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HomeMy WebLinkAboutLand Use Case.CU.205 S Galena St.29A-88RECORDED AT RECEPTION NO. RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Jane Ellen Hamilton, Esq. Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 O'CLOCK .M. RECORDER RELEASE OF DEED RESTRICTION FOR THE BRAND BUILDING Pursuant to the Conditional Use Approval granted by the Planning Commission of the City of Aspen, Colorado, on August 2, 1988, under Section 5- 209(C) (9) of the Land Use Regulations of the City of Aspen, the Deed Restriction on the Brand Building recorded in Book 532 at Page 108 Reception No. 287128 of the real property records of Pitkin County, Colorado is hereby released and waived and the City of Aspen forever releases any claim or right to such deed restriction. The effect of this document is to release Apartments 200, 400, 500 and 1000 located in the real property legally described as: Lots G, H and I, Block 88, City and Townsite of Aspen, Pitkin County, Colorado, also known as The Brand Building, 203 South Galena Street, Aspen, Colorado from the requirement that such apartments are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, and that all residential units located on the second level of the Brand Building may be freely ]eased. IN WITNESS WHEREOF, this Release of Deed Restriction for the Bra a Building Apartments has been duly executed this ,: � �ay of 1990. ATTEST: Kathryn Vch, ty Clerk STATE OF COLORADO ) COUNTY OF PITKIN ) CITY OF ASPEN, COLORADO B William Stirling, Mayor The foregoing Release of Deed Restriction for the Brand Building was sworn and subscribed before me this �,T�`t� —day of 1990 by William Stirling, Mayor of the City of Aspen. WITNESS my hand and official seal. My commission expires: Notary Publi TO: Aspen Planning Commission FROM: Cindy Houben, Planning Office RE: Brand Building Conditional Use Review Amendment DATE: December 20, 1988 REQUEST: Conditional Use Amendment approval for residential dwelling units which are located above street level commercial uses in a historic landmark and which are not restricted to 6 month minimum leases. APPLICANT: Harley Baldwin LOCATION: The Brand Building, 205 South Galena Street, Lots G, H, and I of Block 88. ZONING: Commercial Core (CC) SUMMARY: On August 2, 1988 the Planning Commission held a Public Hearing for the Brand Building Conditional Use review for historic structures allowing existing residential unit to delete the 6 month minimum lease restriction. At that meeting the applicant represented that a one bedroom employee unit would be maintained on site. On September 12, 1988 the applicant went before the City Council requesting condominiumization of the Brand Building. At that time the applicant indicated that he would like to pay the affordable housing fee on the employee unit so that it would not be deed restricted. In other words the representation to the Planning Commission that the Brand Building would contain a 1 bedroom employee unit changed. At the time of the Conditional review before the Planning Commission, the Planning Office felt that the Commission was concerned that the building had dramatically changed through the years leaving only one employee unit. The Planning Office has determined that the request to remove the one remaining on site employee unit is a significant modification to the Conditional Use application, thereby requiring the Planning Commission to consider an amendment to the Conditional Use approval. HISTORY: The Planning Commission reviewed an application for a change in use from commercial to residential use by the current applicant in October of 1986. This application was approved, thereby allowing (4) new residential units to be created with the condition that these be deed - restricted to a minimum 6 month occupancy requirement. Three other previously existing units were allowed to be short - termed at that time for a total of seven units on the property. DESCRIPTION OF THE PROPOSAL: The applicant is requesting approval of a conditional use allowed in the CC zone district for historic structures. The specific request is to amend the prior approval which allowed the applicant to lift the 6 month minimum lease deed restriction placed on 4 of the 7 units at the time the application was reviewed in 1986. The new Land Use Code, adopted April 25, 1988, specifically allows the Planning Commission to review the applicant's request as a conditional use in the CC zone district. Section 5 -209 C. of the Land Use Code states as following: The following use is permitted in the CC zone district subject to the standards and procedures established in Article 7, Division 3. Residential dwelling units which are located above street level commercial uses in Historic landmarks and which are not restricted to 6 month minimum leases. According To Roxanne Eflin, the Aspen Historic Preservation Planner, the Brand Building is listed on the National Register of Historical Places and is also an Individually Designated Historic Landmark by the City, thereby qualifying the structure for this Conditional Use review by the Planning Commission. REFERRAL COMMENTS: 1) Engineering Department: The following requests were made in the attached memorandum submitted by Chuck Roth of the Engineering Department: 1) All existing encroachments in the alleyway be corrected. (As you are aware a recommendation has been made to City Council that an alley improvement district be formed for the Brand Building alley.) 2) A problem created on the alley from drainage off the roof of the Brand Building should be corrected. (See Condition #5.) STAFF COMMENTS: The following Criteria and Responses are taken from the August 2nd review of the application. As you are aware these criteria were adequately addressed by the applicants and additional conditions were imposed by the Planning Commission (See conditions listed in the recommendation portion of this application). The criteria are listed to remind the Planning 2 Commission that the Conditional Use Review was based on the representation that the Brand Building would contain an employee unit. A. Criteria: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. Response: The 1973 Aspen Land Use Plan includes the site of the Brand Building within the "Central Area" designation. The following is taken directly from the Plan: Central Area - To allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist oriented businesses. Ordered yet diversified land uses, such as resident related commercial, residential and professional office uses, should be located on the fringe of the central area. Urban design consideration is an essential element of future development or redevelopment of the central area and is necessary to take advantage of the unusual opportunities presented by its historic heritage and the relationship of the central area and Aspen Mountain. This design element includes as primary concerns the preservation of historic sites, structures and mountain views, implementation of tree planting programs, as well as expansion of the pedestrian oriented mall area. Short term accommodations appear to be consistent with the description above. Short term rentals are primarily tourist oriented and offer a diversified downtown core. Such uses are also seen as an incentive to historic preservation, which is consistent with the Plan. The applicant also adds that the new Land Use Code took into account the problems regarding second level commercial operations in the Downtown core and thereby offers residential uses as a possible option via the Conditional Use review process. B. Criteria: The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The applicant contends that the proposal is 3 compatible with the immediate area. It notes that 3 of the 7 units are already permitted to be leased without minimum term restrictions. The application notes that residential uses above first floor uses are common in the area. Such uses have been generally viewed by the Commission as desirable, although your support has tended more toward resident - oriented housing. C. Criteria: The location size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: The application states that the proposal will not cause adverse impacts in regard to visual, pedestrian or vehicular concerns. It also notes that there will not be any additional impact regarding noise, parking, trash, or service deliveries. The staff tends to believe that there will be increased impacts caused by more frequent service to the units by maids, service delivery trucks, and trash service companies. Undoubtedly the units will be marketed in a way which allows short -term occupancy by tourists to the community. The staff generally supports the Brand Building location for small scale tourist accommodations but feels that the service impacts must be more closely analyzed by the applicant. Listed below are conditions with respect to trash service and alley encroachments in response to this criteria. with regard to parking, the application is correct in stating that no parking spaces are required for residential uses in historic structures in the CC zone district. It is the opinion of the staff that the Brand Building occupants will not need a car while staying in the Aspen Area and will quickly realize that they are within walking distance or that they have convenient access to the bus system allowing them to easily get around the area. The Planning staff encourages the Brand Building units to be advertized as units which do not require that individuals have a car. D. Criteria: There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: Adequate public facilities exist at the Brand Building, however, solid waste disposal has been identified as an alley problem by the Engineer Department. 4 E. Criteria: The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. Response: The only additional requirements that the Planning Staff is concerned about are mentioned in the response to criteria C. In summary, the Planning office feels that all the above criteria were adequately addressed at the August 2 meeting. The only issue which the Planning Commission must deal with at tonight's meeting is whether or not to require the applicant to maintain the on site employee unit. The applicants represented at the last Planning Commission review that there would be an on site employee managers apartment and that this was necessary for the operation of the short term units. This understanding was one of the reasons the Planning Office recommended approval of the Conditional review to lift the 6 month minimum lease restriction. It was felt that an on site manager would help alleviate some of the need for additional service deliveries and trips to the short term units. Therefore, we recommend as a condition of approval that the on site unit be maintained. RECOMMENDATION: The Planning Office recommends denial of the amendment request to remove the on site employee unit. The Planning Office recommends a clarification to the August 2nd approval of the Conditional Use request (the addition of Condition #1) to allow residential dwellings on the second floor level above street level in the Historic Brand Building with no minimum lease restriction with the following conditions of approval: 1. The one bedroom unit shall be permanently deed restricted to the moderate employee guidelines. This deed restriction shall be filed and recorded with the Housing Authority prior to the recordation of a condominium plat for the Brand Building. 2. The applicants shall install a trash compactor on their property. 3. All existing trash receptacles shall be located on the Brand Building property outside of the alleyway. The applicants may explore other trash storage options which must be acceptable to the Engineering Department (i.e., a below grade trash storage area which accesses the alley with a lift system). 5 4. No encroachments shall be permitted in the alley and all existing encroachments (utility boxes, etc.) shall be taken out of the alleyway. 5. The roof drainage problem in the alleyway shall be corrected by the applicant to the satisfaction of the Engineering Department. 6. The above conditions shall be met by the applicant within six months of the date of P &Z approval of the conditional use, or the conditional use permit shall be revoked. �7IN.3;#Az10tell] 2 A G E N D A ASPEN PLANNING AND ZONING COMMISSION August 2, 1988 - Tuesday 4:30 P.M. Old City Council Chambers 2nd Floor City Hall REGULAR MEETING I. COMMENTS Commissioners Planning Staff II. MINUTES III. CONSENT AGENDA ITEM A. Interpretation of a Use in the C -1 Zone District IV. PUBLIC HEARING A. Brand Building - Conditional Use V. PLANNING ITEM A. Discussion with P &Z on Planning Office Work Priorities VI. ADJOURN MEETING MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Nancy Cacti, Planning office RE: Your Next ; ndas DATE: July 28, Following is your scl, Iule for the month of August: August 9 - Speciril Meet : -q - Hamwi GMP /PUD Exemption & Subdivision (CH) August 16 - Regular E (Ming - To be cancelled August 23 - Work Session - Mt. Valley Zoning Issue Paper , Marolt Ranch Exhibit A. NEXT TO: Aspen Planning and Zoning Commission FROE: Cindy Houben, Planning office RE: Request for an Interpretation of a Use in the C -1 Zone District /Consent Agenda Item DATE: August 2, 1988 REQUEST: Dr. Jack Crandall has requested an interpretation concerning a use in the C -1 zone district. DESCRIPTION OF THE PROPOSAL: Dr. Crandall has requested that an electronics repair and limited sales establishment be allowed in the Patio Building in the C -1 zone district. RECOMMENDATION: Staff is recommending that this be approved as a consent agenda item. Attached is a memorandum to Alan Richman explaining the staff position on the request. ch.pcc TO: FROM: - RE: DATE: Alan Richman, Planning Director Cindy Houben, Planner Patio Building Uses July 21,, 1988 Attached is a copy of a letter from Jack Crandall requesting that a small space (250 sq. ft.) in the Patio Building, located in the C -1 Zone District be allowed to be occupied for an electronics repair company, with limited sales of electronics goods. Appliance repair stores are not listed in the use chart for the C -1 zone district, however, service commercial establishments are allowed to a limited extent. Furthermore, an appliance store is an allowed retail use in the C -1 zone. SECTION 5 -210 B Service Commercial establishment limited to the following and similar uses: catering service, financial institution, office supply store, shop -craft industry parking garage, and personal service shops including barber shop and beauty shop. You have asked me to review this to see if we could make a finding that the use could be interpreted as an approved use. The purpose of the C -1 Zone District reads as follows: SECTION 5 -210 A The purpose of the Commercial (C -1) Zone District is to provide for the establishment of commercial uses which are not primarily oriented towards serving the tourist population. Indeed, the proposed use is not a tourist oriented service. It appears that this proposed type of use would be appropriate in the C -1 zone district and is similar in nature to the above listed uses. I recommend that this use be approved, subject to its acceptance by P &Z on the consent agenda on August 2. ch.crandall JACK S. CRANDALL. M.D. Box 1066 ASPEN. COUDR D U -- Br6r2- C TELEVHONE 9253071 / July 14, 1988 Mr. Alan ,lchman Zoning Department City of Aspen Aspen, Colorado 81611 Dear Mr. °Ichmans I am Writing regarding Unit 24 of the Patio Building (Zoned C -1). Unit 24 is a small area (about 250 square feet) on the top floor of the Patio Building. It was occupied by the Aspen Medical Laboratory until recently. A gentleman is interested in renting this space, primarily as a repair shop for small electronic units with sales being of secondary consideration. The space is the right size for this use, the work tops and cabinets are ideal without remodeling, and the prce is right. He hasn't been able to find any workable space that is affordable in Aspen anywhere, This use would fit the general nature of the Patio Building, which is primarily service oriented except for the street level retail units. As pa.- of the process of obtaining a city license, the zoning for this use was evaluated by Mr, Drueding, Although Mr. Druedinx felt that this would be an ideal use for this space, he wasn't 100% sure that it met the complete wording for C -1 zoning. He suggested I consult with you for your approval for this use, to make sure. Than'' you for your consideration of this request. Very truly yours, Ja?eandall, M. D. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Houben, Planning Office RE: Brand Building /Conditional Use for Historic Structure Allowing Existing Residential Unit to Delete the 6 Month minimum Lease Restriction DATE: August 2, 1988 REQUEST: Conditional Use Approval for residential dwelling units which are located above street level commercial uses in a historic landmark and which are not restricted to 6 month minimum leases. • APPLICANT: Harley Baldwin. LOCATION: The Brand Building, located at 205 South Galena St., lots G, H, and I of Block 88. ZONING: Commercial Core (CC). HISTORY: The Planning Commission reviewed an application for a change in use from commercial to residential use by the current applicant in October of 1986. This application was approved, thereby allowing (4) new residential units to be created with the condition that these be deed - restricted to a minimum 6 month occupancy requirement. Three other previously existing units were allowed to be short - termed at that time for a total of seven units on the property. DESCRIPTION OF THE PROPOSAL: The application is requesting approval of a conditional use allowed in the CC zone district for historic structures. The specific request is to allow the applicant to lift the 6 month minimum lease deed restriction placed on 4 of the 7 units at the time the application was reviewed in 1986. The new Land Use Code, adopted April 25, 1988, specifically allows the Planning Commission to review the applicant's request as a conditional use in the CC zone district. Section 5 -209 C. of the Land Use Code states as following: The following use is permitted in the CC zone district subject to the standards and procedures established in Article 7, Division 3. Residential dwelling units which are located above street level commercial uses in Historic landmarks and which are not restricted to 6 month minimum leases. According To Roxanne Eflin, the City. Historic Preservation Specialist, the -Brand Building is listed on the-National Register of Historical Places and is also an Individually Desiq: -ated Historic Landmark by the City, thereby qualifying the struzure for this Conditional Use review by the Planning Commission. REFERRAL COMMENTS:. 1) Engineering Department: The following requests were r.:,_. in the attached memorandum submitted by Chuck Roth c the Engineering Department: 1) All existing encroachments in the alley-::. be corrected. be. , � F n c C 2 ) V X 4 1problem0crelated on th alley from drainage o the roof of the Brand Building should be correc y CONDITIONAL USE REVIEW: The following are the criteria for a Conditional Use revi :. as outlined in Section 7 -301 of the Land Use Code. The app:_ -ant and staff response are included below. (Please see the at'..:caed application for a more detailed response to the criteria). A. Criteria: The conditional use is consistent wit! the purposes, goals, objectives and standards of the Aspen =.rea Comprehensive Plan, and with the intent of the Zone Di:'. : in which it is proposed to be located. Response: The 1973 Aspen Land Use Plan includes the s, of the Brand Building within the "Central Area" design - _on. The following is taken directly from the Plan: Central Area - To allow the primary use of la; for tourist commercial activity that is essential the community's economic vitality in an area that r tes well to the proposed public transportation systc the ski area and existing tourist oriented burin :_es. Ordered yet diversified land uses, such as rc. ent related commercial, residential and professional ice uses, should be located on the fringe of the c _rat area. Urban design consideration is an es:-. _ia element of future development or redevelopment she central area and is necessary to take advantage the unusual opportunities presented by its hi :ric heritage and the relationship of the central an and Aspen Mountain. This design element includ as primary concerns the preservation of historic structures and mountain views, implementation a ree planting programs, as well as expansion -he 2 pedestrian oriented mall area. Short term accommodations appear to be. consistent with the - description above. Short term rentals are primarily tourist oriented and offer a diversified downtown core. Such uses are also seen as an incentive to historic preservation, which is consistent with the Plan. The applicant also adds that the new Land Use Code took into account the problems regarding second level commercial operations in the Downtown core and thereby offers residential uses as a possible option via the Conditional Use review process. B. Criteria: The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The application contends that the proposal is compatible with the immediate area. It notes that 3 of the 7 units are already permitted to be leased without minimum term restrictions. The application notes that residential uses above first floor uses are common in the area. Such uses have been generally viewed by the Commission as desirable, although your support has tended more toward resident - oriented housing. C. Criteria: The location size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: The application states that the proposal will not cause adverse impacts in regard to visual, pedestrian or vehicular concerns. It also notes that there will not be any additional impact regarding noise, parking, trash, or service deliveries. The staff tends to believe that there will be increased impacts caused by more frequent service to the units by maids, service delivery trucks, and trash service companies. Undoubtedly the unite will be marketed in a way which allows short -term occupancy by tourists to the community. The staff generally supports the Brand Building location for small scale tourist accommodations but feels that the service impacts must be more closely analyzed by the applicant. Listed below are conditions with respect to trash service and alley encroachments in response to this criteria. 3 With regard to parking, the application is correct in stating that no parking spaces are required for residential uses in historic ` = structures, in the CC zone district. It is the opinion of the staff that the Brand Building occupants will not need a car while staying in the Aspen Area and will quickly realize that they are within walking distance or that they have convenient access to the bus system allowing them to easily get around the area. The Planning staff encourages the Brand Building- units to be advertized as units which do not require that individuals have a car. D. Criteria: There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: Adequate public facilities exist at the Brand Building, however, solid waste disposal has been identified as an alley problem by the Engineer Department. E. Criteria: The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. Response: The only additional requirements that the Planning Staff is concerned about are mentioned in the response to criteria C. Section 7 -307 of the Land Use Code allows the Planning Director to recommend conditions of approval which serve the purpose of the Land Use Code and the Aspen Area Comprehensive Plan. The Planning Office recommendation is to require that the applicant upgrade their trash service capacity in order to alleviate the need for additional trash pick up to occur. In addition, the basic alley encroachments should be cleaned up pursuant to the Engineer Department comments. RECOMMENDATION: The Planning Office recommends approval of the Conditional Use request to allow residential dwellings on the second floor level above street level in the Historic Brand Building with no minimum lease restriction with the following conditions of approval: /1. The applicants shall install a trash compactor on their property. All existing trash receptacles shall be located on the Brand Building property outside of the alleyway. The applicants may explore other trash storage options which must be acceptable to the Engineering Department (i.e., a below 9 grade trash storage - area which accesses the alley with a lift system). 3 No encroachments shall be permitted in the alley and all existing encroachments (utility boxes, etc.) shall be taken out of the alleyway. 1 4. The roof drainage problem in the alleyway shall be corrected by the applicant to the satisfaction of the Engineering Department. 5. The above conditions shall be' met by the applicant within six months of the date of P &Z approval of the conditional use, or the conditional use permit shall be revoked. CH.HARLEY 01 fe MEMORANDUM To: Cindy Houben, Planning Office From: Chuck Roth, Assistant City Engineer Date: July 24, 1988 Re: Brand Building - Conditional Use Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Insofar as the granting of the conditional use represents an improvement of property values and revenue potentials to the applicant, and insofar as the city is able to make requests or requirements associated with property zoning benefits, the Engineering Department suggests two requests or requirements. In the alley there are a number of encroachments of uses perti- nent to the Brand Building. A plat was not received with this application, but there appear to be at least four dumpsters in the alley right -of -way and other utility installations - gas, water, electric - which appear to be encroaching into the alley. It is desireable both from a public safety standpoint (the code requires 20 foot wide emergency access) and from the standpoint of general ability to make the best use of alleys, to have these encroachments removed from the alley. It does not appear that these encroachments are licensed. It may not be appropriate to be granting conditional use approvals to a structure which has unlicensed encroachments in the public right -of -way. There has been a problem with roof drainage at the Brand Building which is merely drained onto the surface of the alley where it freezes during winter months, thereby creating an ice hazard. For new construction, a developer would typically install a drywell to drain the roof into. (This was done at the Indepen- dence Lodge Building, also known as the Crossroads Drugs build- ing.) The Engineering Department would like to see this roof drain removed from the alley. The other technique besides a dry well to deal with the water would be to pipe it to the storm sewer in Mill Street. cc: Jay Hammond, City Engineer /Director of Public Services ` CR /cr /memo 88.62 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Tom Baker, Principal Planner J RE: Land Use Plan Process /Issues DATE: July 29, 1988 PURPOSE: The purpose of this item is to agree on a process for the Land Use Plan and begin to identify issues which will be addressed in the Plan. Since our last meeting Council has identified displacement as our number one priority code amendment. Staff will be initiating the appropriate amendments with City Council at their meeting on August 8. P &Z members are encouraged to attend. following this meeting, the code amendment will be referred to P &Z for your review. PROCESS: Based upon P &Z's comments about the need to speed the process it is the staff's suggestion that we develop a policy plan for the Land Use Element. This approach will entail identification of issues with the P &Z, public and staff participating; development of policy solutions for those issues; and selection of code amendments to implement the policies. The process will skip the time consuming stages of data collection and analysis and instead only bring forth that information needed to solve the problems you identify. ISSUES: After P &Z agrees on a process, the P &Z, public and staff can participate in a brainstorming session to identify issues. For P &Z's information staff has attached Jasmine's list of issues and solutions. Additionally, staff has attached the handout from last meeting on the Planning Office's work program and staffing situation. These handouts are intended to help you see that we are very constrained in terms of staffing right now, and can only address a limited number of priorities at any time. We are also thinking about going to the public with a "survey" document to help in two areas: 1. Prioritizing the capital improvements wish list; and 2. Prioritizing land use issues. We would like your input on whether you view this as a useful tool in the Land Use Plan process. TO: Alan Richman FROM: Jasmine Tygre - HOMEWORK PROBLEMS 1. Displacement a. employees - b. long -term residenhts who d icome guidelines but can`St C. smaller, less- intensive or being replaced i high -end d. loss of LP lodges :)n't fall with in;,employee afford $500,000�homes locally- oriented businesses boutiques 2. Big-; ugly buildings a.HPC exemptions like Elli's b.demoloition of non - historic buildings, rebuilt on much larger scale without going through GMP or other Processe c.lack of revised FARs in most zone districts 3. Employees a. Why are there so many more employees looking for housing than anticipated? b.Are our calculat6ions of employee generationaccurate? C. are developers assuming their fair share of responsibity for housing employees? d. Is there a way to overcome_; "not in my neighborhood "? e. What trade -offs are acceptable? f. conflict between open space /public land and housing 4. Traffic in town and on Highway 82 a. bus ridership declining in town but increasing on down valley runs: b. traffic backed up every day during rush hours C. Is it desirable to have "beetroom communities" serving a central core? There is disenfranchisement of people who are dependent on Aspen jobs but have no say in government decisions 5. Disenchantmmnb::with Growth Management a. - although statistics may show that growth is at or below projected accepOtable levels, the perception:, is that a lot of undesirable growth has Laken place b. deevelopers cloaim trhat GMP and other regulatory Prcoesses:.are responsible for such high prices that "affo9rdable" housing is impossible to produce 5. Growth that occurs outside of GMP a. HPC exemptions b, demolition of smaller houses owned by long- termtu residents - replaced by much larger structures aimed at the second -home market C. intensification of commercial uses in reconstructed iildings (e.g. - Elli's went from one smalli9sh f'> retail operation to °4'. +boutiques and 2 restaurants, Boogie's has a very busy retailo store and restaurant replacing The Shaft, which was open only for dinner Possible soloutions to explore 1. Define. the, vaViousuComponents of growth morespecifically a, separaste permaNENT residential from short -terms regardless of size (e.g. condominiums) 2. Prioritize various growth segments a. Quotas have been constant; perhaps quotas shoulod be adjusted to reflect priorities 3. Land Use plan and maps shoulod indicate which areas are appropriate for the various growth segments 4. Eliminate GMP exemptions and establish other review procedures for so- called "lo impact" projects 5. Closer review of changes in use 6. Additional incentives for employee housing a. waiving of fees b. bonuses for production or donhation of land 7. Evaluate exactly what it costs government toprovide employee housing land is not free, and was usually acquired for other pubhlic purposes 1988 Pl ,arLNG OFFICE WORK PROGRAM SLIMKk. I 11 HY � �I P.1 Housing Plan Element Joint Tom 10/86 -06/88 Underway P.2 Aspen Area Land Use /Community Joint Tom 04/88- 12 /88- Underway City Facilities Element 07/85 -04/88 Complete C.4 County Code Simplification P.3 Annexation Plan Element Adoption City Glenn 01/88 -09/88 Pend.Adop P.4 Owl /Castle/Maroon /Buttermilk NPA Plan County Tom 05/87 -09/88 Underway P.5 Smuggler/Red Mountain NPA Plan County ? Uncertain NYS P.6 SH 82 EIS Joint Tam Uncertain Underway P.7 Burnt Mountain EIS Joint Glenn Uncertain Underway Current Planning C.1 City Caseload City Cindy /Tom/Alan Year -round Ongoing C.2 County Caseload County Francis /Buddy /Glenn Year -round Ongoing C.3 City Code Clarification City Alan 07/85 -04/88 Complete C.4 County Code Simplification County Glenn/Francis 12/86 -12/88 Underway C.5 Implement Down Valley Plan County Glenn 08/86 -06/88 Complete C.6 Annexation Implementation City Tom/Glenn 01/88 -12/88 Underway C.7 Transportation Implementation Joint Tom 10/87 -12/88 Underway C.8 Rio Grande SPA Plan City Tbm 03/88 -09/88 Underway C.9 Roaring Fork Railroad Project County Cindy 06/87 -03/88 Complete C.10 Aspen Highlands Resort County Francis 05/87 -08/88 Underway C.11 Aspen Mountain PUD City Alan 01/88 -09/88 Underway C.12 Aspen Institute SPA City Alan Uncertain Underway C.13 Aspen Historic Preservation Activities City Roxanne Year -round Ongoing C.14 Simplified Application Forms/ Instructions City Alan 04/88 -06/88 Complete C.15 Continuing Aspen Code Priorities City Alan 05/88 -12/88 Underway Administra A.1 Planning Office Work Program Update Joint Alan Quarterly Ongoing A.2 Annual Planning Office Budget Joint Alan 07/88 -09/88 NYS A.3 Staff Evaluations Joint Alan 01/88 &05/88 Complete A.4 Office Move Joint Alan 01/88 -07/88 Underway A.5 Office Reorganization Joint Alan 03/88 -09/88 Underway Note: NYS = Not Yet Started work Planning FR..0 \S C1.c�y 10*h MA& C 3 wAt4 \> The role of the Plazuting Department is to guide and direct the development of the Community so as to create the most functional and desirable environment feasible for the present and future citizens. This department is operated jointly with Pitlan County. P & D - 30 City Code Amendment Priority List 1. Fa 3. 4. 5. �1 7. RM VIA Displacement To impose affordable housing mitigation requirements (such as actual replacement or payment of a fee) on the demolition of existing residential units in Aspen. Revisions to Quotas To comprehensively review buildout potential and propose updated residential, commercial and lodge quotas. Residential Area and Bulk To continue the work accomplished in 1987 with respect to the R -6 zone to determine its applicability to the RMF, O, R -15, R -15A, and R -30 zone districts. Lodge /Condominium Preservation To re- evaluate the status of tourist facilities which are nonconforming uses (The Gant, Clarendon, etc.) or nonconforming structures (Aspen Manor ?) to determine whether they should be granted some form of relief. Employee Housing Production Incentives To consider whether incentives for employee housing production should be created to replace the RBO overlay. Open Space Zone District To establish a zone district to be applied to lands intended for passive open space and not active recreation facilities. Local- oriented Commercial Incentives To consider whether incentives should be offerred to encourage local - serving uses to locate in Aspen, and if so, to identify and adopt the appropriate incentives (fee reductions, floor area bonuses, etc.). Short PUD Process To permit the conceptual and final PUD stages of review to be combined when full review process would be redundant and seerve no public purpose. Correction Ordinance To adopt an Ordinance correcting any drafting errors, omissions or other problems in the new Code (to be initiated approximately December 1). Priority Ranking Code Amendment Staff Rank Council Rank Displacement 2 Revisions to Quotas 1 Residential Area and Bulk 4 Lodge /Condominium Preservation 6 Employee Housing Incentives 3 Open Space Zone District 8 Local- Oriented Comm'1 Incentives 7 Short PUD Process 5 Correction Ordinance Initiate about December 1 codepriorities I U Div (0) ON1 Z I Dili 0 TO: FROM Aspen Planning and Zoning Commission Cindy Houben, Planning Office RE: Brand Building /Conditional Use for Historic Structure Allowing Existing Residential Unit to Delete the 6 Month minimum Lease Restriction DATE: August 2, 1988 ---------------------------------------------------------------- ---------------------------------------------------------------- REQUEST: Conditional Use Approval for residential dwelling units which are located above street level commercial uses in a historic landmark and which are not restricted to 6 month minimum leases. APPLICANT: Harley Baldwin. LOCATION: The Brand Building, located at 205 South Galena St., lots G, H, and I of Block 88. ZONING: Commercial Core (CC). HISTORY: The Planning Commission reviewed an application for a change in use from commercial to residential use by the current applicant in October of 1986. This application was approved, thereby allowing (4) new residential units to be created with the condition that these be deed - restricted to a minimum 6 month occupancy requirement. Three other previously existing units were allowed to be short - termed at that time for a total of seven units on the property. DESCRIPTION OF THE PROPOSAL: The application is requesting approval of a conditional use allowed in the CC zone district for historic structures. The specific request is to allow the applicant to lift the 6 month minimum lease deed restriction placed on 4 of the 7 units at the time the application was reviewed in 1986. The new Land Use Code, adopted April 25, 1988, specifically allows the Planning Commission to review the applicant's request as a conditional use in the CC zone district. Section 5 -209 C. of the Land Use Code states as following: The following use is permitted in the CC zone district subject to the standards and procedures established in Article 7, Division 3. Residential dwelling units which are located above street level commercial uses in Historic landmarks and which are not restricted to 6 month minimum leases. . f According To Roxanne Eflin, the City Historic Preservation Specialist, the Brand Building is listed on the National Register of Historical Places and is also an Individually Designated Historic Landmark by the City, thereby qualifying the structure for this Conditional Use review by the Planning Commission. REFERRAL COMMENTS: 1) Engineering Department: The following requests were made in the attached memorandum submitted by Chuck Roth of the Engineering Department: 1) All existing encroachments in the alleyway be corrected. 2) A problem created on the alley from drainage off the roof of the Brand Building should be corrected. CONDITIONAL USE REVIEW: The following are the criteria for a Conditional Use review as outlined in Section 7 -301 of the Land Use Code. The applicant and staff response are included below. (Please see the attached application for a more detailed response to the criteria). A. Criteria: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. Response: The 1973 Aspen Land Use Plan includes the site of the Brand Building within the "Central Area" designation. The following is taken directly from the Plan: Central Area - To allow the primary use of land for tourist commercial activity that is essential to the community's economic vitality in an area that relates well to the proposed public transportation system, the ski area and existing tourist oriented businesses. ordered yet diversified land uses, such as resident related commercial, residential and professional office uses, should be located on the fringe of the central area. Urban design consideration is an essential element of future development or redevelopment of the central area and is necessary to take advantage of the unusual opportunities presented by its historic heritage and the relationship of the central area and Aspen Mountain. This design element includes as primary concerns the preservation of historic sites, structures and mountain views, implementation of tree planting programs, as well as expansion of the pedestrian oriented mall area. Short term accommodations appear to be consistent with the description above. Short term rentals are primarily tourist oriented and offer a diversified downtown core. Such uses are also seen as an incentive to historic preservation, which is consistent with the Plan. The applicant also adds that the new Land Use Code took into account the problems regarding second level commercial operations in the Downtown core and thereby offers residential uses as a possible option via the Conditional Use review process. B. Criteria: The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The application contends that the proposal is compatible with the immediate area. It notes that 3 of the 7 units are already permitted to be leased without minimum term restrictions. The application notes that residential uses above first floor uses are common in the area. Such uses have been generally viewed by the Commission as desirable, although your support has tended more toward resident - oriented housing. C. Criteria: The location size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Response: The application states that the proposal will not cause adverse impacts in regard to visual, pedestrian or vehicular concerns. It also notes that there will not be any additional impact regarding noise, parking, trash, or service deliveries. The staff tends to believe that there will be increased impacts caused by more frequent service to the units by maids, service delivery trucks, and trash service companies. Undoubtedly the units will be marketed in a way which allows short -term occupancy by tourists to the community. The staff generally supports the Brand Building location for small scale tourist accommodations but feels that the service impacts must be more closely analyzed by the applicant. Listed below are conditions with respect to trash service and alley encroachments in response to this criteria. 3 With regard to parking, the application is correct in stating that no parking spaces are required for residential uses in historic structures in the CC zone district. It is the opinion of the staff that the Brand Building occupants will not need a car while staying in the Aspen Area and will quickly realize that they are within walking distance or that they have convenient access to the bus system allowing them to easily get around the area. The Planning staff encourages the Brand Building units to be advertized as units which do not require that individuals have a car. D. Criteria: There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: Adequate public facilities exist at the Brand Building, however, solid waste disposal has been identified as an alley problem by the Engineer Department. E. Criteria: The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. Response: The only additional requirements that the Planning Staff is concerned about are mentioned in the response to criteria C. Section 7 -307 of the Land Use Code allows the Planning Director to recommend conditions of approval which serve the purpose of the Land Use Code and the Aspen Area Comprehensive Plan. The Planning Office recommendation is to require that the applicant upgrade their trash service capacity in order to alleviate the need for additional trash pick up to occur. In addition, the basic alley encroachments should be cleaned up pursuant to the Engineer Department comments. RECOMMENDATION: The Planning Office recommends approval of the Conditional Use request to allow residential dwellings on the second floor level above street level in the Historic Brand Building with no minimum lease restriction with the following conditions of approval: The applicants shall install a trash compactor on their property. All existi tra receptacles shall be located on the Brand Building pr e y outside of the alleyway. The applicants may explore other trash storage options which must be acceptable o the Engineering Department (i.e., a below 4 grade trash storage area which accesses the alley with a yy lift system). /3. No encroachments shall be permitted in the alley and all \ existing encroachments (utility boxes, etc.) shall be taken _ out of the alleyway. he7�roof drainage pro lem in the alleyway shall be corrected by the applicant o the satisfaction of the Engineering 1 Department. The above conditions shall six months of the date of use, or the conditional use / is W CT'-� CH.HARLEY 4 OV A� be met by the applicant within P &Z approval of the condi tonal permit shall be k d. -�-V P,-t �Vq -h� WS 5 ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 October 12, 1988 Jane Ellen Hamilton Garfield & Hecht 601 E. Hyman Aspen, CO 81611 RE: Brand Building Conditional Use Re- review Dear Jane Ellen, We have scheduled your application for re- review by the Aspen Planning and Zoning Commission at a public hearing on December 20, 1988. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The applicant is required to post a sign and mail notice of the hearing to adjacent landowners pursuant to Section 6 -205E. of the Aspen Land Use Regulations. If you have any questions, please call me. Sincerely, Cindy Houben, Planner ds fwroMv e :iIZOOKI To: Cindy Houben, Planner From: Chuck Roth, Assistant City Engineer 0 — ` f Date: August 1, 1988 Re: Brand Building Special Use These are some additional comments concerning trash. As we discussed, it appears that the new use at the Brand Building would generate considerable additional amounts of trash from what the building now generates. The applicant might choose to address the additional trash generation by installing a trash compactor for the building. Whatever the fashion in which the applicant might choose to address the trash storage needs, it should be on the applicant's property and not in the public right -of -way. It is this reviewer's understanding that an encroachment has recently been granted at another building for an opening in the right -of -way similar to the delivery access in the sidewalk by Aspen Drug. A use of the right -of -way such as that, which does not restrict emergency vehicle access and delivery vehicle use of alleys, would be less undesirable than the existing use encroach- ments at the Brand Building. A difficulty in this particular situation would be the buried utilities which are in the alley. Such utilities are not present under the sidewalk at Aspen Drug. cc: Jay Hammond CR /cr /memo_88.63 NOTICE TO ADJACENT PROPERTY OWNERS RE: BRAND BUILDING CONDITIONAL USE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 20, 1988, at a meeting to begin at 4:30 P.M., before the Aspen Planning and Zoning Commission, 2nd Floor, Old City Council Chambers, 130 S. Galena Street, Aspen, CO, to consider an application submitted by Jane Ellen Hamilton, on behalf of her client, Harley Baldwin, requesting Condition Use approval for waiver of a six month minimum lease restriction for four residential units, second lever, Lots G, H, and I, Block 88, Brand Building, located at 205 S. Galena Street. For further information, contact the Aspen /Pitkin County Planning Office, 130 S. Galena Street, Aspen, CO 81611, (303) 920 -5090. s. /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission t' PUBLIC NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 2, 1988, at a meeting to begin at 4:30 P.M., before the Aspen Planning and Zoning Commission, 2nd Floor, Old City Council Chambers, 130 S. Galena Street, Aspen, CO, to consider an application submitted by Jane Ellen Hamilton, on behalf of her client, Harley Baldwin, requesting Conditional Use approval for four residential units, second level, Lots G,H, and I, Block 88, Brand Building, located at 205 S. Galena Street. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, CO 81611 (303) 925 -2020, ext. 227. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on July 14, 1988. City of Aspen Account. MEMORANDUM To: Cindy Houben, Planning Office From: Chuck Roth, Assistant City Engineer &K Date: July 24, 1988 Re: Brand Building - Conditional Use Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Insofar as the granting of the conditional use represents an improvement of property values and revenue potentials to the applicant, and insofar as the city is able to make requests or requirements associated with property zoning benefits, the Engineering Department suggests two requests or requirements. In the alley there are a number of encroachments of uses perti- nent to the Brand Building. A plat was not received with this application, but there appear to be at least four dumpsters in the alley right -of -way and other utility installations - gas, water, electric - which appear to be encroaching into the alley. It is desireable both from a public safety standpoint (the code requires 20 foot wide emergency access) and from the standpoint of general ability to make the best use of alleys, to have these encroachments removed from the alley. It does not appear that these encroachments are licensed. It may not be appropriate to be granting conditional use approvals to a structure which has unlicensed encroachments in the public right -of -way. There has been a problem with roof drainage at the Brand Building which is merely drained onto the surface of the alley where it freezes during winter months, thereby creating an ice hazard. For new construction, a developer would typically install a drywell to drain the roof into. (This was done at the Indepen- dence Lodge Building, also known as the Crossroads Drugs build- ing.) The Engineering Department would like to see this roof drain removed from the alley. The other technique besides a dry well to deal with the water would be to pipe it to the storm sewer in Mill Street. cc: Jay Hammond, City Engineer /Director of Public Services CR /cr /memo_88.62 Dear .r ASPEN /PITRIN PLANNING OFFICE 130 S_ Galena Street Aspen, CO 81611 (3Q3) 925- 2020 Dae: U� This is to inform you that the Planning Office has completed its preliminary review of captioned application. We have determined that your application IS NOT complete. Additional items required include: __V A Disclosure of Ownership (one copy only needed) Adjacent Property Owners List /Envelopes /Postage (one copy) Additional copies of entire application Authorization by owner for representative to submit applica- tion Response to list of items (attached /below) demonstrating compliance with the applicable policies and regulations of the Code, or other specific materials A check in the amount of $ Your application�� complete and we h e scheduled it for review by the on _. We will call you if we need any additional informa "on prior to that date. Several days prior to your hearing, we will call and make available a copy of the memorandum.. Please note that it IS NOT your responsibility to post your property with a sign, which we can provide you for a $3.00 fee. B. Your application is incomplete, we have not scheduled it review at this time. when we receive the materials we have requested, we will place you on the next available agenda. If you have any questions, please call Olw the planner assigned to your case. Sincerely, N PLANNING OFFICE TO: City Attorney City Engineer FROM: Cindy Houben, Planning Office RE: Brand Building - Conditional Use Parcel ID# 2737 - 073 -39 -003 DATE: July 5, 1938 Attached for your review and comments is an application submitted by Jane Ellen Hamilton, on behalf of her client, Harley Baldwin, requesting Conditional Use approval for four residential units, second level, Lots, G, H, and I, Block 88, Brand Building, located at 205 S. Galena Street. Please review this material and return your comments no later than July 25, 1988 in order for this office to have adequate time to prepare for its presentation before P &Z. Thank you. r R I \ .s 4w.( CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: % L D CASE NO. DATE COMPLETE STAFF MEMBER C- PROJECT NAME: Project Addre APPLICANT: Applicant REPRESENTATIVE: Representative' PAID: ` YES NO AMOUNT: 1) TYPE OF APPLICATION: 1 STEP: 2 STEP: 2) IF 1 STEP APPLICATION GOES TO: P &Z CC PUBLIC HEARING DATE: Y1 5 a. VESTED RIGHTS: YES NO 3) PUBLIC HEARING IS BEFORE: )_ P &Z CC N/A DATE REFERRED: INITIALS: Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: Staff Approval: Consent Agenda: Paid: Date: REFERRALS: City Attorney Mtn. Bell School District City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Fire Chief B1dg:Zon /Inspect Envir. Hlth. Roaring Fork Roaring Fork Aspen Consol. Transit Energy Center S.D. Other FINAL ROUTING: City Atty Other: DATE ROUTED: —Z City Engineer N � FILE STATUS AND LOCATION: CASE DISPOSITION BRAND BUILDING CONDITIONAL USE On August conditional restriction conditions 22, 1988 the Brand Building received approval for a use application to remove the 6 month minimum lease on the second floor units. This was approved with the as listed below. On September 12, 1988 the applicants requested approval to condominiumize the units in the Brand Building. At that time the applicants represented that there would not be an employee unit because office space was needed. The staff objected to this and requested that the City Council send the application back before the Planning Commission for an amendment to the Conditional Use approval to waive the 6 month minimum lease restriction. On December 20, 1988 the Planning Commission approved the amendment to the Brand Building Conditional Use application thereby allowing the applicant to remove the representation that there would be an employee unit on site. The applicant will use the existing employee unit space as office space. The office is to be used solely for the purposes of operating the Brand Building Units. The Conditional Use for the Brand Building is approved allowing the removal of the 6 month minimum lease restrictions on the second floor residential units. This approval is with the following conditions: 1. The applicants shall install a trash compactor on their property. 2. The applicant shall apply for an encroachment permit for the roof drainage problem in the alleyway. The existing drainage problem shall be corrected to the satisfaction of the Engineering Dept. 3. The above conditions shall be met by the applicant within six months of the date of this approval or the conditional use permit shall be revoked. However, the applicant has 12 months in which to satisfy condition # 2 above. 4. if an improvement district is formed the applicant shall join the district. In addition the Planning Commission sent the City Council a resolution requesting the formation of an alley improvement district for the Brand Building alley. The purpose of the improvement district is to correct the trash, drainage, traffic and parking problems of the alley. ch.bbcu RONALD GARFIELD* ANDREW V. HECHT' WILLIAM K. GUEST, P.C. -* ROBERT E. KENDIG JANE ELLEN HAMILTON eeleo ad.i w New Yuk Bu °eiw admitted w D ftidofCoWmbieBu •edeo admired w N6.ka aad Tex. Bu HAND DELIVERY June 29, 1988 Mr. Tom Baker Aspen /Pitkin Planning office 130 South Galena, 3rd Floor Aspen, CO 81611 RE: Brand Building Dear Tom: Enclosed is the Development Application for Conditional Use Approval of residential dwelling units located above street level commercial uses in the Brand Building (an historic landmark) which are not restricted to six month minimum leases. In conjunction with the Development Application, we have included the following: 1) A letter signed by the Applicant stating that Garfield & Hecht is his authorized representatives. 2) A copy of Applicant's Owners Policy of Title Insurance listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, thus demonstrating Mr. Baldwin's right to submit the Development Application. 3) An 8 1/2 x 11 inch vicinity map locating the Brand Building within the City of Aspen. 4) A check made payable to the City of Aspen in the of $680.00. 5) A list of all property owners located within 300 feet of the Brand Building, the postage prepaid envelopes for which will be provided to your office for mailing at least 10 days prior to the public hearing or at least 15 days prior to the public hearing as required by Section 6- 205(E) of the Code. C JIAd 2 91998 p ¢�� G R FI LD & HECHT, P. ATTORNEYS AT LAW TELEPHONE VICTORIAN SQUARE BUILDING (303) 925 -1936 TELECOPIER 601 EAST HYMAN AVENUE (303) 925 -3008 CABLE ADDRESS ASPEN, COLORADO 81611 ' `GARHEC" GARFIELD & HECHT, P.G. Mr. Tom Baker June 29, 1988 Page -2- 0 Should you have any questions regarding this matter, please do not hesitate to contact us. Sincerely, JEH /emm Enclosure cc: IIarley Baldwin GARFIELD & HECHT, P.C. e Ellen Hamilton ATTA UMERf 1 AND USE APPLICATION FEW 1) Project Name _ Brand Building 2) project Incaticn 205 South Galena St., Aspen; Lots G, II and I, Block 88, City and 'mwnsite of Aar an (indicate street ad d r es s, lot & block comber, legal descripti %here appropriate) 3) Present Zoning CC 4) Iot Size q °a A 5) Applicannt Name, Address & Phone # Harley Baldwin, 330 E. 59th St., Vew York, W 10022 6) Representative's Name, Address & phone # Jane Ellen Hamilton, Garfield & Hecht P.C. 601 E. Hyman Avenue, Aspen, CO 81611 (303) 9 25 -1936 7) Type of Application (Please check all that apply) : X Oonditional Use Conceptual SPA Oonoeptual Histori Dev. Special Review Final SPA Final Historic Dev. _ 8040 [reanl i ne Conceptual PUD Minor Historic Dev. Stream Margin Final PUD Historic Demolition Motmtain view Plane _ Subdivision Historic De=signation pqdomin Text/Map Amendment GMS Allotment ! _ Iot Split/Int ism _ GK)S Emmp Adjustment Desaripticn of Ensting' Uses (mmbPr and type of ensting st nx tares; 8) approximate s4• ft.; comber of bedrooms; any previous approvals granted to the property)- street l e vel al iises r - level r siden4 -ial imits' 4 ci w hich are limited to 6 month miniimun leases (see 10/2/86 Planning and Zoning Approvals) 9) Descripti of Development Application Conditional use approval rarmwing =, imeul lease requirements lo) Haye you attached the followiurf? ✓� R2Spam to Attachment 2, Mmimm Sd3nissian Cm*"Its Response to Attachment 3, Specific Submission Om*mts Response to Attadmant 4, Review Standards for Your Application \ VI.r;INITY MAP �iUL� THE BRAND CONDOMINIU�IA' \ \ SCALE I"=20.0 4 " . o s a 0 c\ \ 1p I. INTRODUCTION The Applicant, Harley Baldwin, is the owner of the real property known as the Brand Building, 205 South Galena Street, legally described as Lots G, H and I, Block 88, City and Townsite of Aspen, Pitkin County, Colorado ( "the Property "). The Applicant hereby seeks conditional use approval for residential dwelling units which are located above street level commercial uses in historic landmarks which are not restricted to six (6) month minimum leases, pursuant to Section 5- 209(C)(9) of the Land Use Regulations of the Aspen Municipal Code (the "Code "). II. BACKGROUND The Brand Building is listed on the National Register of Historical Places. The Building currently is composed of street level commercial uses and seven (7) apartments and appurtenant recreational facilities on the second floor. Four of the apartments are currently restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, pursuant to a grant of conditional use approved by the Aspen Planning Commission ( "Commission ") on October 2, 1986. The new amended Code, effective May 25, 1988, makes it possible for a landowner such as the Applicant to request conditional use approval for residential dwelling units in historic landmarks located above street level commercial uses which are not restricted to six (6) month minimum leases, an option not ? available to a landowner under the former Aspen Land Use Code. III. CRITERIA FOR CONDITIONAL USE APPROVAL The Code states in Section 7 -301 that "conditional uses are those land uses which are generally compatible with the other permitted uses in a zone district, but which require individual review of their location, design, configuration, intensity and density in order to insure the appropriateness of the land used in the zone district." In determining whether or not a particular application is appropriate for the grant of a conditional use approval, the Commission must consider whether or not all of the following standards are met: 1) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan and with the intent of the zone district in which it is proposed to be located; and 2) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and 3) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odors on surrounding properties; and 4) There are adequate public facilities and services to serve the conditional use, including but not limited to, roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems and schools; and 5) The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of the Aspen Land Use Regulations. (See Section 7 -304) A. Aspen Area General Plan. The Aspen Area Comprehensive Plan of 1966 states that a residential dwelling is appropriate in the central commercial area and central business areas because of the Plan's emphasis on encouraging varied and interesting development in established areas. The 1973 Aspen Land Use Plan states that the primary use of the central area of Aspen should be activities which relate well to the public transportation system, the ski area and tourist oriented businesses. Although the 1973 plan states that residential uses should be located on the fringe of the central business area, experience has shown that residences in the central part of town have proven popular and exist in large numbers. The Property is located in the Commercial Core (CC) Zone District. The purpose of the CC zone district is to allow the use of land for retail and service, commercial, recreation and institutional purposes with customary accessary uses to enhance the business and service character in the central business core of the City. (See Section 5- 209(A)) The Code also states that residential uses may be appropriate in the CC zone district as conditional uses. Applicant's proposed conditional use is consistent with the intent of the CC zone district. There are already a number of historically designated buildings in the CC zone with dwelling units located in them. In 1986, the City of Aspen approved a Code amendment allowing non - accessory dwelling units as a conditional use for designated historic structures in the CC zone district, recognizing that there were legitimate problems regarding the viability of second floor commercial uses in the downtown area. Further, the City found that adding dwelling units to permitted uses for historically designated structures would provide new incentives for historic preservation. In addition it was noted that some people prefer to live in the downtown area and that residents living above ground level commercial uses let :WM "vitality" to the downtown area because of attendant upper level landscaping and use of outdoor areas. Therefore, granting Applicant's request for conditional use approval would be consistent with the zoning regulations affecting the Property and would not be inconsistent with the Aspen Area Comprehensive Plan. B. Compatibility With Immediate Vicinity. Applicant's proposed use is consistent and compatible with the character of the immediate vicinity of the Property. As noted above, three (3) of the seven (7) apartments are already permitted to be leased with no minimum rental restrictions so removing the minimum lease restrictions from the remaining four (4) apartments would be consistent. Further, as noted above, residential uses above first floor levels are common in the area. The removal of the minimum lease restrictions from Applicant's property will have no effect on any current residents, for although Applicant has adhered to the lease restrictions when renting the apartments, to date none of the apartments have been used as a primary residence. Thus, those people who have leased the apartments for a minimum of six (6) months as required by the Deed Restriction placed of record at Book 532 Page 108 of the Pitkin County real estate records (a copy of which is attached as Exhibit " A " ) still use the apartments on only an intermittent basis. Thus, removal of the lease restrictions will not displace any long -term residents. C. Minimization of Adverse Impacts Granting approval to Applicant's proposed conditional use will not create any visual impacts, pedestrian or vehicular circulation impacts or create any adverse parking, trash, service delivery, noise, vibrations or odor impacts on surrounding properties because the conditional use applied for is no different from the actual current use of the Property. As stated in Section 5- 209(E), there are no off - street parking requirements for residential uses in historic landmarks. Thus, Applicant is not currently required to provide off - street parking nor would grant of his conditional use application require him to provide any off - street parking. e D. Availability of Public Facilities and services. As all adequate public faciliti exist for the Brand Building, the conditional use application will not such public facilities. Therefore, sewer, solid waste, parks, police, medical services, hospital and medical and school services are available Building. es and services currently approval of Applicant's change the availability of all roads, potable water, fire protection, emergency services, drainage systems to tenants of the Brand -3- E. Compliance With Additional Standards. The proposed conditional use complies all additional standards imposed by the Aspen Area Comprehensive Plan and any other applicable requirements of the Aspen Land Use Regulations. IV CONCLUSION As demonstrated above, Applicant's proposal conforms with all of the conditional use standards set forth in the Code. Therefore, Applicant respectfully requests conditional use approval for residential dwelling units located above street level commercial uses in his historic landmark building which are not restricted to six month minimum leases. 4- J e Ellen Hamilton, orney for Applicant -4- I, Harley Baldwin, hereby authorize Garfield & Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado (925 -1936) to act on my behalf as my authorized representative in all aspects required by my Development Application. Dated: J /toe oA Harley Baldw' 330 East 59thI Street New York, NY 10022 (212) 593 -1155 i. American Land Title Association Commitment - MOf 10/73 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land. ; t} rlttad4 16lf0to,io in $chedule A, upon payment of the .. premiums and charges therefor; all subs t0 ifs pro onsof.Sehed les A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective of the policy or policies committec either at the time of the issuance of t This Commitment is preliminary to liability and obligations hereunder s or when the policy or policies core failure to issue such policy or polici valid or binding until countersigned I: vyhgnIhe.iderrtittr of4he proposed Insured and the amount 11 a l . 'd,_iN Schedule A hereof by the Company, rmrptitmerai or fay sj{ ' uent endorsement. ssuance of sucht polity or policies of title insurance and all and termietete six months after the effective date hereof d for shall isWe, whichever first occurs, provided that the rttAhe faulvef,the Company, This Commitment shall not be authorized`Offieer or agent. IN WITNESS WHEREOF, the Comp#t}+ir has caused this Commitment to be signed and sealed, to become valid when countersigned by ah- authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." STEWART TITLE O.IIAHANTY ANY aQ' pRPpq '•'>`�� Chairman of the Board {, o_ �r�o : President Countersigned by Authorized Signatory Serial No. C -1601- 144043 165 25M 7 -87 SCHEDULE A Order Number: I c_, p' = Commitment Number: 1. Effective date: H7v 24 17?'N At 8:00 A,M. 2. Policy or Policies to be issued: Amount of Insurance A. ALTA Owner's Policy $ TBD Proposed Insured: Harley Baldwin B. ALTA Loan Policy IS Proposed Insured: Premium TBD C. $ 1 The estate or interest in the land described or refereed to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in Harley Baldwin 4. The land referred to in this commitment is described as follows: Lots G, H and 1, Plock 88, CITY A!JD TOWNSITE OF ASPEN County of F'itE:iri, State of Colorado Authorized Countersign adire Page 2 1652125M 111871 U STEWART TITLE GUARANTY COMPANY SCHEDULE B — Section 1 Order Number: L6 0I5 Commitment Number: Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: Release of Deed of '-'rust: dated August 9, 1976, executed by Harley Baldwin, aka Harley A. Baldwin, to ?he Public_ Trustee of Pitkin Count to secure an indebtedness of $560,000.00, in favor of Maiestic Savings and Loan Association, recorded August. 9, 1 976 in Book 31.5 at Page 251 as Reception No. 186030. NOTE: Assignment of Rents recorded August 9, 1976 in Book 315 at Page 255 as Reception No. 180 given in connection with the above 'geed of Trust. 3. Certificate of Satisfactitm issued by the Clerk of the Court, of judgement in favor of Ronald Weissman, against Harley Baldwin, in the amount., of $1,000.00, plus court costs, interest and attorneys fees entered in Civil Action No. 79 C 090, County Court, Pitkin County, transcript of which was recorded August 8, 1980 in Book 392 at Page 848 as Reception No. 225844. 3. Duly acknowledged release by Chemical Bank, a New York banking corporation, Mortgagee, of Mortgage from Harley Baldwin in favor of Chemical Bank, in the amount of $400,000.00, dated November 12, 1985, recorded November 14, 1485 in Book 498 at Palle 994 as Reception No. 273090. 4. Duly acknowledged release by Chemical Bank, a New York banking - :nrporation, Mortgagee, of Mortgage from Harley Baldwin in favor of Chemical Bank, in the amount of $500,000.00, dated May 14, 1986, recorded May 16, 1986 in Doek 510 at Page 998 as Reception N--. 2790 NOTE: Agreement of Consolidation and Modification of Mortgage recorded May 16, 1986 in Book `11 at Page 18 as Reception No. i'e mination St,al:ernent t' Financing Statement from C.T. Knight, inc, 1 /b /a C•untry Flower and /or' Rachel Collection, debtor(s), to f;:.trley Baldwin, secured party, recorded October 10, 1986 in Boos. 520 at Page 535 as Reception No. 282272, Filing No. 10284, giving notice of a security interest pursuant. tro the Unitorm Commer. "ial Code. 6. Ref e a. - e by the Shi =riff of ttie County of Pitkin, of levy in Civil Action No. Not Stated ", in the Small Claims Court of the ('ounty •_4 Pitkin, Ronald L. Weissman, Plaintiff(s), vs. Harley Sze Continuation Page STEWART TITLE 1653 (25M 3186) Page 3 GUARANTY COMPANY A.�.. CONTINUATION SHEET SCHEDULE B- Section 1. Order Number: 160'31) Commitment Number: Baldwin, Defendant(s), recorded December 12, 1980 in Book 401 at Fsae 341 as Reception No. 229457. Page STEWART TITLE 0055 (.QOM 10-87) GUARANTY COMPANY SCHEDULE B — Section 2 Exceptions 16035 Order Number: Commitment Number: The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires f reco for value th a tate or interest or mort a e there n covered by this Commitment. 6. Any ar�d a -d1 urioai� Taxes and ass Psments and any unredeemed tax sales. 7. The effect_ of inclusions in any general or specific water conservancv, fire protection, soil conservation or other district or inclusion in anv_ water service or street improvement area. 8. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 9. Terms, conditions, obligations and restrictions as set forth in Encroachment Agreement between the City of Aspen and Harley Baldwin, recorded January 21, 1986 in Book 503 at Page 726 as Reception No, 274958. 10. Terms, conditions and restrictions as set forth in Deed Restriction for the Brand Building Conditional Use Apartments, recorded March 25, 1987 in Book 532 at Page 108 as Reception No. 287128. 11. Any and all Leases and Tenancies. (Leases evidenced by documents recorded March 25, 1987 in Book 532 at Page 108 as Reception No. 28 7128, and recorded June 6, 1978 in Book 349 at Page 333 as Reception No. 201610 et.al.) NOTE: Policies issued hereunder will be subiect to the terms, conditions, and exclusions set forth in the ALTA 1987 Policv form. Copies of the 1987 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. Exceptions numbered 1654 (25M 11 /87) are hereby omitted. Page 4 STEWART TITLE GUARANTY COMPANY w a F� N Fa CY) rl •, � N N U k x� X m� m E STEWART TITLE OF ASPEN, INC. 602 E. HVMAN • ASPEN, COLORADO 81611 • (303) 925 -3577 June 8, 1988 Garfield and Hecht 601 East Hyman Aspen, Co. 81611 Attn: Jane Ellen Hamilton Re: Adjacent owners search (Our Order No. 2655AB) Dear Jane, Attached is a list of owners of property within 300 feet of Lots G, H and I, Block 88, Aspen (The Brand Building). Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc., neither assumes, nor will be charged with any financial obligations or liability whatever on any statement contained herein. If I can be of any further assistance, please give me a call. Sincerely, Peter P. Delany (/ L Title Examiner OWNERS WITHIN 300 FEET OF LOTS G, H AND I, BLACK 88, ASPEN Block 80 Aspen Bancorp, Inc. 119 S. Mill St. Aspen, CO 81611 Block 81 Mill Street Plaza Associates 434 East Cooper Aspen, CO 81611 City of Aspen /Wheerler Opera House 130 S. Galena Aspen, CO 81611 Block 87 Chitwood Plaza Company C/O David J. Myler 106 S. Mill St. Suite 202 Aspen, CO 81611 The Maddalone Family Trust C/O Central Bank of Grand Junction 2265 Tanglewood Rd. Grand Junction, Co. 81503 M & W Associates 433 East Cooper St. Aspen, CO 8161.1 Aspen Fire Protection District 420 East Hopkins Aspen, CO 81611 Marjorie P. Jenki.nson 403 West Hallam St. Aspen, CO 81611 C. Associates C/0 i. MCA Cunninqham Box 11629 Aspen, CO 81612 Block 88 Aspen Hardware and Supply, Inc 204 S. Mill St. Aspen, CO 81611 Laura Donnelley Box 589 Aspen, CO 81612 Mountain Enterprises 80B 4001 Clasen Blvd. Oklahoma City, Ok 73118 Duvike Condos William R. Dunaway P.O. Box E Aspen, CO 81612 Sabbatini Sport, Inc. 208 South Mill St. Aspen, CO 81611 Yurt and Lotte Bresntz Box 70 Aspen, CO 81612 Walter F. Hanysel, Jr. Box 1034 Aspen, CO 81612 George Vicenzi Box 2238 Aspen, CO 81612 Albert Kern 430 E. Hyman Aspen, CO 81611 Levant America C/O Colonial Naviaqation Co. 17 Battery Place #2246 New York, N.Y. 10004 Barbara G. Seidel 3378 North Lake Drive Milwaukee, Wi Co- Ordinated Liquor Services 210 S. Mill St. Aspen, CO 81611 Block 89 B & K Associates 308 S. Mill St. Aspen, CO 81611 Robert L. Zupancis & Stanley Kopp 312 S. Hunter Aspen, CO 81612 Birkwood Associates Box 3421 Aspen, CO 81612 Lis G. Sorensen P.O. Box 4994 Aspen, CO 81612 Roarinq Fork Condo (in Block 89) Bruce E. Carlson Box 3587 Aspen, CO 81612 Roaring Fork Arms (Block 89) Robert Brower 423 East Hyman #C -1 Aspen, CO 81611 Loma Alta Corp. 6210 North Central Expressway Dallas, Tx 75206 Richard A. Galvim 2635 North Terrance Ave. Milwaukee, Wi Amelia L. Kopp Box 100 Aspen, CO 81612 Fritz & Erika Lindner Graf Eberstein STR7 7570 Baden -Baden Ebersteinburg, West Germany Frank J. Woods III Suite 301A 205 S. Mill St. Aspen, CO 81611 James D. & Anthony E. Cox C/0 Aerscape Ltd. 314 S. Mill Aspen, CO 81612 International Lace, U.S.A. Ltd. 675 E. Cooper Ave Aspen, CO 81611 Theodore A. Koutsoubos Paragon Enterprises 419 E. Hyman Aspen, CO 81611 4. Joan L. Klar Box 722 Aspen, CO 81612 Charles W. Racine Box E -2 Snowmass Village, Co 81615 Block 93 The Archdiocese of Denver No Address Available in Public Records (St. Mary's Church, Main & Hunter, Aspen, Co. 8161].) Margaret A. Conner 534 East Hopkins Aspen, CO 81611 Block 94 W.G. Bullock Grant E. Bullock Lavone Kay Staton Lois Ann Hartman John E. Mc Nulty P.O. Box 609 Glenwood Springs, Cc Aspen Plaza Co. Box 1709 Aspen, CO 81611 Mason & Morse, Inc. 514 E. Hyman Av Aspen, CO 81611 Block 95 81601 Arcades Associates, Ltd. C/O AAirscape Ltd. 314 S. Mill Aspen, CO 61611 Christine DiBartolo 104 Magnolia Lane Covinqton, LA 70433 City of Aspen 130 S. Galena Aspen, CO 81611 Warren J. Conner, Geraldine Conner, Margie Ann Conner Johnson, Claude Conner 534 E. Hopkins Aspen, CO 81611 Maurice Beririo Suite 912 3475 Mountain St. Montreal, Quebec Canada H3G2A4 BPOE #224 P.O. Box 327 Aspen, CO 81612 William G. Clark 1060 W. North Shore Av Chicago, IL 60626 T & E Restaurant Corp. Box 4069 Aspen, CO 81612