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HomeMy WebLinkAboutLand Use Case.CU.700 E Bleeker St.0072.2012.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0072.2012.ASLU PARCEL ID NUMBERS 2737 07 3 50 803 PROJECTS ADDRESS 700 E. BLEEKER ST PLANNER JESSICA GARROW CASE DESCRIPTION MAJOR P8Z REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 5.24.12 CLOSED BY ANGELA SCOREY ON: 12.7.12 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 70 a l6e� S k , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) I, � � G-y`'"'� (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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ✓wPublication 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 fourteen(14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. o. Signature The foregoing "Affidavit of Notice"was acknowledged before me this day of M , 20!L by s BuC NOTICE WITNESS MY HAND AND OFFICIAL SEAL Of DEV/given MENTAPPROVAL Notice is hereb to the general public of the /� approval of a site specific development plan,and My commission expires: .14 the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24,Article 68,Colorado Revised Statutes,pertain- ing to the following legally described property:Lot + 3,Creektree Subdivision,Aspen,CO,commonly known as Fraternal Order of Eagles,700 E Bleek- er St,Aspen,CO 81611 by Planning and Zoning otary Pu he commfss�on Resolution 4,Series 2012 and City r_� Council Ordinance 10,Series 2012. The Applicant received conditional use approval for a commercial / catering operation in the basement. For further in- '1 formation contact Jessica Garrow,at the City of ' Aspen Community Development Dept.130 S.Ga- lena St,Aspen,Colorado(970)429-2760. ATTACHMENTS: . S/City of Aspen Published in the Aspen Times Weekly on May 24, COPY OF THE PUBLICATION Published in 24] •r, �� 'OF r 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. Fraternal Order of the Eagles, 700 E Bleeker, Aspen, CO 81611 Property Owner's Name, Mailing Address Lot 3, Creektree Subdivision, Aspen, CO; commonly known as 700 E Bleeker Legal Description and Street Address of Subject Property Conditional Use approval for a commercial kitchen to operate in the basement in 1,881 sq ft of space. Affordable housing was waived through the Essential Public Facility review. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the Cit of f Aspen Planning & Zoning Commission via Resolution 4, Series of 2012 and the City of Aspen City Council by Ordinance 10, Series of 2012 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 24, 2012 Effective Date of Development Order (Same as date of publication of notice of approval.) May 24, 2015 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 's 1,th day of May,2010, by the City of Aspen Community Development Director. Chris endon, Community Development Director ORDINANCE N0. 10, (SERIES OF 2012) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS AGROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKER ST, LOT 3 OF CREEKTREE SUBDIVISION, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS THE ASPEN EAGLESCLUB PARCEL NO. 2737-073-508-03 WHEREAS, the Community Development Department received an application from the Fraternal. Order of the Eagles, requesting approval of a Conditional Use amendment to allow 1,881 sq ft of their basement to be used for a commercial catering business, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS,the Applicant, Fraternal Order of the Eagles qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R-kMedium Residential with a PUD Overlay; and, WHEREAS,upon review of the application, and the applicable code standards, the Community Development Department recommended denial, of the proposed land use requests; and, WHEREAS, during a' duly noticed public hearing on February 7, 2012, the Planning and Zoning Commission approved Resolution No.4, Series of 2012, by a Four to One,(4 -1) vote, approving.a conditional use review for a commercial catering operation in the basement of 700 E Bleeker, and recommending city Council approve an Essential Pubic Facilities Growth Management Review; and, WHEREAS, pursuant to Section-26.470, the City Council may approve an Essential Public Facility Growth Management Review, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, Ordinance 10,Series 2012 Page ] of 3 WHEREAS, during a duly noticed public hearing on May 14, 2012, the City Council approved Ordinance No. 10, Series of 2010, by a Five to Zero (5 — 0) vote, approving an Essential Public Facility Growth Management Review; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City of Aspen City Council approves an Essential Public Facility Growth Management Review for the basement of the Eagles Club, located at 700 E Bleeker. The basement space measures approximately 1,881 sq. ft. and may be used by for regular operations of the Eagles Club, as well as by no more than one (1) commercial catering operation/business: Section 2': Affordable Housing Mitigation Affordable housing mitigation is hereby waived for the existing commercial catering use, comprised of three (3) FTEs. Any change in the nature of the current use by a single commercial catering operation or an increase in employees beyond three (3) shall trigger additional review, pursuant to the Aspen Land Use Code. Section 3• , All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein,unless amended by an authorized entity. Section 4: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or Ordinance 10, Series 2012 Page 2 of 3 amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5:. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, 'distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6: 2012 at a meeting A public hearing on this ordinance shall be held on the 9t'` day of January, , of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days.prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26h day of March,2012. Attest: athryn S. Ko ,City lerk Michael C.Ireland,Mayor FINALLY, adopted, passed and approved this 14th day of May,2012. Attest: Kathryn S.K ,City Clerk Michael C.WIreland May r Approved as to form: awes R True,City Attorney Ordinance 10, Series 2012 Page 3 of 3 MEMORANDUM TO: City of Aspen Mayor and City Council Nw-) THRU: Chris Bendon, Community Development Director FROM: Jessica Garrow, Long Range Planner 1 RE: Second Reading of Ordinance 10, Series 2012, Eagles Club (700 E. Bleeker) GMQS for Essential Public Facility Review MEETING DATE: May 14, 2012 APPLICANT/OWNER: STAFF RECOMMENDATION: Fraternal Order of the Eagles, Staff recommends City Council require mitigation for Aspen, CO. the catering use. REPRESENTATIVE: APCHA RECOMMENDATION: Sunny Vann, Vann Associates APCHA recommended City Council not require mitigation. LOCATION: Lot 3 of Creektree Subdivision, City P&Z RECOMMENDATION: of Aspen, CO, commonly known as P&Z recommended City Council not require 700 E Bleeker. mitigation. CURRENT ZONING&USE R-6 PUD, Medium Density SUMMARY: The applicant requests Conditional Use Residential. The Eagles Club Review to memorialize 1,881 sq ft of basement space qualifies as "an arts, civic and that has been rented to and used by a commercial cultural use,"" which is permitted as catering company for 14 years. City Council is being a conditional use in the R-6 zone asked to waive affordable housing mitigation district. associated with the catering use as part of the GMQS review for an Essential Public Facility. PROPOSED LAND USE: The applicant requests a conditional use approval to memorialize space which has been used by a commercial catering company for 14 years. ' Section 26.104.100 of the Aspen Municipal Code defines arts cultural,and civic uses as"the use of land or buildings by non-profit, arts,cultural,religious, or public organizations such as a church,fraternal club,performing arts theatre...." Page - 1 - of4 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: • Growth Management Review for an Essential Public Facility pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission). BACKGROUND: Since 1901, the Fraternal Order of the Eagles has served both members and the general public through fundraisers and support for area non-profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. The Eagles received a conditional use approval to operate in their present location in 1977. PROJECT SUMMARY: The Fraternal Order of the Eagles proposes to memorialize a commercial use in their basement. There is a commercial grade kitchen, which for the past 14 years has been rented to two different catering companies. The space is approximately 1,881 sq ft. The Growth Management Quota System is triggered because of the commercial nature of the space, which is different than the sole use of the space for a fraternal club as was approved in 1977. The Eagles requested a Conditional Use review to memorialize the use of the basement for a commercial kitchen rented to a commercial catering operation. There are currently a number of businesses that operate out of or use the space, including Conundrum Catering, Gourmet Girl to Go, as well as a number of vendors at the summer farmer's market. The Planning and Zoning Commission reviewed the conditional use request, and approved the space to be used for commercial catering purposes, conditioned upon fulfilling any conditions imposed by City Council. They also included a condition requiring that no more than one (1) business rent the space at any one time. The P&Z and APCHA determined that there are three (3) employees generated by the catering use, based on the fact that the catering operation has historically and currently has three (3) employees. The P&Z and APCHA recommended that City Council not require any affordable housing mitigation for the existing use because it has been in operation for fourteen (14) years. They did, however, recommend that any change in the nature of the current use by a single commercial catering operation or an increase in employees beyond three (3) trigger additional review for affordable housing. STAFF COMMENTS: GROWTH MANAGEMENT REVIEW A recommendation from the Planning and Zoning Commission for the employee generation rate of an Essential Public Facility is required. City Council then determines the mitigation rate. The proposal is to memorialize 1,881 sq ft of space that has been used as by a commercial catering company for the past 14 years. Back Door Catering used the space for 2 years, and Conundrum Catering has used the space for the last 12 years. Conundrum Catering has 3 employees. If the typical commercial generation rates were used to calculate the number of 2 Pursuant to Section 26.104.100,Essential Public Facility is defined as"a facility which serves an essential public purpose,is available for use by,or benefit of,the general public and serves the needs of the community." Page -2 - of4 FTEs generated by this space, the mitigation requirement would be about 3 FTEs.' Staff and P&Z recommend using the current number of employees (3) as the level of employee generation. No new affordable housing is proposed with this application — the applicant has requested that City Council waive any affordable housing mitigation requirements. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non-profits to use and/or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the use of Essential Public Facilities by an unassociated commercial business. Similarly situated commercial businesses in town have been required to mitigate for their commercial space based on the land use code's commercial mitigation levels. Staff is concerned that approving a commercial use in an Essential Public Facility sets a precedent that creates an unequal playing field for local businesses. COUNCIL QUESTIONS FROM FIRST READING: City Council asked a number of questions at First Reading related to other Essential Public Facilities (EPFs) that might be in a similar situation as the Eagles Club. Other EPFs in the City include the Elks Lodge, City buildings like the Yellow Brick or the ARC, community emergency services like the Fire Station or Mountain Rescue, and churches. Staff is not aware of any other EPFs are renting space to commercial operations. The Eagles Club is located in the R-6 zone district. Staff conducted an analysis of other EPFs, and the only other EPFs located in the R-6 zone district are churches. Various programs for the community, like music recitals and concerts, soup kitchens, or community meetings like AA, are held in many churches throughout the community. These are not commercial in nature, and are anticipated parts of a church mission. Staff does not believe that the Eagles Club situation is currently occurring elsewhere. The Elks Lodge is most similar in operation to the Eagles Club. The main difference is that the Elks Lodge is located in the Commercial Core, so all the commercial uses occurring in their building comply with the underlying zoning. If an expansion was requested, it would go through the proper Growth Management review. City Council may want to consider if a code amendment to the EPF portion of the code is appropriate to ensure that future Essential Public Facilities do not morph into commercial operations. ' The space in question is 1,881 sq. ft. in size. If this were new commercial space,housing mitigation for 3.47 FTEs would be required (1,881sf/ 1,000sf= 1.881sf; 1.881sf*3.075 FTEs = 5.78 FTEs; 5.78 FTEs * 60% mitigation = 3.47 FTEs). Page - 3 - of4 REFERRAL AGENCY COMMENTS: The APCHA Board reviewed the application at their regular meeting held February 1, 2012. Due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, the Board recommended approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. The Planning and Zoning Commission agreed with APCHA's conditions and included tem as part of their conditional use approval. In addition,P&Z found that the use generates three (3)FTEs. RECOMMENDATION: Staff believes that a commercial grade kitchen is an expected aspect of any fraternal club. It provides a place for the organization to prepare food for member events, as well as for events that further the charitable mission of the organization. However, staff cannot support the use of an essential public facility for a commercial operation. Staff therefore recommends against the request. RECOMMENDED MOTION(ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No.10, Series of 2012, approving with conditions a Growth Management Review for an Essential Public Facility for the Eagles Club, located at 700 E Bleeker." ATTACHMENTS: EXHIBIT A— GMQS Criteria EXHIBIT B— APCHA Board Recommendation EXHIBIT C— P&Z Resolution 4, Series of 2012 EXHIBIT D— Application (provided with First Reading Packet—please contact staff if you need an additional copy.) Page - 4 - of4 Exhibit A Sec. 26.470 Growth Management Quota System. (Review Criteria) Sec. 26.470.090.City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Finding: Pursuant to Section 26.104.100, Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community." Since 1901, the Fraternal Order of the Eagles has served both members and the general through fundraisers and support for area non-profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. Staff finds that this criterion is met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: The Commercial Kitchen that is the subject of this review is currently rented to Conundrum Catering. They have three (3) employees. The Eagles use the rent to help support their overall charitable mission. They have stated that they could survive without the rent from Conundrum Catering, but that would mean they have reduced resources to maintain their building and carry out their mission. The applicant has requested that any affordable housing mitigation be waived. The space in question is 1,881 sq. ft. in size. If this were new commercial space, housing mitigation for 3.47 FTEs would be required (1,881sf/ 1,OOOsf= 1.881sf; 1.881sf*3.075 FTEs = 5.78 FTEs; 5.78 FTEs * 60% mitigation= 3.47 FTEs). Page 1 of 4 Staff suggests using the current number of employees at Conundrum catering (3) be used as the generation rate. APCHA has reviewed the proposal and recommends approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non-profits to use and/or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the proposal without affordable housing mitigation because of the policy implications for Essential Public Facilities. Sec. 26.470.050.General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: There is no specified number of allotments for Essential Public Facilities. The Eagles is requesting 1,881 square feet of Essential Public Facility space for their commercial kitchen. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The AACP does not address civic organizations. It does discuss the importance of maintaining places and opportunities for social interaction. The Eagles in Page 2 of 4 general provides these opportunities through its charitable mission and activities with area groups. The commercial use of the space does not relate well to the AACP. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: The Eagles Club us part of the Creektree Subdivision and PUD, and is zoned R-6 PUD. The space is located within the existing building. The building conforms with the approvals and Arts, cultural, and civic uses are allowed as a conditional use. Approval for the conditional use is before P&Z for approval. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: Staff finds this criterion to not be applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6—2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, Page 3 of 4 pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. (Ord. No. 6—2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. The Housing Board recommends no affordable housing mitigation be required for the existing use of the space. If a different use (besides catering) were in the location, housing mitigation might be required. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14,2007, §1) Staff Finding: The catering use has been located on the property for 14 years, with Conundrum Catering operating there for the past 12 years. The city has not received any official complaints regarding the catering use during that period. Staff believes the space can handle the use, as well as the on-going charitable activities conducted by the Eagles. However, staff has some concerns related to additional businesses operating out of the space. The catering use is unique in that the prep work is done on-site, but the events are held off-site. There have been other businesses that attract traffic and users to the site. Staff is concerned this could result in increased demand on public infrastructure. Staff finds this criterion to be met for the catering use and the general Eagles operations. Page 4 of 4 Exhibit B, APCHA Referral Comments MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen,APCHA Operations Manager THRU: Tom McCabe,APCHA Executive Director DATE: February 1, 2012 RE: Fraternal Order of Eagles Conditional Use Amendment ISSUE: The applicant is requesting approval to be determined as an "Essential Public Facility" which would permit the operation of the kitchen to be exempt from the City's growth management quota system(GMQS)competition and waiver of the affordable housing mitigation requirements. BACKGROUND: The Eagles Club ("Club") building contains a commercial grade kitchen in the basement, which is used to provide food service for Club members and various Club events. The last 14 years, the kitchen has been leased to two catering companies — Back Door Catering for the first two years and Conundrum Catering for the last 12 years. Conundrum Catering does have a City of Aspen business license and its use in the Club kitchen has been regularly inspected by the City's Environmental Health Department. The Community Development Department ("ComDev") determined that the leasing of the building's kitchen to caterers is inconsistent with the conditional use approval; therefore, the Club must either stop leasing its kitchen or apply for a conditional use amendment. ComDev further determined that growth management approval is also required if the kitchen is to continue to be leased for commercial purposes. The basement's net leasable area totals approximately 1,881 square feet; however, this square footage includes a mechanical room, storage area, along with the kitchen and associated preparation area as well. DISCUSSION: Conundrum Catering is a seasonal business which operates within the Club during the hours of 8:00 a.m. to 10:00 p.m. Approximately 75% to 80% of its business is conducted on the weekends. Its activities are essentially limited to eight months a year — four months in the summer and four months in the winter. Conundrum Catering also provides food serve for the Club members and its various special events. Conundrum Catering has three employees—company's owner, Kip Feight; its chef, and its catering manager. Contract labor (e.g., waiters, bartenders, etc.) utilized for catered events is obtained from the community's extensive pool of restaurant employees. No additional employees will be generated as a result of the requested conditional use approval. Page 1 Fraternal Order of Eagles Conditional Use Amendment Exhibit B, APCHA Referral Comments The primary goal of the Club is to be charitable to the local community. If a charitable group approaches the Club for an event, it is provided free of charge. Upon a recommendation by ComDev, City Council may assess, waive or partially waive affordable housing mitigation requirements. The Club is requesting that affordable housing mitigation not be required in connection with Conundrum Catering's leasing of its kitchen. The applicant believes that no reasonable ability exists to provide such mitigation within its building or to make a cash-in-lieu payment. If the mitigation requirement is not waived, the Club will have no other option but to cease the leasing of its kitchen for catering purposes. MITIGATION: An Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use or benefit of the general public, and serves the needs of the community. ComDev has deterred that the Club is eligible to be considered as such a facility. The City Council has the option of waiving affordable housing mitigation requirements for an Essential Public Facility, although the Code does not exempt an applicant from the mitigation requirement. The mitigation requirement would be as follows: 4.1 FTE's per 1,000 square feet with a 25%reduction for below grade space 1,881 _ 1,000= 1.88 4.1 X 25%reduction= 3.1 1.88 X 3.1 = 5.83 FTE's X 60%= 3.5 required mitigation RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held February 1, 2012, and due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, Staff recommends approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. Page 2 Fraternal Order of Eagles Conditional Use Amendment RESOLUTION NO.4, SERIES OF 2012 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO THE FRATERNAL ORDER OF THE EAGLES CONDITIONAL USE TO USE 1,881 SQ FT OF BASEMENT - SPACE FOR COMMERCIAL USE,AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKER ST,LOT 3 OF CREEKTREE SUBDIVISION,CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-073-508-03 WHEREAS, the Community Development Department received an application from the Fraternal Order of the Eagles, requesting approval of a Conditional Use amendment to allow 1,881 sq ft of their basement to be used for a commercial catering business, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS,the Applicant, Fraternal Order of the Eagles qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS,the subject property is zoned R-6 Medium Residential with a PUD Overlay; and, WHEREAS,upon review of the application, and the applicable code standards, the Community Development Department recommended denial,of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2012, the Planning and Zoning Commission approved Resolution No.4,Series of 2012, by a Four to One(4 -1)vote; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan;and, P&Z Resolution 4, Series of 2012 Page 1 of 3 WHEREAS,the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health,safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1:Dimensional Standards Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions the use of 1,881 sq. ft. of the basement of the Fraternal Order of the Eagles(also known as the Eagles Club)as commercial net leasable space. The space can be used for regular operations of the Eagles Club, as well as by a commercial catering operation. Section 2: Conditional Use Amendment A Conditional Use Amendment is approved to allow the basement of the Eagles Club, measuring approximately 1,881 sq ft, to be used as commercial net leasable space for a commercial catering company, conditioned upon fulfilling all conditions imposed by City Council in their Growth Management Review for an Essential Public Facility. The Eagles Club shall not permit the space to be leased to more than one (1)business at any one time. Section 3• Growth Management for Essential Public Facility The Planning and Zoning Commission has determined that the employee generation rate for the commercial use of the space is three (3) employees. The APCHA Board and the Planning and Zoning Commission recommend City Council waive any Affordable Housing mitigation associated with the existing catering operation. An employee audit shall be provided to APCHA with the current number of employees. Any change in the nature of the current use by a single commercial catering operation or an increase in employees beyond three (3) shall trigger additional review, pursuant to the Aspen Land Use Code. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: 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 6: 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. P&Z Resolution 4, Series of 2012 Page 2of3 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7th day of February,2012. APPROVED AS TO FORM: PLANNIN D ZONING COMMIS N: rye, City Attorney LJ Erspamer,Chairman A ��� ackie Lothian,Deputy City Clerk P&Z Resolution 4, Series of 2012 Page 3 of 3 Jessica Garrow From: gailen @skybeam.com evtved Sent: Thursday, May 10, 2012 11:18 PM To: Jessica Garrow Subject: 700 Bleeker-Eagles review Dear Jessica, I will be out of town and unable to attend the Monday May 14th meeting concerning the Eagles Growth Management Review. I am extremely opposed to any additional uses by the Eagles other than by members and definitely not for a Commercial kitchen. My wife and I own two properties within the Obermeyer Place complex. We have experienced numerous disturbances from that location. During evening and late night hours on several occasions we have been awakened or unable to retire necessitating a call to the Aspen Police. Loud disturbing noise emanating form people hanging out in the parking lot and leaving that location is a common occurrence. This is a bedroom residential community that does not warrant a late night commercial operation unlike those at Obermeyer Place. Thank you, Gailen B. Smith Pamela D. Smith Aspen Rio LLC Aspen Bleeker Street LP 501-203 Rio Grande PL Email secured by Check Point i Jess AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: 7 Z. Z vo BPS 'C; ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ss. County of Pitkin ) 1, (name, please print) being or representing an Applicant to the City of Aspe , Colorado, hereby personally certify that 1 have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: "I � Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the_day of , 20_, 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) 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. Signature The foreggi g "Affidavit of Notice" was acknowledged before me this 27 day of , 20L?,, by PUBLIC NOTICE RE, 700 E ST BLEEKER STREET GROWTH MANA EMENTREVEW - will beEheldE0 Monday N May 14u2012,alt a WITNESS MY HAND AND OFFICIAL SEAL meeting to be n at 5:00 p.m.before the Aspen City Council, ouncil Chambers Meeting Room, City Hall 130 S.Galena St.,Aspen,to consider an application submitted by the Fraternal Order of Eagles,700 E Bleeker St,Aspen,CO 81611,rep- My commission expires: �- resented by Vann Associates. The applicant is requesting approval for an existing commercial '�, kitchen for use for Eagles functions,as well as for rent to businesses. The applicant is requesting thei, following land use reviews from City Council: Essential Public Facility Growth Management Re- view to memorialize an existing commercial kitch- en that can be rented out to area businesses. For further information,contact Jessica Garrow at the City of Aspen Community Development Depart- ment,130S Galena St.,Aspen,CO,(970) 429-2780, narrow @ci aspen co.us. s/Michael C Ireland Mavor Aspen City Counal Published in the Aspen Times Weekly on April 26, 2012.[76256221 ATTACHMENTS AS APPLICABLE: • COPY OF THE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: // ,Aspen,CO SCHEDULED PUBLIC HEARING DATE: !� ,208 2 STATE OF COLORADO ) ss. County of Pitkin ) 1, � �N (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen(15) days prior to the public hearing. A copy of the publication is attached hereto./ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen 15) days prior to the public hearing and was continuously visible from thee7 day of '4/n'4/e , 20JY Z, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. y 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 any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns 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) 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 has been available for public inspection in the planning agency during all,business hours for fifteen(15)days prior to the public hearing on such amendix cnts. ell 1 3 Signature The foregoing "Affidavit of Notice"was acknowledged before me this Nday of , 204 , by WITNESS MY HAND AND OFFICIAL SEAL My commission ex Tres: BC i Public `O� q-C OF ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE(SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL PUBLIC NOTICE RE: 700 EAST BLEEKER STREET—GROWTH MANAGEMENT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday May 14, 2012, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Fraternal Order of Eagles, 700 E Bleeker St, Aspen, CO 81611, represented by Vann Associates. The applicant is requesting approval for an existing commercial kitchen for use for Eagles functions, as well as for rent to businesses. The applicant is requesting the following land use reviews from City Council: Essential Public Facility Growth Management Review to memorialize an existing commercial kitchen that can be rented out to area businesses. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen,CO, (970)429-2780,jessica.garrow@ci.aspen.co.us. s/Michael Ireland,Mayor Aspen City Council Published in the Aspen Times on April 26, 2012 City of Aspen Account Easy Peel®Labels i A Bend along line to i i AVEW@ 5160® , Use Avery®Template 51600 � �� Feed Paper expose Pop-up EdgeT"'� � 311 ASPEN LLC AARON ROGER S&VIRGINIA A ALLEN RONALD W REV TRUST 2317 PENNSYLVANIA AVE 45 BIRCHALL DR 50 SW 137TH AV WILMINGTON,DE 19806 SCARSDALE, NY 10583-0000 BEAVERTON,OR 97006 ANDERTON JAMES L ASPEN LEGACY LLC ASPEN PCU 010 HOLDINGS LLC 100 OBERMEYER PL#4101 17740 E HINSDALE AVE PO BOX 11600 ASPEN,CO 81611 FOXFIELD,CO 80016 ASPEN,CO 81612 ASPEN RIO LLC ASPEN RIVER PARK LLC ATWOODSTANFORD H JR&PAMELA S 520 S MAIN ST#178 8200 DOUGLAS AVE#300 LIVING TRUST GROVE,OK 74344 DALLAS,TX 75225 16125 GREENWOOD LN MONTE SERENO,CA 95030 BALLINGER ELIZABETH F BECKWITH DAVID E QPRT BECKWITH NATALIE B QPRT PO BOX 10205 1800 N PROSPECT AVE APT 16E C/O FOLEY&LARDNER ASPEN,CO 81612 MILWAUKEE,WI 532023073 777 E WISCONSIN AVE MILWAUKEE,WI 53202 BENNETT ROBERT R&DEBORAH J BERG KRISTOFOR BERLIN JAMES TRUST 10900 HILLTOP RD 102 FOUNDERS PL#202 1795 BROOKWOOD DR PARKER,CO 80134 ASPEN,CO 81611 AKRON,OH 44313-5070 BIG BOY LLC BLUE PINTO LLC BOMBA LAURIE A REV TRUST 106 S MILL ST#202 C/O CLARK TREDER 5601 HIGH DR ASPEN,CO 81611 101 N SPRING ST#3205 MISSION HILLS,KS 66208 ASPEN,CO 81611 BORCHERTS HOLDE H TRUSTEE BOSELY MARY ANNE BRANDON BETH 1555 WASHTENAW PO BOX 26 101 N SPRING ST#107 ANN ARBOR,MI 48104 WOODY CREEK,CO 81656 ASPEN,CO 81611 BROUGH STEVE B&DEBORAH A BULKELEY RICHARD C&JULIE J CALCOTT JOHN R 599 TROUT LK DR PO BOX 450 7800 LOMAS BLVD NE SANGER,CA 93657 RED OAK, IA 51566 ALBUQUERQUE,NM 87110 CALDWELL CHARLES&DEBRA CALHOON THOMAS C CARVER JOHN&MARCIA L 514 E BRYAN ST 1400 SCENIC DR#3 OFFICE INC PO BOX 581 SAVANAH,GA 31401 AUSTIN,TX 78703 4439 DEVILS GLEN RD BETTENDORF,IA 527220010 CITY OF ASPEN CLANCY J ANTHONY&DEBORAH COHEN NANCY C REV TRUST 85%INT ATTN FINANCE DEPT 3605 TUXEDO CT 2026 N MOHAWK 130 S GALENA ST ATLANTA,GA 30305 CHICAGO,IL 60614 ASPEN,CO 81611 ttiquettes faciles a peter ; ® Repliez a la hachure afin de www.avery.com ; i fr:Gan>to n�h�rit DVCRV®S1FA® , .Sens de rGvclar la rahnrd Pnn-unmc f 1-800.60-AVERY Easy PeelQ'Labels i 0 `°$"` ' Bend along line to i � ` YO 5160® Use Avery®Template 51600 Feed Paper expose Pop-up Edger"" ' V CONCLPT 600 LLC COPPOCK RICHARD P CROUSEN GUINN D TRUST PO BOX 2914 PO BOX 44 4435 BUENA VISTA ST BASALT,CO 81621 DEXTER, MI 48130 DALLAS,TX 752054118 CRUMMER KLEIN TITLE TRUST 2008 DIXIE DOG VENTURES LLC DML REALTY LLC 1305 N BEVERLY DR 1690 HOMESTAKE DR PO BOX 305 BEVERLY HILLS,CA 90210 ASPEN,CO 81611 CHAVIES,KY 41727 DONAHUE ELIZABETH DORAN RALPH EISENSTAT ALBERT&CONSTANCE 102 FOUNDERS PLACE #2302 2600 WOODWARD WAY 358 WALSH RD ASPEN,CO 81611 - - - - ATLANTA,GA 30305 - - -ATHERTON,CA 94027 - - - - ELDEN RICHARD&GAIL M EMPHASYS SERVICE COMPANY FELDMAN JONATHAN 2430 LAKEVIEW AVE-#115 1925 BRICKELL AVE BLDG D 101 N SPRING ST#104 CHICAGO,IL 60614 PENTHOUSE 11D ASPEN,CO 81611 MIAMI,FL 33129 FICKE FAMILY REV TRUST FORTIER TIMOTHY FULLERTON RICHARD B 15 W ARRELLAGA ST#3 601 RIO GRANDE PL#102 35 SYCAMORE AVE SANTA BARBARA,CA 93101 ASPEN,CO 81611 MILL VLY,CA 94941 G&G CORPORATE OFFICES LLC GAGNON BEN GALANTER YALE&ELYSE 2520 S GRAND AV#114 PO BOX 4381 525 S ANDREWS AVE GLENWOOD SPGS,CO 81601 ASPEN,CO 81612 FT LAUDERDALE,FL 33301 GERSHMAN JOEL&ELAINE GILKERSON LINDA REV TRUST 50% GLATHAR KIMBERLY J 120 N SPRING ST 1449 E 56TH ST PO BOX 12197 ASPEN,CO 81611 CHICAGO, IL 60637 ASPEN,CO 81612 GOLDFEIN MICHAEL 85% GRAHAM NARELDA GREENBERG DEAN GOLDFEIN PAMELA J 15% 101 N SPRING ST#203 PO BOX 129 1724 BRAESIDE LN ASPEN,CO 81611 NEWPORT, MN 55055 NORTHBROOK,IL 60062 GRW RIO GRANDE PROPERTY LLC GWM PROPERTIES LLC HAAG MATTHEW R PO BOX 4491 PO BOX 4146 PO BOX 4446 ASPEN,CO 81612 ASPEN,CO 81612 ASPEN,CO 81612 HAUSER MARY JANE HEYS MARIE L TRUSTEE HICKS GILBERT W&PATSY K 1540 BOHNS POINT RD 2495 ADARE 3674 WOODLAWN TERRACE PL WAYZATA,MN 55391 ANN ARBOR,MI 48104 HONOLULU,HI 96822 Eticluettes#aciles a peler ; 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A i ' 1-800-GO-AVERY , PUBLIC NOTICE Date: May 14, 2012 Time: 5:00 PM Place: Council Chambers, Aspen City Hall Purpose: public hearing to consider an a li- tion for an essential public facilit eview to permit the operation of a ommercial kitchen in the Eagles lub building that can be rented to usinesses. x For further information contact Aspen at 970-920-5090. 0 COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 JENSEN CARLY J 600 E MAIN ST#408 ASPEN, CO 81611 i� J-1 !J7 , r O COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 PR ASPEN HOLDINGS LLC 601 RIO GRANDE PL UNIT 8A ASPEN, CO 81611 N, A T 1474 'MMUNITY DEVELOPMENT DEPARTMENT n. 130 SOUTH GALENA STREET - ASPEN,CO 81611 -- STARMER MARY JOSEPHINE 11.0446% 12738 W 84TH DR \� ARVADA, CO 80001 j OR i COMMUNITY DEVELOPMENT DEPARTMENTfi "` Q ` 130 SOUTH GALENA STREET ASPEN,CO 81611 MILNE SHEILA PO BOX 8286 ASPEN, CO 81612 f A T f. FW A MEMORANDUM TO: City of Aspen Mayor and City Council THRU: Chris Bendon, Community Development Director FROM: Jessica Garrow, Long Range Planner : RE: First Reading of Ordinance I U' Series 2012, Eagles Club (700 E. Bleeker) GMQS for Essential Public Facility Review MEETING DATE: March 26, 2012 (Public Hearing, May 12, 2012) APPLICANT/OWNER: STAFF RECOMMENDATION: Fraternal Order of the Eagles, Staff recommends City Council require mitigation for Aspen, CO. the catering use. REPRESENTATIVE: STAFF RECOMMENDATION: Sunny Vann, Vann Associates APCHA recommended City Council not require mitigation. LOCATION: Lot 3 of Creektree Subdivision, City P&Z RECOMMENDATION: of Aspen, CO, commonly known as P&Z recommended City Council not require 700 E Bleeker. mitigation. CURRENT ZONING& USE R-6 PUD, Medium Density SUMMARY: The applicant requests Conditional Use Residential. The Eagles Club Review to memorialize 1,881 sq ft of basement space qualifies as "an arts, civic and that has been rented to and used by a commercial cultural use,"" which is permitted as catering company for 14 years. City Council is being a conditional use in the R-6 zone asked to waive affordable housing mitigation district. associated with the catering use as part of the GMQS re iew for an Essential Public Facility. PROPOSED LAND USE: The applicant requests a conditional use approval to memorialize space which has been used by a commercial catering company for 14 years. 1 Section 26.104.100 of the Aspen Municipal Code defines arts, cultural, and civic uses as"the use of land or buildings by non-profit,arts,cultural,religious, or public organizations such as a church,fraternal club,performing arts theatre...." Page - 1 - of 4 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals: • Growth Management Review for an Essential Public Facility pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority following a recommendation from the Planning & Zoning Commission), BACKGROUND: Since 1901, the Fraternal Order of the Eagles has served both members and the general public through fundraisers and support for area non-profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. The Eagles received a conditional use approval to operate in their present location in 1977. PROJECT SUMMARY: The Fraternal Order of the Eagles proposes to memorialize a commercial use in their basement. There is a commercial grade kitchen, which for the past 14 years has been rented to two different catering companies. The space is approximately 1,881 sq ft. The Growth Management Quota System is triggered because of the commercial nature of the space, which is different than the sole use of the space for a fraternal club as was approved in 1977. The Eagles requested a Conditional Use review to memorialize the use of the basement for a commercial kitchen rented to a commercial catering operation. There are currently a number of businesses that operate out of or use the space, including Conundrum Catering, Gourmet Girl to Go, as well as a number of vendors at the summer farmer's market. The Planning and Zoning Commission reviewed the conditional use request, and approved the space to be used for commercial catering purposes, conditioned upon fulfilling any conditions imposed by City Council. They also included a condition requiring that no more than one (1) business rent the space at any one time. The P&Z and APCH determined that there are three (3) employees generated by the catering use, based on the fact that the catering operation has historically and currently has three (3) employees. The P&Z and APCHA recommended that City Council not require any affordable housing mitigation for the existing use because it has been in operation for fourteen (14) years. They did, however, recommend that any change in the nature of the current use by a single commercial catering operation or an increase in employees beyond three (3) trigger additional review for affordable housing. STAFF COMMENTS: GROWTH MANAGEMENT REVIEW: A recommendation from the Planning and Zoning Commission for the employee generation rate of an Essential Public Facility2 is required. City Council then determines the mitigation rate. The proposal is to memorialize 1,881 sq ft of space that has been used as by a commercial catering company for the past 14 years. Back Door Catering used the space for 2 years, and Conundrum Catering has used the space for the last 12 z Pursuant to Section 26.104.100, Essential Public Facility is defined as"a facility which serves an essential public purpose, is available for use by, or benefit of,the general public and serves the needs of the community." Page - 2 - of6 years. Conundrum Catering has 3 employees. If the typical commercial generation rates were used to calculate the number of FTEs generated by this space, the mitigation requirement would be about 3 FTEs.3 Staff and P&Z recommend using the current number of employees (3) as the level of employee generation. No new affordable housing is proposed with this application — the applicant has requested that City Council waive any affordable housing mitigation requirements. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non-profits to use and/or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the use of Essential Public Facilities by an unassociated commercial business. Similarly situated commercial businesses in town have been required to mitigate for their commercial space based on the land use code's commercial mitigation levels. Staff is concerned that approving a commercial use in an Essential Public Facility sets a precedent that creates an unequal playing field for local businesses. REFERRAL AGENCY COMMENTS: The APCHA Board reviewed the application at their regular meeting held February 1, 2012. Due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, the Board recommended approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. The Planning and Zoning Commission agreed with APCHA's conditions and included tem as part of their conditional use approval. In addition, P&Z found that the use generates three (3)FTEs. RECOMMENDATION: Staff believes that a commercial grade kitchen is an expected aspect of any fraternal club. It provides a place for the organization to prepare food for member events, as well as for events that further the charitable mission of the organization. However, staff cannot support the use of an essential public facility for a commercial operation. Staff therefore recommends against the request. If the P&Z is supportive of the applicant's request, staff recommends the use of the commercial space be limited to regular Eagles operations and commercial establishments producing or wholesaling prepared food items with no on-site consumption, such as a catering company. This s The space in question is 1,881 sq. ft. in size. If this were new commercial space,housing mitigation for 3.47 FTEs would be required (1,881sf/ 1,000sf= 1.881sf; 1.881sf*3.075 FTEs = 5.78 FTEs; 5.78 FTEs * 60% mitigation = 3.47 FTEs). Page - 3 - of6 has been included in Section 1 of the Resolution. APCHA's comments have also been included in the Resolution. RECOMMENDED MOTION(ALL MOTIONS ARE WORDED IN THE AFFIRMATIVE): "I move to approve Ordinance No.i_Q, Series of 2012, approving with conditions a Growth Management Review for an Essential Public Facility for the Eagles Club, located at 700 E Bleeker." ATTACHMENTS: EXHIBIT A— GMQS Criteria EXHIBIT B— APCHA Board Recommendation EXHIBIT C— P&Z Resolution 4, Series of 2012 EXHIBIT D— Application Page - 4 - of6 ORDINANCE N0.12 (SERIES OF 2011) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS AGROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKER ST, LOT 3 OF CREEKTREE SUBDIVISION, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS THE ASPEN EAGLESCLUB PARCEL NO. 2737-073-508-03 WHEREAS, the Community Development Department received an application from the Fraternal Order of the Eagles, requesting approval of a Conditional Use amendment to allow 1,881 sq ft of their basement to be used for a commercial catering business, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS,the Applicant, Fraternal Order of the Eagles qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS, the subject property is zoned R-6 Medium Residential with a PUD Overlay; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2012, the Planning and Zoning Commission approved Resolution No.4, Series of 2012, by a Four to One (4 -1) vote, approving a conditional use review for a commercial catering operation in the basement of 700 E Bleeker, and recommending city Council approve an Essential Pubic Facilities Growth Management Review; and, WHEREAS, pursuant to Section 26.470, the City Council may approve an Essential Public Facility Growth Management Review, during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, Ordinance_, Series 2012 Page 1 of 3 WHEREAS, during a duly noticed public hearing on May _, 2012, the City Council approved Ordinance No. _, Series of 2010, by a to (_ -) vote, approving an an Essential Public Facility Growth Management Review; and, WHEREAS,the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS,the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City of Aspen City Council approves an Essential Public Facility Growth Management Review for the basement of the Eagles Club, located at 700 E Bleeker. The basement space measures approximately 1,881 sq. ft. and may be used by for regular operations of the Eagles Club, as well as by a commercial catering operation. Section 2: Affordable Housing Mitigation Affordable housing mitigation is hereby waived for the existing commercial catering use, comprised of three (3) FTEs. Any change in the nature of the current use by a single commercial catering operation or an increase in employees beyond three (3) shall trigger additional review, pursuant to the Aspen Land Use Code. Section 3 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4• This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Ordinance_, Series 2012 Page 2 of 3 Section 5• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 6• A public hearing on this ordinance shall be held on the 2-3 day of /�� 2012, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 26th day of March, 2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor FINALLY, adopted,passed and approved this_day of ,2012. Attest: Kathryn S. Koch, City Clerk Michael C. Ireland,Mayor Approved as to form: James R True, City Attorney Ordinance Series 2012 Page 3 of 3 Exhibit A Sec. 26.470 Growth Management Quota System. (Review Criteria) Sec. 26.470.090.City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Finding: Pursuant to Section 26.104.100, Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community." Since 1901, the Fraternal Order of the Eagles has served both members and the general through fundraisers and support for area non-profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. Staff finds that this criterion is met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: The Commercial Kitchen that is the subject of this review is currently rented to Conundrum Catering. They have three (3) employees. The Eagles use the rent to help support their overall charitable mission. They have stated that they could survive without the rent from Conundrum Catering, but that would mean they have reduced resources to maintain their building and carry out their mission. The applicant has requested that any affordable housing mitigation be waived. The space in question is 1,881 sq. ft. in size. If this were new commercial space, housing mitigation for 3.47 FTEs would be required (1,881sf/ 1,OOOsf= 1.881sf; 1.881sf*3.075 FTEs = 5.78 FTEs; 5.78 FTEs * 60% mitigation= 3.47 FTEs). Page 1 of 4 Staff suggests using the current number of employees at Conundrum catering (3) be used as the generation rate. APCHA has reviewed the proposal and recommends approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non-profits to use and/or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the proposal without affordable housing mitigation because of the policy implications for Essential Public Facilities. Sec. 26.470.050.General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: There is no specified number of allotments for Essential Public Facilities, The Eagles is requesting 1,881 square feet of Essential Public Facility space for their commercial kitchen. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The AACP does not address civic organizations. It does discuss the importance of maintaining places and opportunities for social interaction. The Eagles in Page 2 of 4 general provides these opportunities through its charitable mission and activities with area groups. The commercial use of the space does not relate well to the AACP. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: The Eagles Club us part of the Creektree Subdivision and PUD, and is zoned R-6 PUD. The space is located within the existing building. The building conforms with the approvals and Arts, cultural, and civic uses are allowed as a conditional use. Approval for the conditional use is before P&Z for approval. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval, as applicable. Staff Finding: Staff finds this criterion to not be applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6—2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, Page 3 of 4 pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. (Ord. No. 6—2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. The Housing Board recommends no affordable housing mitigation be required for the existing use of the space. If a different use (besides catering) were in the location, housing mitigation might be required. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14, 2007, §1) Staff Finding: The catering use has been located on the property for 14 years, with Conundrum Catering operating there for the past 12 years. The city has not received any official complaints regarding the catering use during that period. Staff believes the space can handle the use, as well as the on-going charitable activities conducted by the Eagles. However, staff has some concerns related to additional businesses operating out of the space. The catering use is unique in that the prep work is done on-site, but the events are held off-site. There have been other businesses that attract traffic and users to the site. Staff is concerned this could result in increased demand on public infrastructure. Staff finds this criterion to be met for the catering use and the general Eagles operations. Page 4 of 4 . Exhibit B, APCHA Referral Comments MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager THRU: Tom McCabe, APCHA Executive Director DATE: February 1, 2012 RE: Fraternal Order of Eagles Conditional Use Amendment ISSUE: The applicant is requesting approval to be determined as an "Essential Public Facility" which would permit the operation of the kitchen to be exempt from the City's growth management quota system(GMQS)competition and waiver of the affordable housing mitigation requirements. BACKGROUND: The Eagles Club ("Club") building contains a commercial grade kitchen in the basement, which is used to provide food service for Club members and various Club events. The last 14 years, the kitchen has been leased to two catering companies - Back Door Catering for the first two years and Conundrum Catering for the last 12 years. Conundrum Catering does have a City of Aspen business license and its use in the Club kitchen has been regularly inspected by the City's Environmental Health Department. The Community Development Department ("ComDev") determined that the leasing of the building's kitchen to caterers is inconsistent with the conditional use approval; therefore, the Club must either stop leasing its kitchen or apply for a conditional use amendment. ComDev further determined that growth management approval is also required if the kitchen is to continue to be leased for commercial purposes. The basement's net leasable area totals approximately 1,881 square feet; however, this square footage includes a mechanical room, storage area, along with the kitchen and associated preparation area as well. DISCUSSION: Conundrum Catering is a seasonal business which operates within the Club during the hours of 8:00 a.m. to 10:00 p.m. Approximately 75% to 80% of its business is conducted on the weekends. Its activities are essentially limited to eight months a year — four months in the summer and four months in the winter. Conundrum Catering also provides food serve for the Club members and its various special events. Conundrum Catering has three employees—company's owner, Kip Feight; its chef, and its catering manager. Contract labor (e.g., waiters, bartenders, etc.) utilized for catered events is obtained from the community's extensive pool of restaurant employees. No additional employees will be generated as a result of the requested conditional use approval. Fraternal Order of Eagles Conditional Use Amendment Page 1 Exhibit B, APCHA Referral Comments The primary goal of the Club is to be charitable to the local community. If a charitable group approaches the Club for an event, it is provided free of charge. Upon a recommendation by ComDev, City Council may assess, waive or partially waive affordable housing mitigation requirements. The Club is requesting that affordable housing mitigation not be required in connection with Conundrum Catering's leasing of its kitchen. The applicant believes that no reasonable ability exists to provide such mitigation within its building or to make a cash-in-lieu payment. If the mitigation requirement is not waived, the Club will have no other option but to cease the leasing of its kitchen for catering purposes. MITIGATION: An Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use or benefit of the general public, and serves the needs of the community." ComDev has deterred that the Club is eligible to be considered as such a facility. The City Council has the option of waiving affordable housing mitigation requirements for an Essential Public Facility, although the Code does not exempt an applicant from the mitigation requirement. The mitigation requirement would be as follows: 4.1 FTE's per 1,000 square feet with a 25%reduction for below grade space 1,881 _ 1,000= 1.88 4.1 X 25%reduction=3.1 1.88 X 3.1 = 5.83 FTE's X 60%=3.5 required mitigation RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held February 1, 2012, and due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, Staff recommends approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. Fraternal Order of Eagles Conditional Use Amendment Page 2 RESOLUTION NO.4,SERIES OF 2012 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO THE FRATERNAL ORDER OF THE EAGLES CONDITIONAL USE TO USE 1,881 SQ FT OF BASEMENT . SPACE FOR COMMERCIAL USE,AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKER ST,LOT 3 OF CREEKTREE SUBDIVISION,CITY OF ASPEN,CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-073-508-03 WHEREAS, the Community Development Department received an application from the Fraternal Order of the Eagles, requesting approval of a Conditional Use amendment to allow 1,881 sq R of their basement to be used for a commercial catering business, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS,the Applicant, Fraternal Order of the Eagles qualifies as a Conditional Use, pursuant to Section 26.104,100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility,pursuant to Section 26.104.100; and, WHEREAS,the subject property is zoned R-6 Medium Residential with a PUD Overlay; and, WHEREAS,upon review of the application, and the applicable code standards, the Community Development Department recommended denial,of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2012, the Planning and Zoning Commission approved Resolution No.4,Series of 2012, by a Four to One(4-1)vote; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan;and, P&Z Resolution 4, Series of 2012 Page 1 of 3 WHEREAS,the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health,safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Dimensional Standards Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions the use of 1,881 sq. ft. of the basement of the Fraternal Order of the Eagles(also known as the Eagles Club)as commercial net leasable space. The space can be used for regular operations of the Eagles Club, as well as by a commercial catering operation. Section 2: Conditional Use Amendment A Conditional Use Amendment is approved to allow the basement of the Eagles Club, measuring approximately 1,881 sq ft, to be used as commercial net leasable space for a commercial catering company, conditioned upon fulfilling all conditions imposed by City Council in their Growth Management Review for an Essential Public Facility. The Eagles Club shall not permit the space to be leased to more than one(1) business at any one time. Section 3: Growth Manaaement for Essential Public Facility The Planning and Zoning Commission has determined that the employee generation rate for the commercial use of the space is three (3) employees. The APCHA Board and the Planning and Zoning Commission recommend City Council waive any Affordable Housing mitigation associated with the existing catering operation. An employee audit shall be provided to APCHA with the current number of employees. Any change in the nature of the current use by a single commercial catering operation or an increase in employees beyond three (3) shall trigger additional review,pursuant to the Aspen Land Use Code, Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5: 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 6: 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. P&Z Resolution 4, Series of 2012 Page 2 of 3 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 7th day of February, 2012. APPROVED AS TO FORM: PLANNIN D ZONING 7 COMMIS N: � � City Attorney LJ Erspamer,Chairman O'ekie Lothian,Deputy City Clerk P&Z Resolution 4, Series of 2012 Page 3 of 3 M-3 %4 Y`1' q. y v'� ,g v <� Y R. v, • ay. J .. COMMUNITY DEVELOPMENT DEPARTMENT ,3 130 SOUTH GALENA STREET ASPEN,CO 81611 STARMER MARY JOSEPHINE 11.0446% 12738 W 84TH DR ARVADA,CO 80001 X 002 N7E i 91oC 00 ol./12:151112 FORWARD TIME EXP RTN TO SEND STARMER 4060 C 19TH AVE DENVER co 902210--,1:222 RETURN To SENDER Q`''W'.j`' '''Ff' �'iit�i,�o� tj A44 COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET ASPEN,CO 81611 GALANTER YALE&ELYSE 525 S ANDREWS AVE FT LAUDERDALE, FL 33301 NIXIE :330 SE 1 60 Cs3J :f3/1.2 RETURN To SENDER ATTEMPTED -- NOT kNOWN UNAOL C TO FORWARD SC: 91611190230 779-18694 2'3 41 Il,tl,I,Jl,lI)Mill„1111,,III,I)all„I'll,II,IIIIIa„l,III I COMMUNITY DEVELOPMENT DEPARTMENT 130 SOUTH GALENA STREET AM CO 81611 MILNE SHEILA PO BOX 8286 ASPEN,CO 81612 8 16 i 2:F 8 2 Aw S,I AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: -7 D d '-57 • 0 W_v_� vV ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: 20j2�_ STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of , 20 , 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 (3 00) 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) 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. Signature The foregoing "Affidavit of Notice"was acknowled ed before me this 74 day of , 20,M by P S,T B`EEKER,GROWTH 00 EAST REVIEW• cONo 10NpREV EW MpAA MEHT ttletayypubl2p12aa;a WITNESS MY HAND AND OFFICIAL SEAL y GIVE NOTI held Or'-n at c 30 P msbofn rSi ter oitle rwnleetin9 tO d ion n9 OO�jm130 S.Gales by the 1 Meeting R°°rn'Cdn OPIk°.a�00 E Bleekkek S a es. My COnuTll$S10ri expires: v Froternal Order of r se.. by Vf Ea9l s func- Ien co. no rre uesiin9 aPP f Tbe a kc.,c ks kitchen for use sses he ae, . EA n9 commercial k businland use re-41 — lions,,as well as for re tol owk g M to memori Rze ant cant is requesting the. h Notary Public Gro Essential P��idt ona Use Reviehat can be rented i, view,and ercial knFor further infoprm G°m- an existing bus n es oW at tha City 130s g8 Galena out to area nman. contact JJeeste1opment DeP(9 701 4 2 S,nity A s p e n,i.asoen.co.us. ssica. arrow psPr Ptan nrn9 and e�Times Weekly o�January Published in the Asp ATTACHMENTS AS APPLICABLE: 19 2p12°457761 fHE PUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE (SIGN) • LIST OF THE OWNERS AND GOVERNMENT AGENGIES NOTIED BY MAIL • APPLICANT CERTICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,201K-!n- STATE OF COLORADO ) ss. County of Pitkin ) I, (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. v Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen(15) days prior to the public hearing and was continuously visible from th4:9 day o -�jiC/� / , 209�Z to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. V Mailing of notice. By the mailing f a notice obtained from the g 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 amend s. Sig ure The foregoing"Affidavit of Notice"was acknowle ed before me this day of , 200)L by N k Il J WITNESS MY HAND AND OFFICIAL SEAL My commission expires: `� �a y 11 Z tom: s '►.,_ nd,GL,� Notary Public ATTACHMENTS AS APPLICABLE: • COPYOFTHEPUBLICATION • PHOTOGRAPH OF THE POSTED NOTICE(SIGN) • LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL • APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 ATE IME LACE URPOSE Q�/Ti'�'/7- 7�� �E,rt�'7",C/✓ C�-4 ¢.5;i.�E�`4G FOR FURTHER INFORMATION CONTACT: THE CITY OF ASPEN PLANNING DEPARTMENT 130 S GALENA ST ASPEN CO (9701920- PUBLIC NOTICE RE: 700 EAST BLEEKER STREET—CONDITIONAL USE REVIEW,GROWTH MANAGEMENT REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday,February 7,2012, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Fraternal Order of Eagles, 700 E Bleeker St, Aspen, CO 81611, represented by Vann Associates. The applicant is requesting approval for an existing commercial kitchen for use for Eagles functions, as well as for rent to businesses. The applicant is requesting the following land use reviews: Essential Public Facility Growth Management Review, and Conditional Use Review to memorialize an existing commercial kitchen that can be rented out to area businesses. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St.,Aspen,CO,(970)429-2780,jessica.garrow @ci.aspen.co.us. s"Ersnamer,Chair Aspen Planning and Zoning Commission Published in the Aspen Times on January 19,2012 City of Aspen Account Easy Peel®Labels i A Bend along line to AVERY® 51600 i Use Avery®Template 51600 ! 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7-R00-G0-OVFRV 7EA1b MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Jennifer Phelan, Community Development Deputy Director FROM: Jessica Garrow, Long Range Planner RE: 700 E Bleeker St: Conditional Use Review and GMQS Recommendation for an Essential Public Facility, — Resolution No. , Series 2012 — Public Hearing (Parcel 2737-073-508-03) DATE: February 7, 2012 APPLICANT/OWNER: STAFF RECOMMENDATION: Fraternal Order of the Eagles, Staff recommends the Planning and Zoning Aspen, CO. Commission deny the request. REPRESENTATIVE: SUMMARY: The applicant requests Conditional Use Sunny Vann, Vann Associates Review to memorialize 1,881 sq ft of basement space that has been rented to and used by a commercial LOCATION: catering company for 14 years. The Planning and Lot 3 of Creektree Subdivision, City Zoning Commission is asked to make a of Aspen, CO, commonly known as recommendation to City Council regarding GMQS 700 E Bleeker. allotments for an Essential Public Facility. CURRENT ZONING&USE R-6 PUD, Medium Density Residential. The Eagles Club qualifies as "an arts, civic and cultural use,"' which is permitted as a conditional use in the R-6 zone district. PROPOSED LAND USE: The applicant requests a conditional use approval to memorialize space which has been used by a commercial catering company for 14 years. 1 Section 26.104.100 of the Aspen Municipal Code defines arts,cultural,and civic uses as"the use of land or buildings by non-profit,arts,cultural,religious, or public organizations such as a church,fraternal club,performing arts theatre...." Page - 1 - of 4 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission: • Conditional Use Review for a commercial kitchen and catering operation pursuant to Land Use Code Section 26.425. (The Planning and Zoning Commission is the final review authority, who may approve, approve with conditions, or deny the proposal). • Growth Management Review for an Essential Public Facility pursuant to Land Use Code Section 26.470.090.4 (City Council is the final review authority following a recommendation from the Planning&Zoning Commission). • The Planning & Zoning Commission determines the number of employees generated pursuant to Land Use Code Section 26.470.100.1. BACKGROUND: Since 1901, the Fraternal Order of the Eagles has served both members and the general public through fundraisers and support for area non-profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. The Eagles received a conditional use approval to operate in their present location in 1977. This is an amendment to that conditional use approval. PROJECT SUMMARY: The Fraternal Order of the Eagles proposes to memorialize a commercial use in their basement. There is a commercial grade kitchen, which for the past 14 years has been rented to two different catering companies. The space is approximately 1,881 sq ft. The Growth Management Quota System is triggered because of the commercial nature of the space, which is different than the sole use of the space for a fraternal club as was approved in 1977. STAFF COMMENTS: CONDITIONAL USE REVIEW: A Conditional Use review is requested memorialize the use of the basement for a commercial kitchen rented to a commercial catering operation. There are currently a number of businesses that operate out of or use the space, including Conundrum Catering, Gourmet Girl to Go, as well as a number of vendors at the summer farmer's market. There have been no formal zoning complaints about any of the operations. There are adequate facilities to continue utilizing the space. Staff does not believe the use is appropriate given the Essential Public Facility designation. Similarly situated commercial businesses in town have been required to mitigate for their commercial space based on the land use code's commercial mitigation levels. Staff is concerned that approving a commercial use in an Essential Public Facility sets a precedent that creates an unequal playing field for local businesses. GROWTH MANAGEMENT REVIEW: A recommendation from the Planning and Zoning Commission for the employee generation rate of an Essential Public Facility2 is required. City Council then determines the mitigation rate. The proposal is to memorialize 1,881 sq ft of space 2 Pursuant to Section 26.104.100,Essential Public Facility is defined as"a facility which serves an essential public purpose, is available for use by,or benefit of,the general public and serves the needs of the community." Page -2 - of6 that has been used as by a commercial catering company for the past 14 years. Back Door Catering used the space for 2 years, and Conundrum Catering has used the space for the last 12 years. Conundrum Catering has 3 employees. If the typical commercial generation rates were used to calculate the number of FTEs generated by this space, the mitigation requirement should be about 3 FTEs.3 Staff recommends using the current number of employees (3) as the level of employee generation. No new affordable housing is proposed with this application — the applicant has requested that City Council waive any affordable housing mitigation requirements. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non-profits to use and/or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the use of Essential Public Facilities by an unassociated commercial business. REFERRAL AGENCY COMMENTS: The APCHA Board reviewed the application at their regular meeting held February 1, 2012. Due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, the Board recommended approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. RECOMMENDATION: Staff believes that a commercial grade kitchen is an expected aspect of any fraternal club. It provides a place for the organization to prepare food for member events, as well as for events that further the charitable mission of the organization. However, staff cannot support the use of an essential public facility for a commercial operation. Staff therefore recommends against the request. If the P&Z is supportive of the applicant's request, staff recommends the use of the commercial space be limited to regular Eagles operations and commercial establishments producing or wholesaling prepared food items with no on-site consumption, such as a catering company. This has been included in Section 1 of the Resolution. APCHA's comments have also been included in the Resolution. RECOMMENDED MOTION(ALL MOTIONS ARE WORDED IN THE AFFIRMITIVE): "I move to approve Resolution No._, Series of 2012, approving with conditions, the use of 1,881 sq ft of basement space at the Eagles Club for commercial use, with conditions, and recommending that City Council approve with conditions, Growth Management Review for an Essential Public Facility." 3 The space in question is 1,881 sq. ft. in size. If this were new commercial space,housing mitigation for 3.47 FTEs would be required (1,881sf/ 1,000sf= 1.881sf, 1.881sf*3.075 FTEs = 5.78 FTEs; 5.78 FTEs * 60% mitigation = 3.47 FTEs). Page - 3 - of6 ATTACHMENTS: EXHIBIT A— GMQS Criteria EXHIBIT B— Conditional Use Criteria EXHIBIT C— APCHA Board Recommendation ExHIBIT D— Staff memo to P&Z for original Conditional Use approval, Dec 28, 1977 EXHIBIT E— Application Page -4 - of 6 RESOLUTION NO._, SERIES OF 2012 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS AN AMENDMENT TO THE FRATERNAL ORDER OF THE EAGLES CONDITIONAL USE TO USE 1,881 SQ FT OF BASEMENT SPACE FOR COMMERCIAL USE,AND RECOMMENDING CITY COUNCIL APPROVE WITH CONDITIONS GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY FOR 700 BLEEKER ST,LOT 3 OF CREEKTREE SUBDIVISION, CITY OF ASPEN, CO, PITKIN COUNTY, COLORADO PARCEL NO. 2737-073-508-03 WHEREAS, the Community Development Department received an application from the Fraternal Order of the Eagles, requesting approval of a Conditional Use amendment to allow 1,881 sq ft of their basement to be used for a commercial catering business, and a recommendation to City Council for the approval of Growth Management allotments for an Essential Public Facility; and, WHEREAS,the Applicant, Fraternal Order of the Eagles qualifies as a Conditional Use, pursuant to Section 26.104.100 "arts, cultural, and civic use", in the R-6 Medium Residential Zone District; and, WHEREAS, the Applicant, Fraternal Order of the Eagles, serves an essential public purpose by serving the needs of the general public and Aspen community, and therefore is categorized as an Essential Public Facility, pursuant to Section 26.104.100; and, WHEREAS,the subject property is zoned R-6 Medium Residential with a PUD Overlay; and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended denial, of the proposed land use requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2012, the Planning and Zoning Commission approved Resolution No._, Series of 2012, by a(_-_)vote; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, P&Z Resolution , Series of 2012 Page I of 3 WHEREAS,the Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Section 1: Dimensional Standards Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the Planning and Zoning Commission hereby approves with conditions the ability to use the basement of the Fraternal Order of the Eagles (also known as the Eagles Club)as commercial net leasable space. The space can be used for regular operations of the Eagles Club, as well as by commercial operations limited to a commercial establishment producing or wholesaling prepared food items with no on-site consumption, such as a catering company. Section 2: Conditional Use Amendment The a Conditional Use Amendment is approved to allow the basement of the Eagles Club, measuring approximately 1,881 sq ft, to be used as commercial net leasable space, conditioned upon fulfilling all conditions imposed by City Council in their Growth Management Review for an Essential Public Facility. Section 3: Growth Management for Essential Public Facility The Planning and Zoning Commission has determined that the employee generation rate for the commercial use of the space is 3 employees. The APCHA Board and the Planning and Zoning Commission recommend City Council waive any Affordable Housing mitigation associated with the existing catering operation. Section 4• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 5• 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 6• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of February, 2012. P&Z Resolution , Series of 2012 Page 2 of 3 APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: James R.True,City Attorney LJ Erspamer,Chairman ATTEST: Jackie Lothian,Deputy City Clerk P&Z Resolution , Series of 2012 Page 3 of 3 Exhibit A Sec. 26.470 Growth Management Quota System. (Review Criteria) Sec. 26.470.090.City Council applications. The following types of development shall be approved, approved with conditions or denied by the City Council, pursuant to Section 26.470.110, Procedures for review, and the criteria for each type of development described below. Except as noted, all growth management applications shall comply with the general requirements of Section 26.470.050. Except as noted, all City Council growth management approvals shall be deducted from the respective annual development allotments and development ceiling levels. 4. Essential public facilities. The development of an essential public facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions or denied by the City Council based on the following criteria: a. The Community Development Director has determined the primary use and/or structure to be an essential public facility (see definition). Accessory uses may also be part of an essential public facility project. Staff Finding: Pursuant to Section 26.104.100, Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use by, or benefit of, the general public and serves the needs of the community." Since 1901, the Fraternal Order of the Eagles has served both members and the general through fundraisers and support for area non-profits. The primary goal of the Eagles is to be charitable to the local community. They have supported many community causes, including Spring Board, The Right Door, Roaring Fork Veterans' History Project, and The Shining Stars. Staff finds that this criterion is met. b. Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline, but each operation shall be analyzed for its unique employee needs, pursuant to Section 26.470.100, Calculations. Staff Finding: The Commercial Kitchen that is the subject of this review is currently rented to Conundrum Catering. They have three (3) employees. The Eagles use the rent to help support their overall charitable mission. They have stated that they could survive without the rent from Conundrum Catering, but that would mean they have reduced resources to maintain their building and carry out their mission. The applicant has requested that any affordable housing mitigation be waived. The space in question is 1,881 sq. ft. in size. If this were new commercial space, housing mitigation for 3.47 FTEs would be required (1,881sf/ 1,000sf= 1.881sf, 1.881sf*3.075 FTEs= 5.78 FTEs; 5.78 FTEs * 60% mitigation = 3.47 FTEs). Pagel of 5 Staff suggests using the current number of employees at Conundrum catering (3) be used as the generation rate. APCHA has reviewed the proposal and recommends approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. The Growth Management review leads to a larger policy question: Should commercial operations be able to rent/use space designated in an Essential Public Facility and take advantage of the ability to provide lower mitigation than would be required for a similarly sized commercial space? Other similar Essential Public Facilities, such as churches, the Yellow Brick, and the Aspen Elks Lodge, allow individuals and non-profits to use and/or rent their spaces, but they do not lease their space to a commercial business in the way the Eagles has with the catering operation. Staff believes this is a policy question City Council should consider as they determine the mitigation level required. Staff cannot support the proposal without affordable housing mitigation because of the policy implications for Essential Public Facilities. Sec.26.470.100.Calculations. A. Employee generation and mitigation. Whenever employee housing or cash-in-lieu is required to mitigate for employees generated by a commercial or lodging development, there shall be an analysis and credit for employee generation of the existing project, prior to redevelopment, and an employee generation analysis of the proposed development. The employee mitigation requirement shall be based upon the incremental employee generation difference between the existing development and the proposed development. 1. Employee generation. Applicants may request an employee generation review with the Planning and Zoning Commission, pursuant to Section 26.470.110, Growth management review procedures, and according to the following criteria. All essential public facilities shall be reviewed by the Planning and Zoning Commission to determine employee generation. In establishing employee generation, the Planning and Zoning Commission shall consider the following: a. The expected employee generation of the use considering the employment generation pattern of the use or of a similar use within the City or a similar resort economy. Staff Finding: The commercial grade kitchen that is the subject of this review is currently rented to Conundrum Catering. They have three (3) employees. If this were a commercial space, it would generate 5.78 FTEs and would require mitigation (at 60%) for 3.47 FTEs. Staff recommends P&Z use the current number of employees at Conundrum Catering(3) for the employment generation number. Page 2 of 5 b. Any unique employment characteristics of the operation. Staff Finding: The commercial grade kitchen and basement area has been used by a catering company for 14 years. The current business, Conundrum Catering, has 3 employees and has for the duration of its business. c. The extent to which employees of various uses within a mixed-use building or of a related off-site operation will overlap or serve multiple functions. Staff Finding: The commercial grade kitchen is located in the existing Eagles building and uses the existing services, including parking, trash and recycling, and delivery service area. d. A proposed restriction requiring full employee generation mitigation upon vacation of the type of business acceptable to the Planning and Zoning Commission. Staff Finding: If the commercial kitchen operation is abandoned, the space would continue to be used for charitable functions by the lodge. This is consistent with their Essential Public Facility status. e. Any proposed follow-up analyses of the project (e.g., an audit) to confirm actual employee generation. Staff Finding: The Housing Board has recommended approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. L For lodge projects only: An efficiency or reduction in the number of employees required for the lodging component of the project may, at the discretion of the Commission as a means of incentivizing a lodge project, be applied as a credit towards the mitigation requirement of the free-market residential component of the project. Any approved reduction shall require an audit to determine actual employee generation after two (2) complete years of operation of the lodge. Staff Finding: Staff finds this criterion to not be applicable. Sec. 26.470.050.General requirements. A. Purpose: The intent of growth management is to provide for orderly development and redevelopment of the City while providing mitigation from the impacts said development and redevelopment creates. Different types of development are categorized below, as well as the necessary review process and review standards for the proposed development. A proposal may fall into multiple categories and therefore have multiple processes and standards to adhere to and meet. Page 3 of 5 B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff Finding: There is no specified number of allotments for Essential Public Facilities. The Eagles is requesting 1,881 square feet of Essential Public Facility space for their commercial kitchen. Staff finds this criterion to be met. 2. The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: The AACP does not address civic organizations. It does discuss the importance of maintaining places and opportunities for social interaction. The Eagles in general provides these opportunities through its charitable mission and activities with area groups. The commercial use of the space does not relate well to the AACP. Staff finds this criterion to be met. 3. The development conforms to the requirements and limitations of the zone district. Staff Finding: The Eagles Club us part of the Creektree Subdivision and PUD, and is zoned R-6 PUD. The space is located within the existing building. The building conforms with the approvals and Arts, cultural, and civic uses are allowed as a conditional use. Approval for the conditional use is before P&Z for approval. Staff finds this criterion to be met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Conceptual Planned Unit Development approval,as applicable. Staff Finding: Staff finds this criterion to not be applicable. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished Page 4 of 5 pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. (Ord. No. 6—2010,§2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. (Ord. No. 6—2010, §2) Staff Finding: Staff finds this criterion to not be applicable, as the project is being reviewed as an Essential Public Facility. The Housing Board recommends no affordable housing mitigation be required for the existing use of the space. If a different use (besides catering) were in the location, housing mitigation might be required. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. (Ord. No. 14,2007, §1) Staff Finding: The catering use has been located on the property for 14 years, with Conundrum Catering operating there for the past 12 years. The city has not received any official complaints regarding the catering use during that period. Staff believes the space can handle the use, as well as the on-going charitable activities conducted by the Eagles. However, staff has some concerns related to additional businesses operating out of the space. The catering use is unique in that the prep work is done on-site, but the events are held off-site. There have been other businesses that attract traffic and users to the site. Staff is concerned this could result in increased demand on public infrastructure. Staff finds this criterion to be met for the catering use and the general Eagles operations. Page 5 of 5 Exhibit B 26.425 Conditional Use (Review Criteria) 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title; and Staff Response: The Fraternal Order of Eagles' (Eagles) facilities serve the members of the club as well as the Aspen community through various events and fundraisers. The Eagles is considered a fraternal club, which is a conditional use in the R-6 zone district. They received their original conditional use approval in 1977. This request is for a commercial kitchen. Staff believes a commercial kitchen is something that is to be expected in a fraternal club to meet their mission of assisting local charities and general operations of the club and member meetings. Staff believes the kitchen use itself is consistent with what is expected in a fraternal club, and is consistent with the intent of the zone district. The kitchen itself meets requirements of the building code and all aspects of title 26. However, staff does not believe that a commercial operation in an Essential Public Facility meets the intent or purpose of the zone district or the Land Use Code. The commercial kitchen is currently rented by Conundrum Catering, who provides food for Eagles events, as well as for their outside catering business. Commercial uses are permitted in many locations throughout town. Staff cannot support a commercial operation in an Essential Public Facility because of the potential precedent it sets with regard to Growth Management. Similarly situated businesses have had to mitigate for their employees based on the mitigation levels outlined for commercial uses in the Growth Management Code. The AACP does not relate well to this review, as it does not discuss the use of Essential Public Facility space by a commercial operation. It does discuss the importance of maintaining places and opportunities for social interaction. The Eagles in general provides these opportunities through its charitable mission and activities with area groups. The commercial use of the space does not relate well to the AACP. Staff finds this criterion is not met. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Response: The Eagles has occupied the site since 1977, and has housed a catering operation for the last 14 years. This conditional use is consistent and compatible with the Pagel of 2 residential neighborhood and enhances the mixture of activities in the R-6 zone district without adversely affecting the neighborhood's integrity. Staff finds this criterion is met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Response: The proposed conditional use application seeks to memorialize an existing use. The commercial kitchen comprises 1,881 sq. ft. of net leasable space. The area has been used for the past 14 years by a catering company, who provides catering for Eagles events and for their own business purposes. The catering business operates from 8am — lOpm, and conducts a majority of its business on weekends. All the catering equipment is stored on premises, and the business uses the Eagle's service delivery area and trash and recycling. There are no visual impacts associated with the use, as it currently exists in the building's basement. The catering use has operated without any official complaints to the city regarding adverse impacts. Staff has some concerns that the increased use of the catering kitchen by other business that might draw traffic and users to the site could have a negative impact on the neighborhood. Staff finds that if used for catering purposes as it has been for the past 14 years, there are minimal impacts on the neighborhood and criterion c is met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police,fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Response: The use is currently served by adequate public facilities. Staff finds that criterion d is met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Response: The applicant has requested to be reviewed as an Essential Public Facility and that affordable housing mitigation be waived. This is the subject of a separate review—the P&Z determines the number of employees generated, and City Council determines the mitigation level. Staff finds that this criterion is met, subject to City Council's growth management review. Staff recommends the Conditional Use approval be conditioned upon fulfilling any mitigation requirements imposed by City Council. Page 2 of 2 MEMORANDUM TO: Jessica Garrow, Community Development Department FROM: Cindy Christensen, APCHA Operations Manager THRU: Tom McCabe, APCHA Executive Director DATE: February 1, 2012 RE: Fraternal Order of Eagles Conditional Use Amendment ISSUE: The applicant is requesting approval to be determined as an "Essential Public Facility" which would permit the operation of the kitchen to be exempt from the City's growth management quota system (GMQS)competition and waiver of the affordable housing mitigation requirements. BACKGROUND: The Eagles Club ("Club") building contains a commercial grade kitchen in the basement, which is used to provide food service for Club members and various Club events. The last 14 years, the kitchen has been leased to two catering companies — Back Door Catering for the first two years and Conundrum Catering for the last 12 years. Conundrum Catering does have a City of Aspen business license and its use in the Club kitchen has been regularly inspected by the City's Environmental Health Department. The Community Development Department ("ComDev") determined that the leasing of the building's kitchen to caterers is inconsistent with the conditional use approval; therefore, the Club must either stop leasing its kitchen or apply for a conditional use amendment. ComDev further determined that growth management approval is also required if the kitchen is to continue to be leased for commercial purposes. The basement's net leasable area totals approximately 1,881 square feet; however, this square footage includes a mechanical room, storage area, along with the kitchen and associated preparation area as well. DISCUSSION: Conundrum Catering is a seasonal business which operates within the Club during the hours of 8:00 a.m. to 10:00 p.m. Approximately 75% to 80% of its business is conducted on the weekends. Its activities are essentially limited to eight months a year — four months in the summer and four months in the winter. Conundrum Catering also provides food serve for the Club members and its various special events. Conundrum Catering has three employees—company's owner, Kip Feight; its chef, and its catering manager. Contract labor (e.g., waiters, bartenders, etc.) utilized for catered events is obtained from the community's extensive pool of restaurant employees. No additional employees will be generated as a result of the requested conditional use approval. Fraternal Order of Eagles Conditional Use Amendment Page 1 The primary goal of the Club is to be charitable to the local community. If a charitable group approaches the Club for an event, it is provided free of charge. Upon a recommendation by ComDev, City Council may assess, waive or partially waive affordable housing mitigation requirements. The Club is requesting that affordable housing mitigation not be required in connection with Conundrum Catering's leasing of its kitchen. The applicant believes that no reasonable ability exists to provide such mitigation within its building or to make a cash-in-lieu payment. If the mitigation requirement is not waived, the Club will have no other option but to cease the leasing of its kitchen for catering purposes. MITIGATION: An Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use or benefit of the general public, and serves the needs of the community." ComDev has deterred that the Club is eligible to be considered as such a facility. The City Council has the option of waiving affordable housing mitigation requirements for an Essential Public Facility, although the Code does not exempt an applicant from the mitigation requirement. The mitigation requirement would be as follows: 4.1 FTE's per 1,000 square feet with a 25%reduction for below grade space 1,881 - 1,000= 1.88 4.1 X 25%reduction =3.1 1.88 X 3.1 =5.83 FTE's X 60%=3.5 required mitigation RECOMMENDATION: The APCHA Board reviewed the application at their regular meeting held February 1, 2012, and due to the nature of the business in that Conundrum Catering provides food to the Club members as well as their special events, and has done so in the last 14 years, Staff recommends approval of the applicant's request with no additional mitigation required, but that an employee audit shall be provided to APCHA with the current number of employees and that any other use of the commercial kitchen by another caterer be reviewed and approved by the Community Development Department. Fraternal Order of Eagles Conditional Use Amendment Page 2 M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Planning Staff (BK) RE: Conditional Use Hearing for the Eagles Building DATE: December 28, 1977 At Tuesday's meeting you will be conducting a public hearing to consider the grant of conditional use for the Eagles Building at the location of Spring Street and Bleeker Street extended. As you will recall, you did review this building in some detail within the context of the Creektree Subdivision earlier this year. However, upon the second check, we discovered that fraternal organizations were permitted only as conditional uses in the Rio Grande Specially Planned Area which covers the area to be traded to Andre Ulrych for purposes of the additional exchange to the Eagles for the construction of the Eagles Building. While the building concept and location were approved during the Creektree review, technically no action was taken on grant of conditional use, so at Tuesday's meeting we are formally conducting a hearing to clear that part of the process as required by the City code. Again, this is required because the land to be traded to Andre was originally part of the overall City-owned SPA and, if you will recall, during that SPA process, we listed fraternal organizations as uses permitted only as conditional uses. Under Section 24-3.3 of the Municinal Code and in Section (d) you are to consider the general compliance of the application with (1) all requirements imposed by the zoning code, (2) compatibility with the objectives and purposes of the zoning code, and (3) compatibility with the surrounding area. In considering the building for compatibility with zoning in the surrounding area, there are several key factors that should be considered: (1) is the building size (FAR) and its relationship to the surrounding area, (2) is the relationship of parking to the building, and (3) is adequacy of circulation, landscaping and general site design. The building as proposed consists of three stories, two above grade, with a total building area of 7,900 square feet. The plans call for the provision of 16 parking spaces with access directly off of Spring Street. During the Creektree Sub- division reviews, the subject of parking and building size were discussed and while the 16 spaces shown represents a parking supply at somewhat below typical commercial standards in the City, a variance to the normal parking requirements was enabled by virtue of the site being located within a Specially Planned Area which allowed the parking to be regulated and varied in accordance with the submission of a detailed plan. Representatives of the Eagles presented information to suggest why 16 spaces were adequate and this reasoning mainly dealt with the proximity of the facility to the downtown area and the high level of walk-in traffic. While this review is largely a formality, there are two small detailed questions that remain unresolved and we would recommend clearing these areas up as a result of the conditional use process. The first is a need for more specific detail on the treatment of the bank which drops off into the Roaring Fork River on the north side of the proposed parking loot. The plans show this parking lot to be overhanging the bank which suggests cribbing, filling, etc. Memo to Aspen Planning and Zoning Commission December 28, 1977 Page 2 and we would recommend that additional detail be provided to the Building Inspector on actual construction specs for this retaining wall. Our objective here is to avoid the large concrete retaining wall kind of design. Such a wall would constitute a visual blight for all the residents living across the river, including Smuggler Mountain and Oklahoma Flats. A much more aesthetically pleasing design could be accomplished with the use of natural materials, i.e. boulders, railroad ties, and landscaping which would grow over the years and form a nice vegetative cover for the bank. Plans as submitted to the Building Inspector at this point show only general language which says cribbing. We don't feel that the application should be held up pending more detailed plans, but that simply P&Z should make a condition of their approval the showing of a detailed plan with materials and landscape materials to be submitted to the Building Inspector prior to building permit issuance. We would also like to see a commitment to landscape the islands within the parking lot. These islands exist at the north and south sides of the driveway entrance to the parking lot. Even though parts of these island are within the right-of-way for Spring Street we would like to see the developers provide some landscaping for those areas. The Eagles Building itself appears to be set back sufficiently far from the top of the bank so as not to require retention, but should any disruption to the bank take place from the construction of the Eagles Building, I would also recommend use of natural materials and cribbing and retention. We feel that the design is essentially compatible with the surrounding area given the fact that the Obermeyers and an assortment of service commercial industrial buildings exist to the immediate west of this site. Concept 600 is immediately northwest of the site, and land immediately south is zoned PJIF and at some point will permit buildings up to 28 feet in height. The building proposed here is approximately 26 feet high and with its limitation to two floors above grade will fit the scale and character of the neighborhood. With conditions for more detail in the landscaping of the bank and landscaping the parking area, we recommend approval of the Eagles Building. We will have detailed drawings of the building to show choice of materials amassing scale, color, etc. at your meeting on Tuesday. BK:mc Y4 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Staff (BK) RE: Conditional Use Hearing for the Eagles Building DATE: December 28, 1977 - At Tuesday' s meeting you will be conducting a public hearing to consider the grant of conditional use for the Eagles Building at the location of Spring Street and Bleeker Street extended. As you will recall, you did review this building in some detail within the context of the Creektree Subdivision earlier this year. However, upon the second check, we discovered that fraternal organizations were permitted only as conditional uses in the Rio Grande Specially Planned Area which covers the area to be traded to Andre Ulrych for purposes of the additional exchange to the Eagles for the construction of the Eagles Building. While the building concept and location were approved during the Creektree review, technically no action was taken on grant of conditional use, so at Tuesday' s meeting we are formally conducting a hearing to clear that part of the process as required by the City code. Again, this is required because the land to be traded to Andre was originally part of the overall City-owned SPA and, if you will recall, during that SPA process, we listed fraternal organizations as uses permitted only as conditional uses. Under Section 24-3. 3 of the Municipal Code and in Section (d) you are to consider the general compliance of the application with (1) all requirements imposed by the zoning code, (2) compatibility with the objectives and purposes of the zoning code, and (3) compatibility with the surrounding area. In considering the building for compatibility with zoning in the surrounding area, there are several key factors that should be considered: (1) is the building size (FAR) and its relationship to the surrounding area, (2) is the relationship of parking to the building, and (3) is adequacy of circulation, landscaping and general site design. The building as proposed consists of three stories, two above grade, with a total building area of 7,900 square feet. The plans call for the provision of 16 parking spaces with access directly off of Spring Street. During the Creektree Sub- division reviews, the subject of parking and building size were discussed and while the 16 spaces shown represents a parking supply at somewhat below typical commercial standards in the City, a variance to the normal parking requirements was enabled by virtue of the site being located within a Specially Planned Area which allowed the parking to be regulated and varied in accordance with the submission of a detailed plan. Representatives of the Eagles presented information to suggest why 16 spaces were adequate and this reasoning mainly dealt with the proximity of the facility to the downtown area and the high level of walk-in traffic. While this review is largely a formality, there are two small detailed questions that remain unresolved and we would recommend clearing these areas up as a result of the conditional use process. The first is a need for more specific detail on the treatment of the bank which drops off into the Roaring Fork River on the north side of the proposed parking lot. The plans show this parking lot to be overhanging the bank which suggests cribbing, filling, etc. Memo to Aspen Planning and Zoning Commission December 28, 1977 Page 2 and we would recommend that additional detail be provided to the Building Inspector on actual construction specs for this retaining wall. Our objective here is to avoid the large concrete retaining wall kind of design. Such a wall would constitute a visual blight for all the residents living across the river, including Smuggler Mountain and Oklahoma Flats A much more aesthetically pleasing design could be accomplished with the use of natural materials, i.e. boulders, railroad ties, and landscaping which would grow over the years and form a nice vegetative cover for the bank. Plans as submitted to the Building Inspector at this point show only general language which says cribbing. Ile don' t feel that the application should be up pending more detailed plans, but that simply P&Z should make a condition of their approval the showing of a detailed plan with materials and landscape materials to be submitted to the Building Inspector prior to building permit issuance. We would also like to see a commitment to landscape the islands within the parking lot. These islands exist at the north and south sides of the driveway entrance to the parking lot. Even though parts of these island are within the right-of-way for Spring Street we would like to see the developers provide some landscaping for those areas. The Eagles Building itself appears to be set back sufficiently far from the top of the bank so as not to require retention, but should any disruption to the bank take place from the construction of the Eagles Building, I would also recommend use of natural materials and cribbing and retention. We feel that the design is essentially compatible with the surrounding area given the fact that the Obermeyers and an assortment of service commercial industrial buildings exist to the immediate west of this site. Concept 600 is immediately northwest of the site, and land immediately south is zoned FJIF and at some point will permit buildings up to 28 feet in height. The building proposed here is approximately 26 feet high and with its limitation to two floors above grade will fit the scale and character of the neighborhood. With conditions for more detail in the landscaping of the bank and landscaping the parking area, we recommend approval of the Eagles Building. We will have detailed drawings of the building to show choice of materials amassing scale, color, etc. at your meeting on Tuesday. BK:mc City of Aspen 2010 Combined Sales Tax and lsiness License Application 130 South Galena Street ar'u"Business Occupation Tax Return THE CRT oFAsFEN V� Aspen Colorado 81611 (970)920-5029 E=mail: aspen_sales_tax @ci.aspen.co.us Please Type or Print Clearly Web Page: http://aspenpitkin.comI Departments/Finance-City-of-Aspen/Business-Sates-Tax-License/ Name of Business: cq.V �� �� c G�v�. u 5 t✓� �- Sales Tax/Primary Mailing Address: V,V1 I Location Address: ��C>` /�>/ /C Add ess To Which You Would Like Licenses Mailed: Same as Sales Tax Address Same as Location Address Other: Phone No. of Business: Fax No.: ( ) — Sales Tax Contact: �,�y Contact Phone: E-mail Address: Web Page Address: Colorado Sales Tax License No: - If Being Applied For, Date? If applicable, State of Colorado Sales Tax Exempt Number: Frequency of Filing Aspen Sales Tax Returns: a/ Monthly Quarterly Annual Other(Describe) If more than$600 in taxable sales per month,you must file monthly. Will you also be collecting the Aspen 1% Lodging Tax on Short Term Rentals of Lodging? Yes No Nature of Business/Products Sold: 5�-J Type of Ownership: (check one) Sole Proprietorship Partnership Corporation ✓ LLC Other Date That Business Started In Aspen, or Date of Purchase of Business: If Business Was Purchased, Name of Previous Business &Owner: Names of Owners, Part ers, or Managers of the Business: a ►' Title d b• Title C. --If Retail, Please Estimate the Highest Monthly Taxable Retail Sales For Your Business$ Estimated Monthly Average Full-Time Employees (FTE's) of your Business: (Include self, owners and partners, managers, etc.) Computation of Annual Business Occupation Tax Due to the City of Aspen For the Calendar Year, January 1 thru December 31: 0-5 Employees.......................................................................................................$150 Amount Paid: 6- 15 Employees................................................................................................... $200 16 -49 Employees...................................................................................................$400 50 or More Employees.............................................................................................$750 Liquor License Holders............................................................................................$ -0- Not For Front croups tiKS erection ovitu).t;j)uertiticate KequireaJ.............:...:.z� -u- CONTINUED ON REVERSE SIDE 4 I declare, under penalty of perjury,that this application has been examined by me, and that the statements.made herein are made In good faith pursuant to the City of Aspen tax regulations and,to the best of my knowledge and belief, are true, correct and complete. SIGNATURE OF APPLICANT: DATE: PLEASE RETURN THIS APPLICATION.ALONG WITH YOUR REMITTANCE OF THE APPROPRIATE BUSINESS OCCUPATION TAXES, (AS CALCULATED ON THE OF THIS APPLICATION), PAYABLE TO THE CITY OF ASPEN FOR CITYSTAFF ONLY APPROVAL DATE Z - my Development 3`d Floor of City Hall _ a G _�o t o 970-920-5090 ENVIRONMENTAL HEALTH - Primarily for Food Handling and Hazardous Chemicals 2nd Floor of City Hall 970-920-5070 FIRE MARSHALL- Located in the Fire Dept. 970-925-2690 FINANCE DEPT- n Floor of City Hall Pay Cashier the Appropriate Business Occupation Tax See Cashier for Issuance of License 970-920-5029 License Management-(View) Fie-"Edit', Options FUMUO ii',Consoles "Help 17rit' .y Lmertse B ' ' � License its e Code ��##1�It)Flll�l C'ATECtt�1C, FOOD. Period 201171 endar Year Q OR[!p ST€RES° �.. G eral Fees_ 1rrFh mat Comments I Histo ry ' Footprint a L€censee Information Dense Details Attention cure Pail .: \ Address P.O.BOX3271 _ t�ngir�wai Crate 41t�t?1998 FEF[ Cp 8161 fie croa E c(taeDaire1lO11201� ErpirattcnO to 12r 1/2011 ;,` °Termination Businesslntormalion :. Renewed Date . Business Classi Fp07 C1&DRUG STORES Printed Elate 111 ?2t111 + , Report Code 107 RES Balance GOO Coriactor + �� � FendingActivity .. ACINTACT 141 Same TRADE NAME Prow., Add€ess 700 E QLEEicER ST fisSPEFt T — � x C�Limits � �aCns'sie:.f O�rt tde,, :PRIMARY,PH Exceptions �. STADbAES9 �,�r�tThrsFtecort� l View mic[�e� VANN ASSOCIATES, LLC Planning Consultants RECEIVED November 10, 2011 NUV 15 2011 CITY OF ASPEN HAND DELIVERED COMMUNITY DEVELOPMENT Ms. Amy Guthrie Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Fraternal Order Of Eagles Conditional Use Amendment Dear Amy: Please consider this letter an application for a conditional use amendment to permit the operation of a commercial kitchen in the Fraternal Order of Eagles (hereinafter "Eagles Club") building which is located at 700 East Bleeker Street in the City of Aspen (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application also requests that the Eagles Club be determined an "Essential Public Fa` ty cil " to permit the operation of the kitchen exempt from the City's growth management quota system ("GMQS") competition and affordable housing require- ments. The application is submitted pursuant to Sections 26.425.080 and 26.470.090.4. of the Aspen Land Use Regulations (the "Regulations") by the Eagles Club, the owner of the property (see Exhibit 2, Title Commitment). Permission for Vann Associates, LLC, Planning Consultants, to represent the Eagles Club is attached as Exhibit 3. A land use application form, an application fee agreement, and a list of property owners located within 300 feet of the Eagles Club property are attached as Exhibits 4, 5 and 6, respectively. Background The Eagles Club building is presently located on Lot 3 of the Creektree Subdivi- sion/PUD (see First Amended Plat, Exhibit 7). The subdivision consists of four lots and a public park parcel (i.e., Newberry Park), and was originally approved by the City in November of 1977. Prior to approval, the area of the subdivision comprising Lot 3 was owned by the City. In connection with the approval, the subdivision's developer, Andre Ulrych, conveyed the park parcel to the City in exchange for Lot 3. P.O. Box 4827 • Basalt,Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net Ms. Amy Guthrie November 10, 2011 Page 2 He then conveyed Lot 3 to the Eagles Club in exchange for their original building which was then located at 3 2 South Galena Street. The present Eagles Club building was constructed by Mr. Ulrych and conveyed to the Eagles Club as a condition of his acquisition of their Galena Street property. At the time, Lot 3 was zoned SPA, Specially Planned Area, as was the neighboring City owned Rio Grande property. The caseload files for the Creektree Subdivision indicate that the then SPA regulations perujittfja "fratemal c u as a conditional use in the SPA zone district. Conditional use approval for the new Eagles Club building was granted by the Planning and Zoning Commission ("P&Z") on January 3, 1978 (see P&Z minutes, Exhibit 8). While the minutes reflect the imposition of various conditions related to the design of the building, no conditions were imposed with respect to the operation of the Eagles Club itself. A P&Z resolution memorializing the approval has not been located. The Eagles Club building contains a commercial grade kitchen in its basement which is used to provide food service for Club members and various Club events. For the last fourteen years the kitchen has also been leased to two separate Cate it ng compa- nies, two years to Back Door Catering and twelve years to Conundrum Catering, the present tenant. Conundrum provides the Eagles Club's food service and catering services for various private clients. Conundrum Catering operates pursuant to a City business license and its use of the Eagles Club kitchen has been regularly inspected by the City's Environmental Health Department. As the Pre-Application Conference Summary indicates, the Community Development Department ("COMDEV") has determined that the leasing of the building's kitchen to caterers is inconsistent with the Eagles Club's conditional use approval as no refer- ence to such use is reflected in the P&Z's minutes. As a result, the Eagles Club must either stop leasing its kitchen or apply for a conditional use amendment. COMDEV has further determined that growth management approval is also required if the kitchen is to continue to be leased for commercial purposes. Existing Conditions As the attached Improvement Survey illustrates (see Exhibit 9), Lot 3 contains approximately 0.5 acres. Lot 3 is presently zoned R-6 (PUD), Medium-Density Residential, Planned Unit Development, as is Lots 2 and 4 of the Creektree Subdivi- sion/PUD. Lot 1 is zoned R-30 (PUD), Low-Density Residential, and the park parcel is zoned P, Park. include fraternal clubs, are conditional uses in the R-6 zone district. As discussed above, the Eagles Club is located on Lot 3. Lots 2 and 4 abut the park and Lot 3, respectively, and are Ms. Amy Guthrie November 10, 2011 Page 3 accessed from Spring Street. Lot 1 contains a single-family residence, is located across the Roaring Fork River from the park, and is accessed from Bay Street. The Eagles Club building is a t . The basement contains a mechanical room, kitchen, and associated preparation and storage areas. The basement's net leasable area totals approximately 1,881 square feet. The building's main level contains a bar and an informal gathering/dining area (a/k/a, the "Social Room") while the upper level contains the Eagles Club's formal meeting room. As the attached floor plans illustrate (see Exhibit 10), the building contains approximately 5,001 square feet of floor area of which approximately 399 square feet is located in the basement; 2,608 square feet is located on the main level; and me the remaining 1,994 square feet is located on the building's upper level. There is no floor area limitation, however, for fraternal clubs in the R-6 zone district. A building envelope for the Eagles Club building is depicted on the original Creektree Subdivision plat. As the improvement survey illustrates, all of the existing building except its northeast corner lies within the designated envelope. Portions of a wood deck which abuts the building's north elevation are also located outside the designated envelope. Additional structures on Lot 3 are limited to an enclosed trash storage area and an unenclosed stairway that provides pedestrian access from the building to the adjacent park. An on-site surface parking area is located at the front of the building. Vehicular access to the parking area is also provided from Spring Street which abuts Lot 3 and 4's western property line. Based on the R-6 zone district's dimensional requirements, Lot 3 is a conforming lot as its size exceeds the district's minimum lot size of 6,000 square feet. As the Improvement Survey illustrates, the building also appears to be conforming with respect to the district's minimum lot width and front and rear yard setback require- ments. It is unclear, however, whether the building complies with the district's minimum side yard setback requirement and maximum height limitation. Review Requirements The requested amendment is subject to conditional use review and review pursuant to the GMQS regulations as an Essential Public Facility. These review requirements are addressed in the following sections. 1. Conditional Use Pursuant to Section 26.425.080.B. of the Regulations, the proposed amendment to the Eagles Club's conditional use approval is subject to P&Z review Ms. Amy Guthrie November 10, 2011 Page 4 and approval. The specific review standards, which are contained in Section 26.710. 040. C.1., and the proposed commercial kitchen's compliance therewith, are summa- rized below. a) The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. The Eagles Club and the use of its kitchen for catering purposes is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan. A fraternal club is a conditional use in the R-6, zone district, and COMDEV has indicated that a commercial kitchen is within the types of activities that could be anticipated at such a facility (see Exhibit 11). b) The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activi- ties in the vicinity of the parcel proposed for development. As discussed previously, the Eagles Club kitchen has been utilized for catering_ oses by various catering companies for the last fourteen years. The caterers have also historically provided food service for the Eagles Club's members and its various special events. The use of the Eagles Club's kitchen for catering purposes is consistent and compatible with both the Eagle Club and with surrounding land uses. The adjacent Obermeyer Place development contains numerous and diverse. neighborhood commercial uses in addition to a residential component. C) The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, im- pacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties. Conundrum Catering is a seasonal business which operates from within the Eagles Club's building during the hours of 8:00 AM and 10:00 PM. Approxi- mately 75 to 80 percent of its business is conducted on weekends. The catering company's business equipment and supplies are stored on the premises. Food and beverage delivery service is via the Eagles Club's parking lot and the building's rear entrance. Waste materials and recyclables are disposed of in the on-site trash area. Trash and recycling pickup occurs weekly and is paid for by Conundrum Catering. No significant adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, vibrations and odor on sur- Ms. Amy Guthrie November 10, 2011 Page 5 rounding properties are believed to occur as a result of the catering company's operations, and no com laints with respect thereto are believed to have been received during the company's occupancy o t e ui mg. d) There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. - - - - - - - -Existing public facilities and services are adequate to-permit the use of the Eagles Club's kitchen for commercial catering purposes. As discussed above, the Eagles Club's kitchen has been utilized for catering purposes for the last fourteen years. e) The Applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. Pursuant to Section 26.470.100.A.1. of the Regulations, the employee generation of Essential Public Facilities is to be established by the P&Z upon consid- eration of the following. i) The expected employee generation of the use consider- ing the employment generation pattern of the use or of a similar use within the City or a similar resort economy. Conundrum-Catering has three employees consisting of the company's owner, Kip Feight; its chef; and its catering manager. Contract labor (e.g., waiters, bar tenders, etc.) is utilized for catered events and is obtained from the community's extensive pool of restaurant employees. The company's owner and chef both own their own homes. The catering manager presently lives in rental housing. Conundrum Catering has ouerated from the Eagles Club's kitchen for over a decade. No addirinnal PTn,��es will be venerated as a result of the requested conditional use approval. ii) Any unique employment characteristics of the opera- tion. Conundrum Catering is a seasonal business. Its catering activities are essentially limited to eight six months a year, four months in the summer and four months in the winter. Ms. Amy Guthrie November 10, 2011 Page 6 iii) The extent to which employees of various uses within a mixed-use building or of a related off-site operation will overlap or serve multiple functions. Conundrum Catering provides regular food service for the Eagles Club's members and for it special events. iv) A proposed restriction requiring full employee mitigation upon vacation of the type of business acceptable to the Planning and Zoning commission. The Eagles Club will agree to an approval condition which addresses the above requirement. V) Any proposed follow-up analyses of the project (e.g., and audit) to confirm actual employee generation. The Eagles Club will agree to an approval condition which addresses the above requirement. As discussed below, the Eagles Club requests that the use of its kitchen for catering purposes by Conundrum Catering be exempted from affordable housing mitigation. 2. Growth Management Pursuant to Section 26.470.090.4. of the Regulations, the City Council may exempt an Essential Public Facility from the City's growth management competi- tion process and associated affordable housing mitigation requirements. The applica- ble review criteria, and the proposed conditional use amendment's compliance there- with, are summarized below. a) The Community Development Director has determined the primary use and/or structure to be an essential public facility. Accessory uses may also be part of an essential public facility. Pursuant to Section 26.104.100, an Essential Public Facility is defined as "a facility which serves an essential public purpose, is available for use or benefit of the general public, and serves the needs of the community". As Exhibit 11 indicates, COMDEV has determined that the Eagles Club is eligible to be considered such a facility. Ms. Amy Guthrie November 10, 2011 Page 7 The Fraternal Order of Eagles, Aerie #184 was founded on November 15, 1901. The Eagles Club current has 174 members and membership is open to the .general public. To join, an applicant fills out a pledge form and pays a onetime fee of $25.00. The form is reviewed by an investigating committee and, if approved, the applicant is initiated at a predetermined date. Membership dues are $50.00 per year thereafter. The Eagles Club has had a rich membership history including the Puppy Smith family, the Newberry family (which the City's Newberry Park was named after), former Pitkin County Commissioner Fred Crowley, and many other prominent local citizens. Membership currently consists of a broad spectrum of the community, includes members aged 21 to 90, and is both coed and multi-ethnic. The primary goal of the Eagles Club is to be charitable to the local community. If a group has a charitable cause, the Eagles Club's social room is made available to the croup free of charge for their event. For example, The Shining Stars organization recently held a very successful event at the Club for which Conundrum Catering donated the food. The Mother Puckers and numerous other organizations also use the Eagles Club for their charitable events. In addition, the Club has held carwashes to raise money for various local charities. The Club raised nearly $4,000. 00 for the local chapter of the Multiple Sclerosis Society via such carwashes and has donated to The Right Door, Visiting Nurses, Heritage Park, Consumer Advocates, the Roaring Fork Veterans' History Project, a homeless shelter, and numerous other organizations. An additional coaLof the Eagles Club is to preserve the 110 year-old presence of this important national fraternal order in Aspen. The Fraternal Order of Eagles has nearly 4,000 Aeries in the United States and Canada. The national office in Ohio gives millions annually to charities. The Aspen Aerie is a Federal Schedule 990 non-profit organization and is supported by proceeds from its social room, membership dues, and from Conundrum Catering's monthly rental payment. While the Ea les Club could survive without Conundrum's rent, they would have significan- tly less revenue to devote to the maintenance of their building an their charita e endeavors. b) Upon a recommendation from the Community Development Director, the City Council may assess, waive or partially waive affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. The employee generation rates may be used as a guideline but each operation shall be analyzed for its unique employee needs pursuant to Section 26.470.100, Calculations. Ms. Amy Guthrie November 10, 2011 Page 8 Given the Eagles Club's extensive charitable activities within the community, the financial benefit derived from the leasing of its kitchen which helps to support these activities, and the fact that Conundrum Catering's limited number of employees are presently housed, the Eagles Club respectfully requests that affordable housing mitigation not be required in connection with Conundrum Cate�leasing of its kitchen. No reasonable ability exists to provide such mitigation within its Club 7777- building or to make a cash-in-lieu payment therefor. Absent the City Counci_'s-_ waiver of the mitigation requirement, the Eagles Club will have no other option but to cease the leasing of its kitchen for catering purposes. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN AS LLC Sunn nn SV:cwv Attachments cc: Geoff McIntyre, Fraternal Order of Eagles Kip Feight, Conundrum Catering d:\oldc\bus\city.app\app57511.cu1 EXHIBIT a CITY OF ASPEN s PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Guthrie, 970.429.2758 DATE: 08/02/2011 PROJECT: Eagles Club, 700 E. Bleeker Street, Creektree Subdivision, Lot 3 REPRESENTATIVE: Sunny Vann, Vann Associates, LLC, 925-6958 OWNER: Fraternal Order of Eagles TYPE OF APPLICATION: Amendment to a Conditional Use Review, GMQS Review as Essential Public Facility DESCRIPTION: In 1978, City Council approved the creation of a Planned Unit Development and Subdivision called Creektree. Creektree Subdivision contains 4 lots and a public park. Lot 1 is a single family home, Lot 2 contains 2 duplexes, Lot 3 was improved by the original developer with a Fraternal Lodge building, which was then conveyed to the Eagles Club. Lot 4 was not developed, but provided access to Lot 2. A portion of the Subdivision was deeded to the City of Aspen as Newbury Park. The approval process included action by the Planning and Zoning Commission to grant Conditional Use approval for the Eagles Club. This was necessary because the zoning for the subdivision is R-6, and the only uses permitted by right are residential. No specifics about the operation of the Club were discussed in the approval. For the past several years, the Eagles Club has leased its commercial kitchen to several local caterers not otherwise associated with the club. This has been determined to be inconsistent with the Conditional Use approval. The Eagles Club must either stop leasing the kitchen, or apply for an amendment to the Conditional Use and seek Growth Management approval as described below. First, the applicant will request the Community Development Director determine the Eagles Lodge an Essential Public Facility under Section 26.470.090.4 of the Municipal Code. An Essential Public Facility (EPF) serves an essential public purpose, is available for use by or the benefit of, the general public and serves the needs of the community. This status would exempt the property from the Growth Management competition process. The Planning and Zoning Commission will review the Conditional Use amendment, to allow for the commercial kitchen, at a public hearing. Typical considerations are consistency with the surrounding neighborhood, and prevention of adverse impacts on the neighborhood. P&Z will also perform an Employee Generation Review and be asked to make a recommendation to City Council. Council will verify the property's Essential Public Facility status and determine if affordable housing mitigation should be entirely waived, or provided and to what extent. Below are links to the Land Use Application Form and Land use Code for your convenience. Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%20and%2OFees/landuseappform pdf Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-ZoningfFitle-26-Land- Use-Code/ Community Development is willing to allow the two existing caterers who have business licenses for the space, Conundrum Catering and Mavaki Ethiopian Cuisine, to continue operation until the review process to legalize the situation is completed, with the condition that the application is brought in and pursued in a timely manner. We have indicated to them that their licenses are good until at least January 1, 2012, but may be discontinued after that time. No other caterers will be issued business licenses for this location unless the Conditional Use and GMQS issues are resolved. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.425.040 Standards applicable to all conditional uses 26.425.080 Other amendments to a Conditional Use Review 26.470.050 General Requirements, GMQS 26.470.090.4 Essential Public Facilities, City Council applications 26.470.100 Calculations 26.470.110 Growth Management Review Procedures Review by: Community Development Staff, Planning and Zoning Commission, City Council. Public Hearing: Yes, at the Planning and Zoning Commission and City Council Planning Fees: Major Application: $4,410.00 This includes fourteen billable hours of staff time. Additional hours, if needed, will be billed at $315 per hour. Total Deposit (P&Z): $4,410.00 Total Number of Application Copies: 20 To apply, submit the following information RECEIVED", PP Y� 9 NOV 15 2011 0 Total Deposit for review of application. CITY OF ASPEN 0 Pre-application Conference Summary. COMMUNITY DEVELOPMENT Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. D Proof of ownership, and a letter from the owner or owners representative consenting to the application. A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. D Completed Land Use application and signed fee agreement. Q An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. Q A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. Q Elevation drawings or "before and after" photographs/drawings simulating and specifying the location and design of the operation. Copies of all past planning approvals. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT a Z COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 26, 2008 at 8:00 AM Case No. PCT219451-2 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$0.00 Premium$0.00 Proposed Insured: Rate: PROFORMA (b)ALTA Loan Policy-(6/17/06) Amount$0.00 Premium$0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: FRATERNAL ORDER OF THE EAGLES,AERIE#184 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 3, CREEKTREE SUBDIVISION, according to the Plat thereof recorded February 14, 1978 in Plat Book 6 at Page 83 and the First Amended Plat Creektree Subdivision, recorded June 21, 1995 in Plat Book 37 at Page 54. PITKIN COUNTY TITLE,INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: EXHIBIT November 9, 2011 Ms. Amy Guthrie RECEIVED Community Development Department U V 15 2011 130 South Galena Street CITY OF ASPEN Aspen, Colorado 81611 COANUNfi tIVT Re: Permission to Represent Dear Ms. Guthrie: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for a condition- al use amendment for the Fraternal Order of Eagles. Mr. Vann is hereby authorized to . act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, FRATERNAL ORDER OF EAGLES Geoff c It re, Trustee/ -- c:Aoldc\bus\city.Ur,Itr5"511.ag t • EXHIBIT YI d a 3 LAND USE APPLICATION APPLICANT: Name: /�/r47��1-14G ef*Ar1-)'4*r Cf iool Location: 7� '=-n (Indicate street address, lot& block number, legal description where appropriate) Parcel ID#(REQ UIRF_D) 7:5 e 3 REPRESENTATIVE: c Name: 4154 WA/Y-100 V-4y1-1 Address: /4 4, 13r-W 9&5? Phone#: 75 L-,P, PROJECT: RECEIVED Name: <�l/td' NOV 1 5 an Address: Phone#: CftUWN DM~ TYPE OF APPLICATION: (please check all that apply): Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD(&PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ /GMQS Allotment ❑ Final SPA(& SPA Amendment) ❑ Historic Demolition 1 v] GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Ha ye you attached the following? FEES DUE: $_ o Ae-Application Conference Summary ttachment#1, Signed Fee Agreement Response to Attachment#3,Dimensional Requirements Form v[f Response to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards • EXHIBIT CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Cityl of Aspen Develop ment Application Fees CITY OF ASPEN(hereinafter CITE') (hereinafter APPLICANT)AGREE AS FOLLOWS: RECEIVED 1. APPLICANT has su mitted to ITY ap icat' n for c.Ss '� y1 -/� U V 15 2011 (hereinafter,THE PROJECT). CITY OF ASPEN 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (S OneWo MOPWW 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this tirne 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore,APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a r�,nination of applicatio completeness, APPLICANT shall pay an initial deposit in the amount of /�' which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit; APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the bitting date, APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPL,I✓CANT l !/` 1 �,` By: By,: L:L! Chris Bendon Community Development Director Date: Billing Address and Telephone Number: Reguired 1 cS g:lsupportlformslagrpayas.doc 11/30/44 EXHIBIT Easy Peet®Labels i ® 910M Bend along line to 1 a Use Avery®Template 51600 Feed Paper expose Pop-up Edge"" 311 ASPEN LLC AARON ROGER S&VIRGINIA A ALLEN RONALD W REV TRUST 2317 PENNSYLVANIA AVE 45 BIRCHALL DR 50 SW 137TH AV WILMINGTON,DE 19806 SCARSDALE,NY 10583-0000 BEAVERTON,OR 97006 ANDERTON JAMES L ASPEN LEGACY LLC ASPEN PC(J 010 HOLDINGS LLC 100 OBERMEYER PL#4101 17740 E HINSDALE AVE PO BOX 11600 ASPEN,CO 81611 FOXFIELD,CO 80016 ASPEN,CO 81612 ASPEN RIO LLC ASPEN RIVER PARK LLC ATWOODSTANFORD H JR&PAMELA S 520 S MAIN ST#178 8200 DOUGLAS AVE#300 LIVING TRUST GROVE,OK 74344 DALLAS,TX 75225 16125 GREENWOOD LN MONTE SERENO,CA 95030 BALLINGER ELIZABETH F BECKWITH DAVID E QPRT BECKWITH NATALIE B QPRT PO BOX 10205 1800 N PROSPECT AVE APT 16E C/O FOLEY&LARDNER ASPEN,CO 81612 MILWAUKEE,WI 532023073 777 E WISCONSIN AVE MILWAUKEE,WI 53202 BENNETT ROBERT R&DEBORAH J BERG KRISTOFOR BERLIN JAMES TRUST 10900 HILLTOP RD 102 FOUNDERS PL#202 1795 BROOKWOOD DR PARKER,CO 80134 ASPEN,CO 81611 AKRON,OH 44313-5070 BIG BOY LLC BLUE PINTO LLC BOMBA LAURIE A REV TRUST 106 S MILL ST#202 C/O CLARK TREDER 5601 HIGH DR ASPEN,CO 81611 101 N SPRING ST#3205 MISSION HILLS,KS 66208 ASPEN,CO 81611 BORCHERTS HOLDE H TRUSTEE BOSELY MARY ANNE BRANDON BETH 1555 WASHTENAW PO BOX 26 101 N SPRING ST#107 ANN ARBOR,MI 48104 WOODY CREEK,CO 81656 ASPEN,CO 81611 BROUGH STEVE B&DEBORAH A BULKELEY RICHARD C&JULIE J CALCOTT JOHN R 599 TROUT LK DR PO BOX 450 7800 LOMAS BLVD NE SANGER,CA 93657 RED OAK, IA 51566 ALBUQUERQUE, NM 87110 CALDWELL CHARLES&DEBRA CALHOON THOMAS C CARVER JOHN&MARCIA L 514 E BRYAN ST 1400 SCENIC DR#3 OFFICE INC PO BOX 581 SAVANAH,GA 31401 AUSTIN,TX 78703 4439 DEVILS GLEN RD BETTENDORF, IA 527220010 CITY OF ASPEN CLANCY J ANTHONY&DEBORAH COHEN NANCY C REV TRUST 85%INT ATTN FINANCE DEPT 3605 TUXEDO CT 2026 N MOHAWK 130 S GALENA ST ATLANTA,GA 30305 CHICAGO, IL 60614 ASPEN,CO 81611 Easy Peel®Labels ♦ Bend AVERY@ 5160®along line to i ' Use AveryO Template 51600 A Feed Paper expose Pop-up p Edger"' CONCEPT 600 LLC COPPOCK RICHARD P CROUSEN GUINN D TRUST PO BOX 2914 PO BOX 44 4435 BUENA VISTA ST BASALT,CO 81621 DEXTER, MI 48130 DALLAS,TX 752054118 CRUMMER KLEIN TITLE TRUST 2008 DIXIE DOG VENTURES LLC DML REALTY LLC 1305 N BEVERLY DR 1690 HOMESTAKE DR PO BOX 305 BEVERLY HILLS,CA 90210 ASPEN,CO 81611 CHAVIES, KY 41727 DONAHUE ELIZABETH DORAN RALPH EISENSTAT ALBERT&CONSTANCE 102 FOUNDERS PLACE #2302 2600 WOODWARD WAY 358 WALSH RD ASPEN,CO 81611 ATLANTA,GA 30305 ATHERTON,CA 94027 ELDEN RICHARD&GAIL M EMPHASYS SERVICE COMPANY FELDMAN JONATHAN 2430 LAKEVIEW AVE-#115 1925 BRICKELL AVE BLDG D 101 N SPRING ST#104 CHICAGO, IL 60614 PENTHOUSE 11 D ASPEN,CO 81611 MIAMI, FL 33129 FICKE FAMILY REV TRUST FORTIER TIMOTHY FULLERTON RICHARD B 15 W ARRELLAGA ST#3 601 RIO GRANDE PL#102 35 SYCAMORE AVE SANTA BARBARA, CA 93101 ASPEN,CO 81611 MILL VLY, CA 94941 G&G CORPORATE OFFICES LLC GAGNON BEN GALANTER YALE&ELYSE 2520 S GRAND AV#114 PO BOX 4381 525 S ANDREWS AVE GLENWOOD SPGS,CO 81601 ASPEN,CO 81612 FT LAUDERDALE, FL 33301 GERSHMAN JOEL&ELAINE GILKERSON LINDA REV TRUST 50% GLATHAR KIMBERLY J 120 N SPRING ST 1449E 56TH ST PO BOX 12197 ASPEN, CO 81611 CHICAGO, IL 60637 ASPEN,CO 81612 GOLDFEIN MICHAEL 85% GRAHAM NARELDA GREENBERG DEAN GOLDFEIN PAMELA J 15% 101 N SPRING ST#203 PO BOX 129 1724 BRAESIDE LN ASPEN,CO 81611 NEWPORT, MN 55055 NORTHBROOK, IL 60062 GRW RIO GRANDE PROPERTY LLC GWM PROPERTIES LLC HAAG MATTHEW R PO BOX 4491 PO BOX 4146 PO BOX 4446 ASPEN,CO 81612 ASPEN,CO 81612 ASPEN,CO 81612 HAUSER MARY JANE HEYS MARIE L TRUSTEE HICKS GILBERT W&PATSY K 1540 BOHNS POINT RD 2495 ADARE 3674 WOODLAWN TERRACE PL WAYZATA,MN 55391 ANN ARBOR, MI 48104 HONOLULU,HI 96822 Etiquettes faciles a peler ; 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TF.F tir3DI .C' EXHIBIT a g9 RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Aspen Planning and Zoning January 3, 1973 The Aspen Planning and Zoning Commission held a regular meeting on January 3, 1978, at 5:00 I'll, in the City Council Chambers. Members present were Chic Collins, Tom Isaac, John Schuhmacher, Donald Ensign and Joan Klar. Also present were Karen Smith and Bill Kane of the Planning Office. Approval of Minutes The minutes were postponed to the next meeting. C. PI. Clark Isaac moved to table action on this item, Ensign seconded. All in Subdivision Exemption favor, motion approved. FHaaring tree, Public Kane explained that there are four alternatives to the trail easement on Amendment question. The first is no trail at all. The Planning Office does eliminary Plat not support this idea as there is a need for this trail. Present rail Alignment access is down Neil Street which is inadequate to handle pedestrians. The second alternative is the "adopted trails plan" which places the trail down an existing old driveway, west on Bay Street and down across Spring Street. The residents felt this was the least acceptable alter- native. The bridge crossing at Spring Street would be the most expen- sive one to construct as there is a substantial grade difference be- tween the two sides of the river at this location. The Planning Office does not support this alternative for these reasons. The third alter- native is the "Eastern Alternative" which places the trail to the east of the Andre Ulrych property. This alternative places the trail very close to the tilrych dwelling and the grade is steep enough to make construction very complicated. The Planning Office does not support this alternative. The fourth alternative is to place the trail down the driveway, swinging west along the property line and crossing the river where it is narrow and the banks are evenly graded. The Planning Office, City Council and the property owner all support this alterna- tive. Kane noted a comment from a resident that traffic may come through Oklahoma Flats down Bay Street and on to this trail. Kane suggested a gate to be operated by the property owners which would keep people from doing this. Kane noted that any decision will go back to Council for final plat amendment. Isaac asked when they propose to build the trail. Kane said next spring. Klar asked if the fourth alternative was on the property line. Kane said yes. Ensign asked the existing condition of the property. Kane said there is the existing driveway, low vegetation and small Aspen trees, and part of the trail follows what may be an old road bed. Klar asked about the grade of the land. Kane said most parts are flat but part of it was somewhat steep, perhaps 10% grade. Ensign asked if the trail on alternative two could be straightened out as it takes a very sharp turn along the property line. Kane said this would infringe on the lot. The property owners prefer to keep it at the boundary line. Klar asked the distance of the steep part of the trail. Kane estimated between 150-200 feet. Klar asked if there was a significant cost difference between all the alternative. Kane noted the more expensive possibilities. Collins opened the public hearing. Frank Donofrio Donofrio is a resident of Oklahoma Flats. He read a letter from Richard Volt that strongly opposed the trail. He also read a letter from Remo Lavagnino which strongly opposed the trail. Betty Coates She is also a resident of Oklahoma Flats. She read two letters:'from Howard Hansen opposing any trail through Oklahoma Flats. Speaking for herself, she also strongly objects to any trail. She asked why they must have four bridges in such a small area. She also asked how the City plans to maintain this trail as many other City trails are not maintained presently. Regular- Meeting Aspen P-lanning and Zoning January 3, 1978 Julie Hane Hane is a resident and owner in Oklahoma Flats. She said she is basically in favor of trails but has thought about this one at length as it will be placed very close to her house. She asked how they propose to keep motorcycles off this trail. She also noted that many of the City trails are not plowed in the winter. She noted that she would use this trail but that it is not direct access to the city as it comes out near Mill Street. She questioned the validity of this. Nick Coates Coates presented a map of the area in question. He outlined the trail and noted that it seemed way out of the way for a direct access to the city. He suggested a pedestrian bridge on Neil Street. He noted that people would tend to use the trail when the weather was bad and people did not want to drive. If the trails were not plowed, that defeats the whole purpose. If a bridge were built across the river next to Spring Street, the bridge could slant without either side being built up. The cost would not be monumental. He noted that the eastern trail was the most desireable to the people of Oklahoma Flats if there must be a trail. He said there is a group of ducks that live in the area where the proposed bridge may go through. This bridge may drive the ducks away. He felt that the gate idea was invalid. Julie Hane Hane again noted that the existing trails built by the City have not been maintained. George Mansfield Mansfield noted the closing of Hallam and other city streets to im- prove the quality of the neighborhood. He feels the trail will do the opposite. He feels that Silverking and the Smuggler Trailer Court were a big mistake and they are increasing their destruction of the area. He suggested that Neil Street be made one-way. Any trail must be maintained or they are unuseable. Isaac noted that he uses Neil Street every day as a pedestrian and has had no problem. He does not feel a new trail through Oklahoma Flats would be a time saver. Ensign understands the arguements against having a bridge but cannot understand why they want to construct a trail that goes so far out of the way on land that is so steep, Kane said walkways should be immediate and convenient. The distance between the Holy Cross bridge and the proposed bridge is substantial. He feels that the Smuggler residents will use this trail. Joe Edwards Edwards noted that this trail has been proposed since 1973. There is a need for it as it is a critical crossing. He noted that almost all trails that have been proposed have met with such opposition and have turned out quite well. He proposed a split rail fence to keep people on the trail. Klar asked about the possibility of having the public buses travel to these locations. Frank Donofrio Donofrio said that this could not be related to other trails that were proposed as this would be a major link between two areas of large density. He also asked that the city back their ideas with action as far as maintainance of the trails. Julie Hane Hane asked what they propose to do about motorcycles that might try to use these trails. Joe Edwards Edwards said they would place a large log at both ends of the trail which bicycles could be lifted over but motorcycles could not. George Mansfield Mansfield noted that there has been alot of wildlife returning to this area and such a trail would destroy this wildlife habitat. He also noted that people in the Smuggler Trailer Court are transients, in his opinion, and would be gone at the end of the season, but the trail would still be there. RECORD OF PROCEEDINGS 100 Leaves v t!.-E..'L!.k lC0. Regular Meeting Aspen Planning and Zoning January , Bill Dunaway Dunaway defended the Smuggler residents by saying these people do have roots and are hard working full time employees. Many have been here just as long as Oklahoma Flats residents. George Mansfield He noted the high crime rate in the Smuggler and Silverking complexes. Isaac said he was against the trail because he felt no one would use it. He noted that many people use Neil Street and would continue to use it. He feels it is faster to use Neil. Schuhmacher noted that the eastern alternative would have the least impact on the Oklahoma Flats residents. Klar said it would also have the least impact to the solution of the problem. She did not feel that Neil is that bad. Collins noted that Oklahoma Flats is a very important part of Aspen and many concerned residents live there. The environment there is also very special. He also can see the need for a trail here. The eastern alternative is very close to Neil Street but Neil Street is not suitable for pedestrian traffic at this time. He feels that the eastern alternative is the best. He also feels that the cost should not be a consideration unless it is substantial. Ensign asked Edwards if the trail led into Bay Street if there is an easement required there. Edwards said he did not think so but this would have more of an impact on the residents of Oklahoma Flats. He favors the eastern alternative. Collins said he favors this alterna- tive, also. Bayard Hovdesven Hovdesven noted that the original bridge was 50 feet in the air so there was never an easement there. He also noted that the eastern alternative would place the trail very close to the house and would severly impact this dwelling. Andre Ulrych Ulrych, principal owner of said property, claimed that the proposed trail runs through 10 feet of the living room. Bayard Hovdesven Hovdesven noted that the original plan never had the trail coming down the eastern side of the house. Betty Coates Coates asked what areas, besides Silverking and Smuggler, this trail would facilitate. Kane said that this hooks up to the Hunter Creek Trail, Mill Street, etc. Coates said that this network of trails includes use of streets to connect the trails. Nick Coates Coates noted that the Oklahoma Flats residents are not against trails. The concern of the residents on this trail is the placement. He suggested another site inspection. Collins said there have been many new questions raised at this meeting. He wondered if it was feasible, the cost involved, the trees involved, etc. Kane said there were no trees involved. The cost may be expensive. Ensign asked about the easement problem. Kane gave the figures he had. Ensign asked the people of Oklahoma Flats if they wanted a convenient way across the river to town. George Mansfield Mansfield said it was convenience that has cost America more than pro- gress. They can cross the river at other points. Andre Ulrych Ulrych said he had a problem with the proposed gates. People should Regular Meeting Aspen Planning and Zoning January 3, 1978 be able to use public streets and trails without fences, gates, etc. Collins closed the public hearing. Ensign moved to approve changing the preliminary plat to accommodate the "proposed trail"(the western alternative) and the construction of the trial be contingent on working out the details to the approval of the people of the neighborhood, Klar seconded. Roll call vote: Collins, nay; Schuhmacher, nay; Isaac, nay; Ensign, aye; Klar, aye, motion defeated. Isaac moved to not recommend a trail easement through Oklahoma Flats at this time, Schuhmacher seconded. Roll call vote: Collins, nay; Schuhmacher, aye; Isaac, aye; Ensign, nay; Klar, nay, motion defeated. Isaac moved to table action on the Creektree Subdivision Plat Amend- ment for trail easement, Schuhmacher seconded. All in favor except Ensign, motion approved. Collins requested the Planning Office provide comparison data for the- eastern and western alternative including financial and enviroemerftah impact and a site inspection was planned for January 10, 1978, at 4.00 PM. Creektree Eagles Kane explained the application. The Planning Office recommends ap- Building - proval of this conditional upon detail on parking and landscaping. Conditional Use, Public Hearing Collins opened the public hearing. Nick Coates Coat F§ asked that something be provided to shield the lights of the 4694; that park in a lot facing Oklahoma Flats. Kane supported this. I-r:kEtl.S�n H�Kk2laon Collins read a letter from Dorothy tiic+mleee. M#e4olaoa had a problem with the liquor license and the parking situation. Collins noted that the parking will be taken care of. Klar moved to grant conditional use for the Eagles Building contingent upon the bank being tall- enough to ward off the headlights and ade- quately landscaped to blend into the natural environment, inclusion of the two islands at t e entrance, and appropriate landscape, Isaac seconded. All in favor, motion approved. The FAR Alternatives discussion was postponed to another meeting. Isaac moved to adjourn the meeting, Ensign seconded. All in favor, motion approved. Meeting adjourned at 7:15 FM. Sheryl Si n, Deputy City Clerk V NOW EXHIBIT IMPROVEMENT SURVEY FRATERNAL ORDER OF THE EAGLES, AERIE #184 LOT 3, CREEKTREE SUBDIVISION, VICINITY MAP � CITY OF ASPEN, ?� PITKIN COUNTY, COLORADO. SITE O CUR TREE TABLE \ , 6cawl....6.s-1rrJm 9� 2 S A.P."e Armr s Prnm 4 . 0 AOr AN—rinm I LEGEND 6 A.p.nrs RAwBT o I • PoLND REBARacw a AAP.trnm =� E4�,BT �� v A.P.Arnm 0�0 ® WATER VALVE D A.pmrllar � Q TRAVERSE PONT E6TN. 1 Al.e Wlln \1 � A TMVTiRBEPON a A.pnanm � � � Do PARK WOOD PENCE UE 11 �Ir M �� o O,UIN B4.ET COTTONWOOD TREES WTri3 PREA (CRY OF ASPEN) 12 CA TV PEDESTAL 1s A. rI �'AtINA \WERE NOT LOCATED BY THIS SURVEY BELOW 20% 16 rn939 O TRU+aFOR]�R to Aw+rro fNrAeM�� ���tl �` BENCH _ 6EWER IMNIOIE iB A.pwi tPltm ROOKWIII. 2 r 1 88P—rr 67EFRESB LLIT P- 2] 8 r9r SrR \ \\•\\\ �\��! __`'` \`_\_` (ASPENIPR p— KIN OIS SITE) 2a sp—rm Z7 sPlta.rm ID Aw.n tali. / /\\\ \\ \\—tom_--•__=_7415— /AW = =��Ta� LEGAL DESCRIPTION ASPHALT `+�._\=`_ \� \ �\\ ,� \\ I ENCRAOCMENT \ \\ \ HOT B.CREEKTREE SUBDIVISION,ACCORDING TO THE PLAT THEREOF RECORDED /1 \ \ FEBR"Y 14.1878 N PLAT BOOI(.AT PAGED AND THE PRST AAEHDEDPLAT I AGREEMENT �� � \� \ \ \\ V \ \ BOOK 801, Sly �kb. �1_'� \\\\`�\\\\ \ \ \ CITY EEKTREES U8DN610N.1ECORDED JIME t1,1885NMTB001<S7AT PAGE �^� \/ CITY OF/SEEN,PIMNCOIINTY.COl/JRADO. PAGE 898 /W - S'v'TA 1 e 89 L 0.522 AC RE,, \ \ASPHALT PARKING AREA (OBERMEYER PLACE) \ ASPHALT BELOW 2104 • \ 9219 -LE ScmR JRE CUR /— C PETE R$ ` Tm/ 2 1] pp i r c�,cRETE wALL i0 T�"" ALL Q 14 CD S B7.2B'48W1 697.45 CUR STQ 1 B T&A Te90.,T ,,�\ 7 Wirye S�MF'140N. COPMER OF 907 H2B LCRNER OF THE COURRIIIIBE 7Bm.eo wwzB 220'TO MAIN ST T STaaq E 2800 `" LOT 4 _ 23 N °y PARKING NOTES Bas/8� oa / Q eELDw2o< AREA BELOW 2D% 846160E BTARNIiEBETWEEN fbUD REBARS MDCMSL.6.1]188 AT THE BE ATID T],THIE BEARlD BN TSV811'W N 7 THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY AUP E SLRVEYS OR JANE6 F.REBER TO BETw.! M t._ S d OR EASURNTS OF RECORD.ALL NPORIMTKIN SHOWN HERRON REGARDING EASEMENTS AND OTHER ENCLRERiANCES A�tet = RECORD WAb OBTANEp FRpe.AND eUBECT TO A cdIRiPENTFOR TITLE NbURANCE PRU�O®BYPNIRICQMY W E TITLE INC.CASE NO MT21046L2.DATED ALOUST 26,MEATSWAJA Nj AY LOT4 SLANTED NFORMATICN18 FROM THE CREEKTREE SUDIAM ION FLAT.PITKN COURY,COLCRADO,BOOIC EPAXW S CLosuEISLESSTHWU+Oa60. 11'yl. 748.88' . , / IMPROVEMENT ESUBDNI810N THERE ARE NO KNOWN NATURAL W.ARD6 THAT EKI6TS ON THE SITE..STEEP SLOPES HAVE BEEN IDENTIFIED. Zo TcoNCRETE WALL ASPEN,PITKIN COUNTY,COLORADO. TIERMPROPERTYDESCR�DHERECN DOES NOT LE WITI•ITHE LIMITS OFAM YEARPLOMMAZARD 10 BY ALPINE SURVEYS O S' 1C 1B ID BOUNDARY.PANEL 2MFROMTHE 1987MMAFLOODNSURANCE RATE W1P60ep47COm4C SCALE: 111=10I THISSL"Y LEETS THE LATEST MNBIUM STANDARD DETAl REMIREMENTS FOR ALTAw 10LNCTTILESUfM1EY JAMES F.RESER L.S.9184 CONTOUR INTERVAL=1' (RIVER PARK IN ASPEN) ]+ee 218 S.MONARCH,ASPEN,CO.81812 070.925.2888 VERTICALCdRROI B A VERITC/V,1808 TA&ET AT 7NE BW CORNER OF THE COURTHOUSE ELEVA7DN TB66ep NGVD 2B DATE:1T-nee SCALE:r=to .IOe No.:Beat EXHIBIT ------------- -------r------ ----------------0---------------n---------------- �d I I MECH S+FT NOT COUNTED THIS LEVEL DECK ABOVE EXIST RETAINING WALL HEAD HT I= LESS UWANSkWT 4'-0" I 89-0" I I I I DN i I i 1 I 1 R 1 ` io `mom STORAGE U a E A I L J ? El (D W a� nn nnnn non O m n nnnnnnnn n non ocn n n n n n n n n n n n YZ p n nnn nn nn — nnn non nn n n o o n W o n nn p DRY n n nn nnnnnn n z 0 nnn nnn nnn n n n n n o n n o n nnn on non nnn nn nnnon n � O 16'_0. 8" 30,_0" 8" 16'-0" 634" 14'-8" t j SUB GRADE CALCULATIONS SUMMARY TOTAL LINEAL WALL 241.66 (t. FLOOR AREA 2,046.00 sq.fl. WALL HEIGHT x 9.1875 ft. MECHANICAL 401.00 sq.ft. TOTAL WALL AREA = 2,220.25 sq.ft. STAIRS 164.00 sq.ft. EXPOSED SUB GRD WALL X 319.00 sq.ft. STAIRS 164.00 sq.ft. PERCENT OF WALL EXPOSER = 14.40% TOTAL 2,775.00 sq.ft. GROSS AREA OF LWR. LVL. = 2,775.00 sq.ft. PERCENT OF WALL EXPOSER x 14.40% TOTAL CALCULATED FLR'AREA = 399.50 sq.ft. TOTAL CALCULATED 399.50 sq.ft. DATE: 10-19-11 PROJECT NORTH LOWER LEVEL FLOOR AREA PLANT A 1 .0 118"=1'-0" — L.D.A.Inc. P.O.BOX 1051 Basalt,CO 81621 970-927-3333 ------------- ------- ------- ---------------n---------------n---------------- Fax-927-2222 I I I I DECK ABOVE EXIST RETAINING WALL I I I MECH SHAFT I I I I I I i I I DN I I I I I I I MM W STOP.A13E WALK-IN COOLER p I U t o MECHANICAL J O ce � U Wc a� Q Wo D N m i ];,IRS UP O �' Q W UP O H. W LL SUMMARY LEASABLE AREA 1,889.00 sq.ft. MECHANICAL STAIRS STAIRS TOTAL 1,881.00 sq.ft. DATE: 10-19-11 PROJECT NORTH LOWER LEVEL NET LEASABLE AREA PLAN A 1 .0.1 51�T RETAINING WALL L.D.A.Inc. P.O.BOX 1051 Basalt,CO 81621 970-927-3333 Fax-927-2222 — --C OUNTI THIS LEVEL 8 p I D T= EATER THAN 4 FT O I 6.5 0 - 1 3'- II RAR I ' 1 I R F rn W I SOCIAL R . 1 1 � (n 1 > O 1 > > (7 U 4 W c 1 I N I t� y I 1 i I I > W Q� I 0 (� _L) tilt ° m 1g�o ° ° ° ° ° ° ° MEN'S WOMEN'S ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ° ♦ ° ° ° ° ° ° Cu IL ° ° 000 ° ° ° ° ° ° Lu 64'-4" TOTAL BUILDING SUMMARY ENTRY FLOOR AREA 2,302.00 sq.ft. STAIRS 153.00 sq.ft. STAIRS 153.00 sq.ft. DECK 0 sq.ft. TOTAL ENTRY LEVEL 2,608.00 sq.ft. TOTAL UPPER LEVEL 1,994.00 sq.ft. TOTAL LOWER LEVEL 399.50 sq.ft. TOTAL BUILDING 5,001.50 sq.ft. DATE: 10-19-11 PROJECT NORTH ENTRY LEVEL FLOOR AREA PLAN l I A1 .1 1/8"=V-0" L.D.A.Inc. P.O.BOX 1051 Basalt,CO 61621 970.927-3333 Fax-927-2222 68'-4" Y if STORAGE j U t o ROOF BELOW C/) a FFICE W � � � d � U Q � W o T. Q ALCOVE U ILI 00000 00 000000` p,q�00000 0o O N 28 f� 0000 0 0000000 �p`� 000 0000 m 0 0 0E7 000000 oSTAIR& s o 0 00000000 4- 000 00000000000000 000 000 000 J co o 0 0 0 000 000 _ 000 00000000 Q W 0 o OPEN o 0 00 00000000 Z O 000 000 �poSTAIR& r 000 000 00 00000000 O �- u 17'4" 25'-0" 17'-2" SUMMARY FLOOR AREA 1,713.00 sq.ft. STAIRS 128.00 sq.ft. STAIRS 153.00 sq.ft. BALCONY 0 sq.ft. TOTAL 1,994.00 sq.ft. DATE: 10-19-11 PROJECT NORTH UPPER LEVEL FLOOR AREA PLAN A 1 .2 1/8"=1'-0' L.D.A.Inc. P.O.BOX 1051 Basalt,CO 81821 970-927-3333 Fax-927-2222 I -—- - - - - - —- - - LINE OF ROOF W I U I LINE OF UPPER LEVEL IC/) I W - - - - - — —� � I J Q) \ \ \ \ \\k O U j W � DECK RAILING EXR LINE OF ENTRY LEVEL � LINE OF BOT.OF L. FLOOR STRUCTURE W EFFffl 1 nn—LL nE—Z, nn-nonnonnn nonnoonoon onoonoono 2 nonnoonoon '< O m nnnn nn nn nnnn n ,� nnnnnn I ,�,, nnnnn nnnnn nnn nnnn n n nnnn nnn nnnn nnnnn nnnnnnn =_ nnnn n n n n n 'A nnnnn n n nnnn nnnn nnnn n J ——� — n n nnnn nnn nnnn nnnnn W -- -------- nnnn nnnn nn nnnnn nnnnn nn nnnn nn --+----------- nnnnn nnn n n nnn o I N O --+------------ nnnnnnnnn nnnnnnnnn nnnnnnnnn nn to 0 -- ------------- LINE OF LOWER _-1 ------------ — --- nnnn n n n n n n n -------- GRADE r--- L----------------------------------------------------------------------------------------------------------------- u. NORTH ELEVATION 118"=V-0" DATE: 10-19-11 A 2.1 L.D.A.Inc. P.O.BOX 1051 Basak,CO 81621 970-927-3333 Fax-927-2222 LINE-OF �LINE OF ROOF U LINE OF UPPER LEVEL Q LINE OF UPPER LEVEL uj J o W C EXIT LINE OF ENTRY LEVEL D CK RAKING ENTRY LINE OF ENTRY LEVEL O lull Lj III W Q Q) GRADE I O dW..r GRADE I I I J Q co I IL- I Q W I I I Z LINE OF LOWER LEVEL ' I I LINE OF LOWER LEVELI LIU L ------ -----------------------� L---L-- ------------ EAST ELEVATION WEST ELEVATION DATE: 10-19-11 A 2.2 L.D.A.Inc. P.O.BOX 1051 Basalt,CO 81621 970-927-3333 Fax-927-2222 - - \ \ \ \ \-\ \ - — LWEOFROOF J OPEN STAIR WELL OPEN BALCONY 1 0 LINE OF UPPER LEVEL a J o � U Q � W m �.. a. LINE OF ENTRY LEVEL co GRADE I GRADE I I i O m Q W I I Z o LINE OF LOWER LEVEL =_======- --- -==_=_---- - --_=_---1,-== L-------------- ----------------------- -----------� ll. SOUTH ELEVATION 118'=V-0• DATE: 10-19-11 A 2.3 r Sunny Vann EXHIBIT From: � !/ Amy Guthrie <Amy.Guthrie @ci.aspen.co.us> Sent: Friday,July 22, 201112:19 PM To: vannassociates @comcast.net Subject: Eagles Here are some Eagles Club answers... Planning will support the concept that a commercial kitchen is within the types of activities that could be anticipated at a fraternal lodge, and P&Z can approve the Eagles Club renting out their kitchen through a Conditional Use amendment. Planning also finds the Eagles Club is eligible to be considered an Essential Public Facility, which gives Council the ability to consider a waiver of affordable housing mitigation. John Worcester has ok'd the Eagles land use application for amendment to Conditional Use and Essential Public facility without requiring authorization from the rest of the PUD. He thinks that the amendment has no bearing on the underlying purpose of the PUD. Let me know if you need anything else. Amy Guthrie City of Aspen Historic Preservation Officer 130 S. Galena Street Aspen, CO 81611 (p) 970-429-2758 (0 970-920-5439 wU✓w.aspen Ditkin com 1 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: November 21 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0072.201 LASLU — Fraternal Order of Eagles — Conditional Use Amendment. The planner assigned to this case is Jessica Garrow. ❑ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You fifer an, Deputy Director City of Aspen, Community Development Department For Office Use Only• Mineral Rights Notice Required Qualifying Applications: Yes No �C PUD m COWOP ?<— Subdivision (creating ore than 1 additional lot) GMQS Allotments Residential Yes No - Affordable Housing_______—_ Commercial____ E.P.F. .2-0 f SL LI E0 Ede Record h00 4m Reams - Forrut Tab Nei RouNg%U lFeel jFaimmy Mam jAttadmmts Routngffstory ,yaluaDm Ar ' dJErg GetomFtdds Su6Perrmitts ;Parcek j � NR Aspen Land Use tats 0072.2011.ASLU Mm 700 EBLEE(ERST I Qy ASPEN Stye 00 gp 81611 Ell Meter Parmt9�amafat w*E== Roebg9m sVJ07 ApPkd 11115f2011 APPrOti'ed� t Desa ption JOR APPLICATION FOR AMENDMENT TO A CONDITIONAL USE REVIEW.GMQS T AS ESSENTIAL PUBLIC FACILITY.FRATERNAL ORDER OF THEE AGLES. 5 NNY VANN 9256958 �� u g Days Evm 1912012 Sbrstted via Owner Lastnamm ATERNALORDEROFEA First nn FM EBLEEI(ERST Phone 970)925-9912 SPEW C081611 Adbress E Owner a aFgfcard7 Q ConhddW ce apd cant? I last name VANN&ASSOCIATES First { 30 E HOPKINS AVE Phone 970)925.6958 Oust t 25499 ASPEN Co 81611 Address Lender Last name�� Fest name Phone(j Address r, 1 I AspenGa�(serval angdas�1 d i Y10 - 00 f� 20 t Y e r CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00030729 Account Number: 25499 Date: 11/15/2011 Applicant: VANN &ASSOCIATES Type: check #2459 Permit Number Fee Description Amount 0072.2011.ASLU Planning Hourly Fees 4,410.00 Total: $4,410.00 �-��- t V- � ,r