HomeMy WebLinkAboutLand Use Case.CU.205 S Mill St.A80-94CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 10 1 94 PARCEL ID AND CASE NO.
DATE COMPLETE: 0 2737- 182 -25 -005 A80 -94
STAFF MEMBER: KJ
PROJECT NAME: Chesapeake Bagel Conditional Use Review
Project Address: Hunter Plaza Building
Legal Address:
APPLICANT: N i `° PreveY` - 925 = 832- /-I'(h-� Y (1
Applicant Address: 205 S. Mill Suite 301A. Aspen. 0
REPRESENTATIVE: Vann 925 -6958
Representative Address /Phone: 230 E. Hopkins
Aspen, CO 81611
/1-ssc
FINAL ROUTING:
DATE ROUTED:
IAL:
City Atty _ City Engineer _Zoning _Env. Health
Housing _ Open Space Other:
FILE STATUS AND LOCATION:
w���,
FEES: PLANNING $ 978
# APPS RECEIVED
2
ENGINEER $
# PLATS RECEIVED
2
HOUSING $
ENV. HEALTH $ 60
TOTAL $ 1038
TYPE OF APPLICATION: STAFF
APPROVAL:_ 1 STEP: X 2
STEP:
P &Z Meeting Date 27/ PUBLIC HEARING: YES
NO
VESTED RIGHTS: YES
NO
CC Meeting Date
PUBLIC HEARING: YES
NO
VESTED RIGHTS: YES
NO
DRC Meeting Date
---------------------------------------------------------------
---------------------------------------------------------------
REFERRALS:
City Attorney
Parks Dept. School
District
t
City Engineer
Bldg Inspector Rocky
Mtn NatGas
Housing Dir.
Fire Marshal CDOT
Vj1
Aspen Water
Holy Cross Clean
Air Board
1'
City Electric
Envir.Hlth.
Mtn. Bell Open S
ACSD :Xt other
c Board
Zoning
Energy Center Other
DATE REFERRED: b
INITIALS: � W ) DUE:
FINAL ROUTING:
DATE ROUTED:
IAL:
City Atty _ City Engineer _Zoning _Env. Health
Housing _ Open Space Other:
FILE STATUS AND LOCATION:
w���,
a
MENOPAMDUM NOV - 41994
To: Kim Johnson,-Planning Office
From: Betsey Kipp, Environmental Health Department
Through: Lee Cassin, Senior Environmental Health Officer ,�fiC--
Date: Nov.2, 2994
Re: Chesapeake Bagel Conditional Review
ID #2737- 182 -25 -005
The Aspen /Pitkin Environmental Health Department has reviewed the
Chesapeake Bagel conditional use review land use submittal under
authority of the Municipal Code of the City of Aspen, and has the
following comments.
SEWAGE TREATMENT AND COLLECTION: Section 11 -1.7 ")t shall be unlawful for
the owner or occupant of any building used for residence or business purposes within the city to construct or
reconstruct an on -site sewage disposal device."
The plans must provide wastewater disposal through the central
collection lines of the Aspen Consolidated Sanitation District
(ACSD) . The ability of the Aspen Consolidated Sanitation District
to handle the increased flow for the project should be determined
by the ACSD.
A conditional of approval for this application will be to a
obtain a letter from ACSD documenting septic service for this
restaurant.
ADEQUATE PROVISIONS FOR WATER NEEDS: Section 23 -55 "ALL buildings,
structures, facilities, parks, or the Like within the city limits which use water shall be connected to the
municipal water utility system."
The provision of potable water from the City of Aspen system is
consistent with Environmental Health policies ensuring the supply
of safe water. The City of Aspen Water Department shall determine
if adequate water is available for the project. The City of Aspen
water supply meets all standards of the Colorado Department of
Health for drinking water quality.
A condition of approval will be to obtain an agreement from
the Aspen Water Department to serve this establishment.
WATER QUALITY IMPACTS: Section 11 -1.3 "For the purpose of maintaining and
protecting its municipal water supply from injury and pollution, the city shall exercise regulatory and
supervisory jurisdiction within the incorporated limits of the City of Aspen and over all streams and sources
contributing to municipal water supplies for a distance of five (5) miles above the points from which municipal
water supplies are diverted."
1
This application is not expected to impact down stream water
quality.
AIR UALITY• Sections 11 -2.1 "it is the purpose of [the air quality section of the
Municipal Code] to achieve the maximum practical degree of air purity possible by requiring the use of all
available practical methods and techniques to control, prevent and reduce air pollution throughout the city..."
The Lard Use Regulations seek to "lessen congestion" and "avoid transportation demands that cannot be met" as
well as to "provide clean air by protecting the natural air sheds and reducing pollutants ".
The conversion of a small area from retail to restaurant use is not
expected to contribute significantly to air pollution. This is
especially true in that it is in an area well - served by buses and
within convenient walking distances to offices.
FIREPLACE /WOODSTOVE PERMITS The applicant must file a
fireplace /woodstove permit with the Environmental Health Department
before the building permit will be issued if any fireplace or
woodstove is to be installed. Metropolitan areas of Pitkin County
which includes this site may have two department certified devices
and unlimited numbers of decorative gas fireplace appliances per
building. Wood burning fireplaces are not permitted, nor may any
heating device use coal as fuel. Exhibit 7 which shows the
proposed floor plan for Chesapeake Bagel Bakery indicates that
there will not be any certified woodburning devices or gas
appliances.
A condition of approval will be to file a fireplace / woodstove
application if any such devices are proposed in the
restaurant.
FUGITIVE DUST A fugitive dust plan will not be required.
DEMOLITION Not applicable.
UNDERGROUND PARKING Not applicable.
NOISE ABATEMENT: Section 16 -1 "The city council finds and declares that noise is a
significant source of environmental pollution that represents a present and increasing threat to the public
peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors.
.....Accordingly, it is the policy of council to provide standards for permissible raise levels in various areas
and manners and at various times and to prohibit noise in excess of those levels."
During construction, noise can not exceed maximum permissible sound
level standards, and construction cannot be done except between the
hours of 7 a.m. and 10 p.m.
It is very likely that noise generated during the construction
phase of this project will have some negative impact on the
neighborhood. The applicant should be aware of this and take
2
measures to minimize the predicted high noise levels.
FOOD SERVICE REQUIREMENTS "The Rules and Regulations Governing the
Sanitation of Food Service Establishments in the State of Colorado"
require that new and /or extensively remodeled food service
establishments need to submit to the Environmental Health
Department detailed plans and specifications. The assigned Health
Officer will review the plans, make a site visit, and consult with
appropriate restaurant personnel before and during the construction
phase. At least 2 weeks should allowed for plan review. A pre -
opening inspection is also required before the establishment may
operate. The applicant stated that a grill will not be required.
The City of Aspen has strict standards concerning grills and
appropriate ventillation.
A condition of approval will be that the applicant files
a plan review with the Environmental Health Department
and that a grill will not be used.
In addition, the central restrooms in the Hunter Plaza Building
will be inadequate to service both Mezzaluna (seating for 100) , and
the Chesapeake Bagel Bakery (seating for 30). The "Uniform Plumbing
Code" requires a ratio of 2 water closets for 51 -150 men, and 2
water closets for 51 -150 women. Another water closet will have to
be added to the men's room. Consideration should be given to an
alternative plan which would be to install separate toilet
facilities to service Chesapeake Bagel only.
A condition of approval will be that the applicant must
increase the restroom facilities.
..._ENV:WP:I.AND_USE:Chesapeake Bagel
PUBLIC NOTICE
RE: CHESAPEAKE BAGEL BAKERY CONDITIONAL USE REVIEW FOR A
RESTAURANT IN THE C -1 ZONE DISTRICT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, November 22, 1994 at a meeting to begin at 4:30 pm before
the Aspen Planning & Zoning Commission, 2nd Floor Meeting Room,
City Hall, 130 S. Galena, Aspen to consider an application
submitted by Hunter Plaza Associates, 205 S. Mill St., Aspen, CO,
requesting approval of a Conditional Use Review to allow a bagel
bakery /restaurant with seating for approximately 30 people in the
C -1 Zone District. The restaurant will be located in the Hunter
Plaza Building, southerly portion of Lots K and L, and all of Lots
M, N and 0, Block 100, City and Townsite of Aspen . For further
information, contact Kim Johnson at the Aspen /Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920 -5100.
JBruce Kerr, Chairman
Planning and Zoning Commission
C
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VANN ASSOCIATES
Planning Consultants
October 7, 1994
HAND DELIVERED
Ms. Kim Johnson
Community Development Department
130 South Galena Street
Aspen, Colorado 81611
/ 1
Re: Chesapeake Bagel Bakery Restaurant Conditional Use Review
Dear Kim:
Please consider this letter an application for conditional use review for the Chesapeake
Bagel Bakery restaurant (see Exhibit 1, Pre - Application Conference Summary, attached
hereto). The restaurant proposes to lease space in the Hunter Plaza Building, which is
located at the northeast comer of Hunter Street and Cooper Avenue in the City of
Aspen.
The application is submitted pursuant to Section 7 -302 of the Aspen Land Use Regulations
by Hunter Plaza Associates, the owner of the property (see Exhibit 2, Title Commit-
ment), on behalf of Jackie Bogle and the Chesapeake Bagel Bakery restaurant, the
prospective lessee. Permission for Vann Associates to represent the Applicant is
attached as Exhibit 3. An executed application fee agreement is attached as Exhibit 4.
Project Site
The Hunter Plaza property consists of the southerly portion of Lots K and L, and all of
lots M, N and O, Block 100, City and Townsite of Aspen. The property contains
approximately twelve thousand eight hundred and thirty-five (12,835) square feet of land
area and is zoned C -1, Commercial. Existing man -made improvements to the property
consist of the two (2) story Hunter Plaza Building, which contains approximately twelve
thousand eight hundred and thirty -five (12,835) square feet of floor area. The ground
floor of the building is occupied by the Mezzaluna restaurant and various retail
commercial uses. The second floor is used for business and professional office purposes.
Background
The Hunter Plaza Building successfully competed in the City's 1986 CC /C -1 commercial
growth management quota system (GMQS) competition (see Exhibit 5, City Council
Resolution No. 37 -86). The project received a GMQS allocation of seven thousand two
230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925 -6958 • Fax 303/920 -9310
Ms. Kim Johnson
October 7, 1994
Page 2
hundred and sixty (7,260) square feet of floor area, which was sufficient to construct the
building when combined with the property's existing floor area credit. Please note that
commercial GMQS allocations were measured in terms of floor area until the adoption
of the Aspen Land Use Regu anions in 1988, at which time net leasable area replaced floor
area as the applicable unit of measure.
As condition number 2.1 of the Council's resolution indicates, the project's affordable
housing requirement was to be met via a cash -in -lieu payment. The resulting One
Hundred and Sixty Thousand Dollar ($160,000.00) payment was determined by the
Council to be the equivalent of housing forty (40) percent of the additional employees
generated by the project, or approximately eight (8) low income employees (see Exhibit
6, letter to Steve Burstein). It should also be noted that the minimum affordable
housing requirement in the commercial zone districts in 1986 was thirty -five (35) percent,
and that cash -in -lieu payments were the preferred method of mitigation.
Proposed Conditional Use
The Chesapeake Bagel Bakery restaurant proposes to lease approximately eighteen
hundred (1,800) square feet of space on the Hunter Plaza Building's ground floor. The
space in question, which is depicted on the attached floor plan (see Exhibit 7), was
previously occupied by two retail businesses, Heroes of Aspen and Kristan of Aspen.
As presently envisioned, the lessee will remodel the space to include food preparation
and service areas, and indoor seating for approximately thirty (30) people.
The Chesapeake Bagel Bakery is the nation's oldest and largest chain of bagel bakery
restaurants. The restaurant's menu will feature fresh bagels, hot and cold sandwiches,
soups, salads, deserts, gourmet coffee and various other beverages. The bagels will be
made from scratch on -site and prepared individually as ordered with cream cheeses,
spreads, fruits, vegetables, meats and smoked salmon. Kitchen equipment will be limited
to a bagel oven and various preparation related appliances, microwave and convection
ovens for heating bagels and sandwiches, a walk -in freezer, and other miscellaneous
soup, salad and sandwich preparation equipment. A grill will not be required.
The restaurant will be open to the public from approximately seven in the morning until
nine in the evening. The restaurant will employ two (2) full -time employees (i.e., a
baker and manager) and three (3) part-time employees who will man the service
counters. A maximum of five (5) employees will operate the restaurant from 7:00 AM
to 2:00 PM during peak periods of the year. Staff levels at other times of the day will
vary from two (2) to four (4) employees.
Review Requirements
Pursuant to section 5- 211.C. of the Regulations, a restaurant is a conditional use in the
C -1 zone district. As a result, the Chesapeake Bagel Bakery is subject to review and
Ms. Kim Johnson
October 7, 1994
Page 3
approval by the Planning and Zoning Commission. The specific review criteria for
conditional uses, and the proposed restaurant's compliance therewith, are summarized
below.
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."
To the best of my knowledge, restaurants are not specifically addressed in the
City's new Aspen Area Community Plan. The proposed conditional use, however, is
consistent with the approved use of the property and with the intent of the property's
underlying zone district.
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 vicinity
of the parcel proposed for development."
The proposed Chesapeake Bagel Bakery restaurant is consistent and compatible
with existing land uses in the immediate site area. The area is predominantly
commercial in character, and includes numerous restaurants and a variety of retail
commercial uses. The proposed restaurant will compliment the existing uses in the area,
and will provide an attractive dining alternative which will serve both the local and
tourist population.
3. "The location, size, design and operating characteristics of the proposed condi-
tional use minimizes adverse effects, including visual impacts, impacts on pedes-
trian and vehicular circulation, parking, trash, service delivery, noise, vibrations
and odor on surrounding properties."
The proposed conditional use will have no adverse affect on pedestrian and
vehicular circulation. No obnoxious noise, vibration or odor will be generated which
adversely affect surrounding properties. The space in question is conveniently located
with respect to the Hunter Plaza Building's existing trash area, and is readily accessible
from the alley at the rear of the building for delivery purposes.
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, po-
lice, fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools."
The proposed conditional use will have no adverse impact upon the above public
facilities and services.
Ms. Kim Johnson
October 7, 1994
Page 4
5. "The Applicant commits to supply affordable housing to meet the incremental
need for increased employees generated by the condition use."
As discussed previously, the Hunter Plaza Building's affordable housing
requirement was both determined and met in connection with its receipt of a commercial
GMQS allocation. It should also be noted that the two retail businesses which
previously occupied the space are believed to have employed a minimum of five (5)
employees. No increase in employment, therefore, will result as a result of the proposed
change in the building's tenants.
6. "The proposed conditional use complies with all additional standards imposed
on it by the Aspen Area Comprehensive Plan and by all other applicable require-
ments of this chapter."
The proposed conditional use will comply with all applicable requirements of the
Aspen Land Use Regulations. No additional requirements are believed to be imposed on
such uses by the Aspen Area Community Plan.
Should you have any questions, or require additional information, please do not hesitate
to call. Your prompt attention to this matter, and its timely scheduling for review by the
Planning and Zoning Commission, would be sincerely appreciated.
Yours truly,
Attachments
cc: Anthony J. Mazza
Jackie Bogle
0bus\dty.app`app26594.cu
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EXHIBIT 7
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City of Aspen
Pre - Application Conference Summary
Project a
Applicants err 1 11 Fit
Representative s Phone
Owner'sName
Land Use Code Section Conunenls
EXHIBIT 1
�' 911
i' anner ate
Referral Agencies The review is� &z only) (CC onl�V) (P &'L and CC)
Public Hearing: r) (no) f,
Uclxmsit for the Application Review: – I 7E
Iteferrat agency flat foes -
(Additional hours are Gil at a tale of 6 / v�
r
To Apply Submit the Following hdornmlian;
I. Proof of ownership.
2. Signed fee agreement.
J. Applicant's name, address m:d telephone number in a letter sigocd by the applicant
which aho states the name, address and telc rhouc number of the representative.
A. 'Iota] deptmit for review of the application
5. copies of the cafnp]ete application packet amt ,naps. including
G. Summary letter explaining the request (existing conditions and proposed uses), g
street address and legal description of the properly.
7. An 8 112" by I I" vicinity unaP locating the parcel within the City of Aspen.
8. Site plan shall include properly boundaries, lot size, proposed access, and physical
features (Jrainageways, streams, rivers, etc.)
9.
ill.
These items nee([ to be submitted if circled:
a. List or adjacent property owners within M) feet of the subject property with addresses.
Site photos.
C. Proof of legal access to the parcel.
d. Historic Preservation Commission review /approval.
The applicant has been requested to respond to file following 'teas anu yiov,ac ��•� •�••�^ ••6
reports:
:JL v17 d �� 3� r;Tl.i.v i.VUril :,.t H- atiati,�Hrfr,H
® Commonw��,.,�m
Land Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: 06/01193 at 08:30 A.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form B -1970
(Nay. 10.77.70 8 90.17.64 or 10.21.87)
Proposed Insured:
r. l
EXHIBIT 2
Case No. PCT -7834
AmountS
Premium$
tb) ALTA Loan Policy, Amount$ 2,900,000.00
kRev. 10-21.87) Premium$ 3
Proposed Insured:
NORWEST SANK OF ASPEN, NATIONAL ASSOCIATION, AND /OR ASSIGNS
Tax Cert. $ 20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effec" ve date hereof vested
in:
HUNTER PLAZA ASSOCIATES, A COLORADO GENERAL PARTNERSHIP
4. The land LcLetred tv in this Commitment is described as follows:
See Attached Exhibit "A"
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A -Pn.1.
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unla.Rs the Insuring
303- 925 -1766 Provisions and Schedules
Fax 303- 925 -6527 A and B are attached.
Authorized off
or agent
Post -V brand fax transmittal memo 7871 I# of Vain
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Uj .`vaaa111VY1 W(;aj �,�
Land Title Ircurance Company
EXHIBIT A
LOTS K, L, M, N ANI1 O, IN BLOCK 100, CITY AND TOWNSITE OF ASPEN.
EXCEPT THE t'UL.LOWING PORTION THEREOF:
A PARCEL OF LAND BEING PART OF LOTS K, L AND M, BLOCK 100, ASPEN,
COLORADO. SAID PARCEL IS MORE FULLY DESCRIBED AS FOT,?,OWS:
BEGINNING AT THE NORTHWEST CORNE OF SAID LOT K;
THENCE S 7 5 0 09'11" E 62.44 FEET ALONG THE NORTH LINE OF LOTS K, L AND
M TO THE CENTER OF A pIASONRY WALL;
THENCE S 14 9 50'49" W 32.24 FEET ALONG THE CENTER OF SAID WALL;
THENCE N 75'09 W 16.30 FEET AT-(WC THE CENTER OF A MASONRY WALL•
THENCE S 1 4 0 50'49" W 4.16 FEET ALONG THE CENTER OF SAID WALL;
THENCE N 75 ° 09' , '
POINT ON T 11 W 46 4 FEET ALONG THE CENTER OF SAID WALL _'0 A
HE WESTERLY LINE OF SAID LOT K;
THENCE N 14 0 50'49" E 36.60 BEET TO THE POINT OF BEGiN2,ING,
COUNTY OF P ?TRIN, STATE OF COLORADO.
6..n. ..M
UL ti' '3_z :34 Pi i k 1 it CWI ;7 T: TLS HHHHHHHHHHPH P. J%5
® Commanw ';', o
Land Title Insurance Company
SCHED'JLG B — SECTION 1
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:
1. Release by the
Deed of Trust
Partnership to
for the use of
to secure
dated
recorded
reception no.
Public Trustee of the,
from : Hunter Plaza Associates, a
the Public Trustee of the County
: Household Bank, F.S.S.
: $2,950,000.00
: June 23, 1988
: June 23, 1988 in Book 567
: 301414
Colorado General
Of PITKIN
at Page 132
Assignment of Rents and Leases in connection with the above Deed of
Trust recorded Anne 23, 1988 in 567 at 174.
2. Termination Statement for Financing Statement from Hunter Plazd
Associates, a Colorado General Partnership, debtor(s) to Household
Rank, F.S.B., secured party, filed on June 23, 1968, In Book 567 at
Page 184 and continuation thereof recorded April 9, 1993 in Book 708
at Page 415.
3. Copy of tho Trade Name Affidavit or Partnership agreement of Hunter
Plaza Associates, a Colorado General Partnership disclosing the names
of the partnere, and the oLLt r information requires by '73 CRS
7 -71 -101 (1) (1), as amended.
4. Deed of Trust from : Hunter Plaza Associates, a Colorado General Partnershi
to the Public Trustee of the County of Pitkin
for the use of : Norwest Bark of Aspen
to secure : $2,900,000.00
A,— ,+nn
Commonw � "'
Land Title Tnsur he Company '
SCHEDULE B SECTION 2
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, enchroachments,
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
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City of
Aspen of record as follows: "That no title shall be hereby acquired
to any mine of gold, silver, cinnabar or copper or to any valid
miring claim or possession held under existing laws".
8. Terms, conditions, provisions, obligations and all matters as set
forth in Party Wall Agreement recorded April 13, 1 .983 in Book 443 at
Page 332 and in Common Wall Agreement recorded April 30, 1987 in
Book 534 at Page 851.
9. All matters as contained in Encroachment Agreement issued by the
City of Aspen recorded May 18, 1987 in Book 536 at Page 812.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT -71834
ANTIIONY J. MAZZA
FRANK J. WOODS, III
Aspen /Pitkin County
Planning Department
130 South Galena
Aspen, Colorado 81611
Gentlemen:
M & W PROPERITIEs
SuITE 301A
206 SOUTH MILL STREEP
ASPEN. COI RAW 81611
September 23, 1994
EXHIBIT 3
AnnA CODE 303
TKs PRONG 926 -8032
FAx 926 -6996
The undersigned, as Managing Partner of Hunter Plaza
Associates, hereby authorizes Sunny Vann, as agent and representa-
tive, to submit an application for conditional use approval /review
for a Chesapeake Bagel Bakery (a bagel restaurant) in the Hunter
Plaza Building.
As Lessor, the undersigned submits this application on
behalf of Chesapeake Bagel Bakery, as Lessee.
Thank you.
y yours,
Affthony . Mazza
for HUihTER PLAZA ASSOCIATES
AJM:dr
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EXHIBIT 4
ASPEN /PITKIN PLANNING OFFICE
Agreement for Payment of City of f Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to CITY an application for
, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and /or City Council to enable the Planning Commission
and /or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
M
F "\
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 $
which is for 6 hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN APPLICANT
sy: A�aWIRL
Diane Moore
City Planning Director
EXHIBIT 5
RECORD OF PROCEEDINGS
100 Leaves
RESOLUTION NO. - 9
(Series of 1986)
A RESOLUTION GRANTING COMMERCIAL ALLOTMENTS TO
PITRIN CENTER, HUNTER PLAZA AND THE STOREHOUSE BUILDING
THROUGH THE 1986 CC /C -1 GROWTH MANAGEMENT COMPETITION
WHEREAS, in accordance with Section 24 -11.5 (a) of the
Municipal Code as amended, August 1 of each year is established
as a deadline for submission of application for commercial
development allotments within the City of Aspen; and
WHEREAS, in response to this provision, a total of three
applications were submitted for evaluation in the CC and C -1
competition category, listed as follows:
Project
1. Pitkin Center
2. Hunter Pl az a
3. Storehouse Bldg.
;and
GNP Allocation Requested
3,067 sq. ft.
7,260 sq. ft.
3,077 sq.ft.
WHEREAS, a duly noticed public hearing was held by the
Planning - and Zoning Commission (hereinafter "Commission ") on
September 30, 1986 to consider the CC and C -1 GNP Competition, at
which time the Commission did evaluate and score the projects;
and
WHEREAS, all three projects met the minimum threshold of
25.8 points by scoring as follows:
1
RECORD OF PROCEEDINGS
100 Leaves
---------------- --- ------------------- - - - --- -
Project Total Points Given by P &Z (avg.)
Pitkin Center 31.7
Hunter Plaza 30.4
Storehouse Building 29
and
WHEREAS, the quota available in the 1986 Commercial GMP
competition is 14,813 sq. ft. within the CC and C -1 zone dis-
tricts; and
WHEREAS, The Commission considered the representations made
by the applicants in scoring these projects, including but not
limited to the following:
1. Pitkin Center
A. Rusticated sandstone and old or tumbled brick will
be used on the front and side facades of the
building. Final approval of the design by HPC
shall be obtained prior to the issuance of a
building permit.
B. Useable public open space will include a plaza
area with planting beds, high canopy trees, and
benches, and a 5 foot wide mid -block pedestrian
link on the east side of the property.
C. Insulation and solar energy features will be used
as represented in the application.
D. All storm drainage water will be retained on-
site.
E. Two covered parking spaces will be provided on-
site for residential tenants.
F. The 250 sq. ft. trash and utility area will be
paved and screened by a brick wall.
G. A dumbwaiter or separate elevator for food service
will be installed if a restaurant is located on an
upper story of the building.
2
RECORD OF PROCEEDINGS
100 Leaves
H. The applicant will deed- restrict four (4) studio
units in the building to the low and moderate
income employee housing guidelines.•
2. Hunter Plaza
A. Architectural elements of the building will
include a recessed second story, height not to
exceed 28 feet; second floor terrace with land-
scaping and use of brick and terra cotta.
B. The courtyard will contain planting boxes,
ornamented fountain, benches, bike racks, and a
street light. "Snowmelt" will be installed under
exposed aggregate and brick parcels in the
courtyard. A minimum of nine (9) street trees in
tree grates will line Cooper Avenue and Hunter
Street.
C. Curb cuts will be removed from Cooper Avenue and
1 Hunter Street; curb and gutter will be replaced
where required; and a handicap ramp will be
provided at the intersection.
D. Insulation,, solar energy and a high efficiency gas
boiler will be installed as represented in the
application.
E. All storm drainage water originating from the
building will be retained on -site; and the run -off
on the adjacent City right -of -way will mainly be
intercepted by the tree wells and landscaping.
F. The applicant will make a cash -in -lieu payment,
prior to the issuance of a Building Permit to
provide housing for,8.0 low income employees...
3. The Storehouse Building
A. Design elements of the building will include a
height not to exceed 33 feet, breaking up of the
massing, vertical proportions of windows, doors
and dormers and use of brick. The exposed wall of
the Thrift Shop abutting the plaza will be given a
brick facade or another treatment that is accept-
able to the HPC.
3
RECORD OF PROCEEDINGS
100 Leaves
B. Included in the plaza open space will be restaur-
ant seating, planters, bike racks, and street
trees as represented in the application. Snow
melt will be installed under the patterned brick
and concrete plaza and sidewalks.
C. Energy conservation measures including solar
massing, skylights, insulation and an energy
efficient heating and cooling system will be used.
D. A fire hydrant will be installed on the northeast
corner of Galena and Hopkins at the applicant's
expense.
E. All surface run -off will be retained on the site.
F. The applicant will provide a 96 sq. ft. trash and
utilities area, install a trash compactor in the
basement and install a conveyor belt from inside
the service door to the basement storage room.
G. The applicant will make a cash -in -lieu payment,
prior to the issuance of a Building Permit of
$70,000 to provide housing for 3.043 low- income
employees and .687 moderate income. employees.
; and
WHEREAS, the Aspen City Council reviewed the recommended
Aspen Planning and zoning Commission scoring for the three
projects on October 27, 1986 and did pass a motion granting the
allocation of the requested allotments; and
WHEREAS, the Aspen City Council determined that the unused
1985 quota in the CC and C -1 zone districts should not be carried
over because the annual quotas are adequate for the relative
growth needs in those zone districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Aspen,
Colorado that:
4
RECORD OF PROCEEDINGS
100 Leaves
�a) From the available 14,813 sq. ft. of the 1986 com-
mercial quota in the CC /C -1 zone category (1) 3,067 sq.
ft. is allocated to Pitkin Center, (2) 7,260 sq. ft. is
allocated to Hunter Plaza; and (3) 3,077 sq. ft. is
allocated to the Storehouse Building.
BE IT FURTHER RESOLVED by the City Council of Aspen,
Colorado that the above allocations shall expire pursuant to
Section 24- 11.7(a) of the Municipal Code in the event plans,
specifications and fees sufficient for the issuance of a building
permit for the proposed commercial buildings are not submitted on
or before May 1, 1989.
BE IT FINALLY RESOLVED by the City Council of Aspen,
Colorado that the 1,409 sq. €t. which remains unallocated in the
J and CC /C -1 zones category shall not be carried forward.
Dated: 1986.
William L. Stirfing, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk of the
City of Aspen, Colorado, hereby certify that the foregoing is a
true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting to be held
on the �� day of 1986.
Kathryn S.,� och, City Clerk
SB.45'
5
EXHIBIT 6
VANN ASSOCIATES
Planning Consultants
October 30, 1986
Mr. Steve Burstein
Aspen /Pitkin Planning Office
130 South Galena St.
Aspen, Co 81611
Re: Hunter Plaza Commercial GMP Application/
Clarification of Employee Housing Proposal
Dear Mr. Burstein:
The purpose of this letter is to clarify for the
record the Applicant's representations with respect to
the provision of employee housing for the proposed
Hunter Plaza building. As you know, the City Council
concurred with the Applicant's position regarding the
Palazzi property's existing floor area and net leasable
area credits at its October 20th meeting. Consequently,
the net increase in floor area for the new building is
7,260 square feet (i.e. the Applicant's revised GMP
request), while the applicable net leasable area for
employee generation purposes is 5,697 square feet. The
project's original and revised floor area calculations
are summarized below.
DEVELOPMENT DATA
Original
Application
1. Lot Area 12,835 sq. ft
2. Proposed Floor Area 12,835 sq. ft
3. Proposed Net Leasable 11,272 sq. ft.
Area
P.O. Box 8485 • Aspen, Colorado 81612.303'925 -6958
Revised
Application
Same
Same
Same
. - �✓
4. Existing Floor Area 4,710 sq. ft
Credit
5. Existing Net Leasable
4,710 sq. ft
Area Credit
6. 1986 Commercial GMP
8,125 sq. ft
Request
7. Net Increase in Net
6,562 sq. ft
Leasable Area
5,575 sq. ft.l
5,575 sq. ft.'
7,260 sq. ft.
5,697 sq. ft.
'Includes 865 sq. ft. of covered canopy area.
Based on an employee generation factor of 3.5
employees per 1,000 square feet of additional net
leasable area, the building will generate approximately
twenty (20) new employees as opposed to the twenty -three
(23) employees identified in the original application.
The Applicant, however, will continue to pay a
dedication fee which is equivalent to housing forty (40)
percent of the additional employees generated by the
project, or approximately eight (8) low income
employees. The exact amount of the above fee, currently
estimated at approximately $160,000.00, will be
determined in cooperation with the Housing Authority
prior to the issuance of a building permit.
Should you have any questions, or if I can be of
any further assistance, please do not hesitate to give
me a call.
Very truly yours,
VAN ASSOCIATES
P unny nn, AICP
cc: thony J. Mazza