed C Memo To: Ben Gagnon, Ci of Aspen From: Alan Richman ~~ Date: 5/22/2006 Re: Revised Parking Study '~.r Attached to this cover memo is a copy of the revised parking study prepared for the Aspen Jewish Community Center by Fellsburg Holt and Ullevig (FHU). This report updates the original parking study performed in 2004, to reflect the current site design for the facility and the program and staffing currently planned for the facility. The report was also updated to reflect the change in the on-street parking inventory in the neighborhood due to the implementation of the bus lane along Main Street. As you will see from reviewing the report, the basic conclusion has not changed. FHU continues to find "that adequate on-street parking exists in the area to accommodate the demand associated with the Aspen Jewish Community Center". Please let me know if you have any questions about this update or any other aspect of this project. Thanks! • Page 1 ,,~.._ i ~,. ~ FELSBURG 1 HOLT & ULLEV I G engineering paths to transportation solutions April 5, 2006 Mr. Alan Richman Alan Richman Planning Services PO Box 3613 Aspen CO 81612 RE: Aspen Jewish Community Center Parking Study FHU Reference # 04-037 Dear Mr. Richman: This letter has been prepared by Felsburg Holt & Ullevig (FHU) to update the parking study conduct for the proposed Aspen Jewish Community Center (Center), to be located on the north side of Main Street between Third and Fourth Streets in Aspen, Colorado. The original study was completed by FHU in June, 2004 and included field studies of existing on-street parking conditions and analyses of future parking conditions with the Center. This update has been prepared to reflect updates in the site design of the Center, as well as refined information regarding Center staffing and activities. Like the original study, it includes a summary of the proposed project, projected parking needs for the project, existing on-street parking conditions for the area surrounding the project, and the projected on-street parking conditions during regular weekday services and during special events at the Center. Project Description The Aspen Jewish Community Center would be located on the south side of Main Street between Third and Fourth Streets, on the L'Auberge d'Aspen site (Figure 1). The Center would include a staff of nine people (six day care staff, the rabbi, an administrative assistant, and a full time caretaker), and would host activities including pre-school, an afternoon Hebrew school, evening adult education classes, religious services on Fridays after sundown and on Saturday mornings, and occasional evening teen programs. Eight to 10 special events are also anticipated throughout the year. Because of space constraints on the site, the only off-street parking planned for the project would be nine spaces in the alley. Two of those spaces would be reserved for Community Center staff, with the other seven available primarily for pre-school pick-up and drop off, but also for use by other Center patrons. Since the site is anticipated to generate a parking demand in excess of this limited supply, the remaining patrons would need to use the on-street spaces on the block(s) surrounding the site, so an on-street parking assessment was conducted to determine whether this on-street supply would be sufficient to accommodate Center demands. 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 te1303.721.1440 fax 303.721.0832 www.fhueng.com info@fhueng.com ~~~. FELSBURG ~iHOLT & ULLEVIG ' Figure 1 Vicinity Map North Aspen Jewish Community Center 04-037 6/21/04 April 5, 2006 Mr. Alan Richman Page 3 Projected Parking Needs for the Aspen Jewish Community Center Due to the unique nature of the proposed land use, no parking generation data was- available from traditional sources such as the Institute of Transportation Engineers' Parking Generation, or the Eno Foundation's Parkin .Therefore, parking generation forecasts for the site were based on projected activity schedules provided by the Center. Estimated attendance and average vehicle occupancy was obtained based on observations at the existing Aspen Jewish Resource Center. Table 1 summarizes the proposed activity schedule for the Center, as well as attendance levels, parking space requirements and the typical duration of parking needed for each activity planned for the Center. As the table indicates, regularly scheduled activities at the Center would include pre-school, Hebrew school, religious services and adult education classes, but very few of these activities would occur at the same time. Special events that generate significant parking demand are anticipated to be infrequent, as are evening teen programs. Both are anticipated to occur on evenings when no adult education classes are scheduled. Due to the site location availability of transit service, and event times, a transit/walking mode share of 10 percent was assumed for all activities except pre-school (no transit/walking mode share was applied) and religious services (a 25 percent mode share was assumed because observant Jews are forbidden to drive to Friday night or Saturday morning services and it anticipated that some will follow this practice). Table 1. Aspen Jewish Community Center Activity Schedule and Parking Estimates Activity TimePeriod Frequency°~< 3 {rVrii Z i Z~ ~ <A~tendance' NCxi `jtr~. ~ *z ' Ve icl ~~ r ..~a ~: "c~p~-~ ~Occ pa cyt Y ~~~~ t 'r Staff 7 AM - 10 PM a aweek 9 staff 1 10% 8 Term School 8 AM - 4 PM erdweek 35-40 children 1 0% 40 Drop-off Hebrew 3 PM - 5 PM 2 - 3 days g_10 children 1.5 10% 6 Drop-off School er week P oeeam 6 PM - 8 PM er month 20-25 people 1 10% 23 2-hour Adult g pM - 10 PM 2 nights 15-25 people 1.5 10% 15 2-hour Education er week Friday Religious after sundown Every 40-50 people 2 25% 19 2-hour Services Saturday week 9 AM to Noon Special E t 6 PM - 8 PM 8 - 10 50-200 people 2.5 10% 72 2-hour ven s er ear The information in Table 1 was used to generate parking demand on an hourly basis throughout the day. Table 2 presents this information for each of four conditions considered: • Typical weekday demand; • Friday demand (to account for evening religious services); • Saturday demand (to account for weekend religious services); and • Special Events. Apnl 5, 2006 Mr. Alan Richman Page 4 The 48 parking spaces required at the end of the pre-school day in Table 2 (4-5 PM) represent a conservative demand estimate based on all parents arriving at the same time to pick up their children (40 drop-off spaces occupied). It is likely that some parents would arrive a little earlier and others a little later (based on their work schedules), and since each space would only be occupied for a few minutes, it is anticipated that somewhat less than those 40 spaces would be occupied at the same time, and in no case would all spaces be occupied for a full hour. Considering this situation, the peak parking demands for the Center are anticipated to occur in the evening during the week (17 spaces), during the early evening on Friday (27 spaces) and during mid-morning on Saturday (20 spaces). Special events are anticipated to generate a peak demand of 74 spaces, which would also occur in the early evening. Figure 2 graphically depicts the total hourly demand forecast for the Center throughout the day. Existing Parking Conditions To determine the existing on-street parking availability during the anticipated peak demand periods for the Center, hourly parking occupancy studies were performed on a Thursday, Friday and Saturday during the first week in March, 2004 for the following time periods: • Thursday: between 3 PM and 8 PM; • Friday: between 3 PM and 8 PM; • Saturday: Between 8 AM and Noon. It should be noted that the study was conducted while the US Comedy Arts Festival was underway to present a conservative scenario where parking demand in town is higher than normal. The 10-block area around the site (the block on which the site is located, the six surrounding blocks, and the three blocks on the south side of Hallam Street, which is two blocks from the proposed site) was selected as the study area to ensure that an adequate area of potential parking spaces was included (Figure 3). The number of parked vehicles on each block face. within this area was recorded hourly throughout each study period to provide an assessment of the existing on-street occupancy. Table 3 summarizes the results. Approximately 482 on-street parking spaces are available within the study area, and as the table indicates, existing occupancy is very low. Occupancy was also fairly consistent throughout the study period; during the week only 10 more vehicles used street parking during the highest demand hour (5 PM to 6 PM) than the lowest hour (7 PM to 8 PM). On Saturday, only a five vehicle difference existed between the high and low demand periods. C f0 c~ ~ o~ N ~ ~ f0 ~ a~ .~ Q ~ Qua N d 1.k ,~ ` ~ M ~ 00 00 CO 0p OD ~ O - ~ ~ ~ M N O 4 , ~ - ~ ~ ~ ~ ~; i., i ~ t ~+ ~ ~ . '-.7 'r _L O O O O O O O O O O M ti ~ ", ~, M O O k : -t ~~'y- ~Ll.f ~ N in_ >.;.. ~ ~ ~ - `~ V 'Qd x ;O ;0 M ~ 0 0 0 0 0 (D O ~ CO O `O O O O Cn O ~~ ; . t `~'~ ~.~ . , ~ ,,. ~ ~ w ~4 ~ L >'o ' a~ 00 00 00 oO o0 a0 OD 00 O M N CV cV N N O r <' R o 0 ye _~,, o F ' ~ ~ 0 -t ~ ~ o 0 0 0 0 0 0 0 0 ~ ~ ,- '` . x ; ^ - - .r~,° a:: ~~ ~ N'''O O O r ~ ~ ~ -r y < ,.. r. 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O ~ ~ 00 O r ~ ~ ~ N f7 ~' to Cfl i~ OD O ~- ~ ~ ~ ~ Q Q o ~ ~ ~ ~ ~ ~ ~ ~ ~ a ~_ Q ¢ Q o ~ o a a a ~ a n. a a n. o F- f~ a0 O r r Z r N M ~' to Cp I~ a0 O ~ c~~~ x ~~w .-a ~--~ ~ ,~j wZa r.. ~ > ^ ~ w ~ ,, ~ ~s '~ ~ ? a ~' u i ti ) cn 1 A ~ • r E ± f tt ~ r r u .~ Q v ^ r v ~ofj p0 0 $ a o 0 0 0 0 ~ d' '~i C~7 [YS N N r O ~ saaedS }o aagtunN J Wd ~~-Wd06 Wd0!-Wd6 Wd6-Wd8 Wd8-WdL WdL-Wd9 Wd9-WdS Wd~-Wdb Wd~-WdE p w m WdE-Wdz ~ Wd~-Wd L Wd ~ - uooN uao~ - Wb' ! 1. Wb' Ll-Wtl06 Wb'OL-Wb-6 wes-wes Wb8-WdL N i N ~ ~ ~ U c C~ cC C U .~ a> c N Q N O c c~ E O Y c~ i O c z ~a FELSBURG ~i HOLT & ULLEVIG Mq HO,dk/ns A~~ LEGEND ,~~_ ~, h h'a//a,~ St B/~,~,k°r St / PROJECT SITE b~ c ti ICI \ Figure 3 0 Study Area North Aspen Jewish Community Center 04-037 6/21!04 April 5, 2006 `rrr~ Mr. Alan Richman Page 8 Table 3. On-Street Parking Usage within the Study Area - ~. ~ ~ . . ~.- _ zt ~, ,~,~ a~: : U ~ r ~ ~ _~ .,,,. ~ ,~.,, =;Day of th'e Week . ` 3 P~M~=4 PM~~ 4~PIVI~~5;^PIV~~' ~S~,I~A 6~PM x, 6~PM`~~!,7~PMY_, Thursda 71 78 73 74 71 Frida 69 72 76 57 58 Weekda Avera a 70 75 75 66 65 PercentOccu anc 15% 16% 15% 14% 13% 8'AM = 9`AM' ; 9'AM ='10'AM„ ?_10;~AM -,11';'AM 11 AM<~='12'~PM' Saturda 59 62 63 64 PercentOccu anc 12% 13% 13% 13% As noted in Table 2, the Aspen Jewish Community Center is anticipated to generate a peak parking demand during Friday religious services, which occur after sundown between fall and spring, roughly during the peak parking demand period of 5-6 PM. Figure 4 shows the parking demand on each block face during that period. As the figure indicates, adequate parking is available on all blocks in the study area, with only four block faces more than half full. Only 22 of the 98 spaces on the four streets surrounding the project block were occupied. During the summer, services would occur later in the evening because of the longer days. Figure 5 shows the parking demand on each block face during the last hour of the study period (7 PM to 8 PM), which is anticipated to reflect conditions during these later services. As the figure indicates, conditions are very similar to those reflected in Figure 5; only four block faces are more than half full, and nearly all of the spaces on the streets surrounding the project are vacant. Figures 6 and 7 show existing conditions on Saturday mornings. Figure 6 shows background conditions early in the morning when people would be arriving for services, while Figure 7 shows background conditions during services. As with weekday conditions, both figures indicate a low background demand for parking throughout the study area. Parking Conditions with the Aspen Jewish Community Center To assess parking conditions with the Center, the hourly parking demand generated by the site for each of the various activity scenarios (Table 2) was added to the hourly background parking demand in the study area (Table 3). The results are presented in Table 4 and graphically depicted in Figures 8 and 9. Two parking changes are anticipated within the study area: new bus lanes on Main Street will remove all of the parking from the south (Aspen Mountain) side of Main Street (reducing the supply in the area from 482 spaces to 446 spaces), and remove the parking on the north (Red Mountain) side of Main Street from 3 PM to 6 PM every weekday (reducing supply to 410 spaces for that period). These changes are reflected in the table and figures. FELSBURG ~' HOLT & ULLEVIG b h'a~~ani St a v12 ~ ~~ 0/l0 1 ~ B/ k°rst. 0/10 3/12 N 2/12 0/10 ~ 5/12 0/10 v12 2/12 U10 ® 0/10 3/15 ~ 2/12 0/12 Ma„~ st. 3/10 ,~` 82 U12 :6/10 5/10 , 2/12 0/12 4/12 4/10 2/10 yOpki 2/10 ~S'gve ® 12/20 '" 0/12 0/12 1/12 1/10 $ 0/12 2/10 0/12 2/12 0/10 2/10 PROJECT 1/12 1/12 SITE vs 3/12 0/5 1 6/10 ;`'``, 2/8 ~; 1/7 LEGEND = Block Number . _ <50% Occupied ` `''" - Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces Figure 4 Existing Weekday Parking Occupancy 5PM - 6PM North Aspen Jewish Community Center 04-037 6/21/04 FELSBURG ~' HOLT & ULLEVIG b h'a/~a,~ S~ ~ ,c a 1/12 `~ i/10 ^ a B/~~k~r ~j 1 ~ 0/10 2/12 ryc __ 2/12 0/10 ~ ..,,,, / 4/12 0/12 4/15 Ma"' St. 2/10 a2 1/12 I y~'°k/ns q~e 0/12 2/10 12/20 t~ 1/12 / 0/12 PROJECT SITE LEGEND = Block Number t~ _ <50% Occupied ~" = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces O Nnrfh ~ 1/12 1/12 2/10 6/l 3/12 0/12 0 3 2/10 1/12 1/12 _~ 0/10 1/12 2/12 4/10 2/10 1/12 ~ 0/10 a 2/10 1/12 I 3/5 3/12 oi5 1 5/10 ~~_~ 1/S ~ 0/10 Figure 5 Existing Weekday Parking Occupancy 7PM - 8PM _____. Aspen Jewish Community Center 04.037 6/27/04 ~` FELSBURG ~' HOLT & ULLEVIG b h~aiia~ St ~ ~ a 0/12 `~ 0/10 ^ a Bic,~k~rst. 1 ~ 0/10 1/12 ryc 1/12 0/10 a 2/12 0/10 1/12 1/12 0/10 0/10 5/15 0/12 Ma"'sf ~ 0/10 1/12 82 0/12 0/10 7/10 3/12 0/12 0/12 3/10 1/10 yO,b~insgv 3/10 ®10/20 ': 0/12 e 0/12 1/12 ~ 1/10 $ 0/12 0/10 0/12 0/12 0/10 l/10 PROJECT 1/12 3/12 SITE 0/5 3/12 2/5 6/10 2/8 0/7 LEGEND = Block Number . _ <50% Occupied = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied SpaceslTotal Spaces Figure 6 Existing Saturday Parking Occupancy 0 8AM - 9AM North Aspen Jewish Community Center 04.037 6/21/04 FELSBURG ~' HOLT & ULLEVIG h h'a~~a,~i S~ ~ ~ a 0/12 `~ 0/10 ^ %~k~°r St 1 ~ 0/10 1/12 ry 0/12 0/10 ~ ,. ,. ,. / 2/12 Ma;,~ St yO'b'~/ns Avg LEGEND 1/12 4/15 1/10 . 0/12 ~ 0/12 2/10 10/20 ® 1/12 0/12 PROJECT SITE = Block Number . _ <50% Occupied -'` " - Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces 0/10 2/10 Figure 7 Existing Saturday Parking Occupancy 11 AM -Noon North Aspen Jewish Community Center 04-037 6/21/04 1/12 1/12 4/10 6/7 0/12 0/12 3 1/10 0/12 1/1` 0/10 0/12 4/12 3/10 1/10 0/12 0/10 a 3/12 0/5 3/12 3/5 1 5/10 _~ 2/8 V E-' ~l ~ ~ ~ wZa ~~ c ~ > D ~_ n3 ~, .~ () l0 U ~- LL !!! 1 ~ i (jf Q ~ it ~U (~ ~ ^ ~ U ^ ^ ^ ` 1 s s ' i ^ j ~ a~ c ~ 0 u .~' c~ Q. U WdOI-Wd6 Wd6-Wd8 Wd8-Wdl WdL-Wd9 Wd9-Wd~ Wd~-Wdb Wdb-WdE !f? '~f d' M M CV cV r ~- saoedg ~o aaquanN O m ~ ~ ~ ~ ~ ~ ~ ~ rn ~ >N N ~~~R C V ~ ~ ~-+ Q~ i ~ Q _~ ~ Q ~ ~ ++ ~ N ~ L ~X }' W ~ v •~ L ~~t ~1-+ lV ~ U N ~ ~ .~ ~_ ~ s. c ~ O ~ U i ~ (~ ~ ~° Q a 0 Z ~a 0 N a 0 a 0 m U 'c E E 0 U .3 m m a l~ L~ ~ ~ ~ wxa ~~.. ~. r ~, f ~, f N ~ u ~ U R1 C R S i V I s 1 ~..~ Wd Z - Wd G Wd L - u~N uoaN - W1f 1 G W'd l G - W'd O G W`a- 0 L - Wd 6 Wd 6 - Wed 8 v p~p ~/ Q ~ ~ ~! ~ yJ O tf'1 ~ d' l^7 CO N N r r sa~edg ~ aaqutnN 0 0 E H ~ ~,, ~ ~ N ~ L ~-+ ~~t !~^y V J n' ^'~ ^^1'' W `~W L yJ `~ N _~ Y..L ~~ ~ ~ .c .~ x c W -- `. -c° a~ ~ ~ E a~ ~ U c ~ Y 0 ?' U ~~ o _~_ Z ~ °~ Q Q~ L 0 Z ~a 0 a 0 m m U _T C E E 0 U N m c m Q ~"".. l ,' April 5, 2006 `r'` Mr. Alan Richman Page 15 As the table and figures indicate, less than 30 percent of the street spaces in the area would be occupied during both typical weekday activities Friday services, and special events at the Center, while on Saturdays less than 20 percent of the spaces would be full. Table 4. Hourly Parking Demand in the 10-Block Study Area with the Aspen Jewish Community Center a grr~Time Period E ~ ~<~ 3 PM - 4 PM 8 65 73 18% 4 PM - 5 PM 48 68 116 28% 5 PM - 6 PM 8 60 68 17% 6 PM - 7 PM 2 62 64 14% 7 PM - 8 PM 10 62 72 16% 8 PM - 9 PM 17 60 77 17% 9 PM - 10 PM 17 59 76 17% ~;r~ x ~ '°; w ~' 5~te Viz. , t~ 3 PM - 4 PM 8 63 71 17% 4 PM - 5 PM 48 64 112 27% 5 PM - 6 PM 27 65 92 22% 6 PM - 7 PM 21 47 68 15% 7 PM - 8 PM 2 49 51 11 8 PM - 9 PM 0 49 49 11 9 PM - 10 PM 0 49 49 11 Ti Peri d ~' ~~ _ me o : ':S~te~,~=`~'~Y ;<B~ac ;o ~'~'"o~a,t ~~. '.~~-.,e cpnt~ 3 PM - 4 PM 8 63 71 17% 4 PM - 5 PM 48 64 112 27% 5 PM - 6 PM 44 65 109 27% 6 PM - 7 PM 74 47 121 27% 7 PM - 8 PM 74 49 123 28% 8 PM - 9 PM 38 49 87 20% 9PM-10 PM ~,, ' ~ Time P d~*~~' ~~ ;~ ~ „.. ::,~ _. ~ .. 2 w~~`R `~~C x-aF ~ . 49 9 51 11% 8 AM - 9 AM 11 54 65 15% 9 AM - 10 AM 20 58 78 17% 10 AM - 11 AM 20 59 79 18% 11 AM -Noon 20 60 80 18% Noon - 1 PM 11 61 72 16% 1 PM - 2 PM 1 62 63 14% April 5, 2006 Mr. Alan Richman Page 16 It is anticipated that parking occupancy would be concentrated around the site as much as possible, since people naturally park as close as possible to their destination. Therefore, it is likely that the block faces nearest the Center's entrance (located on Main Street) would fill first, with additional block faces filling as necessary until all vehicles are accommodated. Using this principle, Center parking demand was assigned to the street system; Figures 10 and 11 show the anticipated parking conditions during typical religious services (starting at 5 - 6 PM) and during special events (starting at 7 - 8 PM). As shown in Figure 10, during typical religious services, nearly all Center parking demand can be accommodated in the spaces on either side of 4~' Street, with the remaining Center patrons park along the other block faces adjacent to the site. Currently, 17 vehicles were observed occupying the 78 spaces available on these block faces. The remaining eight blocks in the study area are not anticipated to be affected by Center demand. As shown in Figure 11, during special events, Center demand would fully occupy the four block faces nearest the Center's entrance (both sides of 4~' Street between Main and Hopkins and the south side of Main Street between 5~' and 3`d Streets). Some patrons would occu~y both sides of 4~' Street between Main and Bleeker, both sides of Hopkins between 5~' and 3` ,and the west side of 3`d between Main and Hopkins, but the demand on these blocks is not anticipated to completely fill those spaces. It is also worth noting that these special event conditions are anticipated only 8-10 times per year and would only last for a few hours; thus the conditions presented in Figure 11 would occur infrequently. Conclusions and Recommendations Based upon the above parking analysis, it appears that adequate on-street parking exists on the area to accommodate the demand associated with the Aspen Jewish Community Center. Very few vehicles currently park on the streets in the site vicinity, and under typical conditions, nearly all Center patrons would be accommodated along the block faces adjacent to the site. During larger special events at the Center, which would occur 8-10 times per year, the four block faces nearest the Center's entrance would fill. Some patrons would use the spaces on the blocks beyond those, but the demand on these additional blocks is not anticipated to fully occupy all the spaces available. The remaining blocks in the study area are not anticipated to be affected by Center demand. trust this information will be of assistance to you as you continue the approval process for the Center. If you have any questions regarding the above information, or need any additional information, please give me a call at (303) 721-1440. Sincerely FELSBURG HOLT ~ ULLEVIG ~~ti. effrey M. Ream, PE, PTOE Senior Transportation Engineer FELSBURG ~i HOLT & ULLEVIG h ya~~ani St ~ ,c a 1/12 ~' 0/10 a %~k~r St 10 0/10 3/12 ryc 2/12 0/10 9 ~ ._ ~ /, 5/12 \ Ma;,~ S~ U12 0/15 8/10 2/12 2/12 8/10 6/10 4/10 2/10 yO'°k/ns '9~e LEGEND = Block Number . _ <50% Occupied ~'"° = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied Spaces/Total Spaces U5 1/12 U10 0/12 2/12 0/10 2/10 3/12 0/5 ~ 6/10 2/8 1/7 C Figure 10 Parking Conditions During Religious Services 0 5PM - 6PM North Aspen Jewish Community Center 04-037 3/23/06 2/10 ® ~~' 20/20 ~v12 loilo ~ 0/12 \ !L 2/12 PROJECT / U 2 SITE r.tr FELSBURG i HOLT & ULLEVIG b h'a~~am S~ a a 1/12 ~' 1/10 ^ a ej~~'k~r Sr 1 ~ 0/10 2/12 ryc 2/12 0/10 ~ 4/12 0/10 0/12 U12 0/10 0/10 4/15 ~ 1/12 U12 Main st 8/10 s2 8/10 © 2/12 6110 12/12 4/10 2/10 y~'bkins q~e 2/10 ®20/20 12/12 1/12 10/10 ~3 5/12 5/10 0/12 5/12 5/10 2/10 PROJECT 5/12 1/12 SITE 3/5 3/12 0/5 1 5/10 1/8 1/7 LEGEND = Block Number . _ <50% Occupied = Between 50% and 85% Occupied ~ _ >85% Occupied X/X = Occupied SpacesJTotal Spaces Figure 11 Parking During Special Events 0 7PM - 8PM North Aspen Jewish Community Center 04-037 4/5/06 ~ea.~c ~~uhacc C b~az 3613 ~a~c, ealanada 81612 May 10, 2006 ~ ~ s~ ~~ ~~/~~ (g~o~g2o-112s ~~.,~ Mr. Ben Gagnon City of Aspen Community Development Department 130 South Galena Street ~' . -, ~` ~ Aspen, Colorado 81611 MAY 1 0 2006 RE: ASPEN JEWISH COMMUNITY CENTER ---7 a t. I,E~LV' ,;gyp ,z~~S~JT Dear Ben, On April 5, representatives of the Aspen Jewish Community Center (JCC Aspen) met with the Development ReviewCommittee (DRC)to hearstaffcomments regarding our pending land use application. One of the key issues that was discussed at the meeting was the anticipated traffic and associated air quality impacts from the proposal. At the conclusion of the meeting we agreed to provide the staff with a written summary of the additional transportation demand management (TDM) techniques the applicant would be willing to implement to reduce traffic and air quality impacts. The purpose of this letter is to provide you with this summary. TDM Commitments Following are the transportation demand management techniques the applicant is committed to implement: 1. JCC Aspen typically prints flyers that are sent to all persons on its mailing list when it plans to hold a special event, such as a lecture, movie, or religious celebration. For all events at the Center, JCC Aspen will print on each flyer that on-site parking is not available, and attendees are strongly encouraged to car pool or take the bus. JCC Aspen will also include this information on the periodic (monthly or quarterly) newsletters that are sent out to all members of the organization. It is pertinent to note that a Passover Seder was just celebrated at the site and approximately 40 people attended. Most people came in family groups and only 2 of the attendees came to the Center by car. 2. JCC Aspen will require any person who rents the social hall to print on their invitation that on-site. parking is not available and attendees are strongly encouraged to car pool or take the bus. C J Ben Gagnon May 10, 2006 Page Two I would point out that the land use application (Page 6B) describes the types of special events that are anticipated at the Center. Special events include abar/bat mitzvah, wedding, holiday dinner (such as Passover), the Jewish high holidays (Rosh Hashanah), and an occasional film or lecture. Events would draw attendees from both valley residents and visitors, but it is expected that most would be locals or persons with second homes here. Past experience with Chabad events indicates that many will car pool or use the bus. As stated in the application, the applicant does not anticipate that there will be widespread rental of the facility because of the kosher kitchen, which would require any event to follow strictly kosher cooking practices. Therefore, the application states that only 8-10 special events are anticipated per year. The applicant considers this to be a commitment of this application. The City could consider any proposal to increase the number of events beyond this number to be an amendment of the application that would be processed according to the City's applicable amendment procedures. 3. JCC Aspen has a web site (www.jccaspen.com) that provides information about programs and facilities. The web site already provides information on how close the property is to hotels and other major attractions in Aspen, and how to get to the site by bus, walking, etc. These locational advantages are a primary reason this site was chosen in the first place. 4. JCC Aspen will amend the site plan to provide locations for bicycle racks along the front and rear entries to the building. 5. JCC Aspen will provide bus passes to all employees who do not live within walking distance of the site. Employees will be encouraged not to drive to work from the first day they are employed at the Center. Other Ideas You asked us to also inform you about other ideas JCC Aspen has considered relative to traffic and parking. Following are some other ideas: 1. JCC Aspen has considered having a bus that picks up and drops off children for the pre-school. JCC Aspen has an early childhood committee that discussed this idea. Many of the committee members felt that since the Center is located in such a central location, parents would not see the value of driving to a bus drop off point rather than simply driving to the Center. JCC Aspen continues to consider whether this option would work and is open to positive suggestions about how such a bus drop off could be of benefit to the Center. C ~ Ben Gagnon May 10, 2006 Page Three 2. There is a group known as the Aspen Inter-Faith Association (AIA) which meets periodically. It is composed of the leaders of religious groups in Aspen who discuss issues common to their organizations. None of the churches in town have any off-street parking and none have reported that parking is a problem for them. The other leaders have pointed out that church-going is a family event, and many people arrive in groups, rather than just one person per car. Most if not all who attend are respectful of neighbors and do not violate any norms. The church leaders find that maintaining a dialogue with their neighbors is important to address problems when they arise and JCC Aspen plans to do the same. 3. You have asked how JCC Aspen will manage the drop off spaces at the Center, to ensure there is no long term occupancy of the short term spaces. JCC Aspen will assign a staff member to be present during the peak drop off time each morning. The staff member's role will be to escort children as they arrive, so parents do not have to get out of the car to take their children to the pre-school. Finally,we would note that many of the routine programs that will occur in the new Center have been ongoing at the site since shortly after the site was purchased 2 years ago. These programs include prayer services, Hebrew school, mommy and me, and certain holiday events (such as the Seder referred to above). Neighborhood concerns regarding parking have not been reported from these activities. Therefore, we would suggest that it may only be the few largest special events that will occur at the new Center that could be of concern, and not the daily activitiesthat make up the bulk of the Center's operation. Our parking study demonstrates that there is more than adequate on-street parking capacity in the surrounding area to accommodate these infrequent events. We would ask that the existing programs be taken into account when the staff evaluates the net increase in traffic and any associated air quality concerns from this project. I believe the above responds to the questions which the City staff has raised. Please feel free to contact us if there is anything else you require. Very truly yours, ALAN RICHMAN PLANNING SERVICES Alan Richman, AICP `. Aspen Consolidated Sanitation District Paul Smith * Chairman Frank Loushin Michael Kelly * Vice- Chair Roy Holloway John Keleher * Sec/Treas , _ T Bruce Matherly, Mgr April 18, 2006 Ben Gagnon Community Development 130 S. Galena Aspen, CO 81611 Re: Jewish Community Center Dear Ben: APR 1 9 2006 ._~,T We have reviewed the application for the improvements planned for the Jewish Community Center and our comments are attached. Please call if you have any questions. Sincerely, ~ ~~~~ ~ Bruce Matherly District Ma nager attachment 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 /FAX (970)925-2537 ,~.M,,, ~ ~.. Exhibit A ACSD Requirements-Aspen Jewish Community Center Service is contingent upon compliance with the District's rules, regulations, and specifications, which aze on file at the District office. ACSD will review the approved Drainage plans to assure that cleaz water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishment. Locations of food processing shall be identified prior to building permit. Oil and Sand sepazators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements aze prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the azea of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for lazger line). ., Where main sanitary sewer lines are required to serve this new development or the existing publicly owned sewer system requires modification or adjustment, a line extension request and collection system agreement are required. Both are ACSD Board of Director's action items. Applicant will be required to deposit funds with the district for engineering fees, construction observation fees, fees to clean and televise the new main sewer line extension into the project. The Applicant will have to pay 40% of the estimated tap fees for the anticipated building stubouts prior to building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. The applicant will be required to fund the main line relocation of the existing sanitary sewer system that currently serves the Prospector Lodge. Soil Nails are not allowed in the public ROW above ASCD main sewer lines. ACSD will need to approve swirruning pool facilities and drain size. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Owners will receive credit for prior tap fees, but only in the on the books amount at the time of payment. `~ APPLICANT: LAND USE APPLICATION Name: 5 ~~~~. ~io~~.tA ~ L~o 9F ~ ~. ~ ` y Location: y;3S wN~ VvJr.v. S~'~..aJt ~y~e._ ~~ /~ r3~ ~- ~~+~~-\L; (Indicate street address, lot & block number, legal description where appropriate) Parce! ID # (REQUIRED) x.'1'1, 5 \ ~•`~ Ss\ oo\ ~ x'135 \?`14s~ °o`i REPRESENTATIVE Name: A~ A~ Q,.c.~,w~.,,,. Q~~~=~ ~v~~,cs Address: ~,o K 3 V ~ ~ ~ fc.. Phone #: ~ ~o ~~\aS PROJECT: Name: ~ ~ ~ v,,,. S ~„~ .,y~. C..o ~.r..,~„ ~ v •~. ,~ ~ Ca.,..~ Address: y,3S ~~~ ~~~ S~(Lee~ ~,6"-~ Phone #: 5 ~ `~l- 3'1'10 TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ® Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ® GMQS Exemption [~ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment EXISTING CONDITIONS: (descri tion of existin buildin s, uses, revious a royals, etc.) 5 e. Q- ~~ ~ w-~,,o ,., ac-,c ~ PROPOSAL: (descri tion of ro osed buildin s, uses, modifications, etc.) Ha a you attached the following? FEES DUE: $ 3 $a$ [Pre-Application Conference Summary [Attachment # 1, Signed Fee Agreement [~ Response to Attachment #3, Dimensional Requirements Form Q~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards RETAW IuOR 1~1=+,r~,~;y. «'; ~EGOR>ti ~.r+' ~ ~~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and J ~J ~s~ ~~^"~ ~~- (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. ~ APPLICANT' has submitted to CITY an applicationfor v ,rt~c.,xp\ ~, t~.J Acw o (Y ~ ~ ~ x e. r.,. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT' S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY stall' to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~ ~Z-`~ which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of 5220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director g:\support\forms\agrpayas. doc 11/30/04 APPLI T By: 2 Date: O ©~ Billing Address and Telephone Number: ~Re u~ired "l2s 5 ~t~~ w... r. S~ ~ Lo ~~ ~ ~~ S`'~ K - ~,'1 Z o ~T1~M1 FOR. PER'K' RfCOi~ ,~:_ ~ File Edit ~ecard Navigate earn E~epmrts Fot'mtat ~~ ~~ Ras,tingHistary ? C~ns~in~r~s ~ Suf?Ferrr,its , 5k~atiort ~ Pct CusComerFe9,aesk n,ttao~nc~rt~ t,gair, Routing ~~tatus ( .4,ch!Eng ~ " C`~istotn Fiefs ~~ Feps ~ F~ S,,mm.~ry ~ Actin ~ ~ ,~sp~r, Land Us? 2i;j} _ Fem,n T ~pf• .~ la Pem~k #t rU0g5 ~2~tt6 ~.'~LU ~. ~ r~drJrP-: ia~5 'ui P~,41N';T i AptlSu~e w_ Gty ~w.SPEN ,,,~, State Ctl Zip 151811 ' i i~etcu,tlr~c~rr~tirui - 6~ia?er Permit Riming Qum #asl,,~Q6 App~ed Qllt~t~JE16 ,,,~ ... - _ _ - - ~~ ' Pik ~ _, ~,,,.~ ,w, ..~ $t~us ~ ~ A~aroved Desrxgation SPECIAL RY1N, lhiQS ES~EMPTiLiN. SUSDEUION ~ tss~~ ~~ ~ Farad '~~.k~mitted t..QM RiCHMAN 92C~tYe"~ ,~~ C~cde Rtg Days ~w 0 E~~es Ct~lCrll2Q07 `° VisiQie ran the web? PermiE iD: ~~ 37AQ1 ~~ t_ast hlarae .tEti^~P~H FEaF~I. CTE~ CHA ~ Enst Name ~~ X4.35 '~d MAIN sT _ ~,SPEN CO 51011 Phone 19'Oj `-~4d•377L1 r r~ Cta;~n~i i~~,~pplir~ard'~ ~ ~ _.~ ,µppGcant , - .:_ _ . m __ - Y m.~. ..~ _ _~.n ~__.~. Last Name JEvalr-,H RESFiC CTFt GMA ~ Fir-,i hlarn~ 1 ,435 1N MAIN ST __ _._ `.45PEN 0151611 Pt~wnz 19?O154a~377t1 Cu t u ,~E;11 ':~ietu Record: L of L ASPEN JEWISH COMMUNITY CENTER APPLICATION FOR HISTORIC DESIGNATION GROWTH MANAGEMENT REVIEW SPECIAL REVIEW FOR PARKING SUBDIVISION REVIEW SUBMITTED BY ALAN RICHMABOX 3618 NG SERVICES • ASPEN, COLORADO 81612 920-1125 FEBRUARY, 2006 TABLE OF CONTENTS II. III IV V. VI. PAGE I. INTRODUCTION ......................................... . 1 A• Background Information . . B• The Need for a Community Center in C• Site Description D• Overview of Proposed Development DESIGNATIONOF HISTORIC PROPERTIES Aspen ....................1 ..............2 .........................3 .........................7 GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY SPECIALREVIEWTO ESTABLISHOFF-STREET PARKING REQUIREMENTS .............. . GROWTH MANAGEMENTREVIEWFOR AFFORDABLEHOUSING SUBDIVISION REVIEW VII. VESTED RIGHTS VIII #1. #2. #3. #4. #5. #6. #7. #8. #9. CONCLUSION ...... . EXHIBITS 8 .....................12 ...................20 General Warranty Deeds Letter Authorizing Submission of Application Pre-Application Conference Summary HPC Resolution #31, Series of 2005 Architectural Inventory Form Agreement Creating Protective Covenant Infrastructure Report by High Country Engineering Parking Study Prepared by Felsburg Holt & Ullevig List of Owners Within 300' of Subject Property (to be submitted separate) Y) MAPS/DRAWINGS Vicinity Map Improvement Survey Site Plan Landscape Plan Floor Plans •••... 16 ....................................18 ....................................20 Building Sections, Elevations and Perspectives Engineering Drawings (Site Plan; Master Utility Plan I. INTRODUCTION A. Background Information This is an application for development review of the Aspen Jewish Community Center. The property on which the development is proposed to occur is Lots A through I, Block 38, City and Townsite of Aspen (more commonly known as 435 West Main Street). It is approximately 27,000 sq. ft. in size and is zoned Mixed Use (MU). The property is currently improved as L'Auberge, a small lodge comprised of eighteen cabins and one single family residence. A vicinity map locating this property within the City of Aspen has been provided. An improvement survey, depicting the configuration of the cabins and other key features on the property has also been provided. The subject property is owned by The Jewish Resource Center Chabad of Aspen. Proof of the ownership of the property is provided by Exhibit #1, the general warranty deeds. A letter from Rabbi Mendel Mintz of the Jewish Resource Center authorizing Alan Richman Planning Services to submit this application is provided as Exhibit #2. The applicant has held several pre-application meetings with staff prior to the submission of this application. Apre-application conference summary was issued by the Community Development Department on June 21, 2005 and was updated on February 1, 2006 (see Exhibit #3, Pre-Application Conference Summary). This document identifies the following review procedures that apply to the proposed development. • Designation of the property to the Inventory of Historic Landmark Sites and Structures; • Growth Management Review for development of an essential public facility and for affordable housing; • Special Review to establish the parking requirement for the Jewish Community Center; and • Subdivision to convert three of the cabins into affordable housing units. Because the property is located within Aspen's Main Street Historic District, this development is also subject to review by the Historic Preservation Committee. Conceptual development review for this project was completed on August 10, 2005. HPC Resolution 31, Series of 2005, granting conceptual approval to this development and recommending historic designation of the property is attached as Exhibit #4. Final development review by HPC will occur following the completion of the review of this application by the Planning and Zoning Commission and the City Council. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 1 The following sections of this application identify the standards of the Aspen Land Use Regulations that apply to these procedures and provide a response to the applicable review standards. First, however, a brief summary of the thinking that led to this application is provided. This includes a discussion of some of the reasons why the Jewish Community Center is needed in Aspen and an overview of the proposed site plan. B. The Need. for a Community Center in Aspen The Jewish Resource Center has been providing programming to meet important educational and social needs of residents of and visitors to Aspen and the Roaring Fork Valley since March of 2000. Religious services, special events, and classes for children and adults have been held at a variety of locations around Aspen, including hotels, lecture halls, and commercial spaces. Interest in these programs has been strong and growing, but as of yet the programs have not had a home of their own. As enthusiasm for the programs has grown, community members have come to recognize the need for a focal point for Jewish life in Aspen; an institution that can provide fulfilling programming and a comprehensive range of services and facilities for the surrounding area. The purpose of this application is to fill this void by developing a full service Community Center that will provide year-round programming for toddlers, children, teens, and adults, including both Jewish persons and members of the broader community. Programming will be offered in a range of social and cultural facilities, including a sanctuary, social hall, and classrooms. C. Site Description The site chosen for the new Community Center is at the corner of Fourth and Main Streets. This site has been chosen because it is a prominent location, befitting its planned civic functions. It is also an easily accessible site to the resident population and to guests staying throughout Aspen, since it is a centralized location within walking distance of many parts of town and with bus service directly to the site. Finally, it is located in a portion of Main Street that has a mix of local- and visitor-serving uses and a mix of building styles and sizes, allowing the proposed use to fit in as a compliment to the neighborhood. As the improvement survey/existing conditions map which accompanies this application shows, the property is currently developed with 18 cabins and one single-family residence. The cabins are available for nightly rentals as lodging for visitors. According to the City's Architectural Inventory Form (attached as Exhibit #5) the original cabins were installed on the property in the late 1940's or early 1950's. Cabins 11-19 are the remaining cabins that comprised the original lodge. None of these structures is currently designated as a historic landmark. However, according to the Inventory Form, Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 2 they are considered to be significant examples of rant recreational act vity in Aspen. ted with the period when skiing emerged as an import Cabins 20-22 and 24-29 were added to the property in 1997. These newer structures are similar in size, style, and pattern to the original cabiace located next toeitd, accessed v a a character of the site. Each cabin has a parking sp maintaining the original feel of this "U"shaped common drive into and out of the property, auto-oriented/post World War II lodge. The residence pert n manage95 At the present t me structure that has been used at times to house a p p Y it serves as the office for the Jewish Resource Center. The entire property is quite flat. It contains nsm S.° n ficantltrees on the propertyrare trees, along with several stands of lilac bushe g shown on the improvement survey. An open ditedh goo Ma nl Street) and therbuild ngs.ge between the sidewalk (which is currently attach p, Overview of Proposed Development Early on in the process. of conceptualizing how this e~°ed to or lan zesthe site plan) and used, several basic factors were identified that h p 9 building form that are presented in this appthetCi staff as t 'what features ofcthe ste the determination made by the HPC and y licant s ent ei hteen represent the historic resource that conce bual rdrawings.T Formal publi p hear'ggs or months working with the HPC on p scheduled work sessions were held with the HPC i{ of 2x005, at (which Omebconceptoal and January, February, April, June, and Augus approval was finally granted. The HPC ultimately determined that it was not simpl cab ns are modest structures, alnd on resource on this site. It was recognized that these their own do not represent what would typically be do sreeresentbanhimportantdhistor c However, the cabins as placed into their setting p element of the community, epitomizing the typer st dest nabfon ~nl thee1d950'smmodations that helped to put Aspen on the map as a tou This determination led the HPC to find that it was eventhan t was t atrytto preserve a I many of the cabins as possible in their original location of the cabins. The applicant proposed many different site plans for the property, some of which involved moving some of the cabins from th bepbest located on tther property I of the cabins while allowing the new buildings to Eventually, the HPC decided it was critical to m f ~the'cab nshby keeping'as hmany ofcthe along Third Street, and to retain the L shape o cabins as possible along the alley, while still allowing for the desired re-development of Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 3 the property. Therefore, the HPC authorized the applicant to remove three of the original cabins from the site. A plan for the relocation of these cabins within the City of Aspen will be provided at the time of final HPC review. Another factor that the applicant needed to respect is that in 1995 a private covenant was entered into between the former owners of the property and the neighbor who lives in the duplex located just to the south of the alley (see Exhibit #6 for a copy of the recorded covenant). A key element of this covenant is the establishment of a 20' open space reservation in the southwestern corner of the ro ert the location of this area). No development or parking sspe mtt dpo occurn nsthe oy enr space area. p Considering these factors, it became readily apparent that the appropriate location to develop the new Jewish Community Center was in the front portion of the property. As HPC reviewed a number of different architectural schemes for the property, they expressed several clear preferences. First, HPC determined that the taller mass of the structure, which was needed to create an a ro riate religious sanctuary, should be kept to the western side of the property, and that the height and mass of the new struct on the eastern side of the property needed to carefully respect the small scale of the remaining cabins. Second, HPC determined that it was important for the proposed development to be broken down into smaller masses and not create a single continuous elevation along Main Street. At first this was designed as two independent buildings, one housing the classrooms and sanctuary and the other being the social hall. Ultimately, HPC approved a connector between these two buildings, but required the connector to be set back and kept low so the buildings still appear to be independent of one another. HPC also made a determination that for the development to comply with the Historic District Guidelines, some of the program proposed for the site needed to be moved into the basement. The library was therefore moved below grade, as was the proposed social room for teenagers. Another key site planning decision was whether or not to provide additional parking on the site. Because of the limitations of the private covenant and the need to preserve most of the cabins, it was clear that significant new off-street parking could not be provided along the alley. The applicant originally proposed to have head-in parking along Fourth Street, to provide adrop-off area for the school. This was rejected by the HPC as being inconsistent with the historic alignment of the City's street network. The applicant also considered having a drop off area along Main Street, bringing cars into and out of the site in a "U"shaped driveway, but this was rejected by the City Engineer due to the potential for cars stacking into the traffic flow along Main Street. Ultimately, the applicant was able to accommodate nine (9) drop off/employee parking spaces along the alley, between the cabins and classrooms. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 4 the applicant has evaluated the feasibility of In response to comments from neighbors, building subgrade parking on-site. The applicant cdeveloemen tprograme nclud nlgathle problems with including sub-grade parking m the p following: • subgrade parking would eliminate or significantly restrict the ability of the applicant to develop a basement for this building. The elia ousrlroom,uand storage), some the basement (library, kitchen, activity room, g of which HPC required be moved subgrade, that simply cannot be eliminated from the development plan for this property. • Due to certain mandatory elements of t ee reserved and the covenanttp eventing many of the original cabins as possible b p the onl place to enter asub-grade the development of the open space area), Y garage would be along the alley, where surfW tho tr anfgunctionalndroplaoff area for of these spaces would leave the facility children coming to day care or the religious school. Therefore a study was conducted to analyze thence a'Thiststudy dem nstrated t e surrounding the property to serve the needs of the C availabilityof asubstantial number of on-street partk~ng epaaces ahe bo~ used dur ng the this property. The study also found that many of p times of day and the periods during the week wh anthmoae'lon-street spa esoava table greatest use. In fact, there are expected to be m y than would be demanded by users of the site. This issue is discussed in considerably greater detail in Section IV of this application. A final element of the site plan is that a sidewalk wa k alontalMam Street s proposed to Third Street and Fourth Street frontages. The side g be re-built so it is located along the front of the b Gated between the s dewa k andthe This will allow the ditch and the street trees to be to street, in a pattern typical of most of Main Strhance the use'of this blocktby pedestr ans arrived at lomtly with City staff and should en and bus passengers. A table summarizing the proposed dimensional stble its hat the proposed development follows below. The key point with respect to this to complies with all of the underlying dimensional floordarea at o foMthatd zone(MThe only district, and is, m fact, well below the allowable exception to this statement is for the side and frontteetaavasancte (seecExh bit #4)nal cabins protrude slightly, and for which HPC has gran Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 5 TABLE 1 COMPLIANCE OF PROPOSED DEVELOPMENT WITH DIMENSIONAL STANDARDS Dimensional Requirement Land Use Code Proposed Conditions Standard: MU Zone District Minimum lot area Minimum lot width Minimum firont yard Minimum rear yard Minimum side yard Maximum height Maximum allowable floor area Notes 3,000 sq, ft. 26,981 sq. ft. 30' 270' 10'; may be reduced to ' Cabin: Approx. 3' 5 by special review New buildings: 5' (see note 1) 5' S, 5' Two cabins have a 1' side yard; one cabin encroaches into the public right-of-way (see note 2) 32' 32' 1:1 for properties in the Main Street Historic District (26,981 sq. ft.) 0.73:1 (19,665 sq. ft.) Of that total 18,377 sq. ft. is public uses and 1,268 sq. ft. is affordable housing. 1 • HPC has granted a variance for the front yard setback for the historic cabin at its conceptual review and will consider. granting a variance for the front yard setback for the new buildings at its final review. 2• HPC has granted a variance for the side yard setbacks for the historic cabins along Third Street at its conceptual review. An encroachment license was previously granted by the City for the cabin that extends onto the public right-of-way (see Clerk and .Recorder Reception ,No. 396080) Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 6 Table 2, below, provides a summary of the activities that are planned to occur at the Jewish Community Center, and provides a way to explain to the reader how the buildings on the site are proposed to be used. The taba~sl that t e Jewish Re'souacedCenter has Center, based on historic attendance at prog run for several years, and based on expectations of membership in the Congregation. TABLE 2 SUMMARY OF ACTIVITIES AT JEWISH COMMUNITY CENTER Activity Time Period Frequency Anticipated Attendance Pre-school 8 AM to 4 PM 5 days per week 35-40 children Hebrew school 3 PM to 5 PM 2-3 days per week 8-10 children 6 PM to 8 PM 1 night per month 20-25 persons Teen program Adult education 8 PM to 10 PM 2 nights per week 15-25 persons Reli ious 9 Friday after sundown every week 40-50 persons services Saturday 9 AM to .Noon Special events Evenings 8-10 events per 50-200 persons per year event The pre-school will operate five days per week, from 8 AM to 4 PM. It will be a non- denominationalday care center that is open to all members of the community. It will have three class rooms, each of which can accommodate up to 15 children, pursuant to State standards for day care centers. These room aaea located along Fourth Street he west building, and will open up to an outdoor play The Hebrew school will operate two to three days per week as an after school program. It will accommodate up to 10 children. It will operate in one of the two classrooms that are located on the second floor of the west building, next to the sanctuary. Similarly, there will be an adult education program that occurs two nights per week, from 8-10 PM. These will also occur in the class rooms, and will attract from 15 to 25 persons per night. The teen program will have two elements. First, there will be informal opportunities for teens to drop in at the Community Center. A teen activity room is located in the basement to accommodate these informal social gatherings and recreation activities. Second, there will be a more organized eveningatel g20-25 teens and could occur n the These gatherings are expected to draw approxim y teen room or in one of the class rooms. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 6A Religious services will occur every week on Friday evenings and Saturday mornings, and periodically for religious holidays. Attendance at these services is expected to be in the range of 40-50 persons, although larger groups ma holiday services or for a bar mitzvah. The services will o cugran the sanct ary,twh ch ~s located on the second floor of the west building. Following the services, there is typically some form of eating and drinking occasion that occurs. This may be as simple as a kiddish, which will occur in the room next to the sanctuary, or may be as elaborate as a Passover Seder or a meal celebrating the Jewish New Year, which would occur in the social hall, located in the first floor of the east building. Finally, there will be a limited number of special events at the center, ranging from films or lectures, to the occasional bar mitzvah or wedding. Attendance at these events would range from 50 to 200 persons. The maximum capacity of the social hall is approximately 200 persons (which is also the approximate seating capacity of the sanctuary), based on having table seating in the hall, with a band or a lectern at the front of the room. A kitchen for serving guests has been provided in the basement of the building. Because this will be a strictly kosher kitchen, the social hall will not be available as a party space for anyone other than observant Jews. Therefore, it is expected that there will only be 8-10 of these larger special events per year. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 6B II. DESIGNATION OF HISTORIC PROPERTIES Section 26.415.030 B. of the Land Use Code establishes criteria for the designation of properties to the Aspen Inventory of Historic Landmark Sites and Structures. Sub-section B.2 authorizes the designation of a property constructed at least 40 years prior to the date of application, provided the property possesses sufficient integrity of location, setting, design, and materials that it embodies the distinctive characteristics of a period in Aspen's history. Attached as Exhibit #5 is the City's architectural inventory form for this property. The form states that this property is a significant example of rustic architecture that is associated with the period when skiing emerged as an important recreational activity in Aspen. The applicant has agreed to cooperate with the City of Aspen in the designation of this property as part of the plan to develop the Jewish Community Center. The applicant has voluntarily agreed to this designation, provided that it is not used as a means of preventing the adaptive re-use of this property as a Jewish Community Center. During the conceptual review of the development of this property by the Historic Preservation Commission, substantial time was spent evaluating what constituted the critical historical resource on this property that needed to be preserved. Ultimately, the Commission determined that the setting in which the historic cabins are located is as important as the small cabins themselves. The Commission decided that keeping as many of the original cabins along Third Street and along the alley in their original locations as possible was more important than saving a greater number of the cabins by trying to relocate some of them on-site. The Commission also decided that it was important to allow for the adaptive re-use of the cabins on-site, which would ensure the long term preservation of these resources. This has been accomplished in this application through the identification of beneficial supporting uses for the cabins, including affordable housing, lodging for visiting scholars, and office/receiving. The HPC Resolution reflects the final understanding that emerged from these discussions. It recognizes that as part of the final HPC review a plan for relocating three (3) of the nine (9) original cabins will be presented to the HPC. By its conceptual approval of the site plan presented by the applicant, HPC has indicated that such a relocation plan is reasonable, provided an appropriate receiving site for the cabins is identified by the applicant and provided the applicant demonstrates that the cabins can be safely relocated. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 7 III. GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY Chapter 26.470 of the Land Use Code requires all new development in Aspen to obtain a growth management allotment or to be eligible for a growth management exemption. The applicant believes the proposed development of the Jewish Community Center qualifies for a growth management exemption as an essential public facility. Section 26.470.040 D.3. establishes the criteria for review of the development of an essential public facility. These criteria and the applicant's responses to them are as follows: a. The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility (see definition). Accessory uses may also be part of an Essential Public Facility project. Response: The Land Use Code definition of an essential public facility is as follows: "A facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community". Development of a religious worship facility and associated uses clearly meets the test of serving an essential public purpose. The facilities will be available for use by and will benefit the general public. As explained in Section I.B of this application, the facilitieswill serve the growing needs of the community. b. Sufficientgrowth management allotments are available to accommodate the uses, pursuant to Section 26.470.030 C., Development Ceiling Levels and Section 26.470.030 D., Annual Development Allotments. Response: The above-referenced Code sections do not set a development ceiling or an annual limit on the amount of essential community facility development that can occur. Therefore, sufficient allotments should be available to permit this development to occur. c. The proposed development is consistent with the Aspen Area Community Plan. Response: The proposal to develop a Jewish Community Center is consistent with many of the most fundamental elements of the Aspen Area Community Plan. Some of the themes of the 2000 Community Plan which this Center will promote include the following: • Encourage a more balanced, permanent community; • Maintain and create places and opportunities for social interaction and lifestyle diversity; • Preserve and enhance our historic resources; and Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 8 • Provide assurances for the continued vibrancy of arts and culture as part of our community. The core idea behind the Jewish Community Center is to allow residents and visitors to obtain a greater affiliation to Aspen as a community, by offering an array of social and educational experiences, ranging from religious services and holiday celebrations to day care, religious classes, lectures, and films. Programming and spaces will be made available to meet the needs of children, teenagers, and adults. The location of the Center in a prominent place along Main Street, within reach of the community through walking or bus, is consistent with the AACP policy of infill development. It might have been simpler to locate such a facility outside of Aspen, where a larger land parcel could have been assembled and organized parking could have been offered. The ease of following such an approach is more than offset by the benefits of locating the Center right in the heart of Aspen, where it will help to re-build community, bringing the vitality of having children going to classes and enjoying associated outdoor recreation back into Aspen where they belong. d. A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in-lieu thereof in a manner acceptable to the City Council. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Response: According to Section 26.470.050A.1, Employee Generation Calculations, "All Essential Public Facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation". Section 26.470.050 A.1 goes on to provide guidelines for the Planning and Zoning Commission to use in establishing the employee generation for such facilities. First, the Code requires the Planning and Zoning Commission to consider the expected employee generation of the use, any unique employment characteristics of the operation, and the extent to which employees of various uses within the property will overlap or serve multiple functions. The applicant has completed a detailed evaluation of the planned operation of the Jewish Community Center. There will be a total of nine (9) full time employees of the Center. Following is a position-by position listing of the full time employees of the Center: • There will be one Rabbi who will lead the Jewish Community Center. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 9 • There will be six employees who operate the pre-school, since each of the three pre-school rooms is required to be run by two employees. One of these six employees will be the Rabbi's wife. • There will be one secretary who runs the administrative functions for the Jewish Community Center. This person will also operate the on-site religious articles shop. • There will be one caretaker for the Jewish Community Center. There will also be some contract employees who assist the Center from time-to-time. For example, there will a contract employee who will work 1 to 2 hours per week to support the pre-school. There will also be contract employees engaged by the caterers who may serve functions in the social hall from time-to-time. Finally, there may be a small summer camp that operates from the property, which would have up to 4 camp counselors (religious school students) working on a part time basis (from 9 AM to 2 PM) for 2-3 months per year. The Code also asks the Planning and Zoning Commission to consider two factors which may provide some assurance that the forecast level of employee generation will be accurate once the Center is actually in operation. First, it allows an applicant to place a restriction on the type of uses that can occur within the facility, requiring employee generation mitigation if the use changes at a future date. The applicant hereby agrees that the City may re-evaluate the employee generation mitigation for the Jewish Community Center if, in the future, there are changes to the uses which occur on the site from those specified in this application. Second, the Code suggests that the Planning and Zoning Commission may require a follow-up analysis of the project, such as an audit, to confirm that the forecast of employee generation was accurate. The applicant would agree to an audit of the project by the Housing Authority following the commencement of operations, to confirm that the number of employees on the payroll is the same as that in the employee forecast in this application. Of the nine employees, two (the Rabbi and his wife) already own an affordable housing unit in Aspen. The demand for affordable housing for the other seven employees will be mitigated through the conversion of three on-site cabins to deed restricted housing. The Land Use Code credits the applicant with 1.25 employees for each of the two studio units, and 1.75 employees for the 1 bedroom unit, meaning that 60% (4.25/7) of the affordable housing demand will actually be mitigated by the applicant. This is the same level of mitigation required of commercial and lodge developers by the Land Use Code. The applicant asks the City to find that this level of housing mitigation qualifies as a "significant percentage" and is therefore in compliance with this review standard. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 10 e. Free market residential floor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.0400.6., unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Response: No free market residential floor area is proposed f. The project represents minimal additional demand on public infrastructure or such demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Response: A comprehensive review of the project's infrastructure needs has been completed by High Country Engineering, and is attached as Exhibit #7. The report concludes that all necessary utilities are available to the site and that any necessary upgrades to existing facilities can feasibly be accomplished. The issue of this project's impacts on parking is addressed in the next section of this application. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 11 IV. SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REQUIREMENTS According to Section 26.515.030 of the Land Use Code, there is no specified standard for parking for the uses planned for this site. Instead, the required number of parking spaces for civic, cultural, and public uses is established by Special Review, according to the review criteria of Section 26.515.040. These review criteria and the applicant's responses to them are as follows: 1. The parking needs of the residents, customers, guests, and employees of the project have been met, taking into account potential uses of the parcel, the projected traffic generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts onto the on-street parking of the neighborhood, the proximity to mass transit routes and the downtown area, and any special services, such as vans, provided for residents, guests and employees. Response: A parking study has been prepared for the Aspen Jewish Community Center by Felsburg Holt & Ullevig, a well respected transportation engineering firm based in the Denver area. A complete copy of their study is attached as Exhibit #8. This study took into account the factors identified in the above standard and represents a comprehensive analysis of the parking needs for this project. Data collection for the study was conducted during peak winter conditions, during the first week of March, 2004. This time period coincided with the week that the HBO Comedy Festivalwas occurring and the ski areas were in high season, representing a period when parking demand in Aspen is already greater than normal. Counts of available parking spaces on the blocks surrounding the site were made at times when activities would typically take place in the Jewish Community Center. For example, counts were taken on several weekday afternoons and evenings, to evaluate parking needs for school sessions, adult education, and for the occasional events that may occur in the auditorium. Counts were also taken on Friday evenings and Saturday mornings, to evaluate parking needs for religious services. The counts of available parking were then compared to projected demand for parking from the planned activities. The results demonstrate that on-street parking spaces in the immediately surrounding blocks are considerably underutilized. The study projects that there will continue to be vacant on-street parking in the area following development of this facility. The key conclusion of this study is as follows: Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 12 "Based on the above parking analysis, it appears that adequate on-site parking exists in the area to accommodate the demand associated with the Aspen Jewish Community Center. Very few vehicles currently park on the streets in the site vicinity, and under typical conditions, nearly all Center patrons would be accommodated along the block faces adjacent to the site. During larger special events at the Center, which would occur 8-10 times per year, both sides of the street on the three blocks nearest the Center entrance would fill." The study represents an exceptionally conservative analysis of parking demand from the Center. It assumes that essentially all users would arrive at the Jewish Community Center by car. But, in fact, the Jewish Resource Center purchased this site precisely because it is located in town, along a bus route, and not very far from many of the hotels where guests will stay. The applicant expects that many attendees of its activities and some of the staff will arrive by walking or taking a bus, not by driving a car. In fact, Jewish law forbids driving on Friday night, Saturday or on religious holidays. While not everyone observes this law, some will be mindful of this limitation and others will simply find it more convenient not to drive. By not providing a large parking facility on-site, the applicant is providing a further discouragement for people who would think about driving. This would seem to us to be entirely consistent with the City's overall philosophy about parking in town, which is embodied in the recent revisions the City has adopted with respect to required parking for development within the infill area. For example, the standard for commercial development in the Mixed Use zone is just 1 space per 1,000 sq. ft. of net leasable area, a reduction from the former Office zone district standard of 3 spaces per 1,000 sq. ft., net leasable. The applicant would also ask the City to recognize that no other church within the Aspen Townsite provides on-site parking for its users. St. Mary's Church, the Community Church, the Episcopal Church, the Baptist Church, and even the newer Lutheran Church off Cemetery Lane all do not provide off-street parking. On-site parking is typically only provided for a religious facility in a suburban type of environment, such as at the Prince of Peace Chapel. So by providing nine spaces along the alley, this facility is actually providing more parking than any of the other religious facilities around the Townsite. Considering all of these factors, the applicant concludes that the proposal to provide nine on-site parking spaces for use as drop off parking and employee parking meets the needs of the project and therefore complies with the provisions of this review standard. Furthermore, it is consistent with the direction the City has recently taken toward parking for other types of new developments in this zone. Finally, it is consistent with the infill development approach adopted by the City, which recognizes that to achieve the vitality Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 13 the City is seeking, applicants should not be dedicating excess land on their property to surface parking. 2. Anon-site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. Response: As explained previously in this application, the applicant spent eighteen months working with the HPC to arrive at an acceptable conceptual site plan and architectural program for this site. One of the primary issues that was addressed during the many public meetings was how best to address on-site parking on this site. At the conclusion of its hearings, the Commission adopted Resolution 31, Series of 2005. Condition #2 of that Resolution reads as follows: "HPC has evaluated all surface parking schemes raised and all will have negative consequences except the one proposed. Also, the other designs do not meet the Design Guidelines. The Board is prepared to approve a parking waiver at Final review, once City Council determines the number of on-site spaces that would have been required." The applicant has conducted some research to determine the number of parking spaces that might be required for a facility such as this, based on the experience of other communities. The applicant examined the publication entitled Off Street Parking Requirements, published by the American Planning Association (PAS Report Number 432). This publication cites parking standards for uses established by communities throughout the Country. The applicant also examined the adopted parking standards for churches and religious facilities from other resort communities in Colorado, including those in Steamboat Springs, Crested Butte, Telluride, Breckenridge, and Gunnison. Several conclusions can be reached from a review of these standards, as follows: a. The typical parking standard applied to a church or religious facility is based on the number of spaces required per seat in the sanctuary. The range of such standards cited in this publication is from 1 space per 2.5 sanctuary seats to 1 space per 8 sanctuary seats, with the most frequently cited standard being either 1 space per 4 seats or 1 space per 8 seats. A few communities apply a standard of 1 space per 500 sq. ft. of space occupied for religious purposes. b. Several communities recognize that it is appropriate to lower the parking standard for a church or religious facility based on the following factors: • A lower standard should be applied if the facility is located such that a significant percentage of the parishioners can walk to the place of religious worship. This provision is considered to be particularly applicable to those Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 14 sects, such as observant Jews, who are forbidden to drive to religious services. • Because religious observances often occur at times when other land uses are not in operation, it is considered to be acceptable to reduce the required parking if the facility is located where other spaces are expected to be available. If a standard of 1 space per 4 sanctuary seats were applied to this facility, that would require 51 parking spaces to be provided (there are 204 seats planned for the sanctuary). A more reasonable standard of 1 space per 8 seats would require 26 spaces to be provided. However, an even lower standard should apply to this facility because: It is located along a bus route; It is within walking distance of many surrounding residences and tourist accommodations; Observant members of this congregation will not drive to religious services; Spaces have been demonstrated to be available on surrounding streets at the times when many planned gatherings will occur; and Other religious facilities within the Aspen Townsite do not provide off-street parking. Therefore, the applicant would ask that the Planning and Zoning Commission and City Council accept the proposed parking along the alley as the established parking standard for this facility. Since it is not physically possible to provide additional parking on this site and still preserve the original cabins, if a higher standard is set, the applicant will follow the directives of Condition #2 of HPC Resolution 31, Series of 2005 and request that HPC waive any higher standard that would otherwise be applied to this property. 3. Existing or planned on-site or off-site parking facilities adequately serve the needs of the development, including the availability of street parking. Response: Please see the response to review standard #1, above. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 15 V. GROWTH MANAGEMENT REVIEW FOR AFFORDABLE HOUSING The applicant proposes to convert three (3) of the original cabins from lodging units to affordable housing. Section 26.470.040 C.7 establishes the criteria for review of the development of affordable housing units. These criteria and the applicant's responses to them are as follows: a. Sufficient growth management allotments are available to accommodate the new units, pursuant to Section 26.470.030 C., Development Ceiling Levels. Response: The above-referenced Code sections do not set a development ceiling or an annual limit on the number of affordable housing units that can be developed in the City. Therefore, sufficient allotments should be available to permit this development to occur. b. The proposed development is consistent with the Aspen Area Community Plan. Response: Please see the response to this standard in response C of Section III of this application, Growth Management Review for Essential Public Facility. c. The proposed units comply with the Guidelines of the Aspen/Pitkin County Housing Authority. A recommendation from the Aspen/Pitkin County Housing Authority shall be required for this standard. The Aspen/Pitkin County Housing Authority may choose to hold a public hearing with the Board of Directors. Response: As shown on the enclosed floor plans, the applicant has designed the proposed units to comply with the Housing Guidelines. If the Housing Authority determines that any modifications to the design are necessary for the units to better comply with the Guidelines, these will be accomplished prior to submission for a building permit. d. Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City of Aspen city limits. Units outside the City limits maybe accepted as mitigation by the City Council, pursuant to 26.470.040. D.2. Provision of affordable housing through acash-in-lieu payment shall be at the discretion of the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. Required affordable housing maybe provided through a mix of these methods. Response: The proposed affordable housing mitigation comes in the form of on-site units that are being converted (that is "bought down") from tourist cabins. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 16 e. The proposed units shall be deed restricted as "for sale" units and transferred to qualified purchasers according to the AspeNPitkin County Housing Authority Guidelines. In the alternative, rental units maybe provided if a legal instrument, in a form acceptable to the City Attorney, ensures permanent affordability of the units. Response: The applicant would propose that the units remain as rental units, so that they can be used to house actual employees of the Community Center. Prior to the conclusion of the review of this project by the City Council, the applicant's representatives will meet with the City Attorney to determine the appropriate form of legal instrument that will be used to ensure the permanent affordability of the units. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 17 VI. SUBDIVISION REVIEW The definition of the term "subdivision" in the Land Use Code includes the use of land for multiple dwelling units. The definition of the "multi-family dwelling" states that "The term multi-family dwelling also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more detached dwelling units where permitted by the zone district". Since the applicant intends to convert three of the existing cabins to affordable housing, this development technically qualifies as a subdivision (even though no subdivision of land or creation of separate interests is planned). Since no subdivision of land is planned, the applicant has not included a formal "subdivision plat" with this submission. A plat will be prepared for review by City staff following approval of this application by the City Council. The applicant's responses to the standards for subdivision review contained in Section 26.480.050 of the Land Use Code are as follows: A. General Requirements. The proposed subdivision shall be consistent with the Aspen Area Community Plan. Response: Please see the response to this standard in response C of Section I II of this application, Growth Management Review for Essential Public Facility. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. Response: The proposed affordable housing units are surrounded by a mix of other uses, including single-family, duplex, and multi-family housing, lodging units, retail and office uses. These affordable housing units should compliment and be consistent with these other uses. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Response: The conversion of these three cabins into affordable housing units will not adversely affect the future development of this neighborhood. 4. The proposed subdivision shall be in compliance with all applicable requirements of this title. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 18 Response: The subdivision will comply with all applicable requirements of Title 26 of the Aspen Land Use Code. B. Suitability of Land For Subdivision. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety or welfare of the residents in the proposed subdivision. Response: No such hazardous or harmful conditions apply to or limit the development this property. 2. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Response: Not only will this proposal not cause the need for any extension of services, it will actually result in a more efficient use of existing infrastructure. This is accomplished by locating new housing in the Aspen Infill Area, where necessary facilities and services are already in place and where the City wants such development to occur. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards maybe varied by special review (see Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Response: The applicant has worked closely with members of the City Engineering Department and City Parks Department while preparing this application. To the best of the applicant's knowledge, no variances from the City's adopted improvements standards will be required for this project. D. A subdivision which is comprised of replacement units shall be required to provide affordable housing in compliance with the requirements of Chapter Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 19 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Response: This subdivision contains 100% affordable housing units. E. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Response: The applicant will comply with the requirements of this Section, if so required by the City and the School District. The applicant would point out that this project is a not-for-profit development, will provide needed day care services for the Aspen community, and also includes a religious school. However, if the City and School District decide to apply these standards to the development of the affordable housing units, then the applicant anticipates paying an in-lieu fee, as this is not a logical location in which to dedicate land to the School District. F. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Response: Requests for growth management review for the affordable housing units and for an essential community facility are included in this application. VII. VESTED RIGHTS Pursuant to Section 26.52.080 of the Aspen Municipal Code, the applicant hereby requests that this development be granted vested rights status. VIII. CONCLUSION In summary, the applicant has submitted all of the materials requested during the pre- application conference, has responded to the applicable standards of the Aspen Land Use Code and has demonstrated the compliance of the proposed development with said standards. Should any reviewing agency request additional information, or need for us to clarify any of the statements made herein, the applicant will respond in a timely manner. Please feel free to contact the applicant or his representative as necessary. Aspen Jewish Community Center: Growth Management Review/Parking Special Review Page 20 CITY OF ASPEN ~~ ~ ~~ : la. CITY OP ASPEN E~MPT FROM HRETT EXHIBIT #1 g~N[PT FROM WRBTT QATE REP NO. _ ~T~ RE~ ~86j ~r~le~vv i,~' K~6j ~{: ~~I- y Recor ing requested by: The Jewish Resource Center Chabad of Aspen When recorded, mail to: The Jewish Resource Center Chabad of Aspen c/o Menachem Mintz 104 Robinson Road Aspen, Colorado 81611 G~ERAL WARRANTX DEED ALH HOLDING COMPANY-GUNNISON ("Grantor"), with an address of 435 East Main Street, Aspen, Colorado 81611, for Ten Dollars and no/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby bargains, sells and conveys to THE JEWISH RESOURCE CENTER CHABAD OF ASPEN, whose address is c/o Menachem Mintz, 104 Robinson Road, Aspen, Colorado 81611, the real property situated in Pitkin County, Colorado. described as follows: CABIN UNITS 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 AND 29, L'AUBERGE D'ASPEN CONDOMINIUMS, according to the Plat thereof recorded March 21,2000 in Plat Book 52 at Page 81 and as defined and described in the Amended and Restated Declaration of Conditions, Covenants and Restrictions for L'Auberge D'Aspen recorded June 15, 2001 as Reception No. 455538 '1 together with all its appurtenances and WARRANTS the title against J all persons, subject to those items set forth on Exhibit A attached ~.~ ~ hereto and incorporated herein by this reference. ~~ Dated: April ~G~ 2004 GRANTOR: cv ALH HOLDI G COMPANY- ISON, a ~ Col d c ors By: Mic el D. is field, as attorney in fact for p~eai~crrt- I3G/~ ,56/.~y ci»~, -G;,,4-,~s•~l STATE OF C(~~OfCrG~a ) ss. COUNTY OF~_ ) The foregoing instrument was acknowledged before me~April ~, 2004 by Michael D. HaiffiALH~Holding oCgQanynGunnison r a Colo-rado corporation. My commission expires I~ ~ 6 1 Witness my hand and official sea !3. Notary Public 2805\2GWD.02 ~~`: ~ -~':' /' ~>. ~, I illlll 11111 111111 1111 llil 111111 llitll) 111 11111 1111 1111 496576 i~~I/a~ Page 1 of 2 • l i . ~ . 'S~ I II'lll I'lll IIIIII IIII IIII IIIIII IIIIIII III VIII IIII IIII 04~/ 16/2004 t 1 :34 :~ +: SILVIR Di1VI5 PITKIN COUNTY CO R 11.00 D 508.36 e ~ i e O i o.!{ ~ ~, 0;8~~G~~° o~ ~oyfl. 496576 TRANSFER DECLARATION RECEIYED @4/16/2004 EXHIBIT A TO GENERAL WARRANTY DEED Reservat-ons and except-ons as set forth in the Deed from the C-ty of Aspen recorded in Book 59 at Pages 273, 316, 530 and Page 536 and in Book 79 at Page 6i, prov-ding as foilows~ 'That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or tb any valid mining claim or possession held under ex-st-ng laws" Easements, rights of way and all matters as d-sciosed on Plat of Perkins Subdivision recorded August 14, 1980 -n Piat Book 10 at Page 25 and Condomin-um Plat of L'Auberge D' Aspen recorded Man:h 21, 2000 -n Plat Book 52 at Page 81, Terms, conditions, obligations and provls-ons of Statement of Exemption from the Defin-t-on of Subdivision far Perkins Subdivision as set forth in Instrument recorded Juty 11, 1980 in Book 391 at Page 574 Terms, conditions, obligations and provisions of Subdivision Agreement as set forth in instrument recorded August 14, 1980 in Book 393 at Page 49 Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Comm-ssioners recorded June 10, 1998 as Reception No. 393526 as Resolution No 95-50 Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 29, Senas of 1995 by Aspen City Council recorded July 24, 1995 to Book 788 at Page 43. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declarat-on for L'Auberge D' Aspen recorded June 15, deleting therefrom any restrictions indicating preference, limitation or d s~nm nateon based on~ace,3Solor, rei-gion, sex, handicap, familial status or national origin 4~fi576 Page: 2 of 2 SILVIq DpVIS PITKIN COUNTY CO R 11.00 4~16p2506.36~34A 1a3. ~~ CITY OF ASPEN GTY OF ASPEN B7CEMPT FROM WRBTT EXEMPT FROM FiHE1T DATE REP ~ NO . ~ 8( S ~~ REP J, NO. y~6~ Record~ng requested by: ~~IG~`Y C The Jewish Resource Center Chabad of Aspen When recorded, mail to: The Jewish Resource Center Chabad of Aspen c/o Menachem Mintz 104 Robinson Road Aspen, Colorado 81611 GENERAL WARRANTY DEED 'O AUDREY LEA HAISFIELD ("Grantor"), with an address of 3204 Midway Pike, Versailles, KY, for Ten Dollars and no/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby bargains, sells and conveys to THE JEWISH RESOURCE CENTER CHABAD OF ASPEN, whose address is c/o Menachem Mintz, 104 Robinson Road, Aspen, Colorado 81611, the real property situated in Pitkin County, Colorado described as follows: HOUSE UNIT A, L'AUBERGE D'ASPEN CONDOMINIUMS, according to the Plat thereof recorded March 21,2000 in Plat Book 52 at Page 81 and as defined and described in the Amended and Restated Declaration of Conditions, Covenants and Restrictions for L'Auberge D'Aspen recorded June 15, 2001 as Reception No. 455538 together with all its appurtenances and WARRANTS the title against all persons, subject to those items set forth on Exhibit A attached hereto and incorporated herein by this reference. Dated: April ~, 2004 G Michael D. aisfield, as attorney in fact for Audrey Lea Haisfield The foregoing instrument was acknowledged before me April ~~~ 2004 by Michael D. Haisfield, as attorney in fact for Audrey Lea Haisfield. My commission expires ~ ~ Witness my hand and official se Notary Public 2805\2GWD.02 STATE OF ~' O ~oruc~Co ) 1 ) ss. COUNTY OF ~ ~ 1 k` r~ .) ~';~: ' k ~ ;e3~ i, Iriy Ci,:~::.. ~...: iay„b;i ~ii03r6:7 496577 TRANSFER DECLRRATIDN RECEIVED 04116/2@04 Page 1 of 2 IIIIIIIIIIIIIIIIII IIII IIII IIIIIIIIIIIII III III~III~IIIII 0 9650ei i1:3sa 51lVIR DRVIS PlTKIN COlR1TY CO R 11.00 D 123.07 EXHIBIT A TO GENERAL WARRANTY DEED Reservat-ons and except-ons as set forth -n the Deed from the C-ty of Aspen recorded in Book 59 at Pages 273, 316, 530 and Page 536 and in Book 79 at Page 61, providing as follows• 'That no title shat! be hereby acquired to any mine of gold, silver, cinnabar or copier or tb any val-d mining clam or possession held under exlst-ng laws" Easements, nghts of way and all matters as disclosed on Plat of Perkins Subdivision recorded August 14, 1980 -n Plat Book 10 at Page 25 and Condominrum Plat of L'Auberge D' Aspen recorded March 21, 2000 rn Plat Book 52 at Page 8i. Terms, conditions, obligations and provis-ans of Statement of Exemption from the Defirnt-on of Subdivision for Perkins Subdivision as set forth in Instrument recorded July 11, 1980 in Book 391 at Page 574 Terms, conditions, obligations and provisions of Subdivision Agreement as set forth in instrument recorded August 14, 1980 in Book 393 at Page 49 Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Comm-ssioners recorded June 10, 1996 as Reception No. 393526 as Resolution No 95-50 Terms, conditions, provisions, obligations and ail matters as set forth in Ordinance Na. 29, Series of 1995 by Aspen City Counc-1 recorded July 24, 1995 in Book 788 at Page 43. Terms, conditions, provisions, obligations, easements, restnchons and assessments as set forth in the Condomin-um Declaration for L'Auberge D' Aspen recorded June 15, 2001 as Reception No. 455538, deleting therefrom any restrict-ons -ndicating preference, limitation or d-scnmination based on race, color, relig-on; sex, hand-cap, fam-Ilai status or national origin _ _ ___ 4gC 577 11 .00 4916 /D20 23 67.35A SILVIR DF1VI5 PITKIN COUNTY CO R EXHIBIT #2 Mr. James Lindt, Senior Planner Ms. Amy Guthrie, Historic Preservation Officer Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: APPLICATION FOR ASPEN JEWISH COMMUNITY CENTER Dear Mr. Lindt, I hereby authorize Alan Richman Planning Services and Arthur Chabon Architects to act as our designated representatives with respect to the land use applications being submitted to your office to develop a Jewish Community Center in Aspen. The site of the proposal is the L'Auberge property, located at 435 West Main Street. Mr. Richman and Mr. Chabon are authorized to submit applications for Historic Preservation Committee, Planning and Zoning Commission, and City Council review of the proposed development. They are also authorized to represent us in meetings with City of Aspen staff and the City's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land development application. Sincerely, Rabbi Mendel intz Jewish Resource Cente of Aspen 104 Robinson Road Aspen, Colorado 81611 970-544-3770 EXHIBIT #3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 429-2763 PROJECT: Community Center (L'Auberge Site) 435 W. Main StDeetTE: 2/1/06 REPRESENTATIVES: Alan Richman OWNER: Rabbi Mendel Mintz TYPE OF APPLICATION: Designation to the Inventory of Historic Landmark Sites and Structures, City Council Growth Management review for essential public facilities, Planning and Zoning Commission Growth Management review for affordable housing, Subdivision ,Special Review to Establish Parking Requirements for Civic, Cultural, public uses, essential public facilities, child care centers. DESCRIPTION: The Applicant would like to construct the development plan for the Jewish Community Center that is close to completing Conceptual HPC Review. The Applicant would further like to designate the property to the Aspen Inventory of Historic Sites and Structures. In conjunction with designation, Subdivision is also required since the development includes multi-family residential units (AH units), which by definition is a subdivision. As far as the Growth Management Quota System is concerned, the proposed development would require review as an essential public facility and for the development of affordable housing. Special review to establish the parking requirements for an essential public facility is required to determine the appropriate level of parking for the site. Staff would recommend that the Applicant provide a traffic study as part of the application. Staff would also recommend consolidating the separate land use reviews associated with this proposal so that City Council is the final review authority on all of the individual land use requests, with the exception of Significant HP Review. Land Use Code Section(s) to Address in Application: 26.304 Common Development Review Procedures 26.304.060(B)(1) Combined Reviews 26.415.030 Designation of Historic Properties 26.470.040(D)(3) City Council Growth Management Review for Construction of an Essential Public Facility 26.470.040(C)(7) Planning and Zoning Commission Growth Management Review for Affordable Housing 26.480 Subdivision 26.515 Off-Street Parking 26.515.040 Special Review to Establish Off-Street Parking Requirements for an Essential Public Facility 26.710.180 Mixed Use Zone District Review by: • Staff for completeness. • Development review committee (DRC) for technical considerations. • Housing Authority (possibly Housing Board) for employee housing referral. • Community Development Director for recommendation. • Historic Preservation Commission for recommendation on historic designation (should be completed as part of Conceptual HPC application). • Planning and Zoning Commission for Growth Management Review for Affordable Housing and recommendation to City Council on Subdivision, Special Review for Off-Street Parking Requirements, and GMQS review for Essential Public Facility. • City Council for final decision on Historic Designation, Special Review for Off-Street Parking Requirements, and GMQS review for Essential Public Facility, and Subdivision. • Historic Preservation Commission for Final HPC. Public Hearing: Planning and Zoning Commission, City Council (2°d Reading), and the Final Historic Preservation Commission Review. Public Hearings require notification to neighbors within 300 feet & posting on the property 1 S days prior to the hearing A completed, notarized affidavit showing compliance with public notification rs required to begin public hearin s. Referral Agencies: Engineering, Housing, Parks, Fire Marshall, Water, ACSD, Streets, Parking, Environmental Health, Building Referral Agency Fees: Engineering (Major: $376), Housing (Major: $376), Environmental Health (Major: $376) Total Planning Deposit Due: $2,700 for 12 hrs. of staff time (additional hours are billed at a rate of $225 per hour) Total Deposit: $3,828 (Applicant shall submit final HPC application separately). Total Number of Application: 30 Copies To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Signed fee agreement. 4. Completed Land Use Application. 5. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 7. An 8 '/2" by 11"vicinity map locating the parcel within the City of Aspen. 8. A site improvement survey performed by a licensed engineer. 9. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application. Please include and clearly indicate existing conditions as well as proposed. 10. Copies of prior approvals. 11. A written description of proposed construction techniques to be used. 12. Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed. 13. Floor plans, roof plan. 14. Elevation Drawings. 15. List of adjacent property owners within 300' for public hearing. 16. All other materials required pursuant to the specific submittal requirements. 17. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer• The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not, in any way, create a legal or vested right. EXHIBIT #4 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC} RECOMMENDING APPROVAL OF HISTORIC DESIGNATION, AND GRANTING APPROVAL FOR MAJOR DEVELOPMENT (CONCEPTUAL), RELOCATION, - DEMOLITION AND VARIANCES FOR THE PROPERTY LOCATED AT 435 W. MAIN STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION N0.31, SERIES OF 2005 PARCEL ID: 2735-124-81-00! WHEREAS, the applicant, Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services and Arthur Chabon, architect, has requested Historic Designation, Major Development (Conceptual), Relocation, Demolition, and Variances for the property located at 435 W. Main Street, Lots A-I, Block 38, City and Townsite of Aspen; and WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the process for Designation and states that an application for listing on the Aspen Inventory of Historic Landmark Sites and Structures shall be approved if HPC and City Council determine sufficient evidence exists that the property meets the criteria; and WHEREAS, Section 26.415.070 of the Municipal Cade states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Major Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.D.3.b.2 and 3 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Relocation of a Designated Property, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine, per Section 26.415.090.0 of the Municipal Code, that: 1. It is considered anon-contributing element of a historic district and its relocation will not affect the character of the historic district; or 2. It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the historic district or property; or 3. The owner has obtained a Certificate of Economic Hardship; or 4. The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building, structure or object and its move will not adversely affect the integrity of the historic district in which it was originally located or 517643 Page: i of 3 11/21/2005 10:4@ JANICE K VOS CfiUDIIL PITKIN COUNTY CO R 16.00 D 0,00 617643 ~! I~~11 I~ J ~jj P ~I~ 1~~ a 1 lllr ~ sZ Ill] of '~ff !I 3 .IaN ~~ Ic ~~ E ~I K ~~ vo 5 c f~~ Fk1D ~~ IL f 1 L PITKIN COUNTY CO I~ZI~2005 16:4Fi diminish the historic, architectural or aesthetic ]relationships of adjacent desi properties; and Bnated 1. It has been determined thatathe buildinct~ t~runc criteria must be met: the physical impacts of relocation; slid g' tore or object is capable of withstanding 2. An appropriate receiving site has been identified; and 3. An acceptable plan has been submitted providing for the safe relocation re ai preservation of the building, structure or object including the provision of the necessand financial security; and ' arY ~'~'~REAS, in order to authorize a demolition, according to Section 26.415.080 D designated historic properties, it must be demonstrated that the application meets emolition of following criteria: any one of the a. The property has been determined b and the owner/applicant is unable to make the needed repairs in a timeard to public safety y manner, b• The structure is not structurally sound despite evidence of the owner's eff properly maintain the structure, orts to c. The structure cannot practically be moved to another appropriate location in As en d. No documentation exists to support or demonstrate that the ro P P Ply has historic, architectural, archaeological, engineering or cultural significance, and ~ or a. The structure does not contribute to the significance] of tf1e criteria must be met: which it is located, and Parcel or historic district in b. The lass of the building, structure or object would not adversely affect the rote ri the historic district or its historic, architectural or aesthetic relationship to ad- tY of designated properties and ~acent c. Demolition of the structure will be inconsequential to the historic preservation need of the area; and s WHEREAS, for approval of setback variances, the HPC must review the a licati analysis report and the evidence presented at a hearing to determine, per Section 26.415n' a staff the Municipal Code, that the variance: I I O.C of a. Is similar to the pattern, features and character of the historic property or district• and/ b• Enhances or mitigates an adverse impact to the historic significance or arehitectu of the historic roe ' P p rty, an adjoining designated historic property or historic district; ~acharacter WHEREAS, for approval of parking reductions, HPC must review the a licati analysis report and the evidence presented at a hearing to determine PP °ri, a staff the Municipal Code, that: ,per Section 26.415.1 I O.C of 1. The parking reduction and waiver of a the HPC that it will enhance or mitigatemann adverse impact onethe hi t ~cpon a finding by stgmficance or architectural character of a designated historic property, an adjoining designated property or a historic district; and WHEREAS, Amy Guthrie, in her staff report dated August 10, 2005, performed an analysis of the application based on the standards, found that the review standards have been met, and recommended approval; and WHEREAS, at their regular meeting on August 10, 2005, the Historic Preservation Commission considered the application, found the application was consistent with the review standards and approved the application by a vote of S to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby recommends Council approval of Historic Designation for 43S W. Main Street and approves Major Development (Conceptual), Relocation, Demolition, and Variances with the following conditions: 1. Relocation of 3 historic cabins is part and pazcel to this plan, and relocation of the cabins indicated on the site plan will meet the standard of being the best preservation solution. Final resolution of this matter is delayed until a satisfactory receiver site is identified. The method to relocate the buildings will be evaluated by HPC. 2. HPC has evaluated all surface parking schemes raised and all will have negative consequences except the one proposed. Also, the other designs do not meet the Design Guidelines. The board is prepared to approve a parking waiver at Final review, once City Council determines the number of on-site spaces that would have been required. 3. HPC hereby grants the required setback variances for the historic cabins. HPC will be asked to approve setback variances for the new building at Final review. 4. An application for final review shall be submitted for review and approval by the HPC within one year of August I0, 2005 or the Conceptual approval shall be considered null and void per Section 26.415.070.D.3.c.3 of the Municipal Code. APPROVED BY THE COMMISSION at its regular meeting on the 10th day of August, 2005. Ap rove s to Form• David Hoefer, Assista City Attorney content: ~',SERVATION COMMISSION Jeffrlw ~ialferty, Chair A Chief Deputy O~IW~I~IIN~XW~I~IYIMEIIP 5' 6m3'.:.c r` EXHIBIT #5 OAHP1403 Rev. 9198 COLORADO CULTURAL RESOURCE SURVEY Architectural Inventory Form (page 1 of 4) Official eligibility determination (OAHP use only) Date initials Determined Eligible- NR _, Determined Not Eligible- NR Determined Eligible- SR Deternined Not Eligible- SR Need Data ____ Contributes to eligible NR District Noncontributing to eligible NR District I. IDENTIFICATION 1. Resource number: 5PT.565 2. Temporary resource number: 435.WMA 3. County: Pitkin 4' Clty' As en 5. Historic building name: _ Year: 1960 Photo Rev. 1987 Map scale: 7.5' X 15' Attach photo copy of appropriate map section. 12. Lot(s): _ A through I Block: 38 Addition: Perkins Year of Addition: 13. Boundary Description and Justification: Site is com rised of Lots A throw h I Perkins• Block 38 of the C~ of Asnen Qseccenr~ ,.~:,... ~____ , .. 6. Current building name: L'Auber a D'As en 7. Building address: 435 West Main Street As en Colorado 81611 8. Owner name and address: ALH Holdin Com an 435 West Main Street As en Colorado 81611 II. Geographic Information 9. P.M. 6 Township 10 South Range 84 West SE 1/4 of NE 1/a of SW I/s of SE 1/a of Section 7 10. UTM reference Zone 1 3 3 4 2 2 7 0 mE 4 3 3 g 5 11. USGS quad name: Asoen Quadrangle 0 0 mN g x Width 16. Number of stories: One Storv III. Architectural Description 14. Building plan (footprint, shape): Rectan ular 15. Dimensions in feet• Len th 17. Primary external wall material(s) (enter no more than two): Wood Vertical Sidin 18. Roof configuration: (enter no more than one): Gable Roof 19. Primary external roof material (enter no more than one): Wood Shingle Roof 20. Special features (enter all that apply): Resource Number: 5PT.565 Temporary Resource Number: 435.WMA Architectural Inventory Form (page 2 of 2) 21. General architectural description: A series of small gable cottages aligned across the back of the site. Each cottage is a side gable structure oriented with the ridge running north/ south. The window o enings are horizontally proportioned sliding units with multiple panes of glass. The window pattern is enerall identical on each structure. A stone chimne is a lied to the exterior of the structure ty ically adjacent to the entry door the roof slope extends slightly to cover t_he entry Windows have decorative shutters New structures are similar in plan and have vertical and decorative siding. 22. Architectural style/building type: Late 19`" and Early 20w Century American Movements• Rustic 23. Landscaping or special setting features: Structures occupy the north half of an entire block along Main Street. 24. Associated buildings, features, or objects: A series of new cottages runs along the front of the site, and a mana er's house sits on the west end of the site. Mang er's house is 1959 and new cabins are 1997. IV. Architectural History 25. Date of Construction: Estimate 1940's- 50's Actual Source of information: Based on buildin s le 26. Architect: Unknown Source of information: 27. Builder/Contractor: Unknown Source of information: 28. Original owner: Unknown Source of information: 29. Construction history (include description and dates of major additions, alterations, or demolitions): Manager's residence is 1959 New cabins are 1997 Some remodeling of the cabins took place in the 1980's. 30. Original location X Moved Date of move(s): V. Historical Associations 31. Original use(s): Domestic• Hotel 32. Intermediate use(s): 33. Current use(s): Domestic• Hotel 34: Site type(s): Mixed Commercial and Residential Nei hborhood Main Street 35. Historical background: These struc+~~rp~ ara Hart of the broad pattern of small lodge develoom~ h r ring the mid 20`" century Small lodoes were the basis for the guest mmodations in the early years Clientele returned to the same lodge from year to year anc! oft n with the same arouR of oth r families Over the years this dynamic rrPatPd a stable population base which oarticioat?d in the Resource Number: 5PT.565 Temporary Resource Number: 435.WMA Architectural Inventory Form (page 3 of 3) 36. Sources of information: Aspen's Architectural Cont xt Post N1WI1 Hart of th 2000 Survev of Histnrir Q.*o~ ~.,a c._.._...___ VI. Significance 37. Local landmark designation: Yes No X Date of designation: Designating authority: 38. Applicable National Register Criteria: A. Associated with events that have made a significant contribution to the broad pattern of our history; B. Associated with the lives of persons significant in our past; X C. Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or that possess high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory. Qualifies under Criteria Considerations A through G (see Manual) Does not meet any of the above National Register criteria 39. Area(s) of significance: Archite t r 40. Period of significance: ~Llllid 1900'. Skiino DeyelonmPnt 41. Level of significance: National State Local X 42. Statement of significance: This structure is si nificant for its osition in the eriod of As en's .~o"o~ ............ ._~_~_ ~ . .. was associated with the mountain terrain and was the chosen s le for man of the small lod' es!~ " 1e 43. Assessment of historic physical integrity related to significance: Structures are intact in on final conditior for the most Hart IVnu~n. ,.,......_.._.:__ ,_ _ .. VII. National Register Eligibility Assessment 44. National Register eligibility field assessment: Eligible Not Eligible X Need Data 45. Is there National Register district potential? Yes _ No X Discuss: If there is National Register district potential, is this building: Contributing _____ Noncontributing 46. If the building is in existing National Register district, is it: Contributing Noncontributin 9 VIII. Recording Information 47. Photograph numbers: R16: F11. 12 13 Negatives filed at: Asoen/Pitkin Community Develooment Deot 48. Report title: City of Asnen ~ tn.i~rn „f c.,...,... _~ ~ .,_. _._ Resource Number: 5PT.565 Temporary Resource Number: 435.WMA Architectural Inventory Form (page 4 of 4) 49. Date(s): 6/29/2000 50. Recorder(s):. Suzannah Reid and Patrick Duffield 51. Organization: Reid Architects 52. Address: 412 North .Mill Street PO Box 1303 As en CO 81612 53. Phone number(s): 970 920 9225 NOTE: Please attach a sketch map, a photocopy of the USGS quad. map indicating resource location, and photographs. Colorado Historical Society -Office of Archaeology & Historic Preservation 1300 Broadway, Denver, CO 80203 (303) 866-3395 ,• __ ~ . ,~ - - . .. ,, :, . EXHIBIT #6 .38073 B-779 P-~3E, 04/~4/~35 1@; 15A F'G i SILVTA TIAVIS PITKIN CClU1VTY CLERK ~ RECOODER REC BCC 45. 00 1T LATINO PRO'I'ECTIVB ~~NTa THIS AGREEMENT is made as of the /~ 1995, by and between Stephen R. Goldenberg anddCheryl J~denberg (collectively, "Goldenber , Colorado c:orpor-ation ( ~~~xg) } and ALH Holding\Gunnison Inc. a RECITALS: A- Goldenberg ie the owner of that certain real property described as Unit 2, 430 W. Hopkins Condominiums, according to the plat thereof recorded in Plat Book 7, Pa a 35 recorded in Plat Book 8 Page 2, and the CondominiumeDeclabatpons therefor recorded in Book 359 at page 526 and amended in Book 361 page 390 and further amended in Book 370 Page 173 of the records of Pitkizi County, Colorado, (hereafter, the "Goldenberg Property"}. B• ALH is the owner of that certain real property described in Exhibit B attached hereto (the "Property"} which presently is used for the operation of ~ehort term lodging facility called L'Auberge. C- ALH desires to expand the L'Auberge facility through the addition of a number of new lodging unite, as generally depicted on the site plan attached hereto as Exhibit C (the "Site Plan") and incorporated herein by this reference. U- Goldenberg, as the owner of the Goldenberg Property which is adjacent to the L'Auberge Property, is willing to consent to the proposed expansion of L'Auberge by ALH and refrain from objecting to such expansion during the land use approval process, provided that ALH grant the protective covenants and other rights and restrictions as described herein. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and obligations set forth herein, the receipt, adequacy and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree ae follows: 1- Grant of Protective C_ovenant.s. ALH hereb establishes for the benefit of Goldenberg, their successors,t heirs and assigns, the following protective covenants which shall burden the Property and limit certain development and use thereof according to the following provisions of this Agreement. 2. Develobment Restrictions. a• Cabin 22, as depicted on the Site Flan shall not be built and will be eliminated from the proposed development plan for the Property. The Property shall contain no more than twent cabins, shown ae Cabins 1-21 on the Site Plan plus the manager's residence. Y-one There will be no development or parking in the area designated as "Reserved Open Space" shown on the Site Plan which begins approximately twenty (20} feet southerly of the existing :~8~73~ P-779 F~-x:.37 ~4i`4i9~ 1+Z-:1SA Fir ~ OF 9 manager's residence and tuna to the southerly lot line of the Property. b. Cabin 21, as shown on the Site Plan, will be set back 10 feet from the southerly lot line of the Property.. Cabin 21 will be limited to one story in height above natural, px•e- construction grade (not to exceed 19 feet to the ridge line}. There will be no development or parking in the area aouther].y of Cabin 21 running to the southerly lot line of the Property. ~. Tilac Bushes. ALH shall not commit or suffer removal of more .than twenty-five (25°s} of the lilac bushes existing on the alley oIa the date hereof. ALH shall replace any lilac bushes which die from any cause, within six months after written notice has first been given to the owner or manager of the Property. d. Doors. Guests who reside in cabins or any other lodge or dwelling units, for lees than twenty one (21) consecutive days will be prohibited from having dogs on the Property. e. Trash. The trash pick up area for the Property will be limited to the south-easterly boundary of the Property. Trash shall not be stored in bags or other containers on any other portion of the Property along the alley. 3. Escrow for Alley Pavir_a. a. ALH shall pave the alley south of the Property. Prior to the issuance of a building permit to construct any new cabin(s), ALH will deposit $10,000.00 (the "Escrow Funds") witYl an escrow agent ("Escrow Agent"} selected by mutual agreement of the parties. Escrow Agent shall disburse the Escrow Funds to ALH provided that the alley paving is completed {as defined hereinafter) prior to the issuance of a certificate of occupancy for any of the new improvements to the Property as depicted on the Site Plan. The paving shall be undertaken in accordance with the minimum specifications {the "Specifications") set forth on Exhibit A attached hereto and incorporated herein by this reference. Notwithstanding the foregoing, if the Specifications are inconsistent with design, engineering or material specifications of the City of Aspen at the time the paving is to be done, the City's specifications shall be followed. Goldenberg shall have the right to challenge the implementation of the City's specifications in the ~VCIlt they believe the City's specifications will result: iII an inability to pave the alley. b. After paving the alley, ALH shall provide Goldenberg and the Escrow Agent with a Certificate of Completion from an architect or engineer approved by Goldenberg. Goldenberg hereby approves of the architectural firm of Gibson Reno for this purpose. In the event that Goldenberg makes no written objection to the -2- ::,F3O7 '.c P-774 ~'-r`'38 ~4 / 04 /95 1 ~ : 1 aR ~'G 3 OF 4 Certificate of Completion or the completed statue of the alley paving within ten (10) days following receipt of the Certification of Completion, the alley paving shall be deemed "completed." (1) ALH shall be responsible for the repair of any damage to the existing or future paved portions of the alley which damage is caused by any construction activity on the Property r.P1 atPC~ to ronc~truction of improvements contemp] aced by the Si t'e Plan. Any monies required to satisfy this obligation shall be funded by ALH from sources other than the Escrow Funds. In order to verify whether or not any such damage has resulted from construction activity, ALH shall, at its expense, have an inspection of the alley undertaken by a licensed civil engineer after a building permit for the construction of improvements on the Property has been issued but prior to the commencement of any such construction. After a certificate of occupancy has been issued for the work covered by the permit a similar inspection (the "C.O. Inspection") shall be again conducted to determine if any damage has occurred to the pavement of the alley. It shall be a rebuttable presumptian that any such damage was the result of such construction. The foregoing procedure shall be followed for all construction on the Property, whether it proceeds in one phase or several phases. All remedial work shall be conducted by ALH within 210 days of the date of the C.O. Inspection. c. In the event that Goldenberg objects, in a writing delivered to the Escrow Agent and ALH, to the Certificate of Completion or the completed status of the alley paving or the satisfactory remediation of damages to the alley, or if ALH objects to the determination of its responsibility for damages to the alley, the parties shall submit these questions to a licensed civil engineer mutually selected by the parties. If the parties cannot agree on the engineer then the attorneys for the parties shall each select an engineer and those engineers shall select a third engineer whose decision shall be binding on this issue. The alley paving shall not be deemed completed until written notice approving of such completion shall have been delivered to Escrow Agent by Goldeiibery or by the selected engineer. d. In the event that the alley paving is not completed within 210 days of the issuance of a certificate of occupancy for any of the new improvements to the Property as depicted on the Site Plan, Goldenberg may elect to undertake to have the alley paved, and the espenees incurred thereby as submitted to Escrow Agent by Gvldetiberg shall be paid by Escrow Ayetit out of the Escrow Funds, to the extent such Escrow Funds are available. Any costs of alley paving incurred in excess of the amount of Escrow Funds shall be paid by Goldenberg. In the event that the actual cost of paving the alley is less than the amount of Escrow Funds, Goldenberg shall notify Escrow Agent of such fact in writing and after all expenses incurred in connection with the alley paving have been paid (as stated in a written notice to Escrow Agent from Goldenberg} Escrow -3- ?o: ~i~JiuN nnU~'~H~~ ?,8Qt73~ R-779 F'--~-.s9 ti~4/C4/95 1~:15A PCB 4 OF 9 remaining Escrow Funds to ALH. Agent shall disburse any e. Interest on Escrow Funds shall be deemed additional Escrow Funds. ,, ., with the Land an T These protective 4. Burd is to R covenants shall rP oflandta benefit torthe GoldenbeorgePropeY'aY,hand bF an appurtenanc.. until terminated. This shall remain a burden on the Property Agreement shall only be enforceabas describedlin the Site 1Planhor the development of the property any development generally coneiotent therewith has been approved by the City of Aspen and a final plat for such development has been filed. Unless sooner termina~hdg1Agreementnsha7l tt rminatehat provisions of this Agreement, such time that neither Goldenberg nor Renee Marcus (a cUnitstin tthe of a unit in the 430 W. Hopkins Condominiums} own any 430 W. Hopkins 3na not cle of termination of this Agreement within execute and recor nor Renee Marcus own any thirty (30} days after neither Goldenberg an affidavit of an Units in the 430 W. Hopkins Condomilo ated in Aspen, Colorado officer of a title insuranc Cri ~ Pa review of the public records, which affirms that, based up Unite in the 430 W. neither Goldenberg nor Renee Marcus own any Hopkins Condomi Conde of pitkin Co nty,l Coloradonto term Hate this real property re Agreement. 5 r„~„r~PmPn In the event of a violation of the tea~~ of this Agreement by ALH, Goldenberg shall be entitled to, as p an judgment or other relief granted by a court, liquidated damages Y in the amount of $100.00 per violation re teen lofB su h alaciuidated for a violation of Section 2c, the g damages or Goldenberg's actual damages in the amount of the coats of replacement of such lilac bushes, from the foregoing, with attorney fees and costs. Notwithstandinag able unless the trash respect to 2 d, such damages shall not be p y has noL been removed from the °f fiven to the managers or ownereof (18 } hours prior Ins addi1t on een g the Property. Goldenberg shall be PntitlPd to injunctive and othand AL~Habherebyl waivesnfarlye requirement nthat this agreement, Goldenberg poet a bond or other security in connection with euc relief. No waiver of any term or right of Goldenberg shall be ciecmed to have occurred unleeb said waiver is duly executed ixi writing. 6 , Condition of Axsproval . a. In addition to the protective covenantseimitted by recording thispAgreement, ALH shall also ovisioieb of Section 2 on the City of Ae~ en, a reference to the p -4- io: GiJ~u~~ nn~rhlnh .5~~7.:r B-7"l4 F'-~'4~ ~4/E4/9r I~:15A F'c ; 0~ '7 any final plat encumbering the property which increases the number or size of unite on the Property from that presently in existence. The form of restrictions contained on the final plat shall be consistent with this Agreement. b. It is the intent of the parties hereto that, in addition to the causes of termination of this Agreement set forth in paragraph 4 above, this Agreement shall he terminated in the event that ALH is unsuccessful, after two independent and diligent GMQS applications, in obtaining approval for its proposed expansion of L'Auberge for additional lodging or residential unite or any modified proposal therefore, which ie generally consistent with tha Bite Plan. After the second such proposal is denied by the City of Aspen and after all applicable periods of appeal have expired without a successful challenge to such denials by ALH, Goldenberg shall, within a reasonable time following request therefor from ALH, execute and deliver to ALH a written termination of this Agreement. In the event ALH obtains an approval for a development generally consistent with the Site Plan but such approval expires due to ALH's failure to build the project (the "Expired Approval"), the terms of this Agreement shall apply to any subsequent development of the Property generally consistent with the Site Planar if the Expired Approval had not occurred. 7. Miscellaneous. a. The parties hereto hereby agree that each of them will take whatever actions are reasonably necessary or desirable from time to time to effectuate the provisions or intent of this Agreement, and to that end, the parties hereto hereby agree to execute, acknowledge, and deliver any further instruments or documents which may be necessary to give force and effect to this Agreement or any of the provisions hereof, or to carry out the intent of this Agreement or any of the provisions hereof. b. This Agreement may be executed in any number of counterparts, each of which shall be effective upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same affect as if ali parties hereto had signed the Bame signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it orle or more additional signature pages. This Agreement may be executed in facsimile counterparts and each party agrees to promptly deliver to the other party an original of the executed counterpart. In the event either party fails to deliver such original to the other party within thirty (30) days of request therefore, the other party, without a waiver of its rights to compel delivery of an original of this Agreement, may record the facsimile copy of the executed Agreement and such copy shall be -5- 38it~7:~,2 B-77y ~'-x;41 k~41~=4/95 1V~; 1~A F'6 E QF 9 deemed an original for all purposes. c. The law applicable to this Agreement and its interpretation shall be that of the State of Colorado !regardless of Colorado`s choice of law provisions} and any litigation arising cut of or concerning this Agreement shall be commenced and maintained in Pitkin County, Colorado, and the parties hereby submit. to the personal jurisdiction of Colorado in connection therewith. d_ This Agreemegnt may exe uteddbflea h of the parties by an instrument in wiitin duly Y hereto. P. Any notices to be given hereunder by one party to the others may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mail notices shall be addressed to the parties at the addresses appearing in the signature section of this Agreement, but Each party may change its address by written notice in accordance with this paragraph. Any notice sent by telecopier or similar facsimile device shall also be mailed. Notices delivered personally shall be deemed given upon actual receipt; mailed notices shall be deemed given as of three (3? days after mailing. f. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way ba affected, impaired, or invalidated. g. In the event of any litigation or arbitration arising in whole or in part out of this Agreement, the prevailing party in such litigation or arbitration shall be entitled to reasonable attorney fees, court costs, arbitration costa, and necessary disbursements in addition to any other relief to which such party may be entitled. h. Thig Agreement. shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs distributees, executors, administrators, successors, assigns, and personal representatives, and all persons who acquire an interest in the Property or any part thereof. It ie intended that laic right Cv cliforcc the protective covenants as granted herein ails any other interest created under this Agreement vest immediately. 7f any fiit-.urP int'ereAt.a in land are.created, thoRe interPat.A aha71 vest, if at a11, within the lives of the individuals who have executed this document, plus 20 years. IN WITNESS WHEREOF, the parties hereto have executed this Agreement ae of the date and year first above written. -6- F `~4•-: 04 /~=1+/95 11~ : 1 SA F'G 7 C?F 9 GRANTOR : G ~ E : ALH HOLDING\GUNNISON INC., ~• '~ ::, c~.. ~ L ~~- L 2- a Colorado corporation n EN OLD BE G Audrey a Haisfi d, '~ 1~ _' HERY GOLDENBER Preside t • STAT ., COLORADO ) r~ ) s s . ~~EUNTY "O K I N ) ~ ~. *e ~~ ~ ~ - T h~rf• oing day bP' a._ 199 instrument was acknowledged before me this , 5, by Audrey Lea Haisfield, as President, of HOf,I~$~ ~ ~ ON ALH , INC., a Colorado corporation, on behalf of said corpgr~, ~• r.. W~' s my hand and official seal. My commission expires: Gj . V~J ~ ~~1 Notary Public STATE OF COLORADO ) COUNTY OF PITKIN ss. ) The foregoing day of April 1995 .instrument was acknowledged before me this b STEPH ~~ ~~` , , GOLDENBERG. y EN R. GOLDENBERG and CHERYL J. Witness my han d and official seal. My commission: expires: ~'~a-~. !Y tC K~~ ~ } ~, `-- Notary Publi - 7 - ,;~tZi7;.?~ 8-779 ~'-~43 ~r+/~419~ lk'1:1Jfa ~'G 8 OF 9 E XF3.TB TT A to AGREEMENT CREATING PROTECTIVE COVENANTS ~... tn..~ n~ r.+v.~' ~T,r,~y BL-OC~K .38. City of Aspen Engineering DeP~enti Recommetlded Specifications and Rrocedures shall 6e followed in the repaving. These include: 1, Repaving shall occur only between April 1S and November 1. ?, Asphalt paving shaIl be min. 2" thick (max- 3"), and shall he placed by an exgcrienced paving crew, ;, Sub-grade conditions shall be 6" compacted road base gravel, or as approved by CitS~ Engineering Street Department Supervisor, Sack Reid. 4, Prior to paving, Ciry Engineering and Sueets Department official shall inspect the substate conditions, and give approval to proceed with paving. a, Smoothing or blading or reading shall be done if required by the City Official (s) prior to paving. 5, Average width of finished paving shall be lb', as recommended by the Aspen Conmuniry Plan, and shall canfortn to existing monuments, utility pedestals, and existing edge of pavin~oravel areas. 6. Paving shall meet the roadway at 3rd and 4th Streets as approved by City Official(s). ~_ Drainage of the finished surface of the alley shall be as at present, unless otherwise direct„d by City Official(s). Ob;et<~e all other applicable City of Aspen and Buil.dang Code Regulations. 3607?:-' R-779 P-c44 ~~t/24i 9~ f ~: 1 ~A F'G 9 GF 9 87CHIBIT B to Agreement Creating Protective Covenants LOTS A,B,C,D,E,F,6, H AND I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITRIN COUNTY, COLORADO. An Employeo-Owned Cov48^Y January 12`f', 2006 Alan Richman 201 North Mill Street Aspen, CO 81611 EXHIBIT #7 Re: Aspen Jewish Resource Center Existing Conditions HCE Project No. 2051057.00 Alan: High Country Engineering, Inc. (HCE) has taken an in depth look into the existing utilities, grading and storm sewer issues pertaining to the proposed Aspen Jewish Resource Center (AJRC) site in the City of Aspen, Colorado. The site is located on the South side of State Highway 82 (Main Street) and between 3rd and 4`h Streets in the City of Aspen. The existing site contains eighteen (18) rental cabins and one (1) large building currently being utilized as the Jewish Community Center. The majority of the site consists of building pads and gravel drives. The existing site has all utilities needed to provide for the proposed building layout. Drainage: The site slopes to the east at approximately a 2% to 4% slope. The drainage ~. sheet flows to the east side of the property and is captured within the existing city storm drainage system at the corner of 3rd and Main Street which will be utilized for the proposed development. The proposed site will utilize an underground conveyance system for the storm drainage which will be piped to the existing system. The underground collection system is preferred over sheet flow due to the wintertime shading that will occur around this site. Quick collection and conveyance of the storm water runoff will be necessary to deter freezing. Roof drains, trench drains, and storm sewer inlets will collect and route the storm water through a single system and convey it to the existing storm sewer system in place. A drywell will collect direct 2 year storm runoff from the parking area within the site to provide for water quality. HCE is aware that the City of Aspen has a water quality and water retention facility available to city users down stream of our system, but water quality within a parking area should be handled at the source and clean water released to the city system. The existing property is situated in Zone "C" (areas of minimal flooding) as shown on the flood insurance rate map prepared by F.E.M.A., for the City of Aspen, Colorado, Community-Panel Number 080143 OOO1B, effective date: December 4`h, 1985. The City Mud Flow Map has the existing site outside of the boundary area of concern. HCE has looked at the existing and proposed site and has determined that storm water control will not be an issue within this site. 141nverness Drive East, Suite F-120 1517 Blake Avenue, Suite 101 Englewood, Colorado 80112 Glenwood Springs, CO 81601 telephone (303) 925-0544 -fax (303) 925-0547 telephone (970) 945-8676 - jaz (970) 945-2555 Alan Richman January 12, 2006 Page 2 of 2 The owner/client will be responsible for payment to the City of Aspen Storm Water Collection fund as required by the city. This fee will be determined with the final drainage report approvals by the City of Aspen. Sanitary Sewer: An existing 8 inch sanitary sewer exists within the rear alley of this site between aid and 4th Streets. An internal site collection system for the cabins and the existing Jewish Community Center will be removed and replaced with new sewer connections. Collection System Superintendent, Tom Bracewell, of the Aspen Consolidated Sanitation District (ACSD) provided the existing utility locations and sizes to HCE. ACSD has agreed to serve the AJRC. The 8" existing sewer pipe and one (1) manhole will need to be removed and replaced from the sidewalk location on the west side of aid Street up to the point of connection for the AJRC at the west end of the project. Two (2) new manholes will be located at these tie in points. (See attached Master Utility Map layout) The existing pipe is of low quality and will be hard to tap into without cracking or damaging the pipe beyond repair. The proposed line will consist of approximately 200 L.F. of new SDR-26 pipe and two (2) new manholes and will need to be approved or designed through the ACSD engineers. Water System: An existing 4"main has been placed within the cabin sites to provide water to the existing cabin rentals. This 4"main taps off of the 8" line within aid Street. An additional, tap from the 6"main within Main Street,to the existing Jewish Community Center building is available and will be utilized: This tapsize is not known at this time. The ':. ~: ~ . existing 4"main running throughout the site will be removed and replaced from the sidewalk on the west side of aid street up the proposed south sidewalk of the AJRC site to the classroom area within the AJRC. potentially two (2) taps will be taken off of this 4"main for internal AJRC use and four (4) %a" taps. will be direct to the remaining cabin structures to replace the removed services. (See attached Master Utility Map layout) The third tap from Main Street will also be utilized for internal AJRC building use. Dry Utilities: The site has all needed dry utilities available for the proposed AJRC use. Single and three phase power is available within the rear alley between aid and 4`h Streets from the City of Aspen Electric Company. Assistant Electric Supervisor, Jinx Capan-ells, provided the locations of the existing lines and sizing of the proposed facilities. A transformer will be located within the site for the three-phase power that will be required for mechanical uses. The transformer is tentatively being placed between cabin units 14 and 15 on the attached Master Utility Plan. Existing power lines to the onsite cabins will be maintained if possible, if line placement becomes and issue, new lines will be constructed and power restored to the cabins. The onsite telephone provider is Qwest Communications. HCE has spoken to Jason Sharpe the local Qwest engineer and determined that all necessary phone facilities for the AJRC are available for use. A 600 pair cable is within the aid Street ROW, and one (1) 200 pair and one (1) 300 pair cable are available within the rear alley of the site. Fiber optic is availability from Qwest. Offsite work would have to be done to run this line to the AJCS site. The closest connection point is 6 blocks north. Costs could be associated with this line if the client requested the work to be done. Alan Richman January 12, 2006 Page 2 of 2 The onsite cable provider is Comcast. A Comcast cable representative has not been reached at this, but the site currently has cable and this system will be utilized for cable access for the new building. The onsite gas provider is Kinder Morgan. JeffNelson at Kinder Morgan has indicated that a gas line is available, and several taps are already provided to this site. The necessary pressures for the proposed building will be calculated and communicated to Kinder Morgan once the proposed heating and cooking facilities have been finalized. At that time a will serve letter will be provided by Kinder Morgan. Summary: The existing site grading, drainage and available utilities make this an ideal site for redevelopment. HCE does not foresee any issues with the development of this site for the use of the proposed Aspen 3ewish Resource Center. Please contact me if you have any questions or need additional information. Sincerely, HIGH .COUNTRY ENGINEERING, INC. '~~ ~ ~ ~ ` .: , Matthew Langhorst, P.E. Project Manager June 22, 2004 FELSBURG HOLT & ULLEVIG EXHIBIT #8 .engineering paths to transportation solutions Mr. Alan Richman Alan Richman Planning Services PO Box 3613 Aspen CO 81612 RE: Aspen Jewish Community Center Parking Study FHU Reference # 04-037 Dear Mr. Richman: Felsburg Holt & Ullevig has completed the study of on-street parking impacts for the proposed Aspen Jewish Community Center (Center) to be located on the north side of Main Street between Third and Fourth Streets in Aspen, Colorado. We have prepared this letter to summarize the results of our field studies and analyses. It includes a summary of the proposed project, projected parking needs for the project, existing on-street parking conditions for the area surrounding the project, and the projected on-street parking conditions during regular weekday services and during special events at the Center. Project Description The Aspen Jewish Community Center would be located on the south side of Main Street between Third and Fourth Streets, on the L'Auberge d'Aspen site (Figure 1). The Center would include a staff of 8-10 people, and would host activities including pre-school, an afternoon Hebrew school, evening adult education classes, religious services on Fridays after sundown and on Saturday mornings, and occasional evening teen programs. Eight to 10 special events are also anticipated throughout the year. Because of space constraints on the site, the only off-street parking planned for the project would be two spaces reserved for Community Center staff. Patrons would use available on-street spaces on the block(s) surrounding the site. To assist in accommodating the demand, and to provide more spaces close to the building for pre-school pick-up and drop-off, the project is proposing to convert the five parallel spaces on the west side of the building to 10 90-degree angle-in spaces. Due to the limited on-site supply, an on-street parking assessment was conducted to determine whether the available supply would be sufficient to accommodate Center demands. 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303.721.0832 www.fhueng.com infoC~thueng.com FELSBURG Ci HOLT & ULLEVIG Figure 1 ~ Vicinity Map D North Aspen Jewish Community Center 04-037 6!21!04 June 22, 2004 Mr. Alan Richman Page 3 Projected Parking Needs for the Aspen Jewish Community Center Due to the unique nature of the proposed land use, no arkin sources such as the Institute of Transportation Engineers' Parkg q Gen~eratona or the Eno Foundation s'tional Pa=g. Therefore, parking generation forecasts for the site were based on projected activity schedules provided by the Center. Estimated attendance and average vehicle occupancy was obtained based on observations at the existing Aspen Jewish Resource Center. Table 1 summarizes the proposed activity schedule for the Center, as well as attendance levels, parking space requirements and the typical duration of parking needed for each activity planned for the Center. As the table indicates, regularly scheduled activities at the Center would include pre-school, Hebrew school, religious services and adult education classes, but very few of these activities would occur at the same time. Special events that generate significant parking demand are anticipated to be infrequent, as are evening teen programs. Both are anticipated to occur on evenings when no adult education classes are scheduled. Table 1. Aspen Jewish Community Center Activity Schedule and Pa ki r ng Esti mates Activity Time Period Fre uenc q Y Attendance Avg. Vehicle Spaces Occupancy Required Type Staff 7 AM - 10 PM 7 da s er week 10 staff Pre-School 1 8 Long 8 AM - 4 PM 5 da er week 35-40 children Hebrew School 3 PM - 5 PM 2 - 3 da s 1 40 Term Dro -oi er week 8-10 children Teen Pro ram 6 PM - 8 PM 1 ni ht er month 20 25 1.5 7 Dro -oi - eo le Adult Education 8 PM - 10 PM 2 ni hts er week 15-25 eo le Religious 1 1 5 25 2-hour Friday after Services . 17 2-hour sundown 'eve week Saturday 9 AM to ry 40-50 people 2 25 2-hour Noon S ecial Events 6 PM - 8 PM 8 - 10 er ear 200-225 eo le 2 5 The information in Table 1 w . 90 2-hour as used to generate parking demand on an hourly basis throu Table 2 presents this information for e h f ghout the da ac o four conditions considered: y. • Typical weekday demand ; • Friday demand (to account for i even ng religious services); • Saturday demand (to account f or weekend religious services); and • Special Events. The 50 parking spaces required at the end of the pre-school day in Table 2 represent a conservative demand estimate based on all parents arriving at the same time to pick up their children (40 drop-off spaces occu ied . It is likely that some parents would arrive a little earlier and others a little later (based on their work schedules and since each space would only be occupied for a few minutes, it is anticipated that somewhat less than ) those 40 spaces would be occupied at the same time, and in no case would all spaces be occupied for a full ' hour. Considering this situation, the peak parking demands for the Center are anticipated to occur in the evening during the week (25 spaces), during the early evening on Friday (40 spaces) and during mid-mornin on Saturday (33 spaces). Special events are anticipated to generate a peak demand of 98 spaces, which g would also occur in the early evening. June 22, 2004 Mr. Alan Richman Page 4 Table 2. Hourly Parking Demand Generated by the Aspen Jewish Community Center T° ical Weekda Frida Saturda S ciaLEvent 2- Long- Drop- 2- Long- Drop- 2- Long- Drop- 2- Long- Drop- Time Period term ' off hour Total term off - hour- Total term off hour Total term . off.- hour Total': 7 AM-8 AM 8 30 0 38 8 30 0 38 8 0 0 8 8 30 0 38 8 AM-9 AM 8 10 0 18 8 10 0 18 8 0 13 21 8 10 0 18 9 AM-10 AM 8 0 0 8 8 0 0 8 8- 0 25 33 8 0 0 8 10 AM-11 AM 8 0 0 8 8 0 0 8 8 0 25 33 ; ~ 8 0 0 8 11 AM-Noon 8 0 0 8 8 0 0 8 8- 0' 25 33 : 8 0 0 8 Noon-1 PM 8 0 0 8 8 0 0 8 8 0 13 21 8 0 0 8 1 PM-2 PM 8 0 0 8 8 0 0 8 8 0 0 8 8 0 0 8 2 PM-3 PM 8 7 0 15 8 7 0 15 0 0 0 0 8 7 0 15 3 PM-4 PM 8 0 0 8 8 0 0 8 0 0 0 0 8 0 0 8 4 PM-5 PM 8 40 0 48 8 40 0 48 0 0 0 0 8 40 0 48 5 PM-6 PM 8 7 0 15 8 7 25' 40 0 0 0 0 8 7 45 60 6 PM-7 PM 8 0 0 8 8 0 25 33 0 0 0 0 8' 0 90 98 7 PM-8 PM 8 0 9 17 8 0 0 8 0 0 0 0 8 0 90 _ 98 8 PM-9 PM 8 0 17 ' 25 0 0 0 0 0 0 0 0 8 0 45 53 9 PM-10 PM 8 0 1T' 25 0 0 0 0 0 0 0 0 8 0 0 8 10 PM-11 PM 8 0 9 17 0 0 0 0 0 0 0 0 0 0 0 0 Shaded cells indicate peak parking demand. ~,... It is also worth noting that considering the potential drop-off space demand at the beginning and end of pre- school, it would appear prudent to provide the additional 5 spaces in front of the building (10 angle-in spaces versus the existing 5 parallel spaces). In this fashion fewer parents and children would need to cross the street to reach their vehicle, creating a safer environment. Figure 2 graphically depicts the total hourly demand forecast for the Center throughout the day. Existing Parking Conditions To determine the existing on-street parking availability during the anticipated peak demand periods for the Center, hourly parking occupancy studies were performed on a Thursday, Friday and Saturday during the first week in March for the following time periods: • Thursday: between 3 PM and 8 PM; • Friday: between 3 PM and 8 PM; • Saturday: Between 8 AM and Noon. It should be noted that the study was conducted while the US Comedy Arts Festival was underway to present a conservative scenario where parking demand in town is higher than normal. ~aJV ~ [-. > as ,.a w ~ O ~ ...1 wx~ ~~. v n U ~, _ ~ c,^, ~ ~, ttf ~ r ~ U ' ~ = U ` v CJ I- LL (n (~ ~ l 1i ' --- _ _---- ~ v v° ~ o 0 0 ('7 ~ N N saoedg ~o ~agwnN Wd L!-WdOI ~VdO!- Wd6 ~~ ~ Wd6-Wd8 ~ . r ~ Wd8-WdL 1 ± 1 ~ wdL-wd~ ~ t 1 Wd9-Wds IrUdS-Wdb ~ Wdb-Wd£ ~ p o m Wd£-WdZ ~ - H , WdZ-Wd l l _ Wd ! -uooN uooN - Wy L l Wb!!-Wd0! ~ _ Wb0!-Wb'6 Wb'6-Wd8 DVy8-Wt~l o° ~ o r N i m ~ i ~ ~ ~ U _~ 0 U L .3 N C Q Q s L c c~ N _C Y L c~ a O ~~ June 22, 2004 Mr. Alan Richman Page 6 The 10-block area around the site (the block on which the site is located, the six surrounding blocks, and the three blocks on the south side of Hallam Street, which is two blocks from the proposed site) was selected as the study area to ensure that an adequate area of potential parking spaces was included (Figure 3). The number of parked vehicles on each block face within this area was recorded hourly throughout each study period to provide an assessment of the existing on-street occupancy. Table 3 summarizes the results. Approximately 482 on-street parking spaces are availab~e wconsist nt throughout the st dy periodndur ng the existing occupancy is very low. Occupancy was also fa y week only 10 more vehicles used street parking during the highest demand hour (5 PM to 6 PM) than the lowest hour (7 PM to 8 PM). On Saturday, only a five vehicle difference existed between the high and low demand periods. Table 3. On-Street Parking Usage within the Study Area Day of the Week 3 PM - 4 PM 4 PM - 5 PM Time Period 5 PM - 6 PM 6 PM - 7` PM 74 7 PM718 PM Thursda 71 78 73 76 57 58 Frida 69 72 75 66 65 Weekda Avera a 70 75 15% 14% 13% Percent Occu ant 15% 8AM-9AM 16% 9AM-10 AM 10 AM-11 AM 11 AM-12 PM Saturda 59 62 63 1 g% ~ 13% Percent Occupant 12% 13% ,, , As noted in Table 2, the Aspen Jewish Communi sundown between f I and spring, roughly durr ng the peak during Friday religious services, which occur after parking demand period of 5 and 6 PM. Figure 4 shows the parking demand on each block face during that period. As the figure indicates, adequate p „ei98 s aces on the foubstreets suround ngrthe projectlblock were block faces more than half full. Only 22 o p occupied. During the summer, services would occur later in the evening because of the longer days. Figure 5 shows the parking demand on each block face during the last hour os t As the fi pu a nd'icatest condlitio~nshare very similar anticipated to reflect conditions during these later service 9 to those reflected in Figure 5; only four block faces are more than half full, and nearly all of the spaces on the streets surrounding the project are vacant. Figures 6 and 7 show existing conditions on Saturday mornings. Figure 6 shows background conditions early in the morning when people would be arriving for services, while Figure 7 shows background conditions during services. As with weekday conditions, both figures indicate a low background demand for parking throughout the study area. FELSBURG ~~ HOLT & ULLEVIG 'yaiia,>, S~ Ma;,~ Sr yop~~nsgve LEGEND 0 = Block Number b ~o PROJECT SITE ~c ti~ 0 Figure 3 Noun Study Area Aspen Jewish Community Center 04037 6/21/04 FELSBURG ~iHOLT & ULLEVIG h ~`/a~~a,~ St ~ ;~c a 1/12 ~ 0/1o a B/~,°ker Sr 10 3/12 ryc 0/10 2/12 0/10 ~ 5/12 0/10 1110 1112 2/12 8 0/10 ~ 3115 ~ 3/10 2/12 0/12 Ma' Sr 82 1/12 6/10 © ~/1' 5/10 ~ 4/12 4/10 0/1.. 2/10 2/10 ® 0/12 NOAkinsq~~ 12!20 0/12 1112 1/l0 3 0/12 2/10 0/10 0/12 2/12 2/10 PROJECT 1/12 1/12 SITE 3/ 12 1/5 0/5 ~ 6/10 2/8 1/7 LEGEND Block Number .~. _ <50% Occupied = Between 50% and 85% Occupied o >85% Occupied ~Y = Occupied SpaceslTotal Spaces Figure 4 Existing Weekday Parking Occupancy 5PM - 6PM D North Aspen Jewish Community Center 04.037 6/21/04 FELSBURG iHOLT & i ~ ULLEVIG ~` h h'aUa,~ Sr b~ 1/12 B/e~k~'~S~ 1/10 10 0 2/12 ~~ / 10 ty 2/12 0/10 ~~. ~ nip n 4/12 0/1 M 4/15 a a~n S~ 2/1 a2 1/12 0/12 h~oA/rl,~Sgve 2/10 12/20 U12 / 0,12 PROJECT SITE LEGEND ~ 1/12 -~ 1/12 2/10 3/12 0/10 0/10 1/12 2/12 4/10 1/12 0/1 0,10 a 1/1~ . ~i12 3/5 3/12 0/5 1 5/ 10 1/S / 2/10 c = Block Number ~ _ <50% Occupied = Between 50% and 85% Occupied ~' _ >85% Occupied X/Y = Occupied Spaces/Total Spaces Figure 5 ~ Existing Weekday Parking Occupancy 0 ~ 7PM - 8PM North Aspen Jewish Community Center 04-037 6/21/04 FELSBURG ~~ HOLT & ULLEVIG b a a 0/12 ~ a Bie°k°rsr 0/10 1 ~ 1/12 ti~ ono 9 ,' Zn 2 ,,, ~ o/lo Ma;,~ S~ yO,okins 'Q~e. LEGEND 1,12 5/15 0/10 0/12 / 0/12 3/10 ® / 10/20 L 1/12 1/10 00/1~ PROJECT SITE ® = Block Number ~... _ <50% Occupied Between 50% and 85% Occupied .e = >85% Occupied X/Y = Occupied Spaces/Total Spaces on in2 1/12 0/10 7/ 10 0112 0/12 ~ _~ 0/ 10 0/12 3/12 3/10 0 1/10 0/12 ~ 0/10 ~_-~ 0/10 0/10 0/12 1/10 3/12 l/12 3/12 0/5 2/5 6/10 2/8 0/7 Figure 6 Existing Saturday Parking Occupancy ~ SAM - 9AM North Aspen Jewish Community Center 04-037 6/21/04 FELSBURG ~i HOLT & ULLEVIG h h'aiia,~ S~ ~ ~.: 0/12 0/10 ~~ %~k~r sr 10 0/ 10 1/12 ryc 0/12 0/10 ~\ ~ 0/10 2/12 Ma;,~ S~ y~'dk~ns ,4v~ LEGEND 1/12 4/15 1/10 . 0/12 0/12 2/10 10/20 :;~ 1/12 / 0/12 PROJECT SITE = Block Number ~ _ <50% Occupied = Between 50% and 85% Occupied ~ _ >85% Occupied Y/Y = Occupied Spaces/Total Spaces ~ 1/12 1/12 4/ 10 . 0/12 / 0/10 0/12 4/12 3/10 1/10 0/ 12 0/10 J 1/10 0/1 0/12 0/10 1/ 1` 3/12 .~ ois 3/5 1 5/ 10 2/8 c Figure 7 Existing Saturday Parking Occupancy ~ 11 AM -Noon Norttl Aspen Jewish Community Center 04.037 6/21/04 June 22, 2004 Mr. Alan Richman Page 12 Parking Conditions with the Aspen Jewish Community Center To assess parking conditions with the Center, the hourly parking demand generated by the site for each of the various activity scenarios (Table 2) was added to the hourly background parking demand in the study area (Table 3). The results are presented in Table 4 and graphically depicted in Figures 8 and 9. As the table and figures indicate, less than'/4 of the street spaces in the area would be occupied during both typical weekday activities and Friday services at the Center, while on Saturdays less than 20 percent of the spaces would be full. During special events, less than 1/3 of the total spaces in the area would be used. Table 4. Hourly Parking Demand in the 10-Block Study Area with the Aspen Jewish Community Center T ical Weekda Time Period Site Back round Total Percent 4 PM 3 PM 8 65 73 15% - 4 PM - 5 PM 48 68 116 24% 16% 6 PM 5 PM 15 60 75 - 15% 6 PM - 7 PM 8 62 70 7 PM - 8 PM 17 62 79 16% 8 PM - 9 PM 25 60 85 18% % 9 PM - 10 PM 25 59 84 17 Frida Time Period Site Back round Total Percent 3 PM - 4 PM 8 63 71 ~`'15% 23% 5 PM 4 PM 48 64 112 - 22% 5 PM - 6 PM 40 65 105 17% 6 PM - 7 PM 33 47 80 12% 7 PM - 8 PM 8 49 57 10% 8 PM - 9 PM 0 49 49 9 PM - 10 PM 0 49 49 10% S ecial Event Time Period Site Background Total Percent 3 PM - 4 PM 8 63 71 15% 4 PM - 5 PM 48 64 112 23% 5 PM - 6 PM 60 65 125 26% 30% 6 PM - 7 PM 98 47 145 30% 7 PM - 8 PM 98 49 147 21 8 PM - 9 PM 53 49 102 9PM-10 PM 8 49 57 12% Saturda Time Period Site Background Total Percent 8AM-9AM 21 54 75 16% % 9AM - 10 AM 33 58 91 19 10 AM - 11 AM 33 59 92 19% 11 AM -Noon Noon - 1 PM 1 PM - 2 PM 33 21 8 60 61 62 93 82 70 19% 17% 15% i -- _ C W ~ W tB ~., .~ U (9 U Q -6 al F- LL (/~ I ~ 1 * -r-___ ,_ - ^~ ," 1 I ~ I ^ -I ~~ }~ ~ WdOI-Wd6 . I I I I Wd6-Wd8 Wd8-WdL 0 WdL-Wdg o Wd9-Wd5 wds-wd~ Wdti-WdE J J m U ~ O ~ O O O LO O u N N ~' ~-- 3 dS ~o ~agwnN m 0 ~Q ~a z ~-- ~ ~ ~ ~ (~ ~ ~ a--~ ~ Y LL N ~ ~~ Q~ ~Q _~ ~~ _~ ~ W _c ~-- ~ ~ c ~ crt ~ ~ U o .~ ~ o ~ U ~ ~ o ~~ 2 ~. -~ F~ ~ Q N Q N ~_ .~ m a m U (0 Q !n I I L c U t r I I i *~ I 1 I I I i I L WdZ-4Vd l Wd ~ -uooN uooN - Wb' l l ID w ~ ~w..~ d ' ~_ F.. Wd LL-WtfOL WdOI-Wd6 W`d6-W'd8 ^ _. ._ _. ___. _.._. ____r ~`~~ O O O O O O 00 O 00 i0 O ~ H~ O ~ ~ ('7 OM N N ~ ~ ~ ~ saoedg;o ~agwnN wZa ~~. ~ ~,, .-. c[i ~ ~ -~ ~ ~ ~ ~ i.i c~ ~ ~ ~ ~ (~ O ~ cd ~ ~ ~ Q N A ~ ~ Q ~ ~ N +_' ~ .~ ~ X C W •- ~ ~ ~-- ~ ~ C~ ~ U ~ ~ ~ o ?~ U ~ ~ O _~_ 2 ~ ~~ Q~ Q Q 0 N cq O O O m U _T C 7 E E 0 U L N 7 c n a 0 ~a Z June 22, 2004 Mr. Alan Richman Page 15 It is anticipated that parking occupancy would be concentrated around the site as much as possible, since people naturally park as close as possible to their destination. Therefore, it is likely that the block faces nearest the Center's entrance (located on 4'h Street) would fill first, with additional block faces filling as necessary until all vehicles are accommodated. Using this principle, Center parking demand was assigned to the street system; Figures 10 and 11 show the anticipated parking conditions during typical religious services (starting at 5 - 6 PM) and during special events (starting at 7 - 8 PM). As shown in Figure 10, during typical religious services, nearly all Center parking demand can be accommodated in the spaces on either side of 4th Street, with the remaining Center patrons park along both sides of Main Street adjacent to the site. Currently, 17 vehicles were observed occupying the 59 spaces available on these block faces. The remaining eight blocks in the study area are not anticipated to be affected by Center demand. As shown in Figure 11, during special events, Center demand would fully occupy both sides of the streets on the three blocks nearest the Center's entrance (4"' Street between Main and Hopkins and Main Street between 5"'and 3`d Streets). Some patrons would occupy both sides of 4~h Street between Main and Sleeker, both sides of Hopkins between 4`h and 3`d, and the west side of 3`d between Main and Hopkins, but the demand on these blocks is not anticipated to completely fill those spaces. It is also worth noting that these special event conditions are anticipated only 8-10 times per year and would only last for a few hours; thus the conditions presented in Figure 11 would occur infrequently. Conclusions and Recommendations Based upon the above parking analysis, it appears that adequate on-street parking exists on the area to accommodate the demand associated with the Aspen Jewish Community Center. Very few vehicles currently park on the streets in the site vicinity, and under typical conditions, nearly all Center patrons would be accommodated along the block faces adjacent to the site. During larger special events at the Center, which would occur 8-10 times per year, both side of the street on the three blocks nearest the Center's entrance would fill. Some patrons would use the spaces on the blocks beyond those, but the demand on these additional blocks is anticipated to fully occupy all the spaces available. The remaining blocks in the study area are not anticipated to be affected by Center demand. Considering the potential drop-off space demand at the beginning and end of pre-school (up to 40 spaces if all parents arrive at the same time), it would appear prudent to provide the additional five spaces proposed in front of the building (10 angle-in spaces versus the existing five parallel spaces). In this fashion fewer parents and children would need to cross the street to reach their vehicle, creating a safer environment for the pre- schoolers. I trust this information will be of assistance to you as you continue the approval process for the Center. If you have any questions regarding the above information, or need any additional information, please give me a call at (303) 721-1440. Sincerely FELSBURG OLT & ULLEVIG ~~ Ream, PE, PTOE Senior Transportation Engineer FELSBURG ~i HOLT & ULLEVIG b /yak/a,~ S~ ~ r a 1/12 ~' 1/io a Bi~ek~rst. 10 0/10 2/12 ryc 2/12 0/10 9 ' 4/12 0 Man Sf yO~'k/,~s 'Q~e 0/12 4/15 S/10 ~~ ?/12 0/1 U12 / 1/12 8/10 12/12 0/1` LEGEND 12/12 2/10 20/20 1/12 ~ 0/12 PROJECT SITE = Block Number . _ <50% Occupied = Between 50% and 85% Occupied ~ _ >85% Occupied 1 = Occupied Spaces/Total Spaces 2/10 Figure 11 ~ Parking During Special Events 7PM - 8PM North -- Aspen Jewish Community Center 04-037 6/21/04 8/1 9/12 / // 0/10 0/10 0/10 1/12 2/12 4/10 2/10 1/12 1/12 3/5 3/12 0/5 ~ 5/10 _ ~ 1/8 FELSBURG ~i HOLT & ULLEVIG b ~`ia~~a~ Sr ~` a 1/12 `~ Bi 0/10 a~ e~ke~sr 1 ~ 0/10 3/12 ti~ / ,~ 2/12 0/10 ~ 5/12 / 0/10 Ma;,~ S~ yO'Ok~ns q~~ LEGEND 1/12 ~ 0/15 3/10 U12 0/12 2/10 20/20 U12 0/12 PROJECT SITE = Block Number ~ _ <50% Occupied = Between 50% and 85% Occupied ~' _ >85% Occupied :Z/Y = Occupied Spaces/Total Spaces 2/12 1/10 2/12 0/12 6/10 5/10 2/12 8/12 4/10 2/10 12/12 . _~ 0/12 15 U 2/12 U12 1/5 0/10 ~~ C Figure 10 Parking Conditions During Religious Services 0 5PM - 6PM North U12 0/5 1 6/10 2/S / Aspen Jewish Community Center 04.037 6/21/04 Figure 1 Vicinity Map North Aspen Jewish Community Center 04-037 6121104 ~ Qo ~ m °~ m m o „g~ <~ Z ~ i w~ ~a o , 4 g g d W _a 2 26 n~ N m h ~ ~~ W~ ~~ o~„< b, o N wY 8 m o o f°~3 ~F W o p ' oo ~8do °~~~ ~ - s~"b o ~ & Z u s J Z vi S U w ~¢~ rv 37 r-6 w r v i u w r O ®L(^ 1 0oa 8 5 ea ~ 1e ~~~~ d ~~ tl ~~~$x~~ G ~ G 8 d ~ A~ d,~,~s v~ a ~ ~~ ~8 n s ° ~ ~ ~~- 1 I ~ d ~ Y ~ m \~ ~~„ ~° a z e & / & / // \ / ~~ r . ~ ~~ ~ ~ / ~ ~p s ~ s ~ X910 W a - a ~ ° ~ a ~~ s 6 o ~ 6 ow ~6~ 4~ W a oai~ ooa~~8 s$ ~~ m~8~~~ 0.. 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