Loading...
HomeMy WebLinkAboutLand Use Case.CU.23226 Hwy 82.25A-87CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED• DATE COMPLETE: PROJECT NAME: -- �% ` ^' Project Address: PARCEL ID AND CASE NO. 71aL-a3-W -025 o2 s19 -8-) STAFF MEMBER: APPLICANT: Applicant Address- REPRESENTATIVE: '� n L > - t Or Representative Address/Phone:- :,' 61 � xn w � p � TYPE OF APPLICATION: F PAID: YE NO AMOUNT: 1 $TEP APPLICATION: P &Z MEETING DATE: ' PUBLIC HEARING: YES NO , DATE REFERRED: �O INITIALS: i 2 STEP APPLICATION: CC MEETING DATE: PUBLIC HEARING: YES NO DATE REFERRED: INITIALS: 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: DATE ROUTED: INITIAL: City Atty City Engineer 1/ Bldg. Dept. Other: ParXi Oift FILE STATUS AND LOCATION: V DEPARTMENT OF HIGHWAYS 222 South Sixth Street, P.O. Box 2107 Grand Junction, Colorado 81502 -2107 (303) 248 -7208 Children's Playshop, Inc. C/o Ruth Stone 611 Fred Lane Aspen, CO 81611 Dear Ms. Stone: 5TATE OF COLORADO October 15, 1987 E Mt 4 The access committee has reviewed your application for access from S.H. 82, near mile post 40, at 23226 East Highway 82. We regret that the committee has denied the application for access for the following reasons. Par 1.3.2 of 2 CCR 601 -1 THE STATE HIGHWAY ACCESS CODE states in part, "In no event shall an access be allowed or permitted if it is detrimental to the public health, welfare, and safety." Par 4.9.1 of 2 CCR 601 -1 THE STATE HIGHWAY ACCESS CODE states, "Permits shall not be issued that include any design element or allow any turning movements where the sight distance is not adequate to allow the safe movement of any motorist using or passing the access." The stopping sight distance for a 35 MPH speed is 350 feet. The proposed access has only 265 feet sight distance to the left. The access committee believes that public health, welfare, and safety would be better served by reestablishing access to the property from Castle Creek Road. If you wish to appeal this decision by the Colorado Department of Highways, you must do so in writing to the Colorado Highway Commission, 4201 East Arkansas Avenue, Denver, CO 80222, within 60 days of this letter. R. P. MOSTON DISTRICT ENGINEER CID:rb cc: Moston Demosthenes Sanburg City of Aspen✓ file ow -k - C. I. Dunn; Jr. Administrator, Access Committee Certified Mail No. P -580 291 608 r^ a . CASE DISPOSITION CHILDREN'S PLAYSHOP CONDITIONAL USE /PUD EXEMPTION On August 18, 1987 the Aspen Planning and Zoning Commission approved the proposed conditional use and PUD /SPA exemptions on an emergency basis for Children's Playsop, Inc. use of the Marolt House subject to the following conditions: a. The Marolt House shall be used as a day care center for a period of time not to exceed one (1) year; b. The day care center shall be limited to a maximum number of forty (40) children; C. A sturdy fence will be erected along the irriga- tion ditch within the yard prior to opening the center; d. The outdoor play areas will be the fenced yard around the house, not including the garage or the Marolt Barn area; e. All physical improvements, including a fence and a sandbox, shall be removed and revegetation shall be accomplished prior to moving from the property to the satisfaction of the City Parks Department; f. A "No Left Turn" sign will be posted by the City with approval by the Colorado Department of Highways for westbound traffic before the drive- way. A "No Left Turn" sign will also be posted on the driveway leaving the Marolt property. The applicant will be responsible for educating the drivers of children of the access restrictions and suggested routes to the site that would be most convenient, such as Power Plant Road to Cemetary Lane to eastbound Highway 82. g. The applicant will help to oversee and maintain the Marolt- Thomas property with such responsibili- ties to b2 negotiated by the City Parks Depart- ment. The above motion passed 5 in favor and 2 opposed. P &Z also passed a motion unanimously to direct the Planning Office to prepare a resolution addressing the following matters for City Council's consideration: 1. Recommending City Council to earmark rental income from Children's Playshop for the open space fund and maintenance of Marolt- Thomas; 2. Indicating to Council P &Z's reservations over approving this conditional use because of the potentially disastrous access problem; and 3. Requesting Council to consult P &Z before discussion and decisions are made regarding open space uses even on an interim basis. maroltcase F , r?V4 h b +%�v�t� i ��t; t�w� i•yr I I I u I, I I 1 _ TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Children's Playshop Conditional Use /Exemption from Mandatory PUD DATE: August 11, 1987 ZONING OF MAROLT PROPERTY: R -15 (PUD)(SPA) DESCRIPTION OF PROPERTY: The Marolt- Thomas Property consists of approximately 74.5 acres at the west entrance to Aspen. The City owned property is primarily used as passive open space with a trail running from the Marolt Bridge to Castle Creek Road. The Marolt House is an old farm house located approximately 1,000 feet south of Highway 82, accessed off the Highway near the Castle Creek Bridge by a gravel driveway. Also on the property are the Community Garden, the Marolt Barn, a temporary utility undergrounding storage area, and sheds used for Parks Department - /Nordic Council storage. APPLICANT'S REQUEST: Ruth Stone, Director of Children's Playshop, Inc., requests conditional use approval and exemption from mandatory PUD to operate a day care center in the Marolt House (and surrounding yard) for a period of time not to exceed one (1) year. Forty (40) children would attend the preschool five days a week during the months of September to May. The only physical improvements planned for the site are a sandbox and temporary fencing along the irrigation ditch which flows around two sides of the house. BACKGROUND: The Marolt Property The City of Aspen purchased the penny and transportation funding. given as a gift to the City. was annexed and zoned in 1979. tract in 1980, utilizing sixth A portion of the land was also A number of uses for the property have been discussed since the City purchased the land. The Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Element, adopted July, 1985, recommends that as a short term priority Marolt- Thomas should be developed as a passive open space area. In 1986, a biodome proposal was approved by the City, conceived as a "farm and garden building" which is a permitted use in the zone district. To date it has not been built. Other ideas for the Marolt- Thomas property continue to be the basis of numerous discussions before both City Council and, to some extent, the Planning and Zoning Commission. �Y On July 13, 1987 City Council unanimously agreed to prepare a contract between Ruth Stone and the City for the proposed short - term use of the house as a day care center. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: The conditional use review requires, according to Section 24 -3.3 of the Municipal Code, that in considering the suitability of the proposed use the Planning and Zoning Commission determine: "(1) Whether the proposed use otherwise complies with all requirements imposed by the zoning code. (2) Whether the proposed use is consistent with the objec- tives and purposes of this zoning code and the applicable zoning district and, (3) If the proposed use is designed to be compatible with surrounding land uses and uses in the area." Section 24 -8.13 allows the Planning and Zoning Commission to exempt a development activity from the full PUD review process if it "determines that the proposed development meets the objectives of planned unit development and therefore compliance with this article is not necessary." While the PUD regulations relate principally to new construction and site improvements, a change in use may be reviewed by implication according to such review criteria as in the following subparagraphs of Section 24- 8.13(a): " (1) Whether there exists sufficient water pressure and other utilities to service the intended development," and "(2) The existence of adequate roads to insure fire protect- ion, snow removal and road maintenance." Section 24 -7.9 of the Code states the SPA amendment procedures, defining substantial amendments, requiring the full (4 step) review process, and minor amendments, authorized by the Planning Director. Regarding minor amendments, Section 24 -7.9 states: "The planning director shall follow the standards of section 24 -8.26 in determining whether or not a change is deemed minor. In the absence of an adopted precise plan, an accurate improvements survey of existing conditions may be substituted to permit evaluation of whether the proposed activity is a minor or substantial change to the site." SPA review criteria for exemptions and amendments are parallel to that of PUD. 2 PROBLEM DISCUSSION: A. REFERRAL COMMENTS: 1. City Engineer: Jay Hammond addressed the following areas of concern in an August 10, 1987 memorandum (attached): a. The driveway entrance onto Highway 82 is poorly situated close to the west end of the Castle Creek Bridge. The potential impact of numerous parents accessing the property twice a day could cause signifi- cant problems given the existing over - capacity situa- tion on the highway. The drop off time of 8:45 to 9:00 AM conflicts with the morning peak traffic flow. The following actions should be considered to deal with the access concern: (1) mandatory carpooling, (2) van service, and (3) instruction to parents to access the site from the west and posting westbound "No Left Turn" signage. b. A proposed fence along the irrigation ditch within the yard is supported. C. Occasional trucks access to the utility under - grounding storage area is required. Signs would be posted warning of children in the area of the house. 2. City Attorney: In an August 11, 1987 memorandum (at- tached) the City Attorney explained that the issue of uses legally allowed on land purchased with open space fund is not the appropriate focus of P &Z's review. He affirmed that the condi- tional use, PUD and SPA provisions all do apply to this case. The City Attorney verbally concurred on August 14 with the way in which staff has proposed to handle the review procedures. B. STAFF COMMENTS: The Planning Office offers the following comments: 1. The broadest question of the conditional use review is whether the proposed day care use is compatible with the existing use of the house and the surrounding area. The applicant has presented the argument that the day care use is very similar to, if not incorporated within, the general category of "recreational use." It is plausible that a number of activities of a day care center are recreational, and would be highly appro- priate for field trips to the Marolt- Thomas property as a natural area. The operation of an independent, for - profit business that does not function as an accessory 3 use for the property is a more problematic aspect of the use issue. Furthermore, the use conflicts with the Open Space Plan Element recommendations that the property remain passive open space. The historic use of the house has been single - family residential, which is a permitted use in the zone district. This use has significantly less impact than the proposed conditional use, in our opinion. It should be noted that in recent years tenants have had responsibility for overseeing and maintenance of the Marolt- Thomas property, which is accessory in nature to the open space use. Mitigating factors include the interim nature of the use and the relatively isolated location of the use on the site. The one year time frame limits the duration of impacts both on -site and off -site. And the location of the Marolt House is such that bicycle and pedestrian trails are not effected, Nordic skiing trails can be set in the winter without much interference, and storage uses can easily coexist. The day care center is clearly a highly important service to the community, as the applicant and numerous parents have attested. However, location of the proposed use on the Marolt property challenges the open space concept of that property with the possibility that other uses unrelated to open space would follow. Good planning, in our opinion, calls for the City to amend the Open Space /Trails Plan Element and develop a PUD /SPA plan for the property that determines appropri- ate uses. Perhaps day care would be one of these uses. City Council continues to discuss the subject. Nonetheless, our current mode of operation is without a PUD /SPA plan, but with an Open Space /Trails Plan Element. In staff's opinion, the day care center is not compatible with the current open space use. 2. The access concern raised by the City Engineer is another important consideration in the determination of whether the day care use is compatible. We agree that there should be some measure taken by the applicant to reduce the number of vehicles accessing the property, as well as instruction and signage to not allow left turns on or off Highway 82. Attachments C and D show peak ski season traffic volumes along Highway 82. Indicated on Attachment D is that traffic is over capacity on the 2 lane Castle Creek Bridge from about 7:30 AM to 6:00 PM. Therefore, any drop -off and pick -up time will probably conflict 4 with heavy traffic. Drivers of the day care children coming from Aspen should use Power Plant Road to Cemetery Lane, then east on the Highway to arrive at the Marolt House. No left turns leaving the driveway will cause all drivers to go into Aspen. This will inconvenience some, but greatly reduce inconvenient and, to some extent, dangerous interruption of traffic flow. Instruction on routes to both drivers of children as well as any service vehicles would help reduce the likelihood of violations. If violations are observed, the applicant should reappear to amend the plan. Please note that both the Engineering Department and Planning Office believe that the traffic measures suggested above would successfully mitigate the most serious concerns and be acceptable for a limited time of operation. 3. We recommend that loading and unloading of children from vehicles only be permitted in the Marolt House parking area. "Curbside" highway service would create danger for children and disrupt traffic. 4. Site improvement and maintenance that should be considered to reduce impacts include: placement of a sturdy fence around the irrigation ditch or the play area within the yard, plowing the road to allow adequate emergency service access, and demarcating the parking area next to the house. 5. Hours of drop -off and pick -up should be specified to clarify the time periods when traffic flow will be affected. 6. The intended size of the operation to take care of 40 children should be specified as a maximum so that the level of impacts should not become greater without P &Z having the opportunity to review the project. 7. Water, sewer and emergency services appear to be adequate for the proposed use. 8. The Planning Office agrees that the proposed use appears to comply with requirements of the R -15 zone district. The daycare center use of the Marolt House is generally consistent with the objectives and purposes of the zoning code, with the possible exception of Section 24- 1.2(d), "to provide adequate... open space and avoid undue concentration of population." 9. Staff believes that, if the use is generally acceptable 5 r� to P &Z, the proposed activity meets the criteria of exempt development from PUD. Taking this use thrugh full PUD review would serve no purpose since it is already "clustered" into a single building. Similarly, the Planning Director sign -off for exemption from SPA is also reasonable, since this is a temporary, one year activity and requires no significant construction. ALTERNATIVES: Staff suggests that the Planning and Zoning Commission consider the following alternatives: 1. Approve the proposed conditional use and PUD /SPA exemptions for Children's Playshop use of the Marolt House subject to the following conditions: a. The Marolt House shall be used as a day care center for a period of time not to exceed one (1) year; b. The day care center shall be limited to a maximum number of forty (40) children; C. A sturdy fence will be erected along the irriga- tion ditch within the yard prior to opening the center; d. The outdoor play areas will be the fenced yard around the house, not including the garage or the Marolt Barn area; e. The applicant must provide a plan of either car pooling or van service for pick -up and delivery of children to the Marolt House. Records of either carpooling or van service will be maintained by the school and submitted to the Planning Office on a quarterly basis; f. A "No Left Turn" sign will be posted by the City with approval by the Colorado Department of Highways for westbound traffic before the drive- way. A "No Left Turn" sign will also be posted on the driveway leaving the Marolt property. 2. Deny the proposed conditional use and PUD /SPA exemp- tions based on it's incompatibility with the existing use of the site and the Open Space /Trails Plan Element. PLANNING OFFICE RECOMMENDATION: The Planning Office recommends the Planning and Zoning Commission P to deny the conditional use review and exemption from mandatory PUD for day care center use of the Marolt House. If P &Z agrees, you should also recommend to Council denial of the PUD and SPA conceptual plan, in the event that the applicant desires to pursue PUD and SPA approval. The threshold question is whether the use is compatible. Staff believes that after considering the Open Space Plan Element recommended use and existing conditions, that we cannot state that the day care use is compatible on the Marolt Property, nor is it consistent with the basic assumption of both the City and voters of how the Marolt Property should be used as open space. The highway access issue compounds the problem of how to accommodate the proposed use on the site. However, we believe that mitigating measures suggested could make the use acceptable from the perspective of short -term negative impacts on Highway 82 and impacts on the Marolt Property, if you choose to accept this use as appropriate on this open space parcel. marolt 7 r.. i <fLbf� I A MEMORANDUM TO: Steve Burstein, Planning Office FROM: Jay Hammond, Engineering Department DATE: August 10, 1987 RE: Children's Play Shop Conditional Use /GMP Exemption Having reviewed the above application and made a site inspection, the City Engineering Department would offer the following comments: 1. As indicated in the application, one of our significant concerns involves the potential impacts of the increase in traffic accessing the Marolt parcel from the driveway entrance on Highway 82. The driveway access is poorly situated close to the west end of the Castle Creek bridge and the potential impact of numerous parents accessing the property twice a day could cause significant problems given the over - capacity situation already existing on the highway. While the application indicates school hours that would impact "non -peak hours ", the suggested starting time of 8:45 to 9:00 a.m. is still well within peak for morning commuter traffic. Given that the request is for a one -year lease and (hopefully) not a permanent approval, we would suggest a couple of potential approval conditions to deal with this concern: a. Mandatory car pooling. This may actually prove beneficial to the parents in sharing the drop -off and pick up responsibility. The mandatory aspect could be monitored through organizing and maintaining car pool records by the school. b. Van Service. Perhaps a local limo company could be solicited to donate van service. Again, convenient to parents. C. Instruction to parent drivers to access the site from the west. Place a "No Left Turn" sign westbound on the highway past the bridge. 2. We would support the applicants commitment to place a fence along the irrigation ditch within the yard. 3. The City utilizes the south end of the Marolt for temporary storage of undergrounding material and equipment. Occasional truck access past the Marolt house is required. Page Two Children's Play Shop Conditional August 10, 1987 We would plan on placing appropriate signs along the access to warn truck drivers of children in the area of the house. Presumably, most outdoor activity would be confined to the fenced yard. JH /co /ChildrenPlayShop cc: Chuck Roth 1 TO: FROM: RE: DATE: PEN et I I Steve Burstein, Planning Office Paul Taddune, City Attorney Children's Play Shop Conditional Use Review /GMP Exemption August 11, 1987 We have the following comments regarding the application in the above matter forwarded to this office under your correspondence dated July 23, 1987: 1. We do not agree that the SPA provisions are inapplicable. However, as pointed out by the applicant, the City Council expressed a strong desire to assist the applicant through the temporary one -year period for the purpose of assuring adequate day care services in the community. 2. We do feel that Section 13.4 of the City Charter is applicable to this transaction inasmuch as the parcel on which the Marolt house is located was purchased with open space funds. Section 13.4 of the City Charter provides as follows: "Council shall not sell, exchange or dispose of public buildings, utilities or real property in use for public purposes, including real property acquired for open space purposes, without first obtaining the approval of a majority of the electors voting thereon. Additionally, the City Council shall not cause or permit the change in use of the real property acquired for open space purposes, other than for recreational, agricultural or underground easement purposes, without first obtaining the approval of a majority of the electors voting thereon." Prior to and as a component of the Marolt property acquisition in 1983 the Marolt homestead has been used for residential and related purposes. A day care center which can be characterized as having residential and recreational features arguably falls Steve Burstein August 11, 1987 Page 2 within the Charter language and the Marolt homestead's historic use. A similar problem presented itself with respect to the lodge on the golf course, which was also purchased with open spaces funds. We do not, however, feel that a day care center run for profit should be equated with the City Manager's proposed use of the house for employee housing purposes. For the applicant's request to meet compliance with the Charter, one must find that it fits within the historical, residential use, or for recreational or underground easement purposes. In evaluating this factual issue the majority of the City Council felt that the proposed temporary, day care center falls within both the historic use and charter language,and the P &Z should presume that the Council's determination is correct and focus primarily on the conditional use application. 4. The aspects of the application pertaining to conditional use are within the province of the Planning and Zoning Commission. Again, we do not see any authority on the part of the Planning and Zoning Commission or the City Council, absent a zone change, to waive PUD /SPA requirements. r FIGURE 11.3 6900 ASPEN AREA AVERAGE DAILY TRAFFIC f <p VOLUMES IN THE SH 82 CORRIDOR r �Q�� DURING PEAK SKI SEASON 6600 12,600 PITKIN COUNTY AIRPORT \\ 500 ggq � ` Fq 800 —\ JI-- 14,700 Ilk W 1 � W U p� 0 0 0 00 ,,p 1 ry "y . O 0 0 O " p p O 4 ,�0 0 y P 2 ry, 16,600 ry0 p y0 0 0 000 _ 4400 21,700 /L/ . . 6000 W f 9 3400 c� U O N 2 2800 q FF Q �P O SOURCE: ASPEN /PRKIN T /TDP 1986 -2000 s- e- a e s N A' A w a A M { +f << m� G L —way Volume in 15— Minute Period N 1 N lrJ 4=- r_s� 6? A �a A > CO s � J J 0 L d Z Q TU W K V •P V Ch W r� J O. J O O O N W 4- U 6l O O O O O O O O O O C tl L+ L_ O C N / ti N L V �.l 11. r A o C l�, o k. -. I: h r � ' p p 3 ' a ♦ � f , p _ ��1 I m r o � v m � m m — ,me t e r y I 01 m I in �' 0 (D OMW - \ + • 5 X O n � _1 r CHILDREN'S PLAYSHOP. INC. Land Use Application City of Aspen This is an application for conditional use approval for a "day care center" for the Children's Playshop to conduct in the Marolt house on City property. The property is zoned R -15, PUD, SPA. I request the PUD /SPA application and approval be waived as inapplicable. I do not own the property; the City does. The PUD /SPA platting requirements are aimed at permanent uses and this is just a temporary one -year use. Further, "development" under the SPA provisions of the Code is defined as: "...any activity which materially changes the use of the land in question, including but not limited to the construction or substantial modification of residential or lodge units, commercial square footage, or other accessory buildings and structures located on the property, the construction or substantial modification of roads, any significant site grading or other earthwork or the installation or substantial modification of utilities." Sec. 24- 7.1(c). Since I am planning none of that significant activity, and since the use is a temporary one, I feel the SPA provisions are inapplicable. Alternatively, I believe City Council would authorize the City to be a co- applicant for these purposes. The Children's Playshop is a preschool established in 1971 offering an enriched planned day for children 2 1/2 - 5 years old. Our program includes music, nature awareness and appreciation, physical development, arts and crafts, cooking experiences, field trips within the community, puppet shows, drama, and social development. The heart of the preschooler's day is play and all of our learning activities are developed through creative and fantasy play as well as organized play and recreation. Finding a suitable, affordable site within Aspen is extremely difficult. Though there is considerable vacant space around Aspen, I have found much of it to be tied up in foreclosure or bankruptcy proceedings so that a lease is not available to us. My search has been diligent since January and you will find an exhaustive list of possible properties included for your consideration along with the reasons why each was not available to us (see attachment). 1 My proposal to lease the Marolt house is for a period of one year, which is intended to give us time vigorously to pursue the purchase or rent of another suitable site. The house meets all the requirements for licensing and operation a day care center set by the Department of Social Services with the possible exception of the second toilet which is in the basement. I feel, however, that a provisional license will be granted because our term in the house is for just one year. Provisional licenses are common in such situations. It will also be necessary for us to put up some temporary fencing to separate the irrigation ditch which flows around two sides of the house during the months in which it flows. Nothing of permanent structural nature will be imposed onto the property with the exception of a sand box upon your approval. Some may question this use of City property on various grounds, and I want to address these issues. First, it seems to me the same objections that some might make to our use apply to the City Manager's proposed use of the house for employee housing. I am informed there is no legal grandfathering of the property acquired for "open space" that preserves its use as employee housing. Looking at it another way, the children's use of the Marolt house "interferes" with the property's open space designation no more than does the housing of a City employee. That aside, my use is of wide public benefit for parents, children, employees, and the community as a whole. I do not think Section 13.4 of the Charter is at all applicable, and I hope the City attorney will agree. That section precludes Council from selling or disposing of public property, including property obtained for open space, without an election. The section also refers to no change in use of such property. That was obviously aimed at permanent changes, not temporary ones. The City has used such public property for non —open space purposes temporarily. It has rented the Thomas property for grazing purposes. It has entered into a three year lease with a private party to construct a building within which to grow vegetables on the Thomas property. The City has numerous private licensee and lessees on City property, including the golf course ( e.g. , Sport Stalker lease), the Thomas property, Islin Park, etc. On the Marolt property the City has a written lease with a tree nursery. More importantly, however, I think my school's use is within the spirit and concept of Section 13.4 as "recreational". In fact, all of our activities are largely the same as those conducted by City's Parks and Recreation programs, except we do use the house as a facility. Indeed, in some communities and states, day care centers are either operated by or funded by government bodies and hence those uses are consistent (see attachments). 2 For example, in my nine months of dealing in 1982 with the City through Wayne Chapman for use of an old building from the golf course to be moved to Islin Park for my school, he felt the use was "recreational" and in the spirit of the open space recreational City purposes. I am not building any new building that would interfere with open space. In fact, I am enabling more children and more parents of the City to use the open space, which you have encouraged also by building the new bicycle bridge to the property. Specific Impacts and Conditional Use Standards Conditional Use Section 24 -3.3 has three standards for approval of a conditional use. First, my school will comply with all other requirements of the zoning code if a conditional use is approved. As you know a day care center is a conditional use in most residential zones, and thus meets the initial consistency test. Second, I feel we meet the "objectives and purposes" of the zoning code. Third, I believe the school is "compatible with surrounding land uses and uses in the area ". See "Zoning Intention" further on in this application. The issue here is one of a temporary one year use after all, not any permanent change. Traffic Passage to and from the Marolt Property onto Highway 82 requires some consideration. Our hours of operation are designed so that parents do not impact traffic at peak times. Other alternatives might include requiring a right turn only to and from the property, car pooling of children, etc. I think it is important to point out, however, that the newly installed traffic light at the Maroon /Castle Creek: Road intersection slows traffic to a much safer pace than before and certainly safer than the intersection at the Airport Business Center where parents deliver and pick up their children from the Sprouts Day Care Center at 8 -8:30 a.m., and at 5:00 p.m. The two traffic lights do slow down traffic considerably. Some parents come from the West and have an easy right turn. Others can turn on Cemetery Lane, turn around farther down and use the light. Ultimately, the City does need to resolve the access problem of the Marolt Property with a new entrance through the traffic light at Cemetery Lane or perhaps from Castle Creek. But for a one -year period at least, I think access is adequate although less than ideal. With regard to intensity, there will be morning and afternoon pick -up of children, occasional. field trips, but no deliveries of supplies (I take necessary supplies in the morning when I go to school). Parking is adequate on site. On -Site Improvements We will be adding only a sandbox for the children and perhaps an old - fashioned tree swing. We will of course be preserving the Marolt house for you and we 3 note that the City Manager was concerned with vandalism if the house is vacant (in fact, he thought demolition might be necessary unless someone occupied the building). Site Plan I have given to the Planning Department plan maps obtained from the engineering department and approved by Steve Burstein. Bike Path To minimize impact on the existing bike path, I will schedule school to begin at 8:45 - 9:00 a.m., when school children walking or biking to the middle school and high school are already in session. Zoning Intention The intention of the R -15 district is the same as that of R -6, which states "To provide areas for residential purposes x x x. Recreational and institutional uses customarily fund in proximity to residential uses are included as conditional uses," referring to the conditional uses such as a day care center. Thus by the City's own definitions and statements of intent (see Code, p.1441), the uses are compatible. PUD SPA. While I think these should be completely waived, the planning office has asked me to address some of the Code issues relating to PUD /SPA. a. Under Section 24- 7.7(a)(5) I think the proposed use is consistent with the open space element of the Aspen Area General Plan. I have addressed the open space issues above. To repeat, my use is within the term "recreational ", and in any event a day care center is consistent with the open space use in R -6 and R -15 by virtue of the Code's definition and intent provisions that put them in the same district and thus legislatively view them as compatible and consistent. b. I do not know if the City has ever processed a conditional use PUD /SPA permit for the Marolt- Thomas property. If there is such a permit, then my application is really a minor amendment under Section 24 -8.26 and does not constitute any change in the overall character of the Marolt- Thomas property. There may be some increase in traffic circulation, but that would be true with any plan designed to encourage citizens to use their open space property. C. See Section 24 -8.13. There is adequate water to the Marolt house and other utilities. The roads are adequate for fire protection (a fire hydrant is located at the house), snow removal, etc. I am negotiating snow removal as part of my lease with the City. There is no new structure. The 4 existing house and driveway are adequate. I will not be grading anything. A child care center is a necessary human service for working parents' with young children. Surveys show that most young mothers work for economic reasons and many do so with guilty feelings as they leave their children; so that finding "quality" affordable care is of utmost concern to them. Many of our young families in Aspen have two working parents and sometimes both parents hold more than one job. Research shows that "quality" care is a good investment because there is less stress - related absenteeism when parents feel secure about where there children are spending their days. The need for responsible, quality desperate one in Aspen and Snowma materials). Dr. Barnett noted at the birth rate in Aspen is again up to 200 and 1987, an increase from only 110 care need continues. day care facilities is a ss (please see attached Council meeting that the per year for both 1986 in 1985. Thus, the day Few applications meet all ideal conditions, and the diversity of interests in our community. But if some small compromise is necessary, for what better purpose than for some 80 parents (most of whom are working employees), and 40 children for a one year basis while I continue looking for another suitable site. Thank you. Ruth Sto 5 THE PROFIT VERSUS NON- PROFIT QUESTION: FACTS All day care facilities operate as a business in some sense or another. Non - profit schools historically charge as much or more per day for their services as do schools for profit. My school charges per child the same as Wildwood, and we are the lowest in the valley. Wildwood I understand pays $1.00 a year rent. Non - profit schools do not pay taxes and they pay little or no rent so that their business is more profitable to operate. They have the distinct business advantage of being able to solicit tax deductible contributions through fund raising. Privately owned centers require tremendous personal investment. Owners assume 1007 of the risk, responsibility and frightening liability. This is not true of non - profit schools. Becoming a non - profit school is a simple matter of filing the appropriate legal papers at a cost of less than $500.00 and forming a board of trustees. Large sums of federal monies often flow through non - profit schools in the form of grants. This is often reflected in higher salaries, but seldom in lower cost to the consumer (see enclosed graph). My "profit" is my salary, which is less than the salaries of the directors of the non - profit facilities. s14:chifacts.mis Toddler Care (18 mo. — 2 yrs.) COP, 10 nn. ara CM C.... - , IM Pwa:4 CwpmW , imo w. Pa ea. Lb"OU, u emu California 100 95.66 90 Average 80 76.00 Weekly Amount 70 68.86 67.53 In Dollars 60 56.25 50 50.32 40 30 3 20 � e 10 ' Single Chain Corporate Religious Govern. Non- Average for for ment Profit All Profit Profit Sponsored Types Infant Care (to 18 months) 123.05 California 100 90 Average 80 76.00 Weekly 70 72.50 70.51 Amount In 60 58.33 Dollars 50 46.00 40 30 0 20 Y 10 ' Single Chain Corporate Religious Govern. Non- Average for for ment Profit All Profit Profit Sponsored Types COP, 10 nn. ara CM C.... - , IM Pwa:4 CwpmW , imo w. Pa ea. Lb"OU, u emu Preschool Care California 100 90 Average 80 Weekly Amount 70 62,50 64 In 60 Dollars 51.60 50 40 30 20 10 Single for Profit Chain for Profit 56.60 41.79 Corporate Religious Govern. ment Sponsored 62.66 Non- Profit Average All Types Before and After School By Region of United States Average Weekly Amount In Dollars 50 40 34.82 30 23.50 27.18 26.71 23.31 20 18.25 10 0 S. East N. East M. West N. West S. West Hawaii ..r (2 1 /2 to 5- years -old) .00 42.23 Alaska r P 1 197. OM CM MW ate., LaM P 1 1 c-Pa.. . ITM W. P. PC Lhw"i.. Nn* n Growing need for day care established by S'mass govt by Kay Clarke In a crowded gathering with standing room only, the need for quality day care was clearly established at the Snowmass Vil- lage Town Council work session this week. Parents, attending with their children, and govern- ment officials alike were in agree- ment on this point. The Planning Department re- ported that of the 1330 full -time residents in the Village, children under age eleven comprise nearly 10 percent of the population, and married couples represent 67.2 percent of the town's homeow- ners. Acting on a complaint that Happy Trails Day Care Center was operating in violation of the town's land use code, the Plan- ning Department began studying the day care situation in depth. Taking the position that the Cen- ter did not comply with the codes. the planning office issued a letter giving 30 days notice for the prob- lem to be resolved. Monday's meeting took place on the 29th day. On finding few alternative loca- tions for day care in the Village, the department's ultimate action was to recommend altering the codes to include day care facilities as a Special Review Use in all re- dl ll r1eEd 171e appli- cant would be subject to a 30 -day public hearing notice, with adequate notice sent to adjacent property owners. The conditions for Special Re- view Use approval in a multi- family unit or single family de- tached dwelling include: 35 square feet per child, a maximum of six children, a fenced play area and approval of any applicable association or property owners. Town Planner Doug Dotson re- ported that "these textbook re- commendations are consistent with the state codes." Mayor Dick Wall replied, "We are not a com- mon community and we are not out of a textbook ... To me, this is an essential service." Mayor Wall stated his belief that Happy Trails Day Care Center could operate under the current codes and foreggo the lengthy review process. He said the present land use ordinance was ambiguous enough that minor clarification could resolve the situation. Notably absent in the room was the person who originally filed the complaint against Happy Trails, which is fully licensed and has been in operation for five years. One part-time resident and her adult -age son were the only dissenters in the group, and they departed early. Council member Pete Bedford reported that he had spent an hour at the day care center and added, "I don't think we should stand in the way of this necessary service. It's a great operation." Mayor Wall advised Susan Schlundt of Happy Trails that she must obtain approval from the Meadow Ranch Condominium Association to continue her busi- ness. This essentially gives the property owners the power to make decisions regarding their land's use. To date, the associa- tion has made no decision regard- ing the operation. The mayor also asked that Happy Trails be able to show proof of adequate insurance coverage which indemnifies the property owners. When Doug Dotson agreed to issue a letter extending the dead- line for resolution another 30 days, the room filled with cheers and sighs of relief. One young lady, approximately 32 inches in height, was so elated that she shed her summer attire and cele- brated unclad and uninhibited. Although Monday's meeting fo- cused on short term solutions to the day care problem, the fnst recommendation from the Plan- ning Office included a full- serv$r cWmunity center. Mayor Wad stated that he foresees a complete day care and youth center in the future. Council member Jeff T"ip - pett closed the meeting with ack- nowledgement of the need to cre- ati appropriate space for these services. Little Red Sdioolhouse p.o. Box6385 Snowmass Village, (3 3 Colorado 81615 June 22, 1987 a I L 91 ■. ,tip s e _y To Whom It May Concern: <<e R a j S poo \N-P The Cities of Aspen and Snowmass need to address the concern of adequate child care facilities. As Directors of The Little Red School House the issue of affordable, safe, and educational child care is of great concern to us as the Aspen and Snowmass areas continue their present rate of growth. Our School continually has a waiting list of families needing this assistance. Other local child care operations in our immediate communities share this situation as well. To circumvent the problem in Snowmass, we are in the process of investigating the possibility of building a toddler center in conjuncton with the Snowmass Community Chapel. As parents, we have found quality child care facilities are hard to cane by. Recognition should be given to Ruth Stone who has provided the Children's Playshop to our communities for the past 16 years, and who now is unfortunately faced with the difficult task of relocating her establishment. Mrs. Stone's difficulty in locating appropriate space evidences our concern. we have been witness to actions by individuals who conduct unlicensed child care businesses in their homes in order to fill the growing need for child care; often one person caring for as many as 8 toddlers and infants. Most con- profit child care organizations have the benefit of subsidized rents, tax donor status, and foundation grant monies. we could not operate without such help. The communities of Aspen and Snowmass should investigate the possibility of subsidizing child care facilities for licensed non -profit as well as profit organizations which meet criteria set by the Cities. Respectfully submitted, THE LITTLE RED SCHOOL HOUSE Molly Beattie, Director Charlie Brooks, Director Linda Girvin, Director Randy Anderson, Director Nancy Pierce, School Director ma m m Y b .gal q `dam 8 ••� ,�s� A a o now a 8 a g I Ill., L` C 2 ca �5� 2 -4 ca MINN O y o '$ m m p fl A a $ q r 3; >a m a Q a8�oa'�c 1 Cq Ss "or m b' u a>� • b � .Y. B,yl e$tjQ �a'o�go 1 2 A ed goa�.S� i s m$' t�� LLL]llo�7m$�my ;m 9 a��8a m 99 Irw�Bi 7 a Bm a��Pm9:1 MCI It it M oran > at Joe rn 0• x .9 q_ a a 'a ow eAS 6 1 A $ v L a� a I.gm� s �q 1 0 y � ••gg a B ell log-at 0 w ^, q 6 I mg ��° °�'to ma d•o m mo �' �•a bB 8� 0 AS" PEDIATRIC and ADOLESCENT ♦ ANIC, P.C. STEPHEN BARNETT, M.D. F.A.A.P., F.A.C.P. SARAH FERNSLER, M.D., F.A.A.P. 630 E. HYMAN, PATIO BLDG.. SUITE 25 ASPEN, COLORADO 81611 (303) 925 -9540 PEDIATRIC AND ADOLESCENT HEALTH AND MEDICINE June 16, 1987 Ruth Stone 611 Fred Lane. Aspen, Colorado 81611 Dear Ruth, This is my letter of endorsement to your children's workshop in the hopes that space will be made available so that you can continue your pre — school services for children. A you know the birth rate in 1986 was back up to almost 200.-,.4ince most of our young families have both parents working q day care and pre— school is essential for our kids development. If I can be of any other assistance in this vital issue please let me know. S i n c .} rr eep l , Stephen E. Barnett, M.D.,F.A.A.P.,F.A.C.P. The following is a list of properties on which I have made proposals and the reasons they are - not - available for - our - use - as a preschool_ Aspen School District: All buildings are fully utilized -- programs have expanded, a'fifth kindergarted will be added, and consolidation of some classes at Middle and High Schools was explored but space still could not be found. Boettcher Bldg.: No lease available, property for sale and the Institute does not wish to compromise their integrity with the public should a sale necessitate our eviction mid -year. West Meadows Prop.: Kresge Bldg., etc. (Jim Pavishaw) same as above. New owners as of last week just after I reopened discussion with Mr. Pavishaw to reconsider our use at Meadows. Given Institute: Uncompatable use with CU and has unrealistic rent structure Physics Institue: Fully utilized Lutheran Church: Zoning change require -- neighbors opposed to our use and traffic Aspen Community Church: needs flexibility and already committed to "Project Up- lift" Prince of Peace Church: Heavily used - -no interest St. Mary's Church: Committed to transients as shelter - -would necessitate sharing space with transients Mormon Church: No interest -- insurance and tax problems with church use Aspen Airport Business Center: existing businesses are protected from competition in that comples -- Sprouts in opposed to our renting there Red Roof Inn: Steve Conger has no control until October. He might be interested after that time - -too late for us this fall. Ralph Melville's Pine's Lodge: Could be torn down at any time due to Mountain Challet replacement on that site - -no lease available Aspen Skiing Company: Had no interest creating a ficility and catering to a market for young families- - But I have recently found Jerry Blann to show some interest for the future -- nothing for this year. They have seen Snow Bunnies and Powder Pandas as meeting their responsibility. Community Center: Fully unilized unless City's Bldg. Dept. does not move up there House Rental Market: Unrealistic cost and hopes in finding an owner who would permit use by a preschool -- neighborhood zoning could be a problem as neighbors might object to traffic Centennial Project: Single family and no commercial use allowed (Ann Boemann) I Aspen Valley Hospital: Although there are unsued spaces, children are a health threat to patients - - Uncompatible use with us. Aspen Country Day School: Fully utilized Aspen Community School: Fully utilized Aspen Real Estate Market: One piece of property was found at under $200,000.- - It involved complicated rezoning and Historic Designation problems to be solved with could not be done within our time frame. STILL LOOKING First Baptist and Episcopal Churches: Each has a large room but they are below ground level and State regulations prohibit children of preschool age below ground level because evacuating in case of fire would be impossible. Commercial Rental Property: I located one space which met most of the requirements for licensing @ $22.00 /sq. ft. which is unrealistic considering the amt. of space required per child. The Marolt Property (House): ? ? ? ? ? ? ?? FEBRUARY 1987 AMERI mrv,rjmQATeWsASS OC ICATGON I Zoning codes have both hindered and helped the establishment of new day care services. Many codes do not specifically address day care facilities, making it unclear whether they should be treated as businesses, schools, or home occupations. Some require day care services to apply for variances or special permits, resulting in additional costs for what may be a marginal business. In contrast, other codes treat day care centers as community facilities providing a needed public service rather than as a business that must be restricted to commercial zones. Treating day care uses this way allows them to locate in any zoning district as long as a need is demonstrated, licensing requirements are met, and children are not threatened by any physical hazard. This issue of Zoning News examines the newest ordinances that mandate day care services at employment centers and summarizes zoning codes that offer density bonuses for day care. In addition, it examines the "meat and potato" ordinances that simply incorporate clear definitions, permissive locational requirements, and flexible standards. Mandatory or Bonus Codes San Francisco and Concord, California, require that the developers of commercial buildings set aside space for day care centers or pay fees to support day care services. (See Zoning News, August 1986.) The Concord ordinance requires developers of any nonresidential project valued at $40,000 or more to pay a fee equal to one -half of one percent of the project's development costs (total costs minus the cost of land) into a day care fund. If developers provide or arrange for child care facilities or services, they may be exempt from the fee requirements. San Francisco's fee requirements apply to downtown office buildings of 50,000 square feet or more. The ordinance requires office developers either to set aside 3,000 square feet or one percent of the project's gross square footage, whichever is greater, for day care facilities or contribute one dollar per square foot of office space to a city- administered day care fund. The Seattle, New York City, and Hartford, Connecticut, zoning codes include density bonus provisions for day care. In Seattle the planning commission may grant floor area bonuses if day care facilities are "provided at reduced rents to eligible nonprofit or for - profit day care centers." To qualify, day care facilities must provide services "at rates affordable to the range of income levels representative of the downtown workplace." New York City's housing quality standards provide floor area bonuses for providing nursery and day care space of at least 600 square feet. Added bonuses can be gained if the indoor child care area is combined with outdoor play areas such as tot lots, playgrounds, wading pools, and sandpits. Hartford's downtown zoning code includes substantial floor area bonuses for businesses that provide day care. The bonus grants six additional square feet of floor area for each square foot of day care space in the project. Good Definitions and Flexible Codes The majority of zoning codes for day care services encourage such facilities through permissive zoning policies, including broad definitions, lenient district regulations, and flexible standards. Defining Day Care. Most zoning definitions of day care make distinctions based on the size of facilities and, in some cases, based on the clients served. Most zoning codes distinguish between two types of day care operations —such as "family day care homes" and "day care centers." The family day care homes are typically private residences where six or fewer children receive care and supervision for periods of less than 24 hours per day. Day care centers are typically defined as facilities (including nonresidential structures) that provide supervision and care of more than six children for periods of less than 24 hours per day. Some codes use three or four classifications for different size day care facilities. Other codes recognize that day care centers may be established for the elderly. The Ann Arbor, Michigan, zoning code defines three types of day care facilities — family day care homes for six or fewer; group day care homes for 12 or fewer; and child care centers of unlimited size. The Redmond, Washington, and Baltimore County zoning codes also use three classifications for different size day care operations. The Boise, Idaho, zoning code uses four classifications, including family homes for five or fewer children; group homes for six to 12 children; Updating Day Care a intermediate size facilities for 13 to 20eAldren; and large facilities for 21 or more children. The Island County, Washington; Raleigh, North Carolina; and Austin, Texas, zoning definitions for day care are written broadly so as to include day care services for the elderly. The Raleigh code authorizes centers or homes for adults who are "in need of care because of decreasing capability brought on by age." Day Care by Right. Small day care operations (caring for six to eight children) are typically permitted by right in all residential districts. Ann Arbor's code allows small family day care homes (six or fewer children) as principal and accessory uses in residential neighborhoods. The Bellevue, Washington, code allows small day care services (six or fewer children) as home occupations in all of its residential districts. Similar permissive codes are found in Redman, Washington; Austin, Texas; Washington, D.C.; and Poway, California. In addition to allowing small day care services in residential districts, many cities and counties allow day care uses (small, intermediate, and large facilities) by right in businesses and institutions. The Baltimore County zoning code allows day care centers and nursery schools (no size limitations) by right when accessory to a church, community building, hospital, public or private school, housing complex for the elderly, or office building. Washington, D.C., allows day care centers as accessory uses to schools and public recreation centers, and Plano, Texas, allows day care centers within enclosed regional shopping malls. Standards for Large Centers Large day care centers in residential neighborhoods (frequently defined as centers serving seven to 12 or more children) are frequently subject to special or conditional use approvals. The following sample of standards is taken from 15 different local codes. Traffic Safety. The sample standards below stress safety for children arriving or leaving the day care center and the reduction of traffic congestion on neighborhood streets. Day care centers shall create no unsafe conditions for picking up and dropping off children. (Washington, D.C.) Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area, or directly in front of the facility. (Huntington Beach, Calif.) Large day care centers (21 or more children) must be located on a collector or arterial street. (Boise, Idaho; similar requirements are used by Vero Beach, Fla., and Plano, Tex.) Open /Recreational Space. An increasing number of codes require outdoor play areas and increased safety in the design of these areas. Seventy -five square feet of outdoor play area per child. Thirty -five square feet of indoor play area per child. Outdoor play area shall be grassed and enclosed by a six - foot -high masonry wall. Any entry gate shall be securely fastened. (Huntington Beach, Calif.) Outdoor play areas shall be adequately separated from vehicular circulation and parking areas. (Plano, Tex.) Outdoor play areas must be enclosed with a wall or fence. (Albuquerque, N.M.) General Safety. Some codes require that day care operators consider the hazards created by surrounding uses and activities. ..1 No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials. (Plano, Tex.) Garages shall not used used as a designated play area. (Huntington Beach, Calif.) Spacing Requirements. Spacing or dispersal require- ments are often adopted to quell neighborhood fears of the potential clustering of nonresidential uses in residential neighborhoods. In exclusive residential areas, such requirements may reduce neighborhood opposition based on fear of neighborhood change. No facility shall be located closer than 600 feet to another large family day care home. (Huntington Beach, Calif.) The zoning board of adjustment may determine a day care center to be incompatible with a residential neighborhood if another nonresidential facility is facing or abutting the same block face or is within 300 feet of the proposed site. (Charleston, S.C.) The zoning board may approve more than one child development center in a square or within 1,000 feet of another child development center only when the board finds the cumulative effects will not have an adverse effect ... due to traffic, noise, or other factors. (Washington, D.C.) Parking. Generally, parking is required for all employees of a center, and, occasionally, extra parking is required for larger centers. One off - street parking space per employee. (Ann Arbor, Mich.; Huntington Beach, Calif.; Austin, Tex.; Macon, Ga.; and Boise, Idaho.) Two spaces plus one space for each 500 square feet of net leasable area. (Albuquerque, N.M.) One space for each two adult attendants, and one space for each 10 children. (Charlotte, N.C.) One and one -half spaces for each employee on the maximum shift. (Dubuque, la.) General Standards. This category of standard refers to any other common requirement found in local codes. All ordinances require compliance with state licensing laws, local fire codes, and other safety ordinances. Compliance with municipal noise ordinance. (Huntington Beach, Calif.) Hours of operation may be restricted by planning commission. (Huntington Beach, Calif.; Bellevue, Wash.) The exterior of structures used for child care centers shall be architecturally designed as a residential unit compatible with the types of units existing or to be located in the neighborhood. (Mount Laurel Township, N.J.) Signs. These regulations typically allow the smallest type of sign otherwise permitted in residential neigh- borhoods. The permitted signs are typically those needed to identify the business rather than to advertise it. Day care centers and nursery schools in certain residential zones may have one sign not to exceed eight square feet in area. (Baltimore County, Md.) Sign limited to those permitted for home occupations. (Albuquerque, N.M.) One sign, not exceeding four square feet and five feet in height may be used to identify the center. (Bellevue, Wash.) I I T a T u - t a a a / _ y \ • E o ! / l UU � U W �/r Aspen Middle School .. I r� Box 300 Aspen,Colorado 8161: August 17, 1987 Aspen City Council 130 S. Galena Aspen, CO 81611 Dear Members of the Council and the Planning and Zoning Board: For your information, we have had a series of conversations with Ruth Stone regarding her use of the Marolt property and potential traffic conflicts with the existing bike path. While most of our students use the School District buses, RFTA buses, or private automobiles for transportation to and from school, a good number do use the bike path that parallels Highway 82 and Maroon Creek Road. We estimate that the peak hours of student use of this bike path to be from 8:00 - 8:25 A.M., and 3:30 - 4:00 P.:M. We understand that Mrs. Stone will adjust her daily schedule to avoid these peak hours. Furthermore, she has advised us that she will take every precaution to insure the safety of our students while on the bike path, such as providing caution signs. For your part, we urge you to complete the alignment and paving of the new bike path that continues from the recently completed pedestrian bridge. This should encourage our students to use the new bike path and reduce the traffic conflict connected with the day care use of the Marolt property. For our part, we will encourage our students to be aware of any potential vehicular traffic crossing the bike path. Sincerely yours, Griff N. Smith Aspen Middle School Principal �—/ L Parsons Aspen High School Principal Griff Smith, Principal Box 300, Aspen, Colorado 81612 Telephone: 303/925 -6623 V ry O J Z J O J m Q U w U J > � Zn O H U W 0 O z F- U O CL W U a J z D a a a or a m w z a (spuDsnoy1) dl m P� tD 40 "t f`l N O O O O O O O O O O w Q . p aW J - a w J T O S g L O O O U o o o x � LL O W LL O L r e � w = m C � w = o z 00 0 s• ■ ■ 1 ■ 1� in i I. =6 3 n sr n g . e 0 0 0 J. NICHOLAS MCGRATH, P.0 ATTORNEY AT LAW ND EAST HOPKINS AVENUE SUITE 203 AREA CODE DOD ASPEN, COLORADO SIMI TELEPHONE 925 -2612 July 11, 1987 1 ��'`�- I JUL 1 31981 Aspen City Council 130 South Galena Aspen, CO 61611 Re: Childrens Playshop - Marolt Property Dear Councilmembers: My wife Maggie and I support Ruth Stone's proposal to use the City's Marolt house for a play school for the next year. Our children ( Nicky, 4 1/2, and Molly, 2 1/2) will be attending Ruth's school this September, assuming there is a location for the school. It will be the only time that Nicky and Molly will be in the same classroom, so this year is particularly important for us. Nicky attended Ruth's school last year, and Molly will have one more year past this. I have know Ruth since 1970. The children of most of my friends have gone to her school. Her school is special to us, and to many parents of young children, although there are other good schools. With regard to Ruth's use of the city's property, the issue of whether the city should assist in any fashion a private enterprise is a false one. I could incorporate Ruth's school under the Colorado non - profit corporations act in at most a few hours work. She has not chosen that course solely in order to maintain educational control of her school. She takes home less than the directors of several non - profit schools and so her school is no more and no less a profit, or a non - profit school, in practical effect, than Wildwood, or the playschool at the Community Center. The important point, rather, is that the Childrens Playshop provides an important public service and need for the many citizens of the City and their children that go there. It provides a quality educational experience for our children, not a babysitting service. It is a necessary educational adjunct to the Aspen School District, and it is unfortunate that the school district, which provided a location in years past (for rental), cannot find a location this year. Ruth's school belongs in the schools but the school district apparently has its own space problems. J. NICHOLAS MCGRATH, P.C. ATTORNEY AT LAW Aspen City Council July 13, 1987 Page 2 Ruth has investigated many locations and made several proposals for an appropriate location, to no avail. I have heard, but do not know, that the City Manager wishes to rent the Marolt house to one city employee. If so, that is in my view short - sighted. It is easier for the City Manager and that employee to find housing than it is to find a school location for 35 children of some 70 parents (counting moms and dads). The planning office is concerned about the zoning and other land use requirements of the Marolt site. Surely the City, which is the owner of that property, can exempt or waive SPA and PUD requirements that would prevent use of the site by September in order to meet this public need. It does not make sense to require a full SPA platting for a one -year, temporary school use. No keen precedent is involved. You staff will also point out that the access to and egress from the property is not ideal for a school. There is usually something wrong with every plan, and few plans are ideal. The right hand turn into the property is perfectly safe, and parents coming from town can turn at one of the lights to insure that they make a right hand turn into the property. The Childrens Playshop hours are from 8:45 to 3:00, not high traffic volume times. That is better access and egress, I think, than turning left from the Aspen Airport Business Center by the service station, with no light, at 8:00 a.m. and 5:00 p.m., as we have done for the past year in taking our daughter to Aspen Sprouts. The lights at Castle Creek /Maroon Creek Roads, and at Cemetery Lane slow down traffic significantly, and make turning easier and safer. Perhaps if one were using the site for years to come, the conclusion might be to relocate the entrance, but as I understand it, this is an application for a temporary one - year use. Thank you for considering these views. Sincerely, J. Nicholas & Margaret McGrath school.ltr so me 0 d � • mum �. 'W~ ~0 .w/ r ... P c chlic Polic Re por t The following position statement was adopted by the NAEYC Governing Board at their November 1986 meet - Ing. We urge you to use these guidelines as yout slate considers legislation to expand or create new early childhood programs, and to share feedback concerning their Implementation. Your help will allow NAEYC to collect data concerning the use of these guidelines In various slate Initiatives, and will provide valuable Infor- mation for the development of additional or revised guidelines. Guidelines for Developing Legislation Creating or Expanding Programs for Young Children A POSITION STATEMENT OF THE NATIONAL ASSOCIATION FOR THE EDUCATION OF YOUNG CHILDREN Introduction More and more states are showing interest in providing lands to create or expand early childhood programs. A grow- ing number of states have initiated publicly funded earl childhood programs in recent years, and other stales ar considering legislation to establish such programs. Such in terest is well founded. Early childhood programs can be o? central importance to policies for improving education, !T forming welfare policy, or stimulating economic developmept in a state. Front the perspective of education, Iegislalors and citizens wish to improve sch(x)ls. A nunder of national reports have hwrn edeased documenting current problems with our edu- calbmal system and suggesting slralegics for change. t:arly childhood programs are frequently among the prescriptive measures suggested, and with gout reason. Research has clearly documented the beneficial effects of high quality early childhood programs, particularly for children deemed vuln able for later school failure. Children attending high quality early childhood programs have been found to have greater self - confidence and self- esteem, to be more likely to com-f plele high school and continue their education, and to be leis likely to be placed in remedial classes. (Fur an overview of these and other findings, see Howes, IN6.) Moreover, high quality early childhood programs are cost - effective. In one program• it was estimated that every EI invested led to a rey turn of 54.75 in savings as a result of Ioyver special education costs. lower welfare costs, and higher worker productivity as 1 the children nvmm•d (WHkarl, 1983). Front the ix•rsix -clive of welfare and job training for par- ents, provisions Inr early childhood programs remove a major stumbling block for parental employment, thus reduc- ing welfare costs and promoting self - sufficiency over time. High quality child care arrangements that meet families'f needs can also mike it easier for parents to slay on the job. Research clearly shows the links between parents' lower pro= ductivity and missed days of work and unsatisfactory child care arrangements. Finally, the provision of early childhood programs can stimulate economic development. Employers who provide financial support to early childhood programs and support services are quick to retort positive results —:a competitive edge in recruiting skilled employees and im proved job performance and productivity because of lower absenteeism, reduced turnover, and less anxiety by parents. No matter what the incentive for creating or expanding early childhood progruus—whelher to improve education, reduce welfare rolls, or stimulate economic development — there are a number of common denominators to consider as programs are designed and implemented. Problems may arise if progr ins are developed with consideration to only one perspective. For example, a program designed to provide enrichment experiences for children at risk for school failure may exacerbate parents' problems of locating or retaining employment if the program is scheduled on a part -day basis with no consideration given to parents' need to provide sup- )bunk Children a March 11187 43 Living COVER STORIES The Child -Care Dilemma Millions of U.S. families face a wrenching question: Who's minding the kids? The smell of wet paint wafts through the house on a tree - lined street on Chicago's - North Side. Marena Mc- Pherson, 37, chose a peach tint for the nursery: a gender- neutral col- or. But the paint had a will of its own and dried a blushing shade of pink. Ah well, no time to worry about that. With the baby due in less than a month, there are too many other concerns. Like choosing a name, furnishing the baby's room, read- ing up on infant care and attending child- birth classes. Above all, McPherson must tackle the overriding problem that now confronts most expectant American mothers: Who will care for this precious baby when she returns to work? An attorney who helps run a Chicago social- service agency, McPherson has ac- cumulated two months of paid sick leave and vacation time. She plans to spend an additional four months working part time, but then she must return to her usual full schedule. So for several months she has been exhaustively researching the lo- cal child -care scene. The choices, she has learned, are disappointingly few. Only two day -care centers in Chicago accept infants; both are expensive, and neither appeals. "With 20 or 30 babies, its proba- bly all they can do to get each child's needs met," says McPherson. She would prefer having a baby- sitter come to her home. "That way there's a sense of securi- ty and family." But she worries about the cost and reliability: "People will quit, go away for the summer, get sick." In an ide- al world, she says, she would choose some- one who reflects her own values and does not spend the day watching soaps. "I sus- pect I will have to settle for things not be- ing perfect." That anxiety has become a standard rite of passage for American parents. Bea- ver's family, with Ward Cleaver off to 54 I _X� The most anguished moment of the monittF Adam work in his suit and June in her apron in the kitchen, is a vanishing brad. Less than a fifth of American families now fit that model, down from a third 15 years ago. Today more than 60% of mothers with children under 14 are in the labor force. Even more striking: about half of American women are making the same painful decision as McPherson and re- turning to work before their child's first birthday. Most do so because they have to: seven out of ten working mothers say they need their salaries to make ends meet. With both Mom and Dad away at the office or store or factory, the child -care crunch has become the most wrenching personal problem facing millions of American families. In 1986,9 million pre- schoolers spent their days in the hands of someone other than their mother. Mil- lions of older children participate in pro- grams providing after - school supervision. As American women continue to pour TIME. JUNE 22. 1987 school! No school!" and became dis- traught. It is time, Theriot concludes, to start the child -care search again. Fretting about the effects of day care on children has become a national preoc- cupation. What troubles lie ahead for a generation reared by strangers? What kind of adults will they become? "It is scaring everybody that a whole genera- tion of children is being raised in a way that has never happened before," says Ed- ward Zigler, professor of psychology at Yale and an authority on child care. At least one major survey of current re- search, by Penn State's Belsky, suggests that extensive day care in the first year of life raises the risk of emotional problems, a conclusion that has mortified already guilty working parents. With high- quality supervision costing upwards of $100 a week, many families are placing their children in the hands of untrained, over- worked personnel. "In some places, that means one woman taking care of nine ba- bies," says Zigler. "Nobody doing that can give them the stimulation they need. We encounter some real horror stories out there, with babies being tied into cribs." T he U.S. is the only Western indus- trialized nation that does not guar- antee a working mother the right to a leave of absence after she has a child. Although the Supreme Court ruled last January that states may require businesses to provide maternity leaves with job security, only 40% of working women receive such protection through their companies. Even for these, the leaves are generally brief and unpaid. This forces many women to return to work sooner than they would like and cre- ates a huge demand for infant care, the most expensive and difficult child -care service to supply. The premature separa- tion takes a personal toll as well, observes Harvard Pediatrician T Berry Brazelton, heir apparent to Benjamin Spock as the country's pre- eminent guru nR child rear- ing.-Mary parents return to the workplace grieving." New Y; I City Police ` Officer Janli Curtin re- sumed her assignment in south Queens just eight weeks after the birth of Pe- n ter. The screaming sirens and shrill threats of street thugs were just background „ noise to a relentless refrain in her head: "Who can I trust to care for my child ?" She tried everything, from t leaving Peter at the homes of other mothers to handing him over to her police-offi- cer husband at the station- r house door when they worked alternating shifts. With their schedules in con- stant flux, there were snags every step of the way. Curtin was more fortunate than most workers: police- depart- ment policy allows a year of unpaid "hardship" leave for child care. She decided to in- voke that provision. The absence of national policies to help working mothers reflects traditional American at- titudes: old- fashioned motherhood has stood right up there with the flag and ap- ple pie in the pantheon of American ideals. To some people day -care centers, particularly government- sponsored ones, threaten family values: they seem a step on the slippery slope toward an Orwellian socialist nightmare. But such abstract concerns have largely receded as the very concrete need for child care is confronted by people from all walks of life. Child care is fast emerging as a politi- cal issue. At least three Democratic presi- dential candidates have been empha the need for better facilities and calling for federal action. Former Arizona Governor Bruce Babbitt has proposed that the U.S. Government establish a voucher system to help low- income parents pay for day care. Delaware Senator Joseph Biden favors fed- eral child -care subsidies for the working poor and tax incentives to encourag_ busi- nesses to provide day care. If elected, he vows, he will set up a center for White House employees as an example to other MARENA MC PHERSON AT HER OFFICE ELAINE CLAAR CAMPBELL, NANNY AND FAMILY 56 TIME. JUNE 22. 1987 A story - telling session at the state - subsidized Washington -Beech "1'd love to find someone who focuses on my "Finding someone to help raise your child is child and who reflects my own values" the hardest thing you'll ever have to do" Kieczowski, 4 1 /2, is about to be dropped off by his mother at a Rahway, N.J., day -care center funded by Merck & Co. into the work force. the trend will acceler- ate. "We are in the midst of an explosion," says Elinor Guggenheimer. president of the Manhattan -based Child Care Action Campaign. In ten years, she predicts, the number of children under six who will need daytime supervision will grow more than 50%. Says Jay Belsky. a professor of human development at Pennsylvania State University: "We are as much a soci- ety dependent on female labor, and thus in need of a child -care system, as we are a society dependent on the automobile, and thus in need of roads." At the moment, though, the Ameri- can child -care system —to the extent that there is one —is riddled with potholes. Throughout the country, working parents are faced with a triple quandary: day care is hard to find, difficult to afford and often of distressingly poor quality. Waiting lists at good facilities are so long that parents apply for a spot months before their chil- dren are born. Or even earlier. The Em- pire State center in Farmingdale, N.Y., received an application from a woman at- torney a week after she became engaged to marry. Apparently she hoped to time her pregnancy for an anticipated opening. The Jeanne Simon center in Burlington. Vt., has a folder of applications labeled "preconception." Finding an acceptable day -care ar- rangement is just the beginning of the struggle. Parents must then maneuver to maintain it. Michele Theriot of Santa Monica, Calif, a 37-year-old theatrical producer, has been scrambling ever since her daughter Zoe was born 2% years ago. In that short period she has employed a Danish au pair, who quit after eight months: a French girl, who stayed 2%2 months: and an Iranian. who lasted a week. "If you get a good person, it's great." says Theriot, "but they have a ten- dency to move on." Last September. nu enm Theriot decided to switch Zoe into a "family- care" arrangement, in which she spends seven hours a day in the home of another mother. Theriot toured a dozen such facilities before selecting one. "I can't even tell you what I found out there," she bristles. In one home the "kids were all lined up in front of the TV like a bunch of zombies." At another she was appalled by the filth. "I sat my girl down on the cleanest spot I could find and start- ed interviewing the care giver. And you know what she did ?" asks the incredulous mother. "She began throwing empty yo- gurt cups at my child's head. As though that was playful!" Theriot is none too sure that the cen- ter she finally chose is much better. Zoe's diapers aren't always changed, instruc- tions about giving medicine are some- times ignored. and worse, "she's started having nightmares." En route to day care on a recent day, Zoe cried out. "No TIME. JUNE 22. 1987 55 R i Kieczowski, 4 1 /2, is about to be dropped off by his mother at a Rahway, N.J., day -care center funded by Merck & Co. into the work force. the trend will acceler- ate. "We are in the midst of an explosion," says Elinor Guggenheimer. president of the Manhattan -based Child Care Action Campaign. In ten years, she predicts, the number of children under six who will need daytime supervision will grow more than 50%. Says Jay Belsky. a professor of human development at Pennsylvania State University: "We are as much a soci- ety dependent on female labor, and thus in need of a child -care system, as we are a society dependent on the automobile, and thus in need of roads." At the moment, though, the Ameri- can child -care system —to the extent that there is one —is riddled with potholes. Throughout the country, working parents are faced with a triple quandary: day care is hard to find, difficult to afford and often of distressingly poor quality. Waiting lists at good facilities are so long that parents apply for a spot months before their chil- dren are born. Or even earlier. The Em- pire State center in Farmingdale, N.Y., received an application from a woman at- torney a week after she became engaged to marry. Apparently she hoped to time her pregnancy for an anticipated opening. The Jeanne Simon center in Burlington. Vt., has a folder of applications labeled "preconception." Finding an acceptable day -care ar- rangement is just the beginning of the struggle. Parents must then maneuver to maintain it. Michele Theriot of Santa Monica, Calif, a 37-year-old theatrical producer, has been scrambling ever since her daughter Zoe was born 2% years ago. In that short period she has employed a Danish au pair, who quit after eight months: a French girl, who stayed 2%2 months: and an Iranian. who lasted a week. "If you get a good person, it's great." says Theriot, "but they have a ten- dency to move on." Last September. nu enm Theriot decided to switch Zoe into a "family- care" arrangement, in which she spends seven hours a day in the home of another mother. Theriot toured a dozen such facilities before selecting one. "I can't even tell you what I found out there," she bristles. In one home the "kids were all lined up in front of the TV like a bunch of zombies." At another she was appalled by the filth. "I sat my girl down on the cleanest spot I could find and start- ed interviewing the care giver. And you know what she did ?" asks the incredulous mother. "She began throwing empty yo- gurt cups at my child's head. As though that was playful!" Theriot is none too sure that the cen- ter she finally chose is much better. Zoe's diapers aren't always changed, instruc- tions about giving medicine are some- times ignored. and worse, "she's started having nightmares." En route to day care on a recent day, Zoe cried out. "No TIME. JUNE 22. 1987 55 Some women are angry that the QWst movement failed to foresee the conflict that would arise between work and family life. "Safe, licensed child care should have been as prominent a feminist rallying cry as safe, legal abortions," observes Joan Walsh, a legislative consultant and essay- ist in Sacramento. In the early 1970s, there was a flurry of congressional activity to provide child- care funds for the working poor and regu- late standards. But under pressure from conservative groups, Richard Nixon ve- toed a comprehensive child- development program in 1971, refusing, he said, to put the Government's "vast moral authority" on the side of "communal" approaches to child rearing. The Reagan Administra- tion has further reduced the federal role in child care. In inflation - adjusted dollars, funding for direct daycare subsidies for low- and middle- income families has dropped by 28 %. California, Minnesota. Massachu- mothers. According to a Census Burea% report called "o ' s Minding the Kids, 37% of preschool children of working mothers spend their days in such Facili- ties. An additional 23% are in organized daycare centers or preschools. The third type of arrangement, which prevails for older children and for 31% of those under five, is supervision in the child's own home by a nanny, sitter, relative or friend. Home -based groups are popular pri- marily because they are affordable, some- times costing as Little as $40 a week. The quality depends on the dedication of the individual mothers, many of whom are busy not only with their paid charges but with their own children as well. Darlene Daniels. 31, a single mother of three in Chicago, has been through four such sit- ters in six months. Two proved too expen- sive and careless for Daniels, who was earning $7 an hour as a janitor; another robbed her. "For most people, it's not -heir own kids, and they're just look- Psettling on Clara Hawkes, 47, an artist from Santa Fe whose own daughter is a National Merit Scholar. "You don't want to gamble with your child," says Ray. Au pairs, usually European girls be- tween 18 and 25, are less expensive. re- ceiving an average of $100 a week plus room and board. Most stay only a vear, and few have legal working papers. The immigration taw that took effect this month will make the employers of such workers liable for fines up to $10000 though the Immigration and Naturaliza- tion Service does not plan an aggressive crackdown on domestic help. Concerns about legality have led more families to hire American au pairs — frequently teenage girls from the Midwest and often Mormons. "We Mor- mons come from big families, so we have experience with kids," explains Karen Howell. 19, a Californian who is spending a year with a Washington, D.C., family. "We don't drink, and we know the mean- YOV FLAY H49WIL �A: Kip. u6rz AVN#fY. setts, New York and Connecticut are among the few states that have devoted considerable resources to improving child -care programs. Most states have done virtually nothing. Thirty-three have lowered their standards and reduced en- forcement for licensed day -care centers. As of last year. 23 states were providing fewer children with day care than in 1981. Nor have American businesses stepped in to fill the void. "They acknowl- edge that child care is an important need, but they don't see it as their problem," says Kamerman. Of the nation's 6 mil- lion employers, only about 3,000 provide some sort of child -care assistance. That is up from about 100 in 1978, but most mere- ly provide advice or referrals. Only about 150 employers provide on -site or near-site day -care centers. "Today's corporate per- sonnel policies remain stuck in a 1950s time warp," charges David Blankenhorn, d of the Manhattan -based Institute for American Values. "They are rooted in the quaint assumption that employees have 'someone at home' to attend to fam- ily [natters." There are basically three kinds of day care in the U.S. For children under five, the most common arrangement is "fam- ily" or "home- based" care, in which tod- dlers are minded in the homes of other ing at the dollar sign," she complains. Only eight states have training re- quirements for home -based centers. Reg- ulations governing the ratio of attendants to tots vary widely. In Maryland there must be one adult for every two children under age two. But in Georgia each adult is allowed to care for up to ten children under age two and, in Idaho, twelve. A private nanny or au pair usually assures a child more individual attention. Professional couples, who must work long hours or travel, often find that such live -in ar- rangements are the only practical solu- tion, though the cost can exceed $300 a week. However, most live -in sitters in the U.S., unlike the licensed nannies of Brit- ain, have no formal training. Many speak English poorly, and agencies frequently do a cursory job of screening them. A Dal- las mother who asked an attorney friend to run a check on her newly hired nanny was told the woman was wanted for writ- ing bad checks. "People need a license to cut your hair but not to care for your child," observes Elaine Claar Campbell, a Chicago investment banker. She and her lawyer- husband Ray, armed with five pages of questions. spent three months in- terviewing more than 50 people, before UNIVERSAL PRESS 1YR01CAll 011.1. A TILEEE, ing of hard work." Two agencies —the Experiment in International Living and the American Institute for Foreign Study —have Government permission to bring in 3,100 European au pairs a year on cultural-exchange visas. Although the programs are more expensive than tradi- tional au pair arrangements, host families are assured that their helpers are legal. The professional daycare center is the fastest - growing option for working parents. There are an estimated 60,000 around the country, about half nonprofit and half operated as businesses. Costa vary widely, from $40 a week to as much as $120. In the best centers, children are cared for by dedicated professionals. At the nonprofit Empire State center in Farmingdale. N.Y., teachers make up les- son plans even for infants. Empire, which receives partial funding from New York State, keeps parents closely informed of their child's development. "If a child takes a first step, develops in the least, that parent is called," says Director Ana Fontana. Not all day -care centers are so consci- entious. Day -care staffers rank in the low- est 10% of U.S. wage earners, a fact that contributes to an average turnover rate of 36% a year. Says Caroline Zinsser of the Center for Public Advocacy Research in JO TIME. JUNE 22. 1987 employers. Massachusetts Governor Mi- chael Dukakis, who has established the country's most comprehensive state -sup- ported day -care system, would like to see the Federal Government fund similar pro- grams throughout the U.S. Last week the issue surfaced on Capi- tol Hill. In the House, Republican Nancy Johnson of Connecticut and Democrat Cardiss Collins of Illinois introduced leg- islation to establish a national clearing- house for information on child -care ser- vices. A Senate subcommittee began hearings focused on .ae shortage of good-quality, af- fordable day care. Says Chairman Christopher Dodd of Connecticut: "It's about time we did something on this critical problem." Without much federal help, the poorest mothers are caught in a vise. Working is the only way out of poverty, but it means putting children into day care, which is unaf- fordable. "The typical cost of full-time care is about $3,000 a year for one child, or one- third of the poverty -level in- come for a family of three," says Helen Blank of the Chil- dren's Defense Fund in Washington. As a result, many poor mothers leave their young children alone for long periods or entrust them to siblings only slightly older. Others simply give up on working. Rosalind Dove, 29, of Los Angeles, is giving it her best shot. A single mother of four, she worked for five years as a custodian in a public high school, bringing home $1,000 in a good month. "I was paying $400 a month for child care," she recalls. "We didn't buy anything." When that failed, she began bringing her children to work with her, hiding them in an empty home- econom- ics classroom while she mopped floors and hauled huge barrels of trash for eight hours a day. "I'd sneak them in after the teacher left and check on them every 30 minutes or so." She finally quit last Febru- ary and slipped onto the welfare rolls. She applied for state child -care assistance, only to learn there were 3,000 others on the waiting list. Frustrated, she returned to work this month. "Don't ask me how I'm going to manage," she says. Child care has always been an issue for the working poor. Traditionally, they have relied on neighbors or extended family and, in the worst of times, have left their children to wander in the streets br tied to the bedpost. In the mid -19th centu- ry the number of wastrels in the streets was so alarming that charity- minded so- ciety ladies established day nurseries in cities around the country. A few were sponsored by employers. Gradually, local regulatory boards began to discourage in- fant care, restrict nursery hours and place emphasis on a kindergarten or Montesso- ri- style instructional approach. The nurs- eries became nursery schools, no longer suited to the needs of working mothers. During World War II, when women were mobilized to join wartime industry, day nurseries returned, with federal and local government sponsorship. Most of the cen- ters vanished in the postwar years, and the Donna Reed era of the idealized nu- clear family began. Two historic forces brought an end to that era, sweeping women out of the home and into the workplace and creating a new demand for child care. First came the feminist movement of the'60s, which en- couraged housewives to seek fulfillment in a career. Then economic recessions and inflation struck in the 1970s. Between 1973 and 1983, the median income for young families fell by more than 16 %. Suddenly the middle -class dream of a house, a car and three square meals for the kids carried a dual- income price tag. "What was once a problem only of poor families has now become a part of daily life and a basic concern of typical Ameri- can families," says Sheila B. Kamerman, a professor of social policy and planning at Columbia University and co- author of Child Care: Facing the Hard Choices. f "If you get a good person, it's great, but they have a tendency to move on" EMILIA DAVIS, WITH CHILDREN MICHELE THERIOT AND ZOE TIME, JUNE 22. 1987 57 Community Daycare Center M Boston "When my kids see me doing something with my life, they think they can do it too" A few companies are in the'Nefront. Merck & Co., a large pharmaceutical con- cern based in Rahway, N.J., invested $100,000 seven years ago to establish a daycare center in a church less than two miles from its headquarters. Parents pay $550 a month for infants and $385 for tod- dlers. Many spend lunch hours with their children. "I can be there in four minutes," says Steven Klimezak, a Merck corpo- rate- finance executive whose three -year- old daughter attends the center. "It's very reliable, and that's important in terms of getting your job done." Elsewhere in the country, compa- nies have banded together to share the costs of providing day -care services to employees. A space in Rich's department store in downtown Atlanta serves the children of not only its own employ- ees but also of workers at the Federal Reserve Bank of Atlanta, the First Na- tional Bank of Atlanta, Georgia -Pa,,,F and the Atlanta Journal and Constitution newspapers. Businesses that have made the invest- ment in child care say it pays off hand- somely by reducing turnover and absen- teeism. A large survey has shown that Parents lose on average eight days a year from work because of childcare problems and nearly 40% consider quitting. Studies at Merck suggest that the company also saves on sick leave due to stress - related illness. "We have got an awful lot of com- ments from managers about lessened stress and less unexpected leave time," says Spokesman Art Strohmer. At Stride Rite Corp., a 16- year -old, on -site day -care center in Boston and a newer one at the Cambridge headquarters have engen- dered unusual company loyalty and low turnover. "People want to work here, and child care seems to be a catalyst," says Children of the World T he U.S. lags behind almost every other industrial nation, and indeed much of the world, in offering an adequate childcare system. More than 100 other countries have na- tional policies, and many European countries have extensive networks of centers that are subsidized and regulated by the government. Nevertheless, as women flood the marketplace, even countries with relatively comprehensive systems find there are simply too many youngsters who need watching. A sampling: FRANCE. Working moth- ers are legally entitled to at least 16 weeks' maternity leave at 84% of their salaries. Some 79,000 children are cared for in 1,494 centers, called cr6ches, of which 167 are private. The state -run centers are open eleven hours a day and cost between $3 and $17.50 dally. Because the cr6ches are oversubscribed, the government offers subsi- dies of as much as $340 a month to parents who hire _ help at home. In addition, there are haltes garderies, where children up to five Stride Rite Chairman Arnold Hiatt. "To me it is as natural as having a clean -air policy or a medical benefit." The generation of workers graduating from college today may find themselves in a better position. They belong to the "baby- bust" generation, and their small numbers, says Harvard Economist David Bloom, will force employers to be creative in searching for labor. Child -care ar- rangements, he says, will be the "fringe benefits of the 1990x." The economics of the situation, if nothing else, will provoke a change in the attitude of business,just as the politics of the situation is changing the attitude of government. In order to attract the necessary women —and men —em- ployers are going to have to help them find ways to cope more easily with their duties as parents. —By claudta Wants lipattad by Jan A MWI/tos Angeles, Melissa LWt Ate /Boston andEllzabeth Taylw/Chlcago ing to family income. Of 240,000 Jewish youngsters four and under, nearly a quarter are in day care. (Few of Israel's Arab families take part.) Critics complain that the children-to- teacher ratio is much too high (as many as 25 to 1), and bud- get constraints forced the government to stop building new centers four years ago. Private social - service groups have continued their building efforts, but there is still a shortage. "If we could build another 200 day -care centers," says Yvette Saadan, director of the Labor Ministry Women's Bu- reau, "we could fill them." JAPAN. Most Japanese still believe a woman is sh her responsibility if she is not at home with her children. But th be f can be left to play for a few Changing diapers at one of the hours at a time, and nourrices, mothers who care for other children as well as their own. SCANDINAVIA, In Sweden, new parents are guaranteed a one -year leave of absence after childbirth; the first half is reserved for the mother, who receives 90 of her salary from social security. Denmark offers new patents a maxi- mum leave of only 24 weeks, the first 14 for mothers, but has a larger network of day -care facilities. Nearly 44% of Danish children younger than three and 69% of those between ages three and five are enrolled in a public facili- ty. With fees as low as $115 a month, demand is high. There are so few spaces for infants that municipalities now pay women to watch two or three babies in their homes. ISRAEL. New mothers are entitled to twelve weeks' paid and 40 weeks' unpaid leave. The country has 900 subsidized centers, which charge between $27 and $90 a month accord- e num r o roamed Japa- q nese women who have re- turned to work has quadru- j pled in the past 20 years. > Mothers are given 14 weeks of maternity leave but usually quit work to care for their ba- bies. Child -care facilities vary between licensed and unlicensed, public and pri- vate. Most of the nearly 23,000 licensed centers do not accept newborns, and the better ones have long waiting lists. Despite the growing number of working women, the government is not push- ing to expand day care. Ob- atate- organized eriehes in Pais serves one Tokyo university professor: "Discrimination against women exists in various forms, with insufficiency of the child -care system being one example." SOVIET LINION. Working women are given about four months' fully paid maternity leave and may take additional leave at approximately one-quarter pay until their child's first birthday. There is no paternity leave. Although the govern- ment offers comprehensive day care after an infant's third month, Soviet nursery centers are considered poorly run. Many parents depend on friends and relatives, most notably babushkas (grandmothers), to care for very young children, though preschoolers generally attend kindergartens from age three. The government claims it is working to improve and ex- pand service, but complaints continue, especially in rural ar- eas. Iasi year it was reported that 90,000 mothers in the Cen- tral Asian republic of Turkmenia were staying home instead of working because there were so few kindergartens. 60 TIME. JUNE 22. 1987 Manhattan: "It says somethinp,, ,ut our society's values that we pay animal care- takers more than people who care for our children." Gilda Ongkeko is delighted with the quality of the Hill an' Dale Fam- ily Learning Center in Santa Monica, Calif., attended by Jason, 4. In her job as owner of a preschool- supply company, she has come to appreciate how unusual it is. "I've been to over 1,000 child -care cen- ters," she says, "and I'd say that 90% of them should be shut down. It's pathetic." xperts worry that a two -tier sys- tem is emerging, with quality care available to the affluent, and every- one else settling for less. "We are at about the same place with child care as we were when we started universal educa- tion," says Trgler of Yale. "Then some kids were getting Latin and Greek and being prepared for Harvard, Yale and Princeton. Other kids were lucky if they could learn to write their own name." In 1827 Massachusetts led the way to universal education by becoming the fast state to require towns with 500 or more families to build high schools. Now it is showing the way to universal child care. Aided by a booming economy, the state has worked out a program with employ- ers, school boards, unions and nonprofit groups to encourage the expansion and improvement of childcare facilities. Small companies and groups can receive low -in- terest loans from the state to build day- care facilities. Funds are earmarked for creating centers in public housing projects. School systems can get financial aid for af- ter- school programs. A statewide referral network serves both individual parents MOTHERS OF CHILDREN UNDER SIX and corporations looking for child care. Emilia Davis, 38, of Boston's work- ing -class Roslindale section, is the benefi- ciary of another of the state's far - reaching programs. After years of dependence on welfare to support herself and her five children, Davis, who is separated from her husband, is now going to college with the ultimate hope of finding a job. The state's E.T. (employment and training) program provides her with vouchers for day care in the public housing complex where she lives. "Child care is an absolute precondition if one is serious about trying to help people lift themselves out of pover- ty," insists Governor Dukakis. Though the state will spend an estimated $27 mil- Should business provide day care? Yes 51% 56% 46% A Woman's Place In a poll for TIME by the firm Yankelovich Clancy Shulman*, 80% agreed with the statement that `many women todayare havinga hard time balancing the demands ofraising children, marriageand work. "Here are some of the findings: Children 24%57% The workplace 66%12% Women in general 72%14% In your view, most married worm prirlartM Because they want to For economic reasons 26% 53% 22% 61% 69% 10% 62% 15% 70% 14% 73% 13% n who work do so 19% 16% 23% 66% 68% 64% *The findings are based on a telephone survey of 1,014 adult Americans. The potential sampling error is plus or minus 3 %. No lion on day care under the E.T. program this year —and a total of $101 million on all child -care related services —it claims to have saved $121 million in welfare costs last year alone. Next month the state will begin a pilot program that will pay 20% to 40% of child -care costs for 150 working -class families. San Francisco has adopted another innovative approach. It requires develop- ers of major new commercial office and hotel space to include an on -site child- care center or pay $1 per sq. ft. of space to the city's child -care fund. The state of California is spending $319 million this year on child -care subsidies for 100,000 children. It also funds a network of 72 re- source and referral agencies. Because such state programs are the exception, a number of political leaders and lobbying groups are calling for feder- al intervention. This summer a coalition of 64 groups— including the National Education Association, the American Federation of Teachers and the Child Welfare League of America —will pro- pose a comprehensive national child -care bill, which will probably call for increased support to help low- and moderate -in- come families pay for child care. Legisla- tion has already been introduced in both houses of Congress to create a national parental -leave policy. In an era of towering federal deficits, much of the future initiative will have to come from the private sector. By the year 2000, women will make up half the work force. Says Labor Secretary Bill Brock: "We still act as though workers have no families. Labor and management haven't faced that adequately, or at all." 39% 34% 46% Should government do more to provide I da Yes 54% 56% 51% Im 43% 39% 48% TIME. J UNE 22, 1987 59 More women are warkilg outside the home these days. H are of you had to give t4 your Job for some reaso Do you ft& this Is good or bad for. whoe J sob would it be? nPIN Husband's 10% 11% 9% Wife's 84% 84% 83% Marriages 45% 36% 46% 34% 44% 39% TO: Mayor and Council THRU: Bob Anderson, City Manager FROM: Tom Baker, Planning Office RE: Marolt- Thomas Parcel DATE: August 14, 1987 PURPOSE OF ITEM Over the past two years numerous requests have been made of Council regarding the use of the Marolt- Thomas site. As a result Council has directed staff to present current plans for this site. Staff's presentation will divided into five parts: 1. To summarize the adopted Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Element; 2. To explain the adopted concept plans for the Marolt- Thomas Parcel; 3. To identify the existing conditions of the Marolt- Thomas site including existing structures, trails, uses, zoning, as well as an analysis of how the parcel was purchased. 4. To list the uses which have been suggested by various citizens or groups of which the Planning Office is aware. 5. To discuss the appropriateness of the Marolt- Thomas plans and affirm the plans or give staff direction regarding a plan amendment. PARES /RECREATION /OPEN SPACE /TRAILS ET NT - During the spring and summer of 1985 the Planning and Zoning Commission developed and adopted the Aspen Area Comprehensive Plan: Parks /Recreation /- Open Space /Trails Element, with City Council endorsement. (For reference purposes staff has attached a copy of the Element.) The following is a summary of that report. Major Findings:(Council has already acted on many aspects of this Plan) o Deficiencies in park space and softball fields; o Inadequate maintenance of the trail system; o Missing links in the trail system; o Inadequate access to and information about the trail system; o Potential short-term and long -term funding problem for maintenance of parks and trails; and o The need to develop a priority list for funding of Parks /Recreation /Open Space /Trails needs. In terms of park deficiencies, the Planning staff proposed to develop new softball playing facilities at Marolt- Thomas, Rio Grande and Mollie Gibson, and to develop the Koch Parcel as a passive park. After much discussion with the public and Parks staff, the Aspen Planning and Zoning Commission set the following guidelines for the development of park plans: o To consolidate, as much as possible, new active playing fields (softball) at one location - ideally the Iselin Park area, because a basic infrastructure was already in place (concessions, restrooms, irrigation system); o Marolt- Thomas should function as a passive park, void of obtrusive recreational hardware, landscaped to enhance the City's "Entrance ", but flexible enough to be used for a variety of recreational activities; o Mollie Gibson and Koch should be flexible and function as passive neighborhood parks; and o Continue to develop multi -use playing fields. Due to the trendy nature of sports activities, playing fields must be developed that are flexible enough to accommod- ate a wide range of field sports (this is the current practice of the Parks and Recreation Departments). In terms of trails, maintenance was found to be an immediate concern. The staff discussed the maintenance problem with trail maintenance personnel and learned that a maintenance program for trails needed to be built from the ground up, including the acquisition of equipment. Both the P &Z and the staff felt that a maintenance problem of this magnitude could best be addressed through a combination of the capital improvement program and the annual operating budget. Additionally, access to the trails from the City was found to be difficult and access from one trail to another was shown to be unclear. To remedy this problem the Commission suggested a system of bicycle lanes /pedestrian corridors with appropriate signs and sidewalks, and the develop- ment of a brochure describing the entire trail system. In terms of open space acquisition, both the Commission and the staff advocated a short -term shift in spending from open space acquisition to trail maintenance and park development. It was felt that over the past 15 years the City had acquired signifi- cant open space holdings, but had not kept pace with park needs. In terms of recreational programs, facilities and upkeep, the Commission felt that the City Recreation Department was doing an excellent job of offering a variety of programs and collaborating with the Aspen School District to effectively utilize the indoor facilities available to the community. The P &Z developed concept plans for the four previously mentioned parcels (please refer to the attached Element): o Iselin pp. 27 -28, active recreation park; o Marolt- Thomas pp. 29 -32, passive park, hub of trail system, "Entrance to Aspen" enhancing the community's image; o Koch pp. 32 -33, trailhead for base of the mountain trail, passive park with potential to replace volleyl- ball courts at Willoughby if ski museum develops; and o Mollie Gibson pp. 32 -33, passive park and trailhead for proposed Salvation Ditch Trail. The P &Z also developed a plan for the open space/ trail system which was comprised of two rings of open space around the Aspen Area connected by the trails (pp.35,36,41). MAROLT- THOMAS CONCEPT PLANS The adopted plans for Marolt- Thomas call for the parcel to be developed as a passive park which could be used for a variety of activities without being specialized. The P &Z developed two concepts to show that the Plan could work whether the highway entered town on the existing alignment or whether the highway entered town directly on Main Street. This passive park was designed to also serve as a hub for the trail system, but perhaps most important was this parcel's ability to serve as a key piece of open space at the City's west entrance; a parcel free of development making a statement about Aspen's image to all who travel through it. Staff will present drawings of the Marolt- Thomas concept plans and make a brief presentation at the meeting. MAROLT- THOMAS EXISTING CONDITIONS Size of the parcel is 74.5 acres. Structures on the site include ranch house, two car garage, small out building, open sided shed, large barn which was once part of the lixiviation works. r 5 Uses on the site include nursery, storage of materials and equipment for the undergrounding project. Zoning on the site - Conservation (39.2 acres) R 15 PUD SPA (35.2 acres) note: we recommend that rezoning of this site to P -Park be pursued. Acquisition of the site - open space money 57.5 ac. - transportation money and park dedication fee 6.76 ac. - donation 10.1 ac. Staff will present this information in map form at the meeting. USES PROPOSED FOR THE SITE The following is a list of the uses which have been suggested for the Marolt- Thomas site. Passive Park Active Park Open space MAA Housing MAA Performing Pitkin County Fair Employee Housing Day Care Facility Elementary School Railroad Terminal Historic Exhibits Historic Museum APPROPRIATENESS OF CURRENT PLANS It is the opinion of the staff and the Planning and Zoning Commission that the current concept plans for the Marolt- Thomas parcel are still valid. The theme of staff's comments during tonight's discussion will be "The Marolt- Thomas parcel is a very important piece of property at the Entrance to Aspen. Our long - range vision for this parcel is to have it function as a state- ment of community values expressing how we view ourselves; this is the image we wish to present to all travel to Aspen; and short -term decisions may compromise our vision." REFERENCE MATERIAL Attachment A - Historical Society proposal for Marolt- Thomas Attachment B - MAA proposal for Marolt- Thomas Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Element 4 The Stallard House 620 West Bleeker Street 925 -3721 14 p.m. Except Mondays August 10, 1987 Aspen /Pitkin Planning Denartment City of Aspen 130 S. Calera Street Lsnen, Colorado 81511 Dear Piembers: The Aspen Historical Society has made a reauest to lease the Holden Lixiavation Building from the cite for the purpose of restoring this one- of- a -kind structure so that future �pnerations may continue to enjoy the history it represents in the Aspen area. We would use it for the display of our many i•anchin exhibits. We have been asked to participate in the work session on August 17 and have prepared the racket of information attached so that you may have time to look through this information prior to this work session. We have enclosed the original history, our specific plans, estimated costs and the time frame involved. We look forward to meeting with you on Monday to further explain this material. Please let us know if you have other questions or material which you might need prior to the work session. i•!e appreciate your time and effort on this project and hope this packet might be helpful to you prior to the meeting. Sincerely, Carl Carl R. Bergman President CRB: cmb Enclosures c ALPINE CONSTRUCTION CO.. INC. 728 EAST HOPKINS AVENUE �- ASPEN. COLORADO 81611 PHONE: (303( 925 -7007 June 26, 1987 Carl Bergman Aspen Historical Society 620 West Bleeker Aspen, CO 81611 Dear Carl: In reviewing the renovation of the Marolt Barn, I have come up with the following time frame: Items one through six would take approximately six weeks to complete. Items seven through ten would take approxi- mately four weeks to complete. Items eleven and twelve would be done within the ten weeks outlined above. Since Don Sten Westerlind President kar .. ... . .... ....,.. Dear Carl: ; r Per our conversation on June 1, following are some ROUGH Cost$ that ` we will be facing when we fix up the Marolt Barn:'' 1. kedo roof: install new fascia boards - 4" urethane insulation, plywood backing and asphalt shingles. SIZ.400 : 2. Redo front access deck: replace existing with twa layers of 2 X 12 and add fascia. 9OOt>: .. 3. Add new steps /entry up to access deck 000 4. Add guardrail to access deck. t,00ti' y 5. Rebuild 11 windows. 3,300 6. Rebuild six large doors. 3,1100 7. Redo lean -to shed so that it Joins the Pairs building above window level. 4,000 {.- ,�•;- 0. Re -tin lean -to shed. 1,20$ st 9. Redo door at shed and add landing and stairs. 10. Reside the "skirt" board around the perimeter of the main building. 3 It. Underground electric line to (wilding. 1,150 12. Site improvements. 10.000 Total of Items i through 12 34G,i,51 = Contingency 1 believe we can make the building presentable and functional for .;- approximately °,C,uuu. she roof should be Insulated now so that tae y d' interior remains es is Ynen Lhe 511iid,0g is heated. `Me will have to refinish the :;ells 1asIJ,1 ini vi lasuiate the walls and floor. ..aspactfully. Wn Aelt Westerlind ?resident kar : t. ur i i:+a '�. 1G i� l f11•.'Y2�a'•1 J,- 1." Lt i WN Twin f7nEN HISTORI. AL SOCIETY Specific Plans for Fund Raising - Lixiavation Building - Marolt Property GOAL - To restore structure and establish a Ranching Museum HOW - Obtain definite approval from the city for a 99 -year lease for one dollar per year.' THEN - We would contact twelve established ranchers in the area specifi- cally exnlaining to them that the Aspen Historical Society now has a location and structure suitable to house a Ranching Museum. We would ask for funds, on the basis that we are prepared to start immediately on restoration of the building and start -up of the museum. Because these individuals are specifically interested in ranching, we project receiving 80 per cent of the $50,000.00 from this group (we prefer not to announce names,at this time). The remaining 20 per cent needed would be obtained by a committee (not to exceed 6 people) who would contact all of the remaining ranchers in the area. These would be smaller, more numerous contributions. Because of the nature of the project, only ranchers will be contacted thus assuring the sueess of this solicitation. We know that there are many valuable possessions being saved by these people but, as experience as shown, the majority of items are not turned over to our museum until they feel a secure place is established. w' Finally, in summary, it hand before any request the city for funds, but Hours of Operation Hours of operation will which is open during the 1 :00 until 5:00 p.m. is crucial that we have a contract in is made for funds. We are not'asking- only.for a lease on the -land rand building. be coordinated with our museum.on Bleeker Street summer and winter seasons seven 'days a'week from r o � � a n. .y.�[.4,,,�{_ fiat r `\r✓ .. f a e l f , t •`, '....d' ;wt HOLDEN SMELTINGs14ND�MILLING CO. * r Al All, ,r - ASPENANT- 4t , z n hn THIS PLANT, BUILT IN•18 ORE BY THE RUSSELL PROCESS OF LIXIVIATION �A 'P ,L'EACHINGROCEDURE WHICH TREATED THE ORE WITH A SOLVENT). WAS INDUSTRY. .PRINCIPAL PORTIONS OF THE MACHINERY�.,tRE'IMPORTED FROM GERMANY. THE BUILDING COVERED 12.000 SQUARE FEET THE PLANT HAD A CAPACITY OF 125 TONS } `P,ER' yy 'TI�1�ii,,�; ♦ p `, �? y Y OB CC 4. t . . I I !ry tA- 49% 404 IL At F f -V�' ,YA If ELI I !ry tA- 49% 404 IL At F f -V�' nor I ft,c - 4ww 1, V O •y F -- v o• � o � w C � n m F n • 'l � C C '�' m U• w < •� H O O 7 Y O n ` K w U w y w 7 n _• ti G 3 O � 6S61 ( I NV(' Aspen City Council November 1985 Page 2 Soundproof practice rooms could be built in dorm basements. Presently there is a serious short -fall of individual practice rooms. Our cafeteria facilities have always been deficient. The present site in the community building is so far from student housing that, with their tight schedules, the students sometimes have to skip meals. A cafeteria at the proposed new dormitories would be ideal. It is only a 20 minute walk on a river path to the present Castle Creek campus._ The two campuses would work well together. For this project to be financially feasible, a winter use for the housing would have to be planned. It should provide ideal transient employee housing. Last summer I proposed that a new auditorium be built at the Marolt property. There are problems with highway and aircraft noise so the site is not ideal. Additionally, with its parking requirements, there would be a greater invasion of open space. This reduced proposal should be less controversial. It may seem inappropriate to be discussing additions to the Music School Campus at a time when the Festival is beset by internal conflicts. My view is that the Festival is so important to this community that the town will never let it die. I feel that a building program can bring new vitality and cohesiveness to this endeavor. We would sink deeper roots in the community which would lead to a strengthening of feeling by Aspenites that this is Aspen's Festival. Sincerely, Fredric Benedict Chairman FB /nf ATTACHMENT B November 1985 r " Aspen City Council 130 South Galena Aspen, CO 81611 Dear Members of the Aspen City Council: The Music Associates of Aspen respectfully requests the Council to consider giving a long -term lease to the Music Festival for a portion of the Marolt property. The existing farm buildings could all be adapted to MAA use, and we would save $14,000 annual office rent if Opal's house were used for our Aspen offices. The large barn would give us a much needed orchestra rehearsal space. Many Aspenites feel that it is more appropriate to leave the barn in its historic setting than to move it to the Stallard property for added museum space. The barn's partitions could easily be removed to restore it to its turn -of- the - century character, and its 3,000 square foot space would serve as an ideal rehearsal room. The storage sheds could easily be enclosed. One could be used as a scene shop for Aspen's theatrical productions as well as for our opera. The other shed could store used sets (at present, sets are hauled to the dump). The foregoing uses would not compromise the open space character of the Marolt ranch, but would insure the upkeep of the clustered farm buildings. Community activities such as the vegetable gardens, city nursery and kite landing field would continue to be enjoyed. When the City purchased Marolt, it was recognized that the south end of the property might be put to some other use than open space. The Marolt family gave some of this land to the City. We are pro- posing that three acres of this land be leased to the City for badly needed dormitories for the younger students. Older students would continue to rent apartments in town. It is increasingly difficult to rent dorm space. The Mountain Chalet, Holland House and Snowflake will undoubtedly be sold some day and the new owners will have to maximize their profits to pay off mortgages. I - TO: THRU: FROM: RE: DATE: Aspen City Council Robert S. Anderson, Jr., City Manager Steve Burstein, Planning Office `V'\ Request to Use the Marolt House as Day Care Center July 13, 1987 ZONING OF THE MAROLT PROPERTY: R -15 (PUD)(SPA) COMMENTS: The Planning Office suggests that Council consider the following points in its review of the request to use the Marolt House as a day care center: 1) A day care center is a conditional use in the R -15 zone district, thereby requiring review and approval by the Planning and Zoning Commission prior to being allowed; 2) The Planned Unit Development and Specially Planned Area zoning designations of the property require that a PUD /SPA plan be developed that incorporate this use and the associated site plan. A plan addressing only a portion of the property (i.e., the Marolt House and adjoining yard) can be developed; however, there were general concerns over the appropriate use of the entire Marolt property expressed by Council members at the June 29th meeting. A specific and short -term plan may contradict the overall property plan; 3) The Aspen Area Comprehensive Plan: Parks /Recreation/ Open Space /Trails Element, adopted in July 1985 depicts a conceptual plan for the development of the Marolt- Thomas Parcel into a large passive open space area. The proposed use conflicts with the adopted plan, and should be amended that the day care center use is approved; 4) The proposed use may conflict with the purpose of open space acquisition and captal improvements set forth in Ordinance 16 (Series of 1970) (the 6th Penny). The City Attorney has been requested to give his opinion on the limitations on uses and how such restraints can be changed. No response to this issue has been received as of the time of writing. j Q jj� I 1� SB.Marolt � I Lti' '4 +� Ln7lrl nn 1 i, r �"� MEMORANDUM DATE: August 4, 1987 TO: STEVE BURSTEIN, PLANNING OFFICE FR: FRED GANNETT, ATTORNEY'S OFFICE RE: CONDITIONAL USE EXEMPTION ON MAROLT PROPERTY The following is in response to your memo requesting comments on the issue of whether the proposed use of the Marolt House located on the Marolt Property conflicts with the Aspen City Charter, Section 13.4 entitled Restrictions in the Sale or Change in Use of Property The language of Section 13.4 prohibits City Council from selling, exchanging or disposing of public buildings, utilities or real property in use for public purposes, including real property acquired for open space purposes, without voter app- roval. Nothing in this language prohibits Council from renting, on a short term basis, the Marolt Property to a private citizen. However, the next sentence goes on to state that City Council shall not cause or permit the change in the use of real property acquired for open space purposes, other than for recreational, agricultural or underground easements without voter approval. This section gives rise to various interpretations relating to the definition and intent behind the clause "change in purposes ". In regards to Ruth Stone's application for conditional use /PUD exemption, I do not believe that the issue of potential conflict with the aforementioned charter provision is a issue for the Planning and Zoning Commission. Specifically, Section 24- 3.3(B) (1) (2) (3) set forth the criteria to be considered by the commission in reviewing the suitability of the conditional use. Those conditions are 1. Whether the proposed use otherwise complies with all requirements imposed by the zoning code, 2. Whether the proposed use is consistent with the objectives and purposes of this zoning code and the applicable zoning district and, 3. If the proposed use is designed to be compatible �4w, with the surrounding land uses and uses in the area. Condition number 3 requires the Commission, in my interpret- ation of this section, to determine whether the applicant's proposed use is compatible with the existing use; i.e., whether a day care center is compatible with the existing uses of the Marolt House. This would also include the short term rental of the house to a Parks Department employee, but not the legal interpretation of whether or not the proposed use is in violation of a charter provision. As to whether a conflict exists between the charter pro- vision and the proposed use as a day care center is a question of fact more than a question of law, though answering the question does require some legal interpretation. Specifically, there must be a finding that the proposed use is a change in use of the property, though I'm not sure from what point in time the comparison is made; from the time of acquisition or from the pre- existing use, or from use subsequent to acquisition. The issue of open space use needs to critically examined by the City Council. We are getting increasingly closer to crossing the line of inappropriate use of open space property. However, I do not believe that this issue, the short term use of the Marolt House, should be the focal point of that discussion. Further, City Council has given a clear indication, after advise of legal counsel to the contrary, that it desires to grant a short term lease to Ruth Stone. ;y MEMORANDUM TO: City Attorney FROM: Steve Burstein, Planning office RE: Children's Play Shop Conditional Use /PUD Exemption on Marolt Property DATE: July 29, 1987 I request that in your comments on the proposed day care center in the Marolt house you address the issue of whether this use conflicts with the purpose of open space acquisition set forth in Ordinance 16 (Series of 1970) and Charter Section 13.4 (Ordinance 14 - 1982). This is the main legal issue in the application that has been identified. MEMORANDUM TO: Aspen City Council THRU: Robert S. Anderson, Jr., City Manager FROM: Steve Burstein, Planning Office `v'\ RE: Request to Use the Marolt House as Day Care Center DATE: July 13, 1987 ZONING OF THE MAROLT PROPERTY: R -15 (PUD)(SPA) COMMENTS: The Planning Office suggests that Council consider the following points in its review of the request to use the Marolt House as a day care center: 1) A day care center is a conditional use in the R -15 zone district, thereby requiring review and approval by the Planning and Zoning Commission prior to being allowed; 2) The Planned Unit Development and Specially Planned Area zoning designations of the property require that a PUD /SPA plan be developed that incorporate this use and the associated site plan. A plan addressing only a portion of the property (i.e., the Marolt House and adjoining yard) can be developed; however, there were general concerns over the appropriate use of the entire Marolt property expressed by Council members at the June 29th meeting. A specific and short -term plan may contradict the overall property plan; 3) The Aspen Area Comprehensive Plan: Parks /Recreation/ Open Space /Trails Element, adopted in July 1985 depicts a conceptual plan for the development of the Marolt- Thomas Parcel into a large passive open space area. The proposed use conflicts with the adopted plan, and should be amended that the day care center use is approved; 4) The proposed use may conflict with the purpose of open space acquisition and captal improvements set forth in Ordinance 16 (Series of 1970) (the 6th Penny) . The City Attorney has been requested to give his opinion on the limitations on uses and how such restraints can be changed. No response to this issue has been received as of the time of writing. SB.Marolt APPLICANT'S REPRESENTATIVE:- REPRESENTATIVE'S PHC' *� - OWNERS NAME: SUMMARY 1. Type of Application: CbnJit /Dnel d :;e 0.09 FlenuQlU� 4v,/rl�trd�5�e,itll�F�n „dare P141 2. Describe act l ion /type of development being requested -2 _ r_'T(� -Iti (Pi'J l'5; Aj Io(ete 3. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments ;�j < ✓n1'. �'t?nsCdrr – C, v�si�trty (v�.4ki�p;.pz� "f�; eta • r♦�mi e 7 ✓ J�srr�in �..9:•t b 1( u� - . UStff(�% wl 0 ' xrr)L ne UAL C , - � OVIey , rhpe( , artos _ tlDvl does 4� i. > „w'Y �� iC 99 r Ce {� fUtny b,. L {,•., rrh�r�t,r.� P)pih Oh (hr io.,eN'4 liroiq#,roie) �l,�C-v�ldtli'�Uvu °(' j It 1 1 ,1 0! • v'sed &''" Q CJCt'P�N'�'1� !n't¢n;;a � )P na! �tsv a��l� d t� ir, v rlrgn+e�A�?'�, f���f)r�I �5����tr „�'�C,v'r,d41�P� _ e•R4e� 4. Review is: (P &Z Only) (CC /BOCC Only) (Piz then to CC /BOW W1G..'� =uft. ,. 'Says 1.olvancc 5. Public Hearing: (YES) (NO) 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) [ � (NO) Disclosure of Ownership: (YES) :( si'ry ary ' � 'N5 ='� <huPlopt 7. What fee was applicant requested to submi 6. Anticipated date of submission l 5 �U )J) "h �p Av)ol iI ro tiry 9. COMMENTS /UNIQUE CONCERNS: A rohGelin , It I ij S��i ot)' ae/ c'i1�r. tdr �V1 I hIl1 u(. TO: City Attorney FROM: Steve Burstein, Planning Office RE: Allowed Uses of Properties Purchased with 6th Penny Funds DATE: June 26, 1987 It has been suggested that the City set aside a portion, of the Marolt Property for the relocation of historic structures (threatened by demolition), creating a sort of Victorian Village. Section 7 of Ordinance 16 (Series of 1970) states what the revenues are earmarked for. I request your opinion as to whether a development activity of this kind would be in conflict with the purpose of open space acquisition and capital improvements set forth in the above mentioned ordinance. If there is a conflict, would a referendum vote be necessary before City Council could amend the ordinance? See Sections 6 -2 and 7 of Ordinance 16 on the page attached. The initial idea would be to utilize historic houses for activi- ties of non - profit groups such as senior citizens, boy scouts, girl scouts, garden club, and western music workshop. A former HPC member has brought this idea forward; and I would like to respond to her in the near future. Please respond by July 6. The City -owned Koch Lumber Co. parcel seems to present certain advantages for a relocation site of Victorian houses; and staff is also initially studying this option. There would not be the same restrictions on the Koch property as it was acquired through the Aspen Mountain Lodge PUD agreement. The location and zoning of the Koch property may be more conducive to appropriate uses (i.e., residential) of Victorian houses. If you are aware of any outstanding restrictions on the use of this property, please inform me. Thank you. cc: Bob Anderson, City Manager r RECORD OF PROCEEDINGS 100 Leaves FORM !0 C. F. MOECXEL B. B. f L. CO. ORDINANCE NO. 16 (Series of 1970) AN ORDINANCE CONCERNING REVENUE AND IMPOSING AND LEVYING A ONE PERCENT SALES TAX UPON THE SELLING OF TANGIBLE PERSONAL PROPERTY AT RETAIL UPON EVERY RETAILER AND THE FURNISHING OF SERVICES IN THE CITY OF ASPEN, COLORADO, OPERATIVE AND EFFECTIVE ON AND AFTER JANUARY 1, 1971; PROVIDING THAT SAID REVENUES SHALL BE EXPENDED BY THE CITY COUNCIL FOR THE PAYMENT OF FOOD TAX REFUNDS, AND FOR THE ACQUISITION OF REAL PROPERTY INCLUDING OPEN SPACE OR THE CONSTRUCTION OF CAPITAL IMPROVE- MENTS FOR MUNICIPAL PURPOSES, OR THE PAYMENT OF INDEBTEDNESS INCURRED FOR SUCH ACQUISITION OR CONSTRUCTION OF CAPITAL IMPROVEMENTS FOR MUNICIPAL PURPOSES, FOR THE EXPENDITURES NECESSARY TO PROTECT SUCH PROPERTY AGAINST LOSS, DAMAGE OR DESTRUCTION; THAT CERTAIN REFUNDS SHALL BE MADE TO THE RESIDENTS OF THE CITY OF ASPEN UPON APPLICATION THEREFOR; PROVIDING THAT THE CITY COUNCIL MAY AMEND, ALTER OR CHANGE THIS ORDINANCE, EXCEPT AS TO THE ONE PERCENT RATE OF TAX HEREIN IMPOSED AND THE EARMARKING OF THE REVENUES THEREFROM, UNDER CERTAIN CIRCUMSTANCES; PROVIDING PENALTIES WITH RESPECT THERETO; and, PROVIDNG DETAILS IN RELATION TO THE FOREGOING. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Purpose. The purpose of this Ordinance is to impose a sales tax on the sale of tangible personal property at retail upon every retailer and the furnishing of services in the City of Aspen, Colorado. Section 2. Defini For the purposes of this Ordinance, the definitions of words herein contained shall be as defined in Section 2, Article 5, Chapter 138, C.R.S. 1963, as amended, and said definitions are incorporated herein by this reference. Section 3. Licenses. 3 -1. It shall be unlawful for any person to engage in the business of selling tangible personal property at retail and the furnishing of services without first having obtained a license therefor. Such license shall be granted and issued by the City Director of Finance and shall be in force and effect until the 31st day of December of the year in which it is issued, unless sooner revoked. fpYY •0 C. !, xOF CR EL B. B. R L. CJ RECORD OF PROCEEDINGS 100 Leaves 3 -2. Such licenses shall be granted and renewed only upon application stating the name and address of the per- son desiring such a license, the name of such business and the location and such other facts as the City Director of Finance may require. 3 -3. It shall be the duty of each licensee on or before January 1st of each year during which this Ordinance remains in effect to obtain a renewal thereof if the licensee remains in the retail business or liable to account for the tax herein provided, but nothing herein contained shall be construed to empower the City Treasurer to refuse such renewal except revocation for cause of licensee's prior license. 3 -4. In case business is transacted at one or more separate premises by one person a separate license for each place of business shall be required. 3 -5. Any person engaged in the business of selling tangible personal property at retail and the furnishing of services in the City, without having secured a license therefor, except as specifically provided herein, shall be guilty of a violation of this Ordinance. 3 -6. Each license shall be numbered and shall show the name, residence, place and character of business of the licensee and shall be posted in a conspicuous place in the place of business for which it is issued. No license shall be trans- ferable. 3 -7. No license shall be required for any person engaged exclusively in the business of selling commodities which are exempt from taxation under this Ordinance. RECORD OF PROCEEDINGS 100 Leaves ro.. �0 c, c xo.acL e. e.. L. oa 3 -8. For each license issued, a fee of two dollars shall be paid, which fee shall accompany the application to- gether with an additional fifty cents for filing fee. A further fee of two dollars shall be paid for each year or fraction thereof for which said license is renewed, together with an additional fee of fifty cents for filing fee; provided that only one -half of said two dollar fee shall be charged on licenses issued after July first of any year. Section 4. General Provisions and Exemptions from Taxation. 4 -1. For the purpose of collection, administration and enforcement of this Ordinance by the Director of Revenue, the provisions of C.R.S. 138 -5 -14, 1963, as amended, and C.R.S. 138 -10 -6 1963, as amended, shall be deemed applicable and incorporated into this Ordinance. 4 -2. The amount subject to tax under this Ordinance shall not include the State Sales and Use Tax imposed by Article 5, Chapter 138, C.R.S., 1963, as amended, or the Pitkin County Sales Tax. 4 -3. For the purpose of this Ordinance, all retail sales shall be considered consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of the City of Aspen or to a common carrier for delivery to a destination outside the limits of the City of Aspen. A provision that all sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from said county, town, or city sales tax when such sales meet both of the following conditions: (1) The purchaser is a nonresident of, or has its principal place of business outside of, the local taxing entity; and , Il k RECORD OF PROCEEDINGS 100 Leaves f 09Y 0 L. F. X011111 B. B.B 1 (2) Such personal property is registered or required to be registered outside the limits of the local taxing entity under the laws of this state. 4 -4. The gross receipts from sales shall include delivery charges, when such charges are subject to the State Sales and Use Tax imposed by Article 5 of Chapter 138, C.R.S. 1963, as amended, regardless of the places to which delivery is made. 4 -5. In the event a retailer has no permanent place of business in the City of Aspen, or more than one place of business, the place or places at which the retailer sales are consummated for the purpose of this sales tax shall be de- termined by the provisions of Article 5 of Chapter 138, C.R.S. 1963, as amended, and''''by the Department of Revenue. Section 5. Schedule of Sales Tax 5 -1. There is hereby imposed on all sales of tangible personal property and the furnishing of services a tax equal to one percent of the gross receipts. The imposition of the tax on individual sales shall be in accordance with schedules set forth in the rules and regulations promulgated by the Department of Revenue or by separate ordinance of the City of Aspen. 5 -2. The collection, administration and enforcement of this sales tax is hereby vested in and shall be performed by the Director of Revenue of the State of Colorado in the same manner as the collection, administration and enforcement of the State Sales Tax. The provisions of Article 5 -of Chapter 138, C.R.S. 1963, as amended, and all rules and regulations promulgated by the Director of Revenue, shall govern the collec- tion, administration and enforcement of the sales tax imposed by this Ordinance. RECORD OF PROCEEDINGS 100 Leaves Section 6. Election and Amendments 6 -1. Before this sales tax ordinance shall become effective it shall receive the approval of a majority of the qualified electors of the City of Aspen at a special election to be held on September 1, 1970. 6 -2. The City Council of the City of Aspen may amend, alter or change this Ordinance, except as to the one per centum rate of tax herein imposed and the earmarking of revenues as provided herein, subsequent to adoption by a majority vote of the City Council of the City of Aspen. Such amendment, altera- tion or change need not be submitted to the electors of the City of Aspen, Colorado for their approval. Section 7. Expenditures and Earmarking of Revenue All revenue from this retail sales tax collected by the City of Aspen in any fiscal year shall be set aside in a separate fund entitled "Land Acquisition Including Open Space and Capital Improvements Fund ". The monies of said fund shall be expended by the City Council for the acquisition of real property including open space or construction of capital improvements for municipal purposes, and for the payment of indebtedness incurred for such land acquisition including open space or construction of capital imporvements, food tax refunds payable by the City, and for such expenditures as may be necessary to protect the real properties including open space acquired or the capital improvements constructed from any and all, threatened or actual, damages, loss, destruction or impairment from any cause or occurrences. Section 8. Special Refunds - Food Tax Refund to 8 -1. For purposes of this section, and the refund of food tax collected, "resident of the City of Aspen" shall mean any person who is over the age of sixteen years and who RECORD OF PROCEEDINGS 100 Leaves 11.. '1 C. r..aUeEl .. e. a 1. co. has resided inside the City of Aspen for the entire fiscal year for which the food tax refund is applied for. 8 -2. Any resident, as herein defined, may, not later than April 15, 1972, and not later than each April 15 of every year thereafter and so long as this Code shall be in force, apply, on such forms as provided by the Director of Finance, for an annual food tax refund from the City of Aspen in the amount of $7.00 for himself and, in addition, for every person who is a member of his household, and for whom he is entitled to claim a personal exemption under and pursuant to the federal income tax laws. Any resident who is over the age of sixty -five years shall be entitled to receive an additional food tax refund in the amount of $7.00, and any resident who is blind shall be entitled to receive an addi- tional food tax refund in the amount of $7.00. 8 -3. No person who may be claimed as a personal exemption on another resident's application for refund shall be entitled to an additional food tax refund. If a food tax refund is claimed on more than one application for the same person, the Director of Finance is authorized to determine the person entitled to claim the refund provided for in this section. 8 -4. The application shall be reviewed or examined by the Director of Finance and if he is satisfied that the information provided therein entitles the applicant to a food tax refund, either in the amount claimed or in any amount determined by the Director of Finance, the refund shall be paid. Otherwise the same shall be denied. RECORD OF PROCEEDINGS C 100 Leaves FOAM !0 C. E. HOECNEL B. B. B L. Section 9. Penalty Any person convicted of violating any of the provisions of this Ordinance shall be punished by a fine of not to exceed $300.00, or by imprison- ment of not more than 90 days, or both such fine and imprison- ment. Each and every twenty four (24) hours continuation of any violation shall constitute a distinct and separate offense. Section 10. Effective Date. This Ordinance shall take effect January 1, 1971 and shall apply to all retail sales and furnishing of services unless exempt, made on or after that date. Section 11. Severability If any provision of this Ordinance or the application thereof to any person or circum- stances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this Ordinance are declared to be severable. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of Aspen, Colorado at its regular meeting held at the City of Aspen, Colorado, on the day of 1970. ATTEST; l srv:- cep. -/ .�caa -ct Gam/ City Clerk Mayor r JKB, Inc. P.O. Box 1337 Aspen, CO 81612 FMN J. Kelly Bloomer President August 3, 1987 Mr. Alan Richmond, Director Planning & Zoning Commission 130 S. Galena St. Aspen, Colorado 81611 Dear Alan: Re: Ruth Stone/ Children's Playshop Pursuant to the April 18, 1987 P &Z agenda which will include a hearing and decision with respect to the Marolt house lease for a one year term to Ruth Stone, I have enclosed a copy of our letter addressed to the Asp u Times Aspen Daily Ne ws which solicits y o As mentioned, the Children's PlaysshoP school is vitally important to many people in the community. The Planning & Zoning Com- mission's consideration and support in endorsing Marolt house for her progra the use of the eciated. this next school year will be greatly app Thank you. cc: Ruth Stone Sincerely, 4 enclosure t 71OY PUBLIC NOTICE J `�l RE: CHILDREN'S PLAYSHOP CONDITIONAL USE REVIEW /GNP EXEMP- TION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 18, 1987, at a meeting to begin at 5:00 P.M. before the Aspen Planning and Zoning Commission, lst Floor City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Ruth Stone requesting Conditional Use /GMP Exemption for approval for a day care center for the Children's Playshop to conduct in the Marolt House. The property is zoned R -15 PUD, SPA. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 223. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on July 30, 1987. City of Aspen Account. PUBLIC NOTICE RE: CHILDREN'S PLAYSHOP CONDITIONAL USE REVIEW /GMP EXEMP- TION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 18, 1987, at a meeting to begin at 5:00 P.M. before the Aspen Planning and Zoning Commission, ist Floor City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Ruth Stone requesting Conditional Use /GMP Exemption for approval for a day care center for the Children's Playshop to conduct in the Marolt House. The property is zoned R -15 PUD, SPA. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 223. s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on July 30, 1987. City of Aspen Account. CERTIFICATE OF MAILING I, hereby certify that on this day of 1981 , a true and correct copy of the attached Z tic of Public Hearing was deposited in the United States m 1, irst —class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Planning Office by the applicant in regard to the case named on the public notice. ( �JJVJO-� l Nancy Ca i PUBLIC NOTICE RE: CHILDREN'S PLAYSHOP CONDITIONAL USE REVIEW /GMP EXEMP- TION NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 18, 1987, at a meeting to begin at 5:00 P.M. before the Aspen Planning and Zoning Commission, 1st Floor City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Ruth Stone requesting Conditional Use /GMP Exemption for approval for a day care center for the Children's Playshop to conduct in the Marolt House. The property is zoned R -15 PUD, SPA. For further information, contact the Aspen /Pitkin Planning Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925- 2020, ext. 223. _s /C. Welton Anderson Chairman, Aspen Planning and Zoning Commission Published in the Aspen Times on July 30, 1987. City of Aspen Account. 4z flo l �'y //.�' t-�y `G2Gv� , �� �t�. � Vii' . � 3 � /�z�iLr' -i1C C �-C� . , �� 2 � - � / � . � C% O% C' Z16, 7 2— J�� � �. ILI 75 2S -2 LZ / 6 2— `�C��iL�<��� U(,�Gc- 2��tc.�� GO �.f�'xiyru�%L- �✓`, �GG� /15t� �u-Er GD? U�• - 7 Xezlk lo MEMORANDUM TO: City Attorney City Engineer Parks Department FROM: Steve Burstein, Planning Office RE: Children's Play Shop Conditional Use Review /GMP Exemption DATE: July 23, 1987 Attached for your review and comments is an application submitted by Ruth Stone requesting Conditional Use /GMP Exemption for approval for a day care center for the Children's Playshop to conduct in the Marolt house. The property is zoned R -15 PUD, SPA. Please review this material and send your comments to this office not later than August 7, 1987 in order for this office to have adequate time to prepare for its presentation before P &Z. Thank you. CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED• DATE COMPLETE: G PROJECT NAME-.'-- \ ` ` (�\ Project Address: PARCEL ID AND CASE NO. �� •.�p -per o2.5f7 -87 STAFF MEMBER: ��u �',��pj'� � ���� •Jrn��n.' Revs J��� °,; APPLICANT: `` -&-t' Applicant Address: REPRESENTATIVE: ��1V, >' Representative Address /Phone:_ 7 � . u \ V l.l5 e. 1 r'l �XeYM\fJ TYPE OF APPLICATION: J, Tl ! PAID: YE NO AMOUNT: �1 STEP APPLICATION: P &Z MEETING DATE: ' PUBLIC HEARING: YES NO , • n DATE REFERRED: �0 INITIALS: ( , • c 2 STEP APPLICATION: CC MEETING DATE: DATE REFERRED: PUBLIC HEARING: YES NO INITIALS: REFERRALS: —� City Attorney Mtn. Bell School District Rocky Mtn Nat Gas City Engineer Parks Dept. 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: DATE ROUTED: INITIAL: City Atty City Engineer Bldg. Dept. Other: FILE STATUS AND LOCATION: APPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S I- ..JNE:_ OWNERS NAME: JUL 2 1 1987 SUMMARY _- 1. Type of Application: C bnjj - t/anAi 052 M pbfnp4�lyhi� OPT /lIT(rdl s ee ii'll)F�P jA'ra p}p'h 2. Describe action /type of development being requested: 2 Y „t q : V� _! ti (Peo s91J Io(At 44 eA (r"i,j(" it I'•'ItIH �DB — -- 3. Areas in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agen � 2a�1 �mp�i�, _ S 1I4 P)P4lj N 0esL { rP 1 1V6 'f \ Tnfien „ �)ti Uri O4f4fip _I — ,ilh :i`fon� CDHsl�trhlu 1�p� pa vseB G�a�p�irsw� ry” 11 iv� - _ 1sSv¢ neofstal,�,��� ( v .J ne� t does fi� - mf {Iw j im w'Si O to / t. 4,,J rri l�4 4 111 ie�j;, j.0 Vg, Ey -4p 7 QhtcJ . 11VV 6 Ayod- tidl QrtrA(41 TI'(�rHl } �r(� Hc.•U/�rrt�vr+,,5easti�n /In�h•, M U !1 {r Ii F � 4Q Fm 4e.4j)r 4. Review is: (P &Z Only) . (CC /BOCC Only) (PiZ then t Co C BOCC) Ir AAfs 1n OJVAn CL (YE 5. Public Bearing: S) (NO) 6. Did you tell applicant to submit list of ADJACENT PROPERTY OWNERS? (YES (NO) Disclosure of Ownership: (YES) :(NO) s r!jhY i'i <hVtivp-f 1 1 . 4 I }�f l'Iq0 P ��s�f, eh l nt+ri�lu 7. What fee was applicant requested t submit: r nI , l�l Nh.Fpy , 4 Do )I rAv f ) p) 8. Anticipated date of submission 9. COMMENTS /UNIQUE CONCERNS: C�IL �l ° �t?f�Q✓ ;'i k 44/,J k4'u,d tit Vdr * k`'111 t r,h ASPEN /PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, W 81611 (303) 925 -2020 Date: 0? Cc RE: Dear This is to inform you that the Planning office has completed its preliminary review of the captioned application. We have determined that your application IS NOT complete. Additional items required include= 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 $ A_ Your application A� complete and �V we hav sch 'uled it for We will review by the on call you if we need any additional informati n 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 h e next available agenda. If you have any questions, please call /AO the planner assigned to your case. Sincerely, A /SP /E✓ /N� /nPITRI�N�,PLANNING OFFICE