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HomeMy WebLinkAboutLand Use Case.435 W Main St.0002.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0002.2010.ASLU PARCEL ID NUMBER 2735 12 4 50 051 -3-4- 5 PROJECTS ADDRESS 435 W. MAIN ST PLANNER AMY GUTHRIE CASE DESCRIPTION EXTENTION OF VESTED RIGHTS REPRESENTATIVE ALAN RICHMAN DATE OF FINAL ACTION 2.22.11 CLOSED BY ANGELA SCOREY ON: 8.11.11 Pcwera i Jj 273S'- 2 -- 4. S-o -os3 0002 .2010 •ASL -Lit r- �ti„it_ ms' s EY ' Ill El © File Edit Record Navigate Form Reports Format Tab Help 1 .:J ► ► Iti 3 4J J 1- i i , M A fio Jump 1 . * ®1 0 1 c Main Valuation 1 Custom Fields Actions Fees. 1 Parcels 1 Fee Summary 1 Sub Permits l Attachments Routing Status Routing 1 ► c Permit Type aslu j Aspen Land Use Permit 10002,2010,ASLU ti Address 1435 W MAIN ST J Apt /Suite I ' 0 o Cit (ASPEN State 1CO — I Zip 181611 ?i v — i x Permit Information Master Permit 1 Routing Queue Iaslu07 Applied [0112612010 B Project 1 _J Status ',pending Approved — Description EXTENTION OF VESTED RIGHTS Issued I J Final J Submitted 1ALAN RICHMOND 920 1125 Clock 1Running Days 0 Expires 01/21/2011 A • — Owner Last Name (JEWISH RESRC CTR CHABA 2 First Name I 435 W MAIN ST ASPEN CO 81611 Phone 1(970) 544 -3770 I✓ Owner Is Applicant? Applicant Last Name 1JEWI5H RESRC CTR CHABA J First Name I i 435 W MAIN 5T ASPEN CO 81611 1 , Phone 1(970) 544 -3770 Cust * (26713 Lender Last Name 1 ] First Name 1 Phone 1 Permit lenders full address ! .J � 7 AspenGold(b) Record: 1 of 1 d/ p rmo r l `� l -� ' CAD 4-26/1 v .e. ,,„_, tp i, :p__ 2 ?09 c l ocit „olik �-\\` �, Z 3 RESOLUTION NO. 17 (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS ESTABLISHED BY HPC RESOLUTION #5, SERIES OF 2007, FOR THE JEWISH COMMUNITY CENTER AT 435 W. MAIN STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from The Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, requesting approval of a three -year extension of the vested rights granted for the Jewish Community Center through HPC Resolution 0, Series of 2007; and, WHEREAS, HPC adopted Resolution #5, Series of 2007, which approved worship space, library, office and community areas, affordable housing, and a preschool until February 25, 2010; and WHEREAS, the subject property is described as 435 W. Main Street, lots A -I, Block 38, City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the Jewish Community Center; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the Jewish Community Center under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: City Council Resolution No. 17, Series of 2010. Page 1 Section 1: The Aspen City Council does hereby extend the statutory vested rights as approved by HPC Resolution #5, Series of 2007 for the Jewish Community Center at 435 W. Main Street, Lots A -I, Block 38, City and Townsite of Aspen, Colorado to March 1, 2013, with the following condition: 1. The statutory vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the . development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A duly noticed public hearing on this Resolution was held on the 22' day of February, 2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a 5 to 0 vote on this 22' day of February, 2010. City Council Resolution No. 17, Series of 2010. Page 2 Approved as to form: Approved as to content: . orces er, City Attorney Michael C. Ireland, Mayor Attest: iV /% % Kathryn S. K • /, City Clerk City Council Resolution No. 17, Series of 2010. Page 3 Regular Meeting Aspen City Council February 22, 2010 Mayor Ireland said he met with representatives of the Northern Ute tribe; they are interested in being a sister city. It has been 130 years since there has been a Ute Bear Dance in this area. Jim True, special counsel, told Council by second reading, there will be comments about the 120 square feet allowed for a trash enclosure and the ordinance may be amended then. Councilman Romero moved to adopt ordinance #5, Series of 2010, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Skadron, yes; Johnson, yes; Torre, yes; Romero, yes; Mayor Ireland, yes. Motion carried. ORDINANCE #6, SERIES OF 2010 — Code Amendment Affordable Housing Credits Councilman Torre moved to read Ordinance #6, Series of 2010; seconded by Councilman Romero. All in favor, motion carried. ORDINANCE NO. 6, (SERIES OF 2010) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE TEXT OF THE LAND USE CODE OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Skadron asked whether staff feels this will encourage or inhibit development. Councilman Skadron asked how this amendment might affect how the affordable housing mitigation is being met. Councilman Skadron asked about pricing of the units. Councilman Skadron asked how this might affect neighborhood character. Chris Bendon, community development department, told Council these projects will go through the normal review process, there is no special process. Bendon said this amendment may encourage affordable housing by giving another option to developers to receive housing credits that may be sold to other developers. Bendon said this would be an option in growth management to allow a developer to purchase these units as part of housing mitigation for their development. Bendon told Council the housing credits are issued to the developer of the affordable housing and they are transferable and on the open market. The city does not set the prices; these are transferable properties. Councilman Johnson requested a market analysis on how this might have looked over the last 5 years. Councilman Torre moved to adopt Ordinance #6, Series of 2010, on first reading; seconded by Councilman Johnson. Roll call vote; Councilmembers Romero, yes; Skadron, yes; Torre, yes; Johnson, yes; Mayor Ireland, yes. Motion carried. REQUEST FOR FEE WAIVER — Aspen Jewish Community Center Chris Bendon, community development department, told Council applicants going through the planning review are charged an hourly rate based on the time the case planner 4 Regular Meeting Aspen City Council February 22, 2010 spends on the case. This fee includes overhead, direct and indirect costs. The community development department takes a deposit to cover 12 hours of staff time and anything in excess of 12 hours is billed for. Bendon reminded Council the Jewish Center on Ute Avenue was complicated and required a lot of staff time and P&Z and Council meetings. There is a balance of $13,600. Bendon recommended this be resolved before staff accepted the application for vested rights. Rabbi Mentz told Council the applicants for Ute Avenue met with misinformation which extended the staff and Council time. Rabbi Mentz said the Jewish Community Center is a non -profit organization. Councilman Romero asked if there have been other requests for fee waivers. Bendon reminded Council the applicants for 219 S. Third received a fee waiver under special circumstances; the Red Butte cemetery also received a fee waiver. Staff established a policy regarding fee waivers and they are only allowed upon Council approval and for internal projects and when the fee is out of balance with staff time, such as very small projects. Councilman Johnson noted the request from Rabbi Mentz states the Jewish Community Center is receiving more requests for assistance, tuition and basic needs. Rabbi Mentz said there have been more requests in the last two years for help with basic living expenses. Councilman Torre said the fees are a cost of doing business. Councilman Torre noted he looked over the charges to see if there were any city- induced costs; Councilman Torre said he would support a partial wavier but not a waiver of all the fees. Mayor Ireland noted Council should not waive fees but could make an allocation from the general fund to pay these fees as there are costs associated with staff work. Mayor Ireland said development should pay its own way. Mayor Ireland stated he is disappointed that development of the Ute avenue site is being abandoned; it was an appropriate site for the proposal. The abandonment was not the choice of the applicant and the applicant argues they did not create the staff time expense. Mayor Ireland agreed this should not be a waiver of 100% of the fees; there is some risk in land use applications. Councilman Johnson agreed the waiver should not be 100% and suggested a 50% waiver and a 50% credit toward future building permits. Councilman Skadron stated he, too, thought the development on Ute avenue was appropriate. Councilman Skadron agreed waiving fees is a dangerous precedent. Councilman Skadron asked how this would affect other city expenses since this was not planned for. Steve Barwick, city manager, suggested this could come out of Council contingency. Mayor Ireland said it could also come from reserves or budgetary savings. Barwick noted a work session on the city financial condition is scheduled in March. Barwick said Council should consider what makes this request different from others that will come forward. Councilman Romero asked how many non - profits may have requested wavier of fees. Bendon said it could be substantial. Councilman Romero said the city needs to set criteria and high standards for these type of requests. Councilman Romero agreed there needs to be an appropriateness factor and applications that are in line with community 5 Regular Meeting Aspen City Council February 22, 2010 initiatives or public benefit. Councilman Romero noted there is some risk in going through the land use process and he could support an 80 %/20% split, the applicant paying the 20 %. Councilman Romero said he will wait until the financial update to determine where the city's share could come from. Councilman Torre said he would support this with the split going the other way. Mayor Ireland suggested this come back as a supplemental appropriation identifying the amount of fees collected from non - profits in general over the past year so Council can see the precedent being set. RESOLUTION #17, SERIES OF 2010 — Aspen Jewish Community Center Request for Extension of Vested Rights Chris Bendon, community development department, told Council staff supports this request as they felt it was a good project. The HPC review was difficult and the applicant stayed in the process and was responsive to staff's requests. Bendon said the project was supported by HPC, P &Z and Council. There are extenuating circumstances with the land use application for the Ute Avenue site. Bendon entered into the record a letter from Meta Barton opposed to the Jewish Center on Main street. Mayor Ireland moved to approve the extension of vested rights, Resolution #17, Series of 2010; seconded by Councilman Romero. John Worcester, city attorney, suggested an amendment to include a date of March 1, 2013. Mayor Ireland moved to amend the motion to include the date March 1, 2013; seconded by Councilman Romero. Bendon pointed out condition #1 speaks to the payment of the outstanding fees and this should be deleted. Mayor Ireland amended his motion to delete #1 in Resolution #17; seconded by Councilman Romero. Mayor Ireland opened the public hearing. There were no comments. Mayor Ireland closed the public hearing. Councilman Torre said he would like to see the plans for the changes as approved by HPC in final design review. All in favor, motion carried. ORDINANCE #2, SERIES OF 2010 — Aspen Club SPA/PUD Councilman Torre is recused because he is employed by the Aspen Club. 6 V(IIb MEMORANDUM TO: Mayor Ireland and Aspen City Council THRU: Chris Bendon, Community Development Director / 4 FROM: Amy Guthrie, Historic Preservation Officer RE: 435 W. Main Street, Jewish Community Center — Extension of Vested Rights, Resolution # IT Series 2010, Public Hearing DATE: February 22, 2010 SUMMARY: The Applicant, The Jewish Resource Center Chabad of Aspen, requests an extension of the vested rights for an approved community facility to February 25, 2013— a 3 year addition to the current expiration date of February 25, 2010. The project was originally approved in 2007 and consists of worship space, library, office and community areas, affordable housing, and a preschool, located on the L'Auberge lodge site at 435 W. Main Street. The applicant pursued and received a building permit, but put the project on hold in 2008, while investigating an alternative location at Silver Lining Ranch. In the interim, vested rights for the Main Street proposal elapsed. Staff supports a 3 year extension of the vested rights, as requested. The project, which involved 2 1/2 years of review process, was approved by HPC by a vote of 5 -0, P &Z by a vote of 5 -1, and Council by a vote of 5 -0. As a separate agenda item, Council is reviewing a request for waiver of land use fees associated with the 2009 Jewish Community Center Ute Avenue application. Staff recommends that, if the fee waiver is not granted but Council approves vested rights extension for 435 W. Main Street, the extension should be conditioned on payment of the outstanding fees within one month. APPLICANT /OWNER: The Jewish Resource Center Chabad of Aspen, Rabbi Mendel Mintz. REPRESENTATIVE: Alan Richman Planning Services. LOCATION: 435 W. Main Street, lots A -I, Block 38, City and Townsite of Aspen, Colorado. RECOMMENDATION: Staff recommends that the City Council approve the requested extension of vested property rights, with conditions. RESOLUTION NO. (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS ESTABLISHED BY HPC RESOLUTION #5, SERIES OF 2007, FOR THE JEWISH COMMUNITY CENTER AT 435 W. MAIN STREET, LOTS A -I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS, the Community Development Department received an application from The Jewish Resource Center Chabad of Aspen, represented by Alan Richman Planning Services, requesting approval of a three -year extension of the vested rights granted for the Jewish Community Center through HPC Resolution #5, Series of 2007; and, WHEREAS, HPC adopted Resolution #5, Series of 2007, which approved worship space, library, office and community areas, affordable housing, and a preschool until February 25, 2010; and WHEREAS, the subject property is described as 435 W. Main Street, lots A -I, Block 38, City and Townsite of Aspen, Colorado; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the Jewish Community Center; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the Jewish Community Center under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: City Council Resolution No. , Series of 2010. Page 1 Approved as to form: Approved as to content: John P. Worcester, City Attorney Michael C. Ireland, Mayor Attest: Kathryn S. Koch, City Clerk City Council Resolution No. _ Series of 2010. Page 3 sax 3613 v4a Cs&nada 87612 phone /?ax (970)920 -1125 aric4.nan@aaM 4.net January 25, 2010 Mr. Chris Bendon, Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF JEWISH COMMUNITY CENTER DEVELOPMENT ORDER Dear Chris, The Development Order for the Aspen Jewish Community Center at 435 Main Street was issued on February 25, 2007 (see Exhibit #1) and established a three year period of vested rights for the project. The land use approvals on which the development order are based are City Council Ordinance 36, Series of 2006, and HPC Resolution #5, Series of 2007. The applicant for the project is the Jewish Resource Center Chabad of Aspen. According to Section 26.308.010 C. of the Land Use Code, the Aspen City Council may approve an extension of vested rights. The applicant hereby requests a three (3) year extension of the vested rights for this project, to February 25, 2013. This request is being submitted prior to the date of expiration of the vested rights for the project. Section 26.308.010 C.1 of the Land Use Code provides the criteria for the Council to consider in reviewing a request for the extension of vested rights. The applicant's responses to these criteria provide an explanation of the extension request, as follows: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement. Response: Following are some of the key conditions of Ordinance 36 with which the applicant has complied: 1. The applicant submitted and recorded the final plat (see Plat Book 85 at Page 39 of the Pitkin County Records) and subdivision improvements agreement (see Reception No 543902 of the Pitkin County Records) for the project on November 7, 2007, within the time limits allotted by the Land Use Code. 2. The applicant obtained final approval from HPC pursuant to Resolution 5, Series of 2007 adopted on January 24, 2007. 1 1/4 ed Mr. Chris Bendon January 25, 2010 Page Two b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project. Response: The applicant prepared a complete set of plans for issuance of a building permit for the project and submitted those plans to the City in January, 2008. The plans were actively being reviewed by the City during the subsequent months. However, the applicant put a halt to the review of those plans when a new land use application was submitted for the Silver Lining Ranch in November, 2008. Ultimately, the applicant requested and received a refund of a portion of the building permit review fee. The applicant has spent many hundreds of thousands of dollars preparing the land use applications and building plans for the project and pursuing the necessary City approvals. A more detailed accounting of these costs can be provided if the Council deems it necessary. c. The nature and extent of any benefits already received by the city as a result of the project approval such as impact fees and land dedications. Response: The applicant has not yet made any impact fee payments for this project, although such payments will be made at the time a building permit is issued for the project. d. The needs of the city and the applicant that would be served by the approval of the extension or reinstatement request. Response: The needs of the City and the applicant that would result from this extension are that it would keep the terms of this subdivision approval valid. HPC and City Council both granted unanimous approval to this application, finding it to be the appropriate way to preserve the historic landmark structures on the property and to allow for compatible development of an essential community facility. Since that time the applicant has spent considerable time and money working to get the project under construction. Then the applicant proposed to instead develop the project at the Silver Lining Ranch, but was met with objections from neighbors in the subdivision, whose threats of lawsuits stopped that project. The applicant now asks for additional time to pursue the Main Street project during what has become a dramatically different economic climate than when the project was originally approved. The applicant believes it is in both the applicant's and the City's interest to extend the prior approvals so the applicant can proceed with this needed community facility. Mr. Chris Bendon January 25, 2010 Page Three Conclusion The applicant looks forward to reviewing this request with the Aspen City Council. Please do not hesitate to contact us if you have any questions regarding this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES k t Alan Richman, AICP 1 DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26,304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Jewish Resource Center, Chabad of Aspen, 104 Robinson Road, Aspen, CO, 81611, 5440180. Property Owner's Name, Mailing Address and telephone number 435 W. Main Street, Lots A -I, Block 38, City and Townsite of Aspen, Colorado. Legal Description and Street Address of Subject Property HPC has approved plans for a new Aspen Jewish Community Center. Written Description of the Site Specific Plan and /or Attachment Describing Plan Approved per Resolution #5, Series of 2007, passed on January 24, 2007. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) February 25, 2007 Effective Date of Development Order (Same as date of publication of notice of approval.) February 25, 2010 • Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 5 day o Febru / 2007, by the City of Aspen Community Development Director. Chris :endon, Community Development Director 00" - CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Jewish Resource Center Chabad of Aspen (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Extension of Vested Rights (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735.00 which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. 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V W Q 1' _t • 1 1 i! w rn ... ... —I I'I_ N J _ - C= 1lllllll =ll MI 1 _._ 11-.9 •UI O- 1pp L6 mOI to ri I1 E I= i ILL I= I LL i • N S ^3 ryU °2116 ;.126- $ r y- b d> 4 b • 1— 0 w I— 0 r cc `•n• 4 Z 0 m = 0 cc D 2 I— . CC Q v.� AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 43 u/.4 k W`.. , Aspen, CO SCHEDU ED PUBLIC HEARING DATE: ' as , 2060 STATE OF COLORADO ) ) ss. County of Pitkin ) P " ■ & cL w � .. (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ✓ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) 4ys prior to the public hearing and was continuously visible from the S day of t , 206 0 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) r Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Acr_____ j2s Signature The foregoing "Affidavit of Notice" was acknowledged before me this kniay of FeZ ✓Lc tzec , 2o0/10 by A tan cm man a ��p WITNESS MY HAND AND OFFICIAL SEAL i 0 . ?' � '; �� My c, - mission a pires: 5/ /e - & O /.. i t • 451 ,:y Oi q l£ c Co' Notary Public 4 0 • ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 0 PUBLIC NOTICE RE: 435 W. MAIN STREET, ASPEN JEWISH COMMUNITY CENTER REQUEST FOR EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 22, 2010, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Alan Richman Planning Services, representing the Jewish Resource Center Chabad of Aspen, owner of the subject property. The applicant is requesting an extension of their vested rights, in accordance with Section 26.308.010 of the Municipal Code, for an approved community facility that includes worship and meeting facilities and a preschool. The property is located at 435 W. Main Street. It is legally described as Lots A -I, Block 38, City and Townsite of Aspen, Colorado. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429 - 2758, amy.guthrie@ci.aspen.co.us. All written correspondence related to the application should be sent to the above e-mail or physical address. The applicant's contact information is Jewish Resource Center, Chabad of Aspen, 104 Robinson Road, Aspen, Colorado, 81611, (970) 544-0180. s/ Michael C. Ireland Mayor, Aspen City Council Published in the Aspen Times on February 7, 2010 City of Aspen Account Easy Peep Labels i Bend along line to 1 0 AV ERY® 5160® Use Avery® Template 5160® IC Feed Paper expose Pop -Up EdgeTM j ""*"•k, 1 320 W MAIN LLC 331 WEST BLEEKER ASSOCIATES LLC 501 W HOPKINS LLC 2020 CALAMOS CT 11101 W 120TH AVE STE 300 PO BOX 8769 NAPERVILLE, IL 60563 BLOOMFIELD, CO 80021 ASPEN, CO 81612 501 WEST MAIN LLC 521 -523 W HOPKINS AFFORDABLE ALLAN ANDREW S 532E HOPKINS AVE HOUSING 154 MARION ST ASPEN, CO 81611 -1818 CONDO ASSOC DENVER, CO 80218 521 W HOPKINS AVE ASPEN, CO 81611 ALPINE BANK ALPINE BANK ASPEN AP INDIAN CREEK LLC 56.67% 600 E HOPKINS AV ATTN ERIC GARDEY 601 E HYMAN AVE ASPEN, CO 81611 PO BOX 10000 ASPEN, CO 81611 GLENWOOD SPRINGS, CO 81602 ASPEN HOMEOWNERS ASSOCIATION ARONSON ROBERT P ASPEN FSP ABR LLC A COLO NON PROFIT CORPORATION 1865 PINE RIDGE LN 11921 FREEDOM DR #950 311 W MAIN ST BLOOMFIELD HILLS, MI 48302 RESTON, VA 20190 ASPEN, CO 81611 ASPEN MESA STORE LLC ASPEN SQUARE CONDO ASSOC INC BAILEY RYAN 1994 TRUST 50% C/O ASPEN BLUE SKY HOLDINGS LLC 617 E COOPER 15808798 METAVANTE WAY PO BOX 8238 ASPEN, CO 81611 SIOUX FALLS, SD 57186 ASPEN, CO 81612 BOOKBINDER FISHDANCE & DELANEY BARTON META PACKARD BLONIARZ JOHN W & DONNA L LLC 4475 N OCEAN BLVD APT 43A 1839 N ORLEANS ST 164 LITTLE PARK RD DELRAY BEACH, FL 33483 CHICAGO, IL 60614 GRAND JUNCTION, CO 81503 BRAFMAN STUART & LOTTA BEA TRST BRIDGE WILLIAM & JOSEFINA BRIEN ALICE M 5630 WISCONSIN AVE #401 2075 SHERWOOD DR 332 W MAIN ST CHEVY CHASE, MD 20815 CAMBRIA, CA 93428 ASPEN, CO 81611 BROOKS NORMAN A & LESLEE S BROWDE DAVID A CARINTHIA CORP 16311 VENTURA BLVD #690 604 QUAKER RD 45 E LUPINE DR ENCINO, CA 91436 CHAPPAQUA, NY 10514 ASPEN, CO 81611 CARL E GUNGOLL EXPLORATION LLC CARTER RICHARD P CHAMBERS PETE 6 N E 63RD ST #300 400 E 3RD AVE #804 PO BOX 220 OKLAHOMA CITY, OK 73105 DENVER, CO 80202 CABIN JOHN, MD 20818 CHRISTIANA UNIT D101 LLC CITY OF ASPEN CLEANER EXPRESS C/O FRANKLIN ST PARTNERS LLC ATTN FINANCE DEPT 435 E MAIN ST 215 ZOE WY 130 S GALENA ST ASPEN, CO 81611 MIAMI, FL 33140 ASPEN, CO 81611 Etiquette$ faciles a peter i • 1 Repliez a la hachure afin de I www.avery.com , Utilisez le aabarit AVERY 5160® i charaement ® ® Sens de reveler l rebord Pop-UpTM 1- 800 -GO -AVERY 1 Easy Peel® Labels 1 • IIIMMI Bend along line to 1 0 AVERY® 5160 Use Avery® Template 5160® j ,feed Paper expose Pop -Up EdgeTM j Am A s CLICK JANE COLORADO MTN NEWS MEDIA CORONA VANESSA LOPEZ 333 W MAIN ST #2A 500 DOUBLE EAGLE CT PO BOX 3670 ASPEN, CO 81611 RENO, NV 89511 ASPEN, CO 81612 CORTALE ITA CRETE ASSOCIATES LP CRETE ASSOCIATES LP C/0 UNIVERSITY CITY HOUSING CO 205 S MILL ST #112 3418 SANSON ST PO BOX 1524 ASPEN, CO 81611 PHILADELPHIA, PA 19104 BRYN MAWR, PA 19010 CROW LEY SUE MITCHELL REV TRUST DAHL W ROBERT & LESLIE A DESTINATION RESORT MGMT INC 409 S GREENWOOD AVE 83 PECKSLAND RD 610 WEST END ST COLUMBIA, MO 65203 GREENWICH, CT 06831 ASPEN, CO 81611 DILLON RAY IV DYN RES IV LLC 33.33% EMERICK SHELLEY W PO BOX 10543 C/0 HANSEN CONSTRUCTION INC 2449 5TH ST ASPEN, CO 81612 310 AABC BOULDER, CO 80304 ASPEN, CO 81611 FARR CHARLOTTE FINE FREDRIC N & SONDRA FISERV ISS & CO A N LOWENSTEIN 306 MCCORMICK AVE 412 MARINER DR FBO CAPITOLA, CA 95010 JUPITER, FL 33477 PO BOOX X 1 173873859 DENVER, CO 80217 -3859 FRANKEL KATHY TRUST FRIAS PROPERTIES OF ASPEN LLC GANT CONDO ASSC PO BOX 33 730 E DURANT 610 S WEST END ST UNION PIER, MI 49129 ASPEN, CO 81611 ASPEN, CO 81611 GARMISCH LODGING LLC GOLDENBERG STEPHEN R & CHERYL J GOLDMAN DIANNE L 110 W MAIN ST 430 W HOPKINS AVE PO BOX 518 ASPEN, CO 81611 ASPEN, CO 81611 FAIRFIELD, CT 06824 GUNNING JANINE L GUNNING RALPH H & H PROPERTIES LLLP PO BOX 11705 PO BOX 11912 807 W MORSE BLVD STE 101 ASPEN, CO 81612 ASPEN, CO 81612 WINTER PARK, FL 32789 -3725 HAVENS THERESA A HAYMAN JULES ALAN HILL WILLIAM E PO BOX 1890 9238 POTOMAC SCHOOL DR 322 W HOPKINS AVE CARBONDALE, CO 81623 POTOMAC, MD 20854 ASPEN, CO 81611 HORTON DAYNA L HOWELL DANIEL B & MARY H HUDGENS ROBYN 520 W MAIN ST #22 3701 PALMA CEIA CT PO BOX 428 ASPEN, CO 81611 TAMPA, FL 33629 WOODY CRK, CO 81656 Etiquettes faciles a peter 1 • Repliez a la hachure afin de ; www.avery.com Sens de r eveler le rebord Po U TM ' 1- 800 -GO -AVERY I Itilicn, la na ha rit AVERV® 5760® , P' P r 1 Easy Peel® Labels i • MM. Bend along line to 1 0 AVER 5160® Use Avery® Template 5160® j Feed Paper expose Pop -Up Ed 1 '"` A HY- MOUNTAIN TRANSPORTATION INC ILGEN EILEEN L ILGEN JACK D & ELOISE 111C AABC C/O DAN SODERBERG 17352 HWY 82 #C ASPEN, CO 81611 2569 LOWER RIVER RD CARBONDALE, CO 81623 SNOW MASS, CO 81654 JACOBY FAMILY LP JBG SECOND QPRT JOHNSTON FAMILY TRUST 1402 DUVAL DR C/O GILDENHORN JOSEPH B 2018 PHALAROPE GODFREY, IL 62035 2030 24TH ST NW COSTA MESA, CA 92626 WASHINGTON, DC 20008 KARP MICHAEL KASPAR THERESA D KENDIG ROBERT & SUE 3418 SANSOM ST PO BOX 1637 PO BOX 4649 PHILADELPHIA, PA 19102 ASPEN, CO 81612 ASPEN, CO 81612 LAST NICKEL LLC LESTER JAMES LORENTZEN AMY L C/0 LUCAS PECK BRANDT PC 229 CHRYSTIE ST #1417 409 PARK CIRCLE #3 132 MIDLAND AVE #4 NEW YORK, NY 10002 ASPEN, CO 81611 BASALT, CO 81621 LOT 2 BOOMERANG LOT SPLIT MACDONALD BETTE S TRUST MARTEN RANDOLPH PLANNED COM OWNERS ASSOC 15 BLACKMER RD 129 MARTEN ST 533 E HOPKINS AVE 3RD FL ENGLEWOOD, CO 80110 MONDOVI, WI 54755 ASPEN, CO 81611 MCCARTY DANIEL L MCDONALD FAMILY TRUST MITTEL EUROPA PROPERTIES LLC PO BOX 4051 314 W MAIN ST PO BOX 3678 ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612 MOLLER DIANE T NIX ROBERT JR NORTH AND SOUTH ASPEN LLC 4032 CRYSTAL BRIDGE DR PO BOX 3694 200 S ASPEN ST CARBONDALE, CO 81623 ASPEN, CO 81612 ASPEN, CO 81611 NORTHWAY LLC PERRY EMILY V PRICE DOUGLAS 106 S MILL ST #203 PO BOX 11071 PO BOX 220 ASPEN, CO 81611 ASPEN, CO 81612 CABIN JOHN, MD 20818 PRICE DOUGLAS QUINN CHRISTINE RG BLEEKER STREET LLC 10% PO BOX 8589 DRAWER C -2 PO BOX 10493 ASPEN, CO 81612 SNOW MASS VILLAGE, CO 81615 ASPEN, CO 81612 RICKEL DAVID RISCOR INC ROSENTHAL DIANNE 8324 BROODSIDE RD 2651 N HARWOOD ST #580 PO BOX 10043 HUNTINGTON VALLEY, PA 19006 DALLAS, TX 75201 -1576 ASPEN, CO 81612 -7311 Etiquettes faciles a peter ; • Repliez ala hachure afin de I www.avery.cam es de Utilisez le aabarit AVERY 5160 1 ch reveler le rebord Pop -UpT"' 1 1-800-GO-AVERY 1 Easy Peep Labels i • mom Bend along line to I CA AWRY® 5160® Use Avery® Template 51E0® ; °Feed Paper expose Pop - Up Ed9eTM j ^1 A SCHALL FAMILY TRUST 8/31/1998 SCHEFF JONATHAN & BUTTERW ICK lJ SCOTT MARY HUGH ST MORITZ DR KIMBERLY RUSSELL SC017 III & CO LLC 18518 18518 S A, O TZ DR 6450 AVENIDA CRESTA 5420 S QUEBEC ST #200 SAN DIEGO, CA 92037 GREENWOOD VILLAGE, CO 80111 SCRUGGS DAVID C & PHYLLIS R SHEEHAN WILLIAM J SHERWIN ENTERPRISES LLC 365 RIVERBLUFF PL SHEEHAN NANCY E 0/0 VISTA S R SHERWIN MEMPHIS, TN 38103 10 GOLF VIEW LN FRANKFORT, IL 60423 DURHAM, NC 27701 SILVERSTEIN PHILIP SLTM LLC SMITH ANDREW C & DONNA G SILVERSTEIN ROSALYN 106 S MILL ST 3622 SPRINGBROOK ST 25 KNOLLS CRESCENT ASPEN, CO 81611 DALLAS, TX 75205 BRONX, NY 10463 SOUTH CASTLE INVESTMENT LTD STASPENLLP SNYDER GARY KING & SPALDING 8324 BROODSIDE RD 202 N CURRY ST #100 1180 PEACHTREE ST NE ELKINS PARK, PA 19027 CARSON CITY, NV 89703 ATLANTA, GA 303093521 STUART DAN SUBOTKY JULIE E TAD PROPERTIES LLC PO BOX 183 55 WEST 14TH ST #15L PO BOX 9978 LOMA, CO 81524 NEW YORK, NY 10011 ASPEN, CO 81612 TOMS CONDO LLC TEMPKINS HARRY & VIVIAN TODD SHANE C/0 BRANDT FEIGENBAUM PC 605 LINCOLN RD #301 PO BOX 2654 132 MIDLAND AVE #4 MIAMI BEACH, FL 33139 ASPEN, CO 81612 BASALT, CO 81621 TORNARE RENE & SYLVIA TYCHER MARSHALL B & SALLY K ULLR HOMEOWNERS ASSOCIATION 308 W HOPKINS AVE 233 CANOE BROOK RD 600 E HOPKINS #304 ASPEN, CO 81611 SHORT HILLS, NJ 07078 ASPEN, CO 81611 VERNER DANIEL A & MERYLE WAGNER HOLDINGS CORP LLC WARBLE ERIC 2577 NW 59TH ST 0/0 BILL POSS 0124 SPRING PL BOCA RATON, FL 33496 605 E MAIN ST EDWARDS, CO 81632 ASPEN, CO 81611 WENDT ROBERT E II WERLIN LAURA B TRUST WHITNEY KURT A & JACQUELINE 350 MT HOLYOKE AVE 2279 PINE ST 6448 E CRABTREE PL PACIFIC PALISADES, CA 90272 SAN FRANCISCO, CA 94115 YUMA, AZ 85365 YOUNG PAUL III FAMILY TRUST 8117 PRESTON RD SUITE 300 WEST DALLAS, TX 75225 Etiquettes faciles a peler ; • Repliez a la hachure afin de ; www.avery.com i i it,nro, in ..,knrit evFRV® 5160® i 6 Sens de reveler le rebord Pop-UpTM 1 1-800-GO-AVERY 1 c ; {y➢, 1 ia4 i ,P $ � gt: bF AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Lf3S ln) h kl, nn 3FreQF , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 11/22 v)al fek 2 ' 5'001;n ,2010 STATE OF COLORADO ) ) ss. County of Pitkin ) I, yV -A 36-0/-e-ci (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 1. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty -two (22) inches wide and twenty -six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing I and was continuously visible from the day of , 200, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) • • • • • Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested; to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions that create more than one lot, Planned Unit Developments, Specially Planned Areas, • and COWAPs are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ignature The _foregoing "Affidavit of Notice" was acknowledged before me this 8 day of 1��� vzC/l t. ✓�f , 204 , by ALA y e/ Gv o—( "e 1 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC OTic RE: 5 W MAIN STI ET, ASPEN J EWISH CO NITY CEN R REQUEST FOR EXTENSION O' VESTED RIGHTS My commission expires: _ NOTICE IS HERESY GIVEN that a public h ea rs g w be held on Monday, February 22, t meeting to begin 815' :00 p.m. beforhe A30 5. f SP City Council, Counmbe rs, Cip e t Hall, I J ' Galen 5b, A spen cil Cha l0 consider an application sub - . L 1�, ,�� f mitted by Alan Richman Planning Services, repre- Notary Public senting the Jewish Resource Center Chabad of Aspen, owner of the subject property. The apPli- canl is requesting an extension of their vested rights, in accordance with Section 26.308.010 of the Municipal Code, for an approved community facility that includes worship and meeting faciMies Men Street.dt is egally describ d es Lots A-1, Block 38, City and Towde of Aspen, Colorado. For fudher in ormation, con Amy Guthrie at the City of Aspen Community Development Depart- men2, 429-2758, S. 1., Aspen, n.. (s TO- ATTACHMENTS AS APPLICABLE: ten pon Galena te to the . All writ- ten correspondence related e-mail tothe application should be sent to the above a -mall or physwel ad- THE PUBLICATION dress. ptitan's contact in form n11) 8 Rob - inRoThe a dapCenter, , C ol oro f.81 6, N) 4- 5 son 40 Road, Aspen, Colorado, 81611, MPH OF THE POSTED NOTICE (SIG Rob - 5d 'HE OWNERS AND GOVERNMENTAL AGENCIES NOTICED M Mayor, As e I C C Mayor, Aspen City Council Published 14in i ha en Times Weekly on February VT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE ],bush As MRED BY C.R.S. §24 -65.5 -103.3 PUBLIC NOTICE RE: 435 W. MAIN STREET, ASPEN JEWISH COMMUNITY CENTER REQUEST FOR EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 22, 2010, at a meeting to begin at 5_0 before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Alan Richman Planning Services, representing the Jewish Resource Center Chabad of Aspen, owner of the subject property. The applicant is requesting an extension of their vested rights, in accordance with Section 26.308.010 of the Municipal Code, for an approved community facility that includes worship and meeting facilities and a preschool. The property is located at 435 W. Main Street. It is legally described as Lots A -I, Block 38, City and Townsite of Aspen, Colorado. For further information, contact Amy Guthrie at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429 -2758, amv.guthrie@ci.aspen.co.us. All written correspondence related to the application should be sent to the above e -mail or physical address. The applicant's contact information is Jewish Resource Center, Chabad of Aspen, 104 Robinson Road, Aspen, Colorado, 81611, (970) 544 -0180. s/ Michael C. Ireland Mayor, Aspen City Council Meta P. Barton PO Box 633 r%r=- Published in the Aspen Times on February 7, 2010 Riderwood, MID 21139-0633 City of Aspen Account 2 - I6 -1V acla a�2 - Csr-T1v used sirs vertcd h Thy ��r�t 4 land �tefe�v�e� is icy `^ 11-e. 11-e. Jal cJ1aD�n � De cuuNan•, Qn� u�v ,,►d seA tte 1ko A0•ad./Pa9 prdte„keo rum at 31- ma t:r,st: is aN1/44.uciy d,,ial, 1/4 074 �c, p°- r -ul ou1� n asti, kowt, aN 1 Aneid beKtnd (L' ordAij Wad , j)ekAtLQc 11-Qf 6 0-A s\ a, o4 Os r" t-htrtJ o - Mu 4dcakin is LanIrrsdthii Pa u Vttd cl kw, w;11,, ctiA "'"4 Qf3 ( ifreat-y 4t cif t on s no , ,0 a an cn 2Q e`"U8 am -eit MG cu I s sue • frko P °-0- y ?< u/I I $3 a.� � I 1 akal1 ula u �-Tr� noon ctc ✓cVo •W1 � co � C d ' 31C°) At ION SOW c_ — u1, nry con t 1 1v q ° r I n s � ,,� � F ezeta 1 prdri4e4 wo- � i;�d r� ,cl v�d lam • Ui (" ' si•;)I do 1 6\400 ch �- a G ovy�yr?/1ra 0.t — �t1 Wn d r O�J W2-U for GI 4-000 o- n "Cdr 1 - dJTL, ` J '" raper/its- cl/ftS- cs'M e t ei n i v cold Ti Jdu•o p 9 meib, onlhin, 5 ;)ak, On)* 2 MEMORANDUM 1I aro TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director RE: Jewish Community Center — Request for Waiver of Planning Fees DATE: February 22, 2010 SUMMARY: The Jewish Resource Center Chabad of Aspen is requesting a waiver of land use fees associated with the 2009 Jewish Community Center (Ute Avenue) application. Attached is a fee waiver form and a letter from Rabbi Mendel Mintz. Currently, our planning and building inspection services are set up as a fee for service based on the notion that those persons or entities that request or need the service pay for it. A deposit is taken at submission for an estimated amount of required staff time up to a maximum of 12 hours. The remainder is billed or refunded as necessary. This project required several hearings with the Planning and Zoning Commission and the City Council as well as site visits, extra time with referral agencies, and extra time responding to public questions, etc. The scope and complexity of the project review necessitated additional staff hours and staff invoiced the applicant. Attached is a summary of the staff time spent on the project. A total of $13,635.25 is currently due. The applicant submitted a request to extend the statutory vested rights for the Main Street Jewish Center project. As a condition of accepting the application, staff requested the applicant either resolve the past due balance or submit a waiver request which would be forwarded to City Council. These fees support the General Fund. The Finance Department suggests as an option that the JCC request a grant for general community benefit of the facilities that they are building. They can do that through the non profit grant process that occurs each year. Limited funds are available through that program. Action by City Council motion is sufficient. Staff suggests this item be resolved prior to the consideration of the vested rights extension. If the waiver request is not granted and the vested rights extension is granted, staff suggests conditioning the vested rights extension on payment of these fees within one month. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A — Fee Waiver Request Form and Letter from Rabbi Mintz Exhibit B — Billing Summary • 1 ti^ 2010 S Q Fee Waflr Remiest Form .JE City of Aspen JAN 1 9 20 M Txe CITY OF ASPEN Community Development Departmen Nei k..I r t yr ; - .cPhN This form should be completed and submitted to the Community Development Director for review. You will be reeMfistifitifydiEvetopmE made to waive or not to waive the fees regarded in this request form. , For what fees are you requesting waiver? ❑ BUILDING $.. PLANNING I NIII Applicant Name: SQ,,,a`S\. o``•Ce. ten-4N- Ct M 1 'NContact Ph.# 3 i "t 194 Mailing address: V"- 1 2 - b∎�5o , ( O ‘)tti^ Go lb ti E -mail address: k C v'A e 4 0\" 00 Project name & address: ‘t`"' 3 r^^' "i^ C °'^•V1 6--k, `13C cit v SkLet , r^^ CO Sl(D t i Fee Breakdown: �.. ._.. < FEES Original Fee Requested Original Fee Requested Fee Description Fee Description Amount Waiver Amount Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee -- Inspection Fee Planning Application Fee MUM Va. tt co LS Permit Fee HPC Application Fee Plan Check Other: TOTAL OF FEE WAIVER REQUEST$ , "-a,°too'7S Reason for Waiver: C i 1/AS General Fund Department 0 Waived or decreased by City Council (specify ordinance or other decision document) ii Other — Please explain: Cat pr U 0 r e d Applicant Signature D e For office use only: Type of fees waived: Total fees waived: $ ❑ APPROVED ❑ DISAPPROVED Community Development Director Date CITY OF (EN COMMUNITY DEVELOPMENT DES, )TMENT FEE WAIVER POLICY PURPOSE Fee waivers to eligible individuals and organizations submitting for building permit or land use application may be considered upon filing a fee waiver request form to the Community Development Department. Approval of fee waiver requests may be made by the Community Development Director, according to the adopted fee policy of the City of Aspen. Costs for all building permit and land use applications, other than those waived by the Community Development Director, shall be paid as specified by the fee policy; prior to the issuance of building permits and at the time of submittal of land use applications. • PROCESS Fees administered by the Community Development Department can only be waived by submitting a completed fee waiver form to the Community Development Director. The request shall contain a description of the project along with a statement expressing eligibility for fee waiver. The Community Development Director will review the request and give approval or disapproval in accordance with provisions set forth in this policy. The Community Development Director does not have the ability to waive fees administered by other City Departments or other organizations. All organizations and individuals seeking fee waiver MUST submit their written request to the City of Aspen Community Development Director prior to submitting the building permit or land use application. The approved fee waiver must then be presented at the time the building permit or land use application is submitted to the building or planning departments. ELIGIBILITY CRITERIA General Fund Departments do not pay fees to the Community Development Department for building permits or planning applications, with the exception of Capital Projects. The fees waived for these projects will be tracked by the Community Development Department (journal entries are therefore unnecessary). Id effof keep paperwork and applications consistent, General Fund Departments shall still be required to submit the approved fee waiver with all applications for building and planning applications. General Fund Departments include: General Fund Departments FUND.DEPT General Fund Departments FUNDDDEPT Non- Departmental 001.00 Streets Department 001.41 City Council 001.03 Parks Department 001.55 City Manager 001.05 GIS Department 001.60 Personnel 001.06 IT Department 001.61 City Clerk 001.07 Special Events 001.70 City Attorney 001.09 Recreation Activities - 001.71 Risk Management 001.10 Aspen Recreation Center (ARC) 001.72 City Finance Department 001.11 Ice Garden Operations 001.74 Community Development 001.13 Cons. Trust FD /Lottery 001.75 Engineering Department 001.15 *Capital Projects 001.90 Building Department 001.21 Asset Management Plan (AMP) 001.91 Environmental Health 001.25 *Tabor Capital Projects 001.94 Police Department 001.31 Outgoing Transfers 001.95 Records 001.33 Communications 001.39 NOTE* Capital Projects are not exempt from fees ,u..:r j - - .AN" 1 9 2010 ;Mg E v;0RK' The Jewish Community Center - Chabad ofAspen 435 West Main Street ♦ Aspen, Colorado, 81611 • (970) 544 -377o www.jccaspen.com Mr. Chris Bendon Director, Community Development City of Aspen 130 South Galena Street Aspen, CO 81611 Dear Chris, I hope this letter finds you well. I am writing in regards to our application fee for our planned purchase of the Silver Lining Ranch in 2009. As you are aware, we were unsuccessful in purchasing this property due to legal threats and opposition from the Stillwater neighbors. The Jewish Community Center paid the original land use application fee of $3,576 for the Silver Lining Ranch project. The remaining balance in question is for the additional staff time beyond the hours we purchased with the original fee. We feel that a lot of the extra time staff spent was because of the controversy the neighbors generated and this is a very difficult expense for us to bear at this time. We kindly request that our fee for the additional staff hours be waived. Due to the economy, our organization has been deeply affected and we have had numerous requests from people in the community for assistance with tuition and basic needs. Your attention and positive response would be greatly appreciated. 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