HomeMy WebLinkAboutcoa.lu.pu.Aspen Community arts and rec.ACARC.A1193
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CASELOAD SUMMARY SHEET
city of Aspen
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DATE RECEIVED: 03~01/93 PARCEL ID AND CASE NO.
DATE COMPLETE: ~/ (~I/--:::h: 2735-124-20-001 All-93
A<::.-a. (l(.,L """7 STAFF MEMBER: KJ
PROJECT NAME: . Aspen Arts and Recreation Center (Red BrickSchooll
Rezonino. '!l<f..;4'I_ Text Amendment. -a-~P~ GI<<Q,$ €>(a......r.>1-t'Zlll -R,r e5~1\\"- (
Project Address: 110 E. Hallam . I. . .f'",lot,,-
Legal Address: . '. ~<>ed(f1l1.$
APPLICANT: city of Aspen
Applicant Address: 130 S. Galena. Aspen. CO
REPRESENTATIVE: Davis Horn. Inc.
Representative Address/Phone: 300 E. Hvman. suite B
Aspen. CO 81611 5-6587
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FEES:
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PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$2669.00
$ 93.00
$
$
$2762.00
# APPS RECEIVED
# PLATS RECEIVED
6
6
Z Meeting Date
APPROVAL: 1 STEP: 2 STEP:~
PUBLIC HEARING:~ NO
VESTED RIGHTS: ~~ NO
TYPE
ekek f'fZ~ t'lotlC.G -
DRC Meet:mg Date
HEARING: (iiS)
RIGHTS: YES
NO
NO
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REFERRALS:
~ city Attorney Parks Dept. School District
~ city Engineer Bldg Inspector Rocky Mtn NatGas
~ Housing Dir. Fire Marshal CDOT
~ Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: :Ii INITIALS: ((1 DUE:
=============================================F.===============~~F
FINAL ROUTING: DATE ROUTED: 11-17 b INITIAL: ~
city Atty ~ city Engineer ___Zoning ___Env. Health
~ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
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FROM:
Mayor and city council
Amy Margerum, city Manager
Diane Moore, City Planning Directo~
Kim Johnson, Planner
-
TO:
THRU:
THRU:
DATE:
May 10, 1993
RE:
Aspen Arts and Recreation Center (f.k.a. Red Brick
School) Rezoning from R-6 Medium Density Residential to
Public (PUB), Final (Consolidated) PUD Development Plan,
and GMQSExelnption for Essential Public Facilities -
Second Reading of Ordinance 22, Series 1993
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SUMMARY: The Planning Commission recommends approval of rezoning
the former school site fro:mR-6 to I>u!.?lic (PUB). This request is
being made to allow the rehabilitation . of the building into a
public arts and recreation facility. Any development in a Public
zone requires PUD (Planned Unit Development) review to establish
the site plan I dimensional requirements. The Planning staff and.
commission support a consolidated (two-step) pUD Plan adoption for
this project. In addition, the commission recommends approval of
GMQS Exemption of this proposal as an Essential Public Facility.
The rezoning, PUD Plan and GMQS Exemption package is accompanied
by a code amendment for the Public (PUB) :(lone which is being
considered under a separate Council memo and ordinance.
PREVIOUS COUNCIL ACTION: First reading was approved by Council on
April 26, 1993 by a 5-0 vote. At first reading, Mayor Bennett
offered for discussion the possibility that a new type of public
zone district cou~d be formulated specifically for arts and
recreation type lises. Staff stated that this action would add yet
another zone to the City'S lengthy list of zone districts and would
be very limited in its use. Council agreed with staff that this
suggestion would not be a desirable alternative to the proposed
amendment for the existing Public zone. .
On February 22, 1993, city Council reviewed the program package
and building plan recommendations from the citizens' advisory group
which was appointed in late 1992. Council decided to send out
architectural Requests.for Proposals for all three building options
presented by the advisory group.
BACKGROUND: The City wishes to lease office and studio space to
arts and cultural related non-profit groups and operate
recreational activities in the eastern portion of the former school
building including the gymnasium. In 5% of the structure, studio
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space may be rented to "for-profit" working artists, either as
individual or shared studio space. This arts/recreation concept
requires an amendment the Official Zone District map from R-6 to
Public (PUB) and to add "arts, cultural and recreational
activities, buildings and uses" to the Public zone permitted use
list. As required by the Public zone, the Applicant must receive
approval of a site plan pursuant to the Planned unit Development
(PUD) review process. The Applicant requests, and the Planning
Director has agreed, to process this application as a two-step
review (P&Z and Council), finding that a full four step review
would be redundant and would serve no public benefit. Special
Review for parking is required for uses in a Public zone. The
Commission approved the parking plan at its April 13, 1993 meeting.
Also being requested is GMQS Exemption as an essential public
facility for the building's revised use. '
Please refer to the attached application package from Davis Horn,
Inc., Exhibit "A".
STAFF DISCUSSION: The current zoning of the parcel is R-6 Medium
Density Residential. Concurrently requested via a separate memo
and ordinance is a text amendment t() . adg.. "A.J:"ts, cultural and
recreational activities, buildings and uses" to the Public zone
district.
Referral Comments: complete memos are attached as Exhibit "B".
Summaries are follows:
City Engineer Chuck Roth stated that the proposed rezoning and
arts/recreational use will have improved impacts on traffic
generation and road safety. The proposed parking should exceed
minimum requirements for similar office uses.
Housing Office Director Tom Baker commented that the employee
generation for the proposed uses will not exceed the employment
figures for the previous school use.
Rezoning From R-6 Medium Density Residential to Public (PUB): The
Planning Office and the Planning and Zoning commission believe that
rezoning the former school site is the best mechanism to allow the
proposed arts/recreation uses. The Aspen Area Community Plan
specifically recommended rezoning the parcel to Public. The other
option would be to amend the R-6 zone with an SPA overlay on the
parcel and approve a use variation.
Neiqhborhood Input: The Planning commission was presented with
four letters from three neighbors who oppose the rezoning to
Public. Please refer to Exhibit "C". The letters and personal
presentations at the April 13 public hearing voice concern that the
rezoning to Public will allow other uses of the property which are
not compatible with the residential neighborhood, ie. public
transportation stop; terminal building, public parking areas, and
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government offices. An alternative offered by Mr. Segall is to
retain the R-6 zone and create a new conditional use in the zone
district for arts and recreation use. Another concern is that the
former school parcel could be used as a site for affordable
housing.
On April 27, Mr. Bill Light phoned staff to reiterate his objection
to the rezoning which he originally expressed in the letter sent
prior to first reading. His principal concerns are increased
traffic and noise.
In response to the neighbor's concerns about other us.es being
incorporated onto the site, staff wishes to emphasize that the site
plan (approved via PUD dimensional requirement review) cannot
change without appropriate City review. Any other major changes
to the proposed arts/recreation related uses will represent a
change to the application and wi~l require additional community
consideration. Affordable Housing would likely be easier to
accomplish if the site retained its R-6 zoning and was not rezoned
to Public (PUB). Additionally, staff believes that it would be
inappropriate to amend the R-6 zone to include a conditional use
for arts, cultural and recreational activities a~ t~is. type of use
is not consistent with the medium density residential uses of the
R-6 zone district.
section 24-7-1102 of the Municipal Code establishes the review
criteria for a rezoning. These criteria and staff comment are
attached as Exhibit "D'~, In summary, staff and the Planning and
Zoning commission find that the criteria have been met by the
proposal, and recommend approval of the rezoning to Public (PUB).
Final PUD (Planned unit Development) Plan: The proposed rezoning
to Public (PUB) requires that the dimensional requirements of a
development be set by the adoption ofa conceptual development plan
and final development plan pursuant to Article 7, Division 9,
Planned unit Development. Consolidation of Conceptual and Final
reviews is allowed if the Planning Director determines that "the
full four step review would be redundant and not serve any public
purpose" . If, during review, Council believes that a consolidated
two step review is not adequate, the full four step process must
take place. The Planning Commission and staff believe that since
the structure/site plan is not changing as a result of this
application, four step review is excessive and will serve no useful
public purpose.
The proposed dimensional requirements shall be those of the
underlying zone district. Because of the surrounding residential
uses and proposed arts/office/recreational use, the following
dimensional requirements are a combination of those required in
both the R-6 and the Office zone districts. The existing
structure's footprint is used to establish the proposed setbacks:
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a. Minimum distance between buildings - 10'
b. Maximum height (including viewplanes) - 25'
c. Minimum front yard - 10' (except 4' at southeast entry)
d. Minimum rear yard - 15'
e. Minimum side yard - 5'
f. Minimum lot width - 60'
g. Minimum lot area - 6,000 square feet
h. Trash access area - see provided survey
I. External and internal floor area ratio - .75:1
j. Minimum percent open space - no requirement
staff believes that these dimensions are appropriate for this
structure and future development. If other dimensions are needed
to accommodate future growth, additional PUD review is required.
GMQS Exemption for Esselltial Public Facilities: . !,ursuant to
section 8-104 C.l.b. the Council may exempt construction of
essential public facilities. The cOmmiss;on reviewed the project
and recommends approval of GMQS Exemption to Council. section 24-
8-104.C.l.b. reads:
(i) Except for housing, development shall be considered an
essential public facility if it serves an .essential
public purpose, provides facilities in response to the
demands of growth, is not itself a growth generator, is
available for use by the general public, and serves the
needs of the ci ty . It shall also be taken into
consideration whether the development is not-for-profit
venture. .This exemption shall not be applied to
commercial or lodge development.
(E) A development application shall demonstrate that the
impacts of the essential public facility will be
mitigated, included those associated with the generation
of additional employees, the demand for parking, road and
transit services, the need for basic services including
but not limited to water, sewage, drainage, fire and
police protection, and solid waste disposal. It shall
also be demonstrated th~t.the proposed development has
negligible adverse impacts on the city's air, water,
land, and energy resources, and is visually compatible
with the surrounding areas.
(iii) Notwithstanding the criteria as set forth in paragraphs
(i) and (ii) above, the city council may determine upon
application that development associated with a nonprofit
entity qualifies as an essential public facility and may
exempt such development from GMQS and from some or all
such mitigation requirements as it deems appropriate and
warranted.
Response: The Planning Office acknowledges that the structure
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proposed as the Arts and Recreation Center is not new construction,
but is in effect a new use or development on the site. For this
reason, staff believes that GMQS Exemption as an essential public
facility is warranted so that any increased impacts may be
addressed. Official recognition that the structure and its non-
,profit uses qualify as essential to the community will solidify the
Center's important role in the community.
The Center complies with paragraph (i) above in that it will serve
the pUblic in many ways, from active recreation to art support and
education; offers space to recreation and arts users who must
accommodate their increased growth based on community growth; is
not a growth generator itseif (the proposed occupants are currently
scattered elsewhere throughout the city); is available to the
public as any other pUblic facility; and serves the citizens and
guests of Aspen. Aspen's long-standing reputation as an arts and
recreation foclis will be enhanced by the adaptive re-use of this
building.
The groups who will occupy the building must qualify as bona fide
nonprofit entities except for those artists occupying the 5% of the
building set aside for working "fine artists". The City's bond
requirements specify that no less than 95% of the structure may be
occupied by non"'profit users to retain the bond's status. The
artist studio spaces are intended for educational use where
visitors may observe working artists and works in progress.
The Center also meets the requirements of paragraph (ii) regarding
impacts to the vicinity and larger community. Employee generation
will be less for the proposed uses (approximately 21-28) than the
previous school use (25-30). According to the Housing Office's
employee generation guidelines for "utilities / quasi-governmental"
rate, 1.5 to 2.5 persons per 1,000 s.f. are generated. The belief
of the Housing Office is that the non-profit offices proposed for
this building will have limited hours of business and run on
"shoestring" staff, thus employee generation will be less than for
typical office users. According to Rousing Director Tom Baker, the
recreational uses will generate less than one full time equivalent
employee (FTE).
The internal layout of the structure is shown in Attachment 2 of
the application information. The net leasable area of the post-
1941 portion of the school (the eastern half of the building) is
approximately 14,093 s.f. At the quasi-governmental generation of
1. 5 persons per 1,000 s. f., ,the employee generation would be 21
persons. 'If the entire building is renovated, the same number of
users will spread out to occupy more space rather than increase the
number of tenants.
The studio space cannot exceed 5% of the building because of
limitations set by the financial bonding requirements. This
represents approximately 1,000 s.f. based on the 21,800 s.f. post-
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1941 building, or 1,750 s.f. of the entire 35,000 s.f. building.
The studio spaces will probably be 200-300 s.f. each, according to
information from Julia Marshall, who has worked on the lease
agreements for the arts representatives. Parking has been reviewed
by the planning commission and Special Review was approved as being
a neutral impact. utility needs will probably decrease from the
previous school use. No negative environmental impacts will occur,
nor will visual incompatibility.
The City should find that the nonprofit use of this structure as
an arts and recreation center qualifies as essential public
facility per paragraph (iii).
After its 4-3 vote to approve the GMQS Exemption, the Commission
passed a motion recommending that the city act in accordance with
the intentions of housing production plans/quotas and consider
creating housing opportunities to help mitigate housing made
necessary by the change in use of the building from educational to
arts/recreational use. This is due to the deficit created by the
School District when it did not provide liousing for its new
elementary school.
ADVISORY COMMITTEE RECOMMENDATION: The Planning and Zoning
commission recommends approval of the rezoning request by a vote
of 7-0 at a public hearing on April 13, 1993. Minutes of this
meeting are attached as Exhibit "E".
The GMQS Exemption for an Essential Public Facility was approved
by a 4-3 vote.
The Commission also voted 7-0 to approve Special Review for Parking
in a Public (PUB) zone via the proposed Final PUD Development Plan
with conditions requiring landscaping, striping, signage, and drop-
off parking along East Hallam st.,
After an adjunct discussion on affordable housing, the Commission
voted 4-2 to forward a recommendation 'that council "consider
creating housing opportunities to help mitigate housing required
or made necessary directly or indirectly by the change in use from
educational to arts and recreational even though both are within
the public use"
ALTERNATIVES: The land area could remain zoned as R-6 Medium
Density Residential with an SPA (Specially Planned Area) overlay
map amendment and use variation 'to allow "arts, cultural and
recreational activities, buildings and uses".
PROPOSED MOTION: "I move to adopt Ordinance 22, Series 1993 at
second reading, approving with conditions the rezoning of the
former Red Brick School site from R-6 Medium Density Residential
to Public (PUB), the Final PUD Development Plan, and a GMQS
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Exemption ~ Essential Public Facilities."
C~TY MANAGER COMMENTS:
Attachments:
Ordinance 22, Series 1993
Exhibits "A" - Application Information
"B"- Referral Memos
"c" - Letters from citizens
"D" - Rezoning Review Standard,s
"E" - P&Z minutes of April 13, 1993
"F" - Affidavit of Public Notice Mailing
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MESSAGE DISPLAY
TOCris Caruso
BC Kim Johnson
CC
George Robinson
From: Kim Johnson
Postmark: Dec 29,93 10:35 AM
Subject: Red Brick landscaping plan
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Message:
I closed out this Planning file and got the recorded PUD Statement to
keep therein and noticed that the Landscape Plan (referenced as
Exhibit liD" in the Statement) was not included in the document. I
have a CEO from August refencing this plan and its inclusion in the
PUD Statement. Please follow up on how this should be attached - I
don't know how to do it since the County Clerk already has numbered
the pages. Also, please get me a copy of the land. plan for the
Planning file. Thanks!
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MESSAGE DISPLAY
TO
BC
George Robinson
Kim Johnson
CC
cris Caruso
From: Kim Johnson
Postmark: Aug 31,93 3:15 PM
Status: Previously read
Subject: Red Brick Landscaping
Message:
George, I like the lilac buffer you are proposing between the parking
area and the trail. Cris, I believe that the landscaping plan is a
specific attachment to the PUD Agreement that we discussed last week
- please double check this. The landscape plan must be recorded with
the final documents, so that means either 8xll as an attachment or a
mylar with the other full size drawings. I'm bringing the blueline
and cost breakdown to you cris so you can finish up on the details
for recordation. Sounds like you guys are almost there.
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MESSAGE DISPLAY
TO
CC
-George Robinson
Bill Efting
CC
BC
cris Caruso
Kim Johnson
From: Kim Johnson
Postmark: Jul 28,93 3:51 PM
Status: Previously read
Subject: Red Brick landscaping
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Message:
I spoke w/ Mr. Efting today about a landscaping plan for this site as
required by the PUD approval. Bill said that he'd consult y'all to
get a simple 8xll" sketch showing plantings along the rear between
the parking area and the trail to Clarks. I wanted to let you know
that this was coming to you for some timely attention, and also that
I'm aware of a sewer line back in that vicinity which will likely
limit certain tree plantings. I have a plat showing line if you need
to see it. I recommend that someone chat to ACSD to find out any
restraints they might have. Call if you have questions - x5100.
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DavisHorn~c;.
PLANNING' APPRAISING' REAL ESTATE CONSUI11NG
Amy Margerum
City Manager
130 S. Galena street
Aspen, CO. 81611
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OFFICE
RE: Red Brick: PUD Agreement, PUD Plan and Landscaping Plan
Dear Amy:
As we discussed previously, Davis Horn Inc. is at the end of the
budget for the Red Brick Rezoning and PUD plan. I completed a
draft of the PUD agreement as we agreed and delivered it to Kim
Johnson about two weeks ago. Kim has reviewed it and sent it on to
Jed early this week so he could review and finalize the document.
I am attaching a copy of the Rezoning Map and PUD Plan which
incorporate the conditions of approval and the changes requested by
the Planning Office. ~im will also be given a copy of these today.
When Jed has finalized the PUD agreement and the Map and Plan are
okayed by Planning Office and the attorney, I will deliver the
originals to the Planning Office for recording.
There is a condition of approval regarding the landscape plan which
essentially involves screening the parking to the rear of the
building from the trail and the street. Kim is coordinating with
the Parks Department and Bill Efting to make sure this condition is
met.
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Thank you for the opportunity to work on this project with you.
Please let me know if we can be of further service. Call if you
have any questions or need further information. I will follow up
to make sure the originals are recorded and to make sure the
appropriate people have final, signed copies.
Sincerely,
DAVIS HORN, INCORPORATED
~Q~
ALICE DAVIS
CC: Jed Caswell
Kim Johnson
AUCE DAVIS, SRA \ GLENN HORN, A1CP
2lS SOUTH MONARCH . SUITE 104. ASPI'N, =LORADO &1611 . 303~7 . FAX: 303/925-5180
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STATEMENT OF PLANNED UNIT DEVELOPMENT
FOR THE RED BRICK SCHOOL
110 EAST HALLAM STREET
LOTS A THROUGH I, L THROUGH S, BLOCK 64
AND LOTS E, F, G AND PART OF LOTS A, B, AND C
BLOCK 71, CITY AND TOWNSITE OF ASPEN
THIS PLANNED UNIT DEVELOPMENT STATEMENT (hereinafter "state-
ment") is made and declared by the city of Aspen, Colorado, a
municipal corporation and home rule charter city (hereinafter
referred to as the "City"), as the owner of that property described
above and commonly referred to as the Red Brick School, on the date
as indicated below.
WIT N E SSE T H
WHEREAS, the city has prepared for execution and recording a
Final Planned Unit Development Plan (hereinafter referred to as the
"Plan") pertaining to the redevelopment of the Red Brick Elementary
School into the Aspen Arts and Recreation Center (hereinafter
collectively known as the "Project") on real property owned by the
c~ty which is more 'particularly described on Exhibit "A", as
attached and incorporated herein. A reduced copy of the Plan is
attached as Exhibit "B" and is incorporated herein; and
WHEREAS, the Project received approvals pursuant to the
following sections in the Aspen Municipal Code: PUD approval for
the dimensional requirements of the Project as' required by the PUB
- Public zone district; Special Review for parking; rezoning from
R-6 residential to PUB - Public Zone District and GMQS exemption
for an Essential Public Facility; and
WHEREAS, the City has imposed upon itself conditions and
requirements in connection with the approvals described above, such
conditions and requirements being necessary to protect, promote and
enhance the public health, safety and welfare. Such conditions are
set forth in Ordinance No. 22 (Series of 1993), attached as Exhibit
"C" and incorporated herein; and
WHEREAS, the dimensional requirements of the Project have been
established through the PUD process; and
WHEREAS, under section 7-904 of Chapter 24 of ,the Municipal
Code of the City of Aspen the City has prepared this Statement
setting forth and binding the city to those conditions of approval
under which the Project was approved; and
WHEREAS, this statement, the Plan and Ordinance No. 22 (Series
of 1993), shall constitute the final development plan and develop-
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ment regulations for the Project pursuant to Section 7-906 of
Chapter 24 of the Municipal Code.
NOW, THEREFORE, in consideration of the covenants contained
herein and the execution and acqeptance of the Plan for recorda-
tion, it is declared as follows:
1. Dimensional Requirements. The Project site is zoned PUB
- Public. According to Section 5-220 (D) of Chapter 24 of
the Municipal Code, dimensional requirements in the PUB _
Public Zone are established by the adoption of a PUD
plan. Such adopted dimensional requirements for the
Project are set forth as follows:
d.
e.
f.
g.
h.
i.
j.
a.
b.
c.
Minimum distance between buildings: 10 feet
Maximum height (includi.ng-viewpl-anes-)-:--..2..5,ft.
:~~~~rm front yard: (10 feet (except.. 4 ft.
M. . d 5 f""'""=''' ..--=~
~n~mum rear yar : 1 ee-~"~oC:;"'z;,,..=2'.,,,,',,~~---
Minimum side yard: 5 feet
Minimum lot width: 60 feet
Minimum lot area: 6,000 square feet
Trash access area: See attached survey
Internal floor area ratio: 0.75:1
Minimum percent open space: no requirement
at
2. parking. Off-street Parking Requirements for the PUB _
Public Zone are established through the Special Review
provisions in Article 7, Division 4 of Chapter 24 of the
Municipal Code. The parking established for the Project
is as follows:
a. 35 off-street spaces to the northwest section of
the property as designated on the Plan;
b. the on-street parking to the south of the property
adjacent to the Project along East Hallam Street
will be signed for short-term for drop-offs and
pick-ups.
c. Employee Auto Disincentives/Traffic Mitigation
Plan. Through the leasing of space in the Aspen
Arts & Recreation Center an auto disincentive
program to discourage employees of the building
from using the automobile and to reduce parking
demand and congestion in the immediate neighborhood
will be initiated and carried out.
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d. The auto disincentive program/traffic mitigation
plan shall be reviewed by the Parking and Transpor-
tation office and City Council after the first and
third years of operation of the Project.
3. The Plat. Reduced size copies of the following docu-
ments, representing plans that have been approved as part
of this PUD statement, are attached as the following
Exhibits:
a. Legal Description, Exhibit "A";
b. Reduced copy of the PUD Plan, and Rezoning Map,
Exhibit "B";
c. Ordinance No. 22 (Series of 1993), Exhibit "C"; and
d. Final Landscape Plan, Exhibit "D".
4. Landscaping Plan. The City agrees to landscape the
Project in accordance with the Final Landscape Plan
attached hereto as Exhibit "D", which plan shows the
extent and location of plants to be installed to buffer
the visual impacts of the parking.
5. Applicable Law. This statement shall be subject to and
construed in accordance with the laws of the State of
Colorado and the Municipal Code of the City of Aspen,
Colorado.
6. Severability. If any of the provisions of this statement
are determined to be invalid, it shall not effect the
remaining provisions hereof.
7. Binding Effect. The provisions of this statement shall
run with and constitute a burden on the land on which the
Project is located and shall be binding on and enure to
the benefit of th~ city, its successors and assigns.
8. Recording. This statement shall be recorded in the
records of the pitkin County Clerk and Recorder.
9. Effective Date. This Statement shall be effective from
the latest date of signature as illustrated below.
IN WITNESS WHEREOF, the City has executed this statement on
the day and year indicated.
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CITY OF ASPEN, a municipal corporation
(LL I~~
John ~ennett, Mayor
/0/" "1/'1'3
, Dat'e
ATTEST:
Jik
City Clerk
APPROVED AS TO FORM
~ vV) ,G~-lL-, ., /1~\0\'::S
Edward M. Caswall, City Attorney Date
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EXHIBIT "A"
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LEGAL DESCRIPTION
LOTS A THROUGH I AND LOTS K THROUGH S. TOGETHER WITH AND INCLUDING
A CERTAIN STRIP OF LAND AS AN ALLEY EXTENDING THROUGH OR BETWEEN'
SAID LOTS. BLOCK 6-4. CITY AND TOWNsiTE OF ASPEN
LOTS E. F.,G AND FRACTIONAL LOTS A. B. AND C. BLOCK 71. CITY AND
TOWNSITE OF ASPEN
TOGETHER WITH THE VACATED PORTIONS OF~THASPEN STREET AND THE:
ALLEY OF BLOCK 71 LYING ADJACENT TO 'rHE.ABOYE DESCRIBED PARCELS
OF LAND. CITY AND TOWNSITE OF ASPEN
COUNTY OF PITKIN. StATE OF COLORADO
AREA. 93.322 SO.FT. MORE OR LESS
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ORDINANCE NO.22
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-6 MEDIUM DENSITY RESIDENTIAL TO PUBLIC (PUB), GROWTH MANAGEMENT
QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, AND
APPROVAL OF A FINAL PUD (PLANNED UNIT DEVELOPMENT) DEVELOPMENT PLAN
FOR THE ASPEN ARTS AND RECREATIONAL CENTER (F.K.A. THE RED BRICK
ELEMENTARY SCHOOL) LOCATED AT 110 E. HALLAM (LOTS A-I AND K-S,
INCLUDING THE ALLEY IN BLOCK 64, AND LOTS E,F,G AND PART OF LOTS
A,B AND C, BLOCK 71), IN THE CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO,.
WHEREAS, on January 14, 1993, the city of Aspen purchased the
former Red Brick Elementary school for'the purpose of creating a
community-oriented arts and recreation facility; and
WHEREAS ,the city Council appointed a citizen I s advisory group
known as the Red Brick Committee to recommend appropriate uses and
(
development scenarios for the struct~~e; and
WHEREAS, the City intends to lease portions of the building
for non-profit arts related organizations for offices and studio
spaces, for-prOfit studio spaces, and for use by the city
Recreation 'Department for office space and the gymnasium; and
WHEREAS, the Aspen Area Community Plan established a goal to
rezone the former school site to Public; and
WHEREAS,
the city of Aspen
(Applicant)
submi tted an
application (the "Plan") to the Planning Office for rezoning of the
former school site from R-6 (medium Density Residential) to Public
(PUB), GMQS Exemption for Essential pUblic Facilities, Special
Review for Parking, and Final (Consolidated) PUD review, in
conjunction with a code amendment to the Public (PUB) zone district
to allow "arts, cultural and recreational activities, buildings and
uses"; and
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WHEREAS, the Planning Office received referral comments from
the city Engineer, Housing Office, and Water Department; and
WHEREAS, upon review of the application, referral comments,
and the applicable code standards, the Planning Director forwarded
a recommendation for approval of the Plan with conditions to the
Planning and zoning commission; and
WHEREAS, the Planning and zoning commission reviewed the
development proposal in accordance with those procedures set forth
at section 24-6-205 (A) (5) (b) of the Municipal Code and did conduct
a public hearing thereon on April 13, 1993; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 9 of Article
i
\ 7 (Planned unit Development), Division 4 of Article 7 (Special
Review), Division 11 of Article 7 (zoning Map and Text Amendment),
section 8-104 (C) (1) (b) of Article 8 (Growth Management Quota
system Exemptions by City Council for Essential Public Facilities) ,
the Planning and Zoning commission has recommended final approval
of the Aspen Arts and Recreation Center subject to conditions, to
the City council; and
WHEREAS, the Planning and Zoning commission further granted
Special Review approval for parking in a Public (PUB) zone
district; and
WHEREAS, the Aspen City Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified
herein,
has
reviewed
and
considered
those
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recommendations and approvals as granted by the Planning and Zoning
commission, and has taken and considered public comment at pUblic
hearing; and
WHEREAS, the city council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, 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 public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
section 1:
Pursuant to section 24-7-903 B.4. of the Municipal
Code, and subject to those conditions of approval as specified
(
\ hereinafter, the City council finds as follows in regard to the
Plan's planned unit development dimensional requirements component:
1. The Developer's final plan submission is complete and
sufficient to afford review and evaluation for approval.
2. The Plan is consistent with the Aspen Area Community
Plan.
3. The Plan is consistent with the character of existing
land uses in the surrounding area. '
4. The Plan will not adversely affect the future development
of the surrounding area.
5. The Plan approval is being granted only to the extent to
which GMQS exemptions are obtained by the applicant.
section 2: Pursuant to the findings set forth in section 1 above,
the City council grants consolidated Final PUD development plan
approval for the Aspen Arts and Recreation Center subject to the
following conditions:
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1.
Prior to issuance of the certificate of Occupancy the 35
on-site parking spaces shall be striped and signed for
use by users of the Aspen Arts and Recreation Center.
2. Prior to or within 6 months of the issuance of the
certificate of occupancy, a landscaped buffer shall be ,~
installed between the parking area, and the trail on the
north side of the subject property.
3.
Prior to the issuance of a Certificate of Occupancy, a
drop-off parking area shall be dedicated in front of the
building along East Hallam street pursuant to
recommendations of the Parking and Transportation
Director.
4.
Any improvement to
of-way must be
Department.
the parking in the Garmisch st. right-
coordinated with the Engineering
5. Prior to the issuance of a Certificate of Occupancy, an
easement must be established for a 14' wide trail,
electric switchgear, and other utility or pedestal needs.
6.
Prior to the issuance of a Certificate of occupancy the
two water service lines to the building must be properly
metered.
7. The applicants shall agree to join any future improvement
districts which may be, formed for the purpose of
constructing improvements in the public right-of-way.
8. The actual dimensions shall be the dimensional
requirements of this PUD development plan:
a. Minimum distance between buildings - 10'
b. Maximum height (including viewplanes) - 25'
c. Minimum front yard - 10' '(except 4' at southeast
e~tD0- --
d. Mlnlmum rear yard - 15'
e. Minimum side yard - 5'
f. Minimum lot width - 60'
g. Minimum lot area - 6,000 square feet
h. Trash access area - see provided survey
i. External and internal floor area ratio - .75:1
j. Minimum percent open space - no requirement
9.
The Final PUD Development Plan and PUD Agreement shall
be recorded in the office of the pitkin county Clerk and
Recorder. Failure on the part of the applicant to record
the documents within a period of one hundred and eighty
(180) days following approval by the City Council shall
render the approvals invalid, unless reconsideration and
approval of both the Commission and City Council is
4
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10.
11.
section 3:
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Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
...---
obtained before their acceptance and recording.
The city shall require that annual tenant leases and/or
sub-leases include stipluations for auto-disincentives
and measures to reduce parking demand an~ congestion in
the immediate neighborhood.
The traffic mitigation portion of the PUD plan shall be
reviewed by city council after the first and third years
of operation.
Pursuant to section 24-8-,104 C. 1. b. of the Municipal
Code, the city Council finds as follows in regard to the
Applicant's request for Growth Management Quota System development
exemption for essential public facilities:
1.
,
i
Arts and recreation have historically provided cultural
enrichment to the citizens of the city of Aspen without
which the city would not have attained its present
character and standing in the national and international
community. The city's proposal for use of the former
school building as a center for non-profit arts related
studios and offices, limited area for for-profit studios,
and recreation offices and activities will enhance the
art and recreation experiences for the citizens of the
city of Aspen and the general public.
2. The use of ,the building for for-profit artist studio
space is limited to 5% of the structure pursuant to the
financial bonding requirements for the building.
Furthermore, the artist studio,space is intended to be
educationally oriented to allow citizens of Aspen and the
general public the opportunity to observe artists
practicing their skills.
Section 4: Pursuant to section 24-7-1102 of the Municipal Code,
the city council finds as follows in regard to the zoning map
amendment component of the Plan:
i
\
1. The proposed zoning amendment as set forth in the Plan
are not in conflict with the provisions of Chapter 24 of
the Municipal Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3.
The proposed zoning amendment will not adversely impact
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;[*3624.8:) 10/27 /93 09~ :.35 F~eL, 1;70.. 00 Bl< 728 PG 282
Silvia Davis, Pitkin Cnty Clerk, Doc $..00
traffic generation or road safety when taken into
consideration with the other aspects of the Plan.
4. The proposed zoning amendment will promote the public
interest and character of the city of Aspen.
section 5 :
Pursuant to section 24-7-1102 and 24-7-1103, and
Division 2 of Article 5 of Chapter 24 of the Municipal code, and
findings set forth in section 5 above, the city Council does grant
the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the conditions as specified below:
~,
1. The Public (PUB) zone district shall be applied to Lots
A-I and K-S, including the alley in Block 64, and Lots
E,F,G and part of Lots A,B,and C in Block 71, in the city
and Townsite of Aspen.
Section 6: All material representations and commitments made by
.
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning commission and 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
other specific conditions.
section 7: The Official Zone District Map for the City of Aspen,
Colorado, shall be and is hereby amended to reflect the rezoning
action as set forth in section 6 above and such amendment shall be
promptly entered on the Official Map in accordance with Section
24-5-103 B. of the Municipal Code.
section 8:
This Ordinance shall not effect any existing litigation and
( shall not operate as an abatement of any action or proceeding now
'.
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#36248~~~ 10/27'/9~.:. 09: :35 r(ec:: %:.70.. 00 B~::: 728 F"L., 283
Silvia Davis, Pitkin Cnty Clerk, Doc $"00
(
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 9:
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.
section 10: The city Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
(
city of Aspen no later than fourteen (14) days following final
adoption hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appendeq to said
notice shall be the ordinance granting such approval.
section 11:
That 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 12:
A public hearing on the Ordinance shall be held on the /c? day
of ~, 1993 at 5:00 in the City Council Chambers, Aspen city
" Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
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728 PG 284
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( public notice of the same shall be published in a newspaper of
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general circulation within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the city Council
~ 1993.
of the City of Aspen on the J!L(p day of
(jL I~-
John Bennett, Mayor
Kathryn . Koch, city Clerk
FINALLY, adopted, passed and approved this /~~day of
7717 ' 1993.
~ '()F.--'::;;bo'
John ennett, Mayor
Atte,st:
~"1'L).>d'4~
Kathryn ~ Koch, city Clerk
8
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MESSAGE DISPLAY
TO
BC
cris Caruso
Kim Johnson
cc
George Robinson
From: Kim Johnson
Postmark: Dec 29,93 10:35 AM
Subject: Red Brick landscaping plan
------------------------------------------------------------------------------
Message:
I closed out this Planning file and got the recorded PUD Statement to
keep therein and noticed that the Landscape Plan (referenced as
Exhibit "D" in the statement) was not included in the document. I
have a CEO from August refencing this plan and its inclusion in the
PUD Statement. Please follow up on how this should be attached - I
don't know how to do it since the County Clerk already has numbered
the pages. Also, please get me a copy of the land. plan for the
Planning file. Thanks!
---~---========x========-------
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MESSAGE DISPLAY
TO
Be
George Robinson
Kim Johnson
cc
cris Caruso
From: Kim Johnson
Postmark: Aug 31;93 3:15 PM
Status: Previously read
Subject: Red Brick Landscaping
------------------------------------------------------------------------------
Message:
George, I like the lilac buffer you are proposing between the parking
area and the trail. Cris, I believe that the landscaping plan is a
specific attachment to the PUD Agreement that we discussed last week
- please double check this. The landscape plan must be recorded with
the final documents, so that means either 8xll as an attachment or a
mylar with the other full size drawings. I'm bringing the blueline
and cost breakdown to you Cris so you can finish up on the details
for recordation. Sounds like you guys are almost there.
-------========x========-------
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MESSAGE DISPLAY
TO
CC
'George Robinson
Bill Efting
CC
BC
cris Caruso
Kim Johnson
From: Kim Johnson
Postmark: Jul 28,93 3:51 PM
Status: Previously read
Subject: Red Brick landscaping
----------------------------._---------~----~-------~---------~---~-----------
Message:
I spoke w/ Mr. Efting today about a landscaping plan for this site as
required by the PUD approval. Bill said that he'd consult y'all to
get a simple 8xll" sketch showing plalltings along the rear between
the parking area and the trail to Clarks. I wanted to let you know
that this was coming to you for some timely attention, and also that
I'm aware of a sewer line back in that vicinity which will likely
limit certain tree plantings. I have a plat showing line if you need
to see it. I recommend that someone chat to ACSD to find out any
restraints they might have. Call if you have questions - x5100.
-------========x========-------
.
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Davis Horn~c;.
PlANNING. APPRAISING. REAL ESTATE CONSUIJING
~
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Amy Margerum
City Manager
130 S. Galena street
Aspen, CO. 81611
r9)j@, ~i~lf J!f~,,~'
:.~~ ~ JV
JUL 2 1993
"-:..krv j:.:O
OFFICE -<; Y'~
RE:
~'edgr:Ccj{':W1tl'D~~g;~~~;~ , PUD P
^ ~. ' ",""'
, ii;':"~';-N'''i''''''"''~
L'"lrn~s'6aprn'g'-Plan
Dear Amy:
As we discussed previously, Davis Horn Inc. is at the end of the
budget for the Red Brick Rezoning and PUD plan. I completed a
draft of the PUD agreement as we agreed and delivered it to Kim
Johnson about two weeks ago. Kim has reviewed it and sent it on to
Jed early this week so he could review and finalize the document.
~~~%
~
Tltiii<im",;i:lttachJng ,a,copy'Of,.the"'ReZoning M<ipand P{JP,.R}ClI,l,~l:1ASll:L ~
incorporate the conditions of approval and the changes requested by
the Planning Office. Kim will also be given a copy of these today.
When Jed has finalized the PUD agreement and the Map and Plan are
okayed by Planning Office and the attorney, I will deliver the
originals to the Planning Office for recording.
There is a condition of approval regarding the landscape plan Which!
essentially involves screening the parking to the rear of the J
building from the trail and the street. Kim is coordinating with
the Parks Department and Bill Efting to make sure this condition is
met.
Thank you for the opportunity to work on this project with you.
Please let me know if we can be of further service. Call if you
have any questions or need further information. I will follow up
to make sure the originals are recorded and to make sure the
appropriate people have final, signed copies.
sincerely,
DAVIS HORN, INCORPORATED
~ QavWJ
ALICE DAVIS
CC: Jed Caswell
Kim Johnson
AUCE DAVIS, SRA \ GLENN HORN, A1CP
21S SOUTH MONARCH. SUITE 104. ASPEN. COLORADO 81611 .303f925.6587 . FAX: 3031925-5180
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ASPEN. PITKIN
James Sbarbaro, M.D,
459 West 17th
Pueblo, Co. 810p3
PLANNING & ZONING DEPARTMENT
June 1, 1993
RE:Red Srick School (Aspen Arts and Recreation Center)
Dear Jim,
I received your thoughtful letter ~nd wanted you to know that
I appreciate your comments. I have forwarded ~opies to Assistant
city Manager Bill Efting and Special project Manager Cris Caruso.
From this point forward, these two gentlemen will be in charge of
the actual design and construction for the arts and recreation
facility. I have placed myself at their service as :Ear as
suggestions for the landscaping, but up tQ now we have not met to
formulate a plan.
If I can
at 920-5100;
be of further assistance to you, please
Thanks again for your valuable input..
contact me
130 SOUT':' GALENA STRim . ASPEN, COLORADO 81611 . PHONE 303.920;5090 . ~AX 303.920.5197
Prin!ed on 'eeyd<<l paper
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PUEBLO CARDIOLOGY ASSOCIATES, P.C.
CARDIOVASCULAR DISEASES
Iqbal S. Khan. M.D.. F.A.C.C.
Christian Stjernholm. M.D.. F.A.C.C.
Jack A. Boerner. M.D.. FAC.C.
James A. Sbarbaro. M.D.. F.A.C.C.
John M. Stachler. M.D.. F.A.C.C.
Stephen D. MacKerrow. M.D.
459 West 17th 1925 E. Orman, Suite A640
Pueblo, CO B1oo3 Pueblo. CO 81004
(719) 544-3553 (719) 564-1544
May 25, 1993
Kim Johnson
Department of Planning and Zoning
130 South Galena Street
j Aspen, Colorado 81611
Dear Kim,
Thanks so much for being such a great help to Bonnie and myself in
our discussions regarding the red brick school house. Again I
want to convey to you and to the city council that Bonnie and I
hope to be constructive forces in the development of this
property. We have been coming to Aspen since 1974, and owned a
condominium and restaurant in Snowmass for five years in the
1980s. We are very familiar with the community and while our
primary residence will continue to be in Pueblo, we spend 40-60
days in Aspen on a yearly basis. Ultimately we hope to retire
there, So as you can see our desire to be an active and
constructive member of the community is a real one. '
We think Aspen's greatest strength is in the balance between it's
sports and recreation opportunities, it's restaurants and shops,
it's cultural activities, and it's neighborhoods. We would not
have bought a home in the west end if the area was not dear to us.
We have no problem with the red brick school house becoming a
community cultural resource, but it must do so in some harmony
with its neighbors. The building in our opinion is an eye sore
at present and we would hope that all of you in government plan to
use the money allotted to the project not only to clean up the
interior of the building, but to do some work on its exterior and
surroundings. With some appropriate measures we think that the
visual impact of the site can be mitigated, and hopefully with
some sensible traffic planning that problem can be alleviated.
Our home is on the corner of Francis and Garmisch, and gazing out
at a thirty-five car parking lot obviously gives us some cause for
concern. Also, as you know the cars will be very visible to
people using the trail down to the post office area as well.
Hopefully you will give some consideration to these visual impacts
on the north and west face of the building.
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Kim Johnson
Department of Planning and Zoning
May 25, 1993
Page 2
We would like very much to work with you and the council in these
matters but we really do not know how to access the system at this
point. Please let us know how we can help.
Sincerely, ,."",
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JameSA':'s~arbaro, M.D., F.A.C.C.
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':~~~"~~~!~~~:~n:~7 ~ and Rec~aii9n .~~~~ d:1!I:~~zhi:~~~~dtts~t~~ ~
'" The ~n CIty CQuncil agreed MQnday. mght, tQ panel ceiJ!ng and i\lI ~bestQS .al?a!eme~1l treatment.. ,
~ a bUIli! ,Qf applause from a roQmful .of people repre- The cIty recreall()n department IS tQ talce Qv.er':
.' sel\ting arts and nQnprofit groups, tQ gQ ahead with a ne~y 11,000 square feet .of the1:>uilding, cousisting .
. plan that WQuld renQvate the .en~ .schlJPl biiUi/iiig;" or the gxriin3Sium are~ at:K\ an. adjacent .office space.
. as'oWos&rtQ'''iiio't1ioalIing'''theQI2e~! 1!'l!f.s>f!lIe ., .The Aspen SnQwmass .Arts C.ouricil is tQ be .
building fQrp?ssib~e renQ~ation at a rater~t:.. responsible fQr ~anaging the remaini'1g'are; 'nearly
., .;I',~ 1;1!$.SJ~s.Us ,esllmated tQ be. $1.13l\1llIiQn., Just W,OOO square. .feet, MQre!h.ap.7 ,209 square feet .of
':tllnder the $1.145 milIiQn thatJhe city planl\ed tQ that is tQ be fQ~ "cQmmunity use," sl!ch as :meeting
'. spend .on the building after buying it a year agQ for rooms'lIl)dstoragespace, and the rest will'gQ either W"
....$2..6miIlklOwiili,v<?ter-approved!'<>ru!I!I!>'l.ey.. . .' .aft.s'grouPQrfice spacebfllctual studiQ space fof~
.",,~. AspartQfthepl'"".'edren()~..n.on,!~.~~~JiPI!!~~"",'~_"',r.,. .. ..... ..'. '{.
.1.'"sllctiQn .of the building, built 10 the 1950s, IS tQ be AccQrding tQ Aspen City Manage.( Am~
.'i6~ dpW lind :the spa<:e used as. ~ sCl:llpture garden N'!f~erom, the ASA<;: ~ll pay the 5O!ty. $~5,(j90 ~
· andJ;\l~,~~1)1lj1O en!r~~..o' ',_, _,... year 10 rent fQr. the building, 12lus}Il}!t;i!ll1e~, m~l<l ~
~But, warned the architects whQ have spent the last nance and replUr CQs\i,. and will cQUect rent and utili-..
.' '. ~ Iponti)s analyzing the building; nQ matte~ wha! ties from the t~nants. ;.;.
';::k'i~~~;~~rtfwi'a;i~~~~~f~~~~~'~rgt~ ~~I:t~t~~:~~ti~~~~$~:~fm:~1
i.ture. The !'?2f}~ !e'Lkj~g, and anQther winter. .of space is rented .out aJ..$12 per square fQQt ,as pro-1iIli
"~~glectwQuld.ca9S!t CQnsI~rabl~,damage, the deslgn:grannne~, t~ere. shQl!lq be $?,8,O00 Per yel\f for all
. ')~~tiffirx4~~~bie ~~hditiQh:;' s.aid ~hi~e~ral' pl~ r:al:e~:d,~o~l:J4be fQranyfma}Q-;'-repai!S!!\!
. . consultant SUzannah Reid .of Pember & Reid Archi-' .or maintenance needs and the arts CQuncil is tQ make~
~; tecfs!n{, oftlle "bi!iTdlOi(as 11Wh~'Burthei'~~t", re!iOmm~ndati8nst'?the?ty befQre sPending any Qfi!. :.
.;questionable:' part .of the StroClure IS the palt 1;luiltlO . Sl)e ji!sQpomtei!.Qut tha;.f,!,r the.~t y~ pf Qper';;,;;
'the 1950s. '. .'. ._.; :<;;;i;,.,.,;:..;,,~l1.()I1,b!\siga)ly lessthan.l)!l!(9! f:9~, the CIty has set{'
;';'; The poor state .of replUr Qflhat seCllon,miifulY tlie aSIde $30,000 as a "cusl:iiQn" m case lQW start-up ..,:
\tQpf, Wall the biggest single factQr itl' 4eciOing tQ occupancy leaves a gap in the center's finances. '. . ~
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ORDINANCE NO.22
(SERIES OF 1993)
AN ORDINANCE OF THE ,A,SP~ CITY' COUNC,:i:L" G,~'f:I:N(;litt:~9N'IN(; }!'litO}(
R-6 MEDIUM DENSITY RESIDENTIAL TO PUDLIC(PUB5~GROWTH'MANAGEMENT
QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, AND
APPROVAL OF A,FINAL PUD (PLANNED UNIT DEVELOPMENT)'DEVELOPMENT'PLAN
FOR THE ASPEN ARTS AND RECREATIONAL CENTER (F.K.A. THE RED BRICK
ELEMENTARY SCHOOL) LOCATED AT 110 E. HALLAM (LOTS A-I AND K-S,
INCLUDING THE ALLEY IN BLOCK 64, AND LOTS E,F,G AND PART OF LOTS
A,D AND C, BLOCK 71), IN THE CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, on January 14, 1993, the city of Aspen purchased the
former Red Brick Elementary school for the purpose of creating a
community-oriented arts and recreation facility; and
WHEREAS, the City Council appointed a citizen's advisory group
known as the Red Brick Committee to recommend appropriate uses and
development scenarios for the structure; and
WHEREAS, the City intends to lease portions of the building
for non-prOfit arts related organizations for offices and studio
spaces, for-prOfit studio spaces, and for use by the city
Recreation Department for office space and the gymnasium; and
WHEREAS, the Aspen Area Community Plan established a goal to
rezone the former school site to Public; and
WHEREAS, the city of Aspen (Applicant) submitted an
application (the "Plan") to the Planning Office for rezoning of the
former school site from R-6 (medium Density Residential) to Public
(PUB), GMQS Exemption for Essential Public Facilities, Special
Review for! Parking, and Final (Consolidated) PUD review, in
conjunction with a code amendment to the Public (PUB) zone district
to allow "arts, cultural and recreational activities, buildings and
uses"; and
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WHEREAS, the Planning Office received referral comments from
the city Engineer, Housing Office, and Water Department; and
WHEREAS, upon review of the application, referral comments,
and the applicable code standards, the Planning Director forwarded
a recommendation for approval of the Plan with conditions to the
Planning and Zoning commission; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205 (A) (5) (b) of the Municipal Code and did conduct
a public he~ring thereon on April 13, 1993; and
WHEREAS, upon review and consideration of the plan, agenc:yand
public comme~t thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 9 of Article
7 (Planned Unit Development), Division 4 of Article 7 (special
Review), Division 11 of Article 7 (Zoning Map and Text Amendment),
section 8-104 (C) (1) (b) of Article 8 (Growth Management Quota
System Exemptions by City Council for Essential Public Facilities),
the Planning and Zoning Commission has recommended final approval
of the Aspen Arts and R~creation Center subject to conditions, to
the City council; and
WHEREAS, the Planning and Zoning Commission further granted
Special Review approval for parking in a Public (PUB) zone
district; and
WHEREAS, the Aspen City Council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified
reviewed
considered
those
herein,
has
and
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recommendations and approvals as granted by the Planning and Zoning
Commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the city Council finds that the Plan meets or exceeds
all applicable development standards and that ,the approval of the
Plan, 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 public health, safety, and welfare.
NOW, THl!lREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1 :
Pursuant to Section 24-7-903 B.4. of the Municipal
Code, and subject to those conditions of approval as specified
hereinafter, the City council finds as follows in regard to the
Plan's planned unit development dimensional requirements component:
1. The Developer's final plan submission is complete and
sufficient to afford review and evaluation for approval.
2. The Plan is consistent with the Aspen Area Community
Plan.
3. The Plan is consistent with the character of existing
land uses in the surrounding area.
4. The Plan will not adversely affect the future development
of the surrounding area.
5. The Plan approval is being granted only to the extent to
which GMQS exemptions are obtained by the applicant.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council grants consolidated Final PUD development plan
approval for the Aspen Arts and Recreation Center subject to the"
following conditions:
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1. Prior to issuance of the certificate of Occupancy the 35
on-site parking spaces shall be striped and signed for
use by users of the Aspen Arts and Recreation Center.
2. Prior to or within 6 months of the issuance of the
Certificate of Occupancy, a landscaped buffer shall be
installed between the parking area and the trail on the
north side of the subject property.
3. Prior to the issuance of a Certificate of Occupancy, a
drop-off parking area shall be dedicated in front of the
building along East Hallam street pursuant to
recommendations of the Parking and Transportation
Director.
4. Any improvement to the parking in the Garmisch st. right...
of-way must be coordinated with the Engineering
Department.
5. pr ior to the issuance of a Certif icate of Occupancy, ,an
easement must be establish.ed, for a 14'" ~ide trail,
electric switchgear, and other utility or pedestal needs.
6. Prior to the issuance of a Certificate of Occupancy the
two water service lines to the building must be properly
metered.
7. The applicants shall agree to join any future improvement
districts which may be formed for the purpose of
constructing improvements in the public right-of-way.
8. The actual dimensions shall be the dimensional
requirements of this PUDdevelopment plan:
a. Minimum distance between buildings - 10'
b. Maximum height (including viewplanes) - 25'
c. Minimum front yard - 10' (except 4' at southeast
entry)
d. Minimum rear yard - 15'
e. Minimum side yard - 5'
f. Minimum lot width - ~.'
g. Minimum lot area - ',000 square feet
h. Trash access area - see provided survey
i. External and internal floor area ratio - .75:1
j. Minimum percent open space - no requirement
9.
The Final pua aevelepment Plan an. pua A~reement shall
.e recer.ed in the office of the Pitkin county Clerk and
Recorder. Failure on the part of the applicant to record
the documents within a period of one hundred and eighty
(180) days following approval by the City Council shall
render the ,approvals invalid, unless reconsideration and
approval of both the Commission and City council is
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obtained before their acceptartce and recording.
section 3: Pursuant to section 24-8-104 C.l.b. of the Municipal
Code, the City Council finds as follows in regard to the
Applicant's request for Growth Management Quota System development
exemption for essential public facilities:
1. Arts and recreation have historically provided cultural
enrichment to the citizens of the City of Aspen without
which the city would not have attained its present
character and standing in the national and international
community. The City's proposal for use of the former
school building as a center for non-profit arts related
studios and offices, limited area for for-profit studios,
and recreation offices and activities will enhance the
art and recreation experiences for the citizens of the
city of Aspen and the general pUblic.
2. The use of the building for for-profit artist studio
space is limited to 5% of tne structure pursuant to the
financial bonding requirements for the building.
Furthermore, the artist studio space is intended to be
educationally oriented to allow citizens of Aspen and the
general public the opportunity to observe artists
practicing their skills.
section 4: Pursuant to section 24-7-1102 of the Municipal Code,
the city Council finds as follows in regard to the zoning map
amendment component of the Plan:
1. The proposed zoning amendment as set forth in the Plan
are not in conflict with the provisions of Chapter 24 of
the Municipal Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3. The proposed zoning amendment will not adversely impact
traffic generation or road safety when taken into
consideration with the other aspects of the Plan.
4. The proposed zoning amendment will promote the public
interest and character of the City of Aspen.
section 5:
Pursuant to Section 24-7-1102 and 24-7-1103, and
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Division 2 of Article 5 of Chapter 24 of the Municipal Code, and
findings set forth in section 5 above, the City'Council does grant
the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the conditions as specified below:
1. The Public (PUB) zone district shall be applied to Lots
A-I and K-S, including the alley in Block 64, and Lots
E,F,G and part of Lots A,B,and C in Block 71, in the city
and Townsite of Aspen.
section 6: All material, representations and commitments made by
the developer pursuant to the Plan approvals as herein awarded,
whether in public hearing or ,documentation presented before the
Planning and Zoning commission and 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
other specific conditions.
Section 7: The Official Zone District Map for the City of Aspen,
Colorado, shall be and is hereby amended to reflect the rezoning
action as set forth in Section 6 above and such amendment shall be
promptly entered on the Official Map in accordance with Section
24-5-103 B. of the Municipal Code.
Section 8:
This Ordinance shall not effect 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 9:
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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.
section 10: The City Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 11:
"
That the ci ty 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 12:
A public hearing on the Ordinance shall be held on the day
of
, 1993 at 5:00 in the city Council Chambers, Aspen city
Hall, Aspen Colorado, fifteen (15) 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 ~f Aspen on the
day of
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, 1993.
John Bennett, Mayor
Attest:
Kathryn s. Koch, city Clerk
FINALLY, adopted, passed and approved this
, 1993.
day of
John Bennett, Mayor
Attest:
Kathryn S. Koch, city Clerk
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Davis Horn~c;VY Orcl1naDC4t
PlANNING. APPRAISING. REAL ESTATE CONSUmNG__.----;:::::;,::',::'., :
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March 8, 1993
Kim Johnson
Aspen Pitkin Planning
130 S. Galena street
Aspen, CO. 81611
RE: Amendment to the Land Use Application for the Red Brick School
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Office
Dear Kim:
As we discussed, this letter is an amendment to the application for
the rezoning of the Red Brick School facility to Public for the
reuse of the structure as the A~pen ,Arts and Recreation Center.
The change in use of the Red Brick property from an elementary
school to a public arts and recreation facility is not technically
a change in use according to the Aspen Land Use Regulations as the
change is not between categori~s of growth management competition.
still, the applicant fully intends to mitigate all impacts of the
change in use to the public arts and recreation center.
As we agreed, the applicant is therefore requesting approval for a
GMQS Exemption pursuant to section 8-104 (C) Exemption by city
oounoil (1) (b) Construotion of essential public faoilites.
Although the change in use is not new construction, the creation of
the new public arts and recreation center is a new use and the
applicant intends to mitigate any impacts generated by the new use.
Therefore, our amendment to the application is to request approval
for a growth management exemption for the oreation of an essential
public facility.
The city of Aspen is also requesting a rezoning of the site ~rom R-
6 to Public as the Public zone is more appropriate for the proposed
use of the site. The public facility proposed serves an essential
purpose, provided facilities in response to the demands of growth
and in itself is not a growth generator. The facility will be
available for use by the public and serves the needs of the city.
As discussed in the original application, the proposed use of the
Red Brick School will not generate the need for new employees,
parking, road or transit services, or the need for basic services
such as water, sewage treatment, drainage control, fire and police
protection, and solid waste disposal. As the proposed use is less
intensive than the previous school use, there will be not adverse
impact on the city's air, water, land and energy resources. The
structure, under the new use, will be visually compatible with the
neighborhood.
AUCe DAI/lS, SRA I GLENN HORN, HCP
300 IfASI HYMAN. SUITE 8. ASPEN, COLORADO 81611. 303/925.6587. FAX: 303J925.5t80
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with these critieria of the Land Use Regulations in mind, please
consider this letter a request for approval from city council for
a GMQS exemption for an essential public facility for the creation
of the proposed Aspen Arts and Recreation Center.
Thank you for your consideration.
Sincerely,
DAVIS HORN INCORPORATED
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PlANNING. APPRAISING. REAl ESTATE CONSUI1ING
March 1, 1993
Ms. Kim Johnson
Aspen Pitkin Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Land Use Application for the Red Brick School to be used as
the new Aspen Arts and Recreation Center
Dear Kim:
Attached is the application for our client, the City of Aspen,
requesting :
1) Rezoning approval for the Red Brick School site from R-6
Residential to PUB, Public;
2) Approval of a PUD development plan which establishes the
dimensional requirements for the site as is required by
the Public zone district regulations;
3) Approval of a minor text amendment to the Public zone
district.
We have done our best to satisfy the applicable requirements of the
Aspen Land Use Regulations and to address items identified in our
pre-application conferences. Please let us know if we have failed
to address any issues of concern to you.
Thank you for your consideration. Please call if you have any
questions or if you need further information.
Thank you,
DAVIS HORN INCORPORATED
OJ-W- ~
AIJa CAllIS, SRA I GLENN HORN. NCP
300 EASr HYMAN. sum; B. ASPEN. COLORADO 81611. ~7. FAX: 303/92S.5l80
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PlANNING. APPRAISING. REAL ESTATE CONSUlJlNG
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March 16, 1993
Kim Johnson
Aspen Pitkin planning Office
130 S. Galena street
Aspen, CO. 81611
RE: Employee Impacts
Dear Kim:
This information should help you evaluate the employee impacts for
the review for the ~ea.Brick Sch()pl,R~zoning. As stated in the
submitted Land Use Application for the Red Brick School, the City
of Aspen is interested in mitigating all employee impacts generated
from the new use of the Red Brick School.:WI;!.believe that the
employee impacts from the proposed Arts and Recreation Center use
are substantially less than they were for the original school use
and that no mitigation is required.
As stated in the original application, approximately 250 people
used the elementary schooL After reviewing and finalizing
employee generation numhersfor the proposed Arts and Recreation
Center, we estimate the total employee population of the new use to
be from 21 to 28 employees for the smaller design scheme (not using
the 1941 portion of the building) and from 55 to 90 employees if
the entire building is utilized. As the number of employees/people
on site \'Till be substantially less than for the school use, no
employee mitigation should be required.
It is very important to note that the all employees to be using the
Arts and Recreation Center are currently .housed in existing
facilities; their housing and their office space exists somewhere
else in town. No ~w spaCA fa ~eing created, only the reuse of an
existing space wi h a l~S int~ive use. Therefore, it is the
applicant's opinion tha no employee housing mitigation is
required.
In estimating the employee population for the Arts and Recreation
Center, it was very difficult to find employee generation standards
for arts and recreation \1se~. .A.fteJ:"J:"eviewing numerous guides and
text books, the most applicable standard is for either office space
or quasi-governmental uses. The Housing Office and other experts
in the field agreed, the pUblic/arts/recreation use would generate
employees at the very low end or even below the typical office use.
Therefore we estimated employee population from the quasi-
governmental standard, which falls below the office standard.
AUCE DAVIS, SRA I GLENN HORN. NCP
3OO!;AST HYMAN. SUITE 8. ASPEN, COLORADO 81611. 303192S-6587. FAX: 303/925-5180
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The ci ty' s Affordable Housing Guidelines' employee generation
standards show that 1.5 to 2.5 employees are generated per 1000
square feet of net leasable area for "utilities/Quasi-Governmental
uses". Generation by other uses not listed are by special review
by the Aspen Pitkin Housing Authority. Considering the proposed
use in the "other" category and subject to review by the APHA, we
feel the low end of the quasi-governmental use is most appropriate.
We have estimated employees first by determining the actual number
of employees to be located on-site. Although we have no actual
employee counts for the office related uses, the recreation
activities and the artist studios should generate approximately 20
actual employees. Adding in another 21 employees for the remaining
arts and recreation office space using the standard for quasi-
governmental uses, 41 total employees is indicated for the entire
building. If the quasi-governmental standard is applied to the
entire building, 34 employees are generated,
Applying the quasi-<;Jovernmental use standard onlY' to the portion of
the building proposed to be used (14,093 square feet of net
leasable area), 21 employees are indicated. Using the actual
employees for recreation and studios uses and adding in employees
qenerated from the remaining space, 20 to 28 employees are
indicated for this portion of the building.
Considering these and other methods of employee generation, the
best estimate shows from 20 to 28 employees generated for the
portion of the facility proposed for use and from 34 to 41
employees for the entire building. These numbers are substantially
less than that generated by the former school use.
Again, this information should help you evaluate the employee
impacts for the review of the Red Brick School Rezoning. We hope
you will agree that no new space is being created and therefore no
employee mitigation should be required. Also, no new employees are
being generated (and substantially less will be needed) by the arts
and recreation center use when compared to the former school use.
sincerely,
DAVIS HORN INCORPORATED
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Alice Davis
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INTRODUCTION
Davis Horn Incorporated, represents the city of Aspen who is the
applicant and the owner of the Red Brick School Building at 110
East Hallam Street. (See Attachment 1, Vicini ty Map.) The
applicant is requesting approval for a rezoning of the Red Brick
School from R-6 Residential to PUB Public. Simul taneously, a minor
text amendment to the City ,of Aspen Municipal Land Use Regulations
is requested. As the Public zone is intended for a wide variety of
public and public related uses, dimensional requirements are not
given ,in the Regulations, but rather are established on a case by
case basis through the POD process. Therefore, the applicant is
also requesting approval for a POD plan which establishes the basic
dimensional requirements for the property. This application
addresses the standards and requirements for the following
approvals being requested:
1. Rezoning of the Red Brick School property (to be used as
the Aspen Arts and Recreation Center) from the R-6
Residential zone to the PUB, Public zone district;
2. A minor text amendment to the Land Use Regulations
regarding the Public zone district; and
3. Approval of a POD development plan establishing the
dimensional and off street parking requirements for the
property as is required by the Public zone district. The
planning director has determined, according to Section 7-
903 (C)(3), Consolidation of conceptual and final
development review, that it is appropriate for this POD
review to be consolidated from a four step into a two
step process.
This application briefly discusses the existing conditions and
history of the subject property, describes the proposed use of the
building and addresses the applicable Aspen Land Use Regulation
review standards and requirements of each of the three approvals
requested.
EXISTING CONDITtO~S AND A BRIEFRISTORY
OF THE SUBJECT PROPERTY
The Red Brick School is located in the heart of Aspen's West End
neighborhood at 110 East Hallam Street. The school was originally
built in 1941 and sits on a estimated 90,700 square foot parcel of
land. The existing structure consists of three sections containing
approximately 35,800.total square feet of gross floor area. The
first section is the original school building and a
receiving/storage addition which contains 14,000 square feet.
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The second section is 11,240 square feet including a major
classroom and mechanical room addition built to the east of the
original building in the 1970's. This ,area is in better condition
than the original structure and is in less need of hazardous
material abatement. The third section of the existing building
contains 10,560 square feet, was also built in the early 1970's and
is to the east of the classroom addition. It consists of a 6080
square foot gymnasium and vestibule, a 2240 square foot stage area
with a small office and storage area and stairs which lead to a
2240 square foot basement area locker room. (See Attachment 1, Red
Brick school Building, Existing First Floor Plan.)
The surrounding neighborhood is the well established West End
residential neighborhood. To the east, south and west of the
subject are single family homes which have predominated the West
End Neighborhood for over one hundred years. There is a bike path
along the northern property line which leads from the residential
neighborhood to a commercial area below.
The site is generally level, though to the north and northeast,
beyond the bike path, steep slopes drop away from the property to
adjacent commercial uses to the north. The slope provides a
barrier between the commercial uses adjacent to the north, the
subject property and adjacent residential uses. There are
sidewalks on the south and west sides of the property and on-street
paved parking to the west. The site is modestly landscaped on the
south, between the building and the street with a lawn, shrubs and
trees.
The Red Brick School was purchased by the City of Aspen from the
Aspen School District No.1 with the closing on January 14, 1993.
The City purchased the school with bond money which requires that
the building continue with public uses and that only five percent
of the floor area be occupied by uses other than non-profit or
governmental/public entities. (See Attachment 2, a letter to the
City of Aspen Finance Director regarding the General Obligations
Bonds used for the purchase of the school building.)
Various citizen and pUblic groups including the more recently
formed Red Brick Committee have supported the purchase of the
building for public, arts and recreation related purposes and the
issuing of bonds to fund the purchase and the cost of building
improvement and renovation. As the school, particularly t,he
original 1940's portion, has a hazardous material problem which
needs to be abated, costs for renovation and improvement are higher
than they would otherwise be.
Since the City is now the owner of the property, The Red Brick
Committee, city staff and the City Council are working to make the
best use of the property for public and arts related purposes.
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The building is proposed to house the City Recreation Department
offices; City recreational programs and activities; art and
cultural activities and uses; and art, dance and writers' studios.
This application seeks approvals required for the City to operate
the structure in the manner approved by the voters in the public
election on the purchase.
PROPOSED PROJECT
As mentioned previously, The Red Brick School is to be used for
public, art, cultural and recreational uses. As required by the,
bond documents, public and non-profit uses are to always be the
predominant uses in the building. As currently proposed, the
gymnasium will be used by the city Recreation Department, the
basement will continue to be used as a locker room for recreational
activities and the remainder of the building will be used for a
variety of pUblic, arts, cultural and recreational office and
studio uses. Although the proposed tenants will certainly change
with time and possibly before the building is actually ready for
occupancy, an administrative office for each of the following
tenants is currently anticipated for the building:
city Recreation Pepartment
Dance Aspen
Aspen Art Museum
Aspen Filmfest
KAJX
Aspen Ballet Company
Aspen Theater
The Writer's Conference
Arts Council
Aspen Ridiculous Theater
Aspen Yoga Center
Aspen Interactive
All of the above uses except Aspen Yoga Center and possibly Aspen
Interactive, are non-profit organizations. Aspen Interactive is
now seeking non-profit status. In addition to the above tenants,
the building is proposed to include the fOllowing:
A 651 square foot common lecture hall
A 150 square foot common secretarial area
Four to five spaces to be used as artists' studios.
The currently proposed uses have been reviewed and evaluated by the
Red Brick Committee.
The Red Brick Committee came up with four potential options for the
City Council for renovating the school building; these options are
found in the memorandum in Attachment 3.
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At this time, the Red Brick Committee is proposing use of the
gymnasium and the classroom addition completed in the 1970's.
Using only these two sections of the building, the building is
expected to be fully occupied. The Committee has proposed that the
remainder of the building, the original 1940s school, will either
be renovated at a later date, demolished or locked off and not used
until further plans are finalized and money obtained for the reuse
or reconstruction of this section of the building. Regardless of
the option chosen, the entire property as it currently exists is
the subject of this rezoning application.
REZONING TO PUBLIC
The applicant is requesting a rezoning of the subject property from
R-6 Residential to PUB, Public. The structure has been used and
will continue to be used for pUblic purposes since it was built in
1941. Although a school is a conditional use in the R-6
Residential zone, the Public zone district is more appropriate for
the property given the sale of the building from the Aspen School
District to the City of Aspen for arts, cultural and recreational
purposes.
A rezoning is an amendment to the official zoning map. This
rezoning is therefore requested pursuant to Division 11 of the
Aspen Land Use Regulations, AMENDMENTS TO THE TEXT OP THIS CHAPTER
AND THE OFFICIAL ZONE DISTRICT MAP. This section of the
regulations require an applicant to address and the City Council
and the commission to consider the nine standards of review. These
standards are identified and addressed below.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
The proposed amendment to the official zone district map to
change the subject property's zoning designation from R-6 to
PUB is not in conflict with any portion of the Land Use
Regulations.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area comprehensive Plan~
The Aspen Area Comprehensive Plan calls for the Red Brick
School to be used for public purposes. This amendMent to the
map is not only consistent with the Plan, but is a step toward
insuring that the structure is preserved for public and
related appropriate uses in the future. The purchase of the
Red Brick School was approved by the voters of the city of
Aspen in a public election in August of 1992.
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The Red Brick School Committee consists of a wide variety of
community volunteers, both opponents and proponents of the
purchase, was formed soon after the election to address the
use and redevelopment of the building into an art and
recreational center. This committee appears to agree that the
proposed reuse of the building is consistent with the Aspen
Area Community Plan and with the electorate's intent of the
use of the school as approved in the public election on the
issue.
C. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposed use is compatible with surrounding zone districts
and land uses. It has been an even more intensive school use
in the past and was a permitted conditional use in the R-6
:(lone district where it is now located. Therefore, it is
considered compatible with the surrounding R-6 zone district.
Down the steep slopes to the north of the subject property is
a commercial area zoned (NC - Neighborhood Commercial and SCI
Service Commercial Industrial) with an SPA overlay.
Although they are adjacent to the subject, the uses found here
are much more intensive and are not really physically a part
of the immediate neighborhood. The subject property is
somewhat of a buffer between,the residential neighborhood on
three sides and the commercial uses to the north.
The neighborhood has been actively involved in the purchase
and reuse of the school building through various citizen
committees and public meetings. The Red Brick Committee was
established after the election in August of 1991 when the
purchase of the school was approved by the voters. This
committee is made up of a wide variety of people with
different concerns. The arts community, real estate
community, neighbors and opponents of the school purchase were
all represented. This committee has worked hard since its
conception in December of 1992 to come to agreement on the use
and management and redevelopment of the Red Brick School.
This rezoning is a first step to accomplish the redevelopment
of the building for use as an arts and recreational center.
The less intensive proposed use of the building as a
recreational, arts, cultural and public facility brings less
impacts than the elementary school did when it was operating
in the building.
D. The effect of the proposed amendment on traffic
generation and road safety.
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The proposed Aspen Arts and Recreation Center will at a
minimum be "impact neutral" in that it will have no more
impacts than the school use which has impacted the
neighborhood since its construction in 1941. In reality, the
proposed use will have substantially less impacts on traffic
generation and road safety.
The last year of operation, the school was used for
kindergarten and first grade classes and the school business
office. There was a total population of 250 including 230
students, ten full-time teachers, five special teachers, three
business office employees and two janitorial staff.
Approximately twelve buses dropped students off at the school
in the morning and picked up students in the afternoon. In
addition, it is estimated that fifty students were dropped off
and picked up by car each day. A large majority of the
faculty, staff and school board members traveled to and from
the campus by car, parking in the area behind the gym, in the
area behind the business office, along- the front of the
building on Hallam street and on Garmisch street. Regular
trash pick up as well as occasional deliveries and field trips
by bus generated some additional trips. The total number of
round trips to and from the school each day is estimated to
have been 160 vehicles trips per day. A similar level of
activity was going on at the yellow brick school diagonally
across from the site. In addition, extracurricular activities
occurred in the school gymnasium, which was utilized both by
students and members of the community. Barricades were set up
daily on Garmisch and Hallam to interrupt traffic in the
vicinity of the two schools.
The proposed use will generate from 23 to 48 employees under
the smaller design scheme (not using the original 1941 portion
of the building) and 55 to 90 employees if the entire building
is utilized. This range has been established first by
estimating the actual number of employees anticipated given
the proposed tenants and second by use of a national standard
for an office use which was applied to the entire building.
The actual estimated population is considered to be the most
accurate in determining the number of employees, therefore the
lower end of the range, 23 to 48 is the best estimate of
employees in the proposed arts and recreation center.
As the property is centrally located and easily accessed by
foot and by public transportation, vehicular trip generation
will be less than for a property with an inferior location.
We found no trip generation standard for artist studios or
recreational uses and therefore have used the low end of the
trip generation standard for office use: four trips per 1000
square feet of space.
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This shows 142 vehicle trips per day, less than for the school
use, even without considering the previous extracurricular
activities and the trips generated by the yellow brick
diagonally across the street.
There does not appear to have been any officially designated
parking on the school site in the past. Ken Smith of Smith
Associates Architects completed a study on the various
redevelopment alternative for the Red Brick School. He has
access to an original improvement survey of the school
property and no parking is shown. Historically the area to
the north and west of the structure has been used as a parking
lot. Approximately 35 spaces have been accommodated in this
area. Therefore, the applicant proposes to provide these 35
spaces for the 23 to 48 employees. The 20 to 25 on-street
parking spaces will be utilized for guests. At approximately
one space p~r employee, we feel this is sufficient, especially
since the proposed tenants, except for the recreational
programs, will not generate many visitors. Artist studios do
not tend to generate the need for additional parking. still,
the standard does consider client and visitor traffic. The
tenants of the building will be encouraged at the time of
signing a lease, not to use their cars, but to ride share,
walk and use the public parking garage two blocks (700 feet)
east.
The proposed arts and recreation center will generate less
impacts with regard to traffic generation, road safety,
parking and employee generation than the previous school use.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such pliblic facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, sChools, and
emergency medical facilities.
The rezoning to public will not result in increased demand on
pUblic facilities. The existing structure has been in
existence and the impacts are already accommodated within
current services. The change from school to public uses
should decrease impacts given the reduction in the on-site
population and the public facilities required to accommodate
them.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
The rezoning to pUblic and the new arts and recreation uses to
be allowed will not adversely impact the natural environment.
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G. Whether the proposed amendment is consistent and
compatible with the community character in the city of
Aspen.
The proposed rezoning is consistent and compatible with the
community character in the city of Aspen and in the
neighborhood. The proposed Aspen Art and'Recreation Center
use encompasses two of the stronger elements of the
community's character - arts and recreational activities. The
rezoning and new use of the building should actually enhance
community character.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neiqhl:lorhood which
support the proposed amendment.
The Red Brick School was sold by the Aspen School District
after the District planned and built a new elementary school
on the Maroon Creek campus. The purchase of the property by
the City of Aspen involved substantial public input. The
change in ownership from a school district to the governmental
entity is a changed condition which supports the rezoning from
R-6, which is more appropriate for a neighborhood schOOl, to
PUblic, a more appropriate zone for the proposed public, arts
and recreational use.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
The text amendment to rezone the Red Brick School to Public
and the redevelopment of the school into the Aspen Arts and
Recreation Center is not in conflict with the public interest,
but rather is strongly in the public interest. The rezoning
of a public building to Public is also within the purpose and
intent of this chapter of the Land Use Regulations.
TEXT AMENDMENT TO AMEND THE PTmLIC ZONE DISTRIC::T
The applicant proposes a minor amendment to the text of ..the Aspen
Land Use Regulations regarding the permitted uses in the Public
zone district. Therefore, in addition to the above discussed
rezoning, a second text amendment is therefore requested pursuant
to Division 11 of the Aspen Land Use RegUlations, AMENDHEN'rS '1'0 TEE
TEXT OF THIS CHAPTER AND THE OFFICIAL ZONE DISTRICT MAP. The
applicant is requesting the addition of a permitted use in the
Public zone district under Section 5-220 (B) permitted Uses. The
recommended language' is to add the following as permitted use
number 15 under this section of the Regulations:
"15. Arts, cultural and recreational activities."
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Although the arts related uses proposed for the Red Brick building
such as the non-profit organizations and the artist and writers
studios could be allowed in the Public zone without this amendment,
the applicant feels the amendment clarifies the arts and
recreational uses and removes any gray area in allowing different,
but related and appropriate uses in the future.
The artists and/or writers studios are the only proposed uses which
are "for profit". The bond documents for the City's purchase and
renovation of the Red Brick building are very clear in that they
require no more than five percent of the net leasable floor area of
the building to be occupied by such "for profit" organizations.
Ninety-five percent of the building has to be for public, non-
profit or governmental uses. Therefore this bond requirement
provides protection against the expansion of "for prOfit" uses
which may have brought greater impacts on the neighborhood at some
point in the future if not, strictly regulated. The Public zone
district itself provides another level of protection against a wide
array of uses which might bring more impacts. The purpose of the
Public zone district as stated in the Aspen Land Use Regulations
is:
"The purpose of the Publ,ic (PUB) zone district is to provide
for the development of governmental and quasi-governmental
facilities for cUltural, educational, civic and other
governmental purposes."
The above purpose of the Public zone mentions cultural, educational
and civic uses and the proposed amendment actually specifies
similar appropriate uses and activities. The applicant feels that
the proposed uses (arts, cultural and recreational uses) are within
the intent of the Public zone, and the amendment is to clarify the
applicable section of the Regulations by actually delineating these
uses in the list of permitted uses.
These arts, cultural and recreational uses are within the intent of
the zone district, but the proposed text amendment will also allow
the Public zone district to better accommodate the proposed uses at
the new Aspen Art and Recreation Center, the uses for which the
building was purchased.
Again, the bond documents will always restrict the number of
organizations which are not non-profit and will help govern the
uses allowed in the building. Along with the requirements of the
PUblic zone itself, the bond documents will help keep the allowed
uses within the intent of the Public zone and consistent with the
intent of the electorate when they approved the purchase of the Red
Brick School for publ~c, arts and recreational uses.
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AJ.though it may be somewhat repetitive, the same nine review
standards for the text amend~ent (rezoning) discussed above, are
applicable to this text amendment, the addition of an allowed use
to the Public zone district. These nine standards of review are
briefly discussed' below as they relate to this proposed text
amendment.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
This amendment is not in conflict with any portion of this
chapter.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area comprehensive Plan.
This amendment is consistent with all elements of the AACP.
C. Whether the proposed amendment is cOmpatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposed allowed uses, "arts, cultural and recreational
activities", will allow uses which are compatible with
surrounding zone districts (R-6 Residential, NC - Neighborhood
Commercial and SCI - Service, Commercial Industrial with an
SPA Overlay) and with surrounding land uses (residential, the
yellow brick school and commercial uses at the Post Office and
Truman Center).
D. The effect of the proposed amendment on traffic
generation and road safety.
As permitted use in thE! Ipublic zone, the proposed arts,
cultural and recreational uses will generate less impacts than
the more traditional pUblic uses allowed in the Public zone
district. No standards were found for determining impacts
from artist studios or recreational uses. Several experts
surveyed indicate that the low end of impact standards for
office uses best reflects the high end of impacts from such
arts and recreational uses. '
On the Red Brick site, at a minimum, the new uses will be
"impact neutral" in that they will have no more impacts than
the school use which has impacted the neighborhood since its
construction in 1941. In reality, the site will generate less
traffic and result in safer roads than the school.
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E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
The addition of the proposed uses does not change, but rather
clarifies the allowed uses within the Public zone. Therefore
these uses will not result in increased d.emand on 'public
facilities. The existing structure has been in existence and
the impacts are already accommodated within current services.
The proposed permitted uses will probably generate less demand
on public facilities than traditional public uses. The change
from school to the proposed public uses should decrease
impacts on the Red Brick site as well given the reduction in
the on-site population and the pUblic facilities required to
accommodate them. -
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
The addition of the proposed permitted uses in the Public zone
district will not adversely impact the natural environment.
G. Whether the proposed amendment is consistent and
compatible with the community character in the city of
Aspen.
The proposed text amendment is consistent and compatible with
the community character in the city of Aspen and in the
neighborhood. The proposed permitted uses and the new Aspen
Art and Recreation Center use encompasses two of the stronger
elements of the community's character the arts and
recreational activities. The new use of the building should
actually enhance community character.
H. Whether there have been changed conditions affecting the
subj ect parcel or the surrounding neighborhood which
support the proposed amendment.
The ,Red Brick School building was sold by the Aspen School
District after the District planned and built a new elementary
school on the Maroon Creek campus. The purchase of the
property by the City of Aspen involved substantial public
input. The change in ownership from a school district to the
governmental entity is a changed condition which instigated
this text amendment. The amendment is appropriate for the
entire Public zone district, but is most appropriate in its
application to the Red Brick site.
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I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
The proposed text amendment to add arts, cultural and
recreational activities as permitted uses in the Public zone
district is not in conflict with the public interest, but
rather is strongly in the public interest.
POD DEVELOPMENT PLAN FOR THE
PUBLIC ZONE DIMENSIONAL REQUIREMENTS
Section 5-220 CD) of the Aspen Land Use Regulations (Public Zone
District, Dimensional Requirements) states that
"The dimensional requirements which shall apply to all
permitted conditional uses in the Public (PUB) zone district
be set by the adoption of a conceptual development plan and
final development plan pursuant Article 7, Division 9, Planned
Unit Development."
Although this indicates that the only permitted conditional uses
are subject to the POD review, no dimensional requirements are
established for permitted uses in the Public Zone. Therefore, as
suggested in our pre-application conference, we have addressed the
POD section of the Code as a means of establishing the dimensional
requirements and parking requirements for the property. As there
is no new development proposed, but rather the Red Brick School is
proposed' for reuse as a public arts and recreation center, the
footprint of the structure is not changing at this time and the
dimensional requirements proposed will be consistent with what has
been in place since the building was constructed.
As the Public zone district uses a POD plan review only as a means
of establishing appropriate dimensional and parking requirements,
many sections of the PUD review are not applicable. We have
addressed only the standards which apply to the specifics of this
site and the proposed reuse of the building. All general
requirements are considered not applicable, though the subject
property complies with the general requirements of the PUD review.
The following addresses the applicable concerns.
Section 7-903 (B) (4) Dimensional Reauirements. The
dimensional requirements shall be those of the underlying Zone
District, provided that variations may be permitted in the
following:
a. MinimUm distance between buildings;
b' Maximum height (including viewplanes);
c. Minimum front yard;
d. Minimum rear yard;
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e. Minimum side yard;
f. Minimum lot width;
q. Minimum lot area;
h. Trash access area;
i. Internal floor area ratio; and
j. Minimum percent open space.
If a variation is permitted in minimum lot area, the area of
any lot may be greater or less than the minimum requirement of
the underlying Zone District, provided the total area of all
lots, when averaqed, at least equals the permitted minimum for
the Zone District. Any variation permitted shall be clearly
indicated on the final development plan.
Again, the Public zone district does not establish dimensional
requirements, so the applicant is proposing the following for the
Red Brick School site and the Aspen Arts and Recreational Center:
a. Minimum distance between buildings: 10 feet
b. Maximum height (including viewplanes): 25 ft
c. Minimum front yard: 10 feet (except 4 ft at entry)
d. Minimum rear yard: 15 feet
e. Minimum side yard: 5 feet
f. Minimum lot width: 60 feet
g. Minimum lot area: 6,000 square feet
h. Trash access area: See att'd survey
i. Internal floor area ratio: 0.75:1
j. Minimum percent open space: No requirement
These requirements have been developed from the dimensional
requirements in the city of Aspen's 0- Office zone district and the
adjacent R-6 Residential zone district, whichever was most
appropriate.
Section 7-903 (B) (5) Off-street parkinq. The number of off-
street parking spaces may be varied from that required in the
underlying Zone District based on the following
considerations.
k. The probable number of cars used by those
using the proposed development.
l. The parking needs of any non-residential uses.
m. The varying time periods of use, whenever
joint use of common parking is proposed.
n. The availability of public transit and other
~ransportation facilities, including those for
pedestrian access and/or the commitment to
utilize automobile disincentive techniques in
the proposed development.
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o. The proximity of the proposed development to
the commercial core or public recreational
facilities in the city.
Whenever the number of off-street parking spaces is
reduced~ the city shall oDtain assurance that the
nature of the occupancy will not change.
The Public zone district does not address parking requirements so
the applicant has addressed the parking section of the PUD review.
As discussed previously, it is estimated that 23 to 48 employees
will use the proposed arts and recreational center. Assuming each
employee has one car, the historical parking on-site should be
adequate for the new use and will be maintained for use by the
facility. There has been no officially designated parking on the
school site in the past. Historically the area to the north and
west of the structure has been used as a parking area.
Approximately 35 spaces have been accommodated, including
circulation, in this area. Therefore, the applicant proposes to
provide these 35 spaces for the 23 to 48 employee cars. The 20 to
25 on-street parking space will be utilized for guest parking or
any overflow parking needs. At approximat;ely one space per
employee, we feel this is sufficient, especially since most of the
proposed tenants will not generate many visitors. The artist
studios will not generate the need for additional parking. still,
the standard does consider client and visitor traffic.
Most cars will be arriving and' departing at the beginning and end
of typical work hours. The artist studios may have more flexible
hours which would decrease peak demand for traffic and parking.
As the building is centrally located and within a few blocks of the
public parking garage, the commercial core and neighborhood
shopping, many employees and visitors will be traveling by foot.
The city of Aspen's public parking garage is two blocks (700 feet)
east and is convenient for use by users,of the Red Brick Facility.
The use of the parking garage, pedestrian travel and other auto-
disincentives will be strongly encouraged through the management
and leasing operations.
The proposed Arts and Recreation Center will always be for public,
arts, cultural and recreational uses and the nature of the
occupancy will not change. In addition to the requirements of the
Public zone district, this is further guaranteed by the bond
documents for the financing of the building's purchase as only five
percent of the net leasable floor area can be rented to tenants who
are not non-profits. (See Attachment 3.)
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LANDOWNERS CONSENT
Attachment 5 is a letter from the applicant authorizing Davis Horn
Incorporated to prepare this land use application and represent
them in the land use review process. Attachment 6 is a city of
Aspen land use application form agreement.
ATTACHMENT INDEX
The following is a list of attachments:
Attachment 1: Vicinity Map - Aspen Arts and Recreation
Center Rezoning and POD plan;
Attachment 2: Red Brick School Building - Existing First
Floor Plan;
Attachment 3:
Letter to Dallas Everhardt,
Director, from bond council
bonds used for the purchase of
city Finance
regarding ,the
the Red :arick;
Attachment 4: Red Brick Committee memorandum regarding
recommendations for the Red Brick Renovation
and Management;
Attachment 5: Landowner's authorization for Davis Horn Inc.
to submit a land use application on their
behalf and to represent them in the land use
review process;
Attachment 6: Land use application forms;
Attachment 7: Pre-application conference summary sheet;
Attachment 8: Legal description and proof of ownership.
SUMMARY
This application has described the subject property, the proposed
use and requested approvals and has demonstrated compliance with
pertinent sections of the Aspen Land Use Regulations which were
identified by the staff in a pre-application conference. Please
notify us if we have mistakenly neglected to address any of your
concerns.
Thank you for your consideration and please call if you have any
questions or need further information.
16
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SECTION VI!
EXISTING FLOOR PLAN
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MEMORANDUM
AlTACH:!.ENT ~
TO:
FROM:
Mayor and council
Red Brick Committee
DATE:
February 9, 1993
RE: Recommendations Regarding Red Brick Renovation and
Management
The Red Brick Committee has met approximately eight times to
discuss and recommend to City Council a long-range program for the
Red Brick Building.
The Committee is made up of the following members:
Julia Marshall
Lee Ambrose
Jill Uris
Don Fleischer
Janet Garwood
Bill Martin
Joanne Lyon
Mary Martin
Janet Roberts
Katherine Lee
Bob Camp_
Staff support has been provided by:
Bill Efting
Ken Collins
Rob Thomson
Cindy Wilson
Amy Margerum
The Committee reached a consensus on the following key points:
* The Red Brick site should be used for arts, recreation and
compatible community uses;
* The parcel s.hould not be split or sold off for other
purposes or uses such as housing;
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* Management of both tenant relations and day to day
maintenance of the building should be by one entity;
* The City council should appoint an
review both the operational aspects
recommend capi tal improvements. The
provide feedback on programmatic and
would have no management authority.
advisory committee to
of the building and
advisory group would
operatiI:lg issues but
. Renovation
The Committee received a report from Smith Associates Architects
which presents four alternatives for renovation. The report is
attached as Appendix A. The four alternatives are summarized
below:
Alternative 1:
requirements.
Minimum upgrade to meet code and maintenance
Paved on-site parking lot with 35 spaces.
Alternative 2: Demolish the 1941 portion of the structure. Upgrade
and remodel the classroom and gym areas,' construct a new addition
of 6,000 square feet designed for an arts center, paved parking lot
on-site with 60 spaces, new landscaping.
Alternative 2B: Demolish the 1941 structure, upgrade the remaining
portion of the building to meet code and maintenance requirements,
reconfigure and renovate the floorplan to meet Art Council needs,
paved parking lot on-site with 35 spaces.
Alternative 3: Demolish the entire building and build a new 23,000
square foot arts and recreation center, create a paved parking lot
on-site with 60 spaces, new landscaping.
Cost estimates of the alternatives are:
Alternative 1: $1,425,106
Alternative 2 : $2,172,331
Alternative 2B: $1,287,138
Alternative 3 : $3,146,235
The Committee reached consensus not to support any of the first
three alternatives primarily because of the costs involved.
The Committee recommends the proposed renovation costs stay within
the $1,000,000 budget which the City has earmarked and should not
be dependent on fund,ing from outside sources. However, any savings
or interest earnings experienced by the City due to the delays in
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, this project would be appropriate to use for the renovation and
could increase the $1,000,000 budget.
Recommendation: After reviewing all four alternatives,
committee with the cooperation of the Arts Council recommend
city Council consider Alternative 4. Several factors support
reCommendation: , \_"
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1. Cost - The committee 'feels that we were challenged to
recommend an option which would most benefit the artistic
community for a $1,000,000 project.
2. Arts Council Needs - with the new configuration of rooms
in the newer section, most of the Arts Council current
needs will be satisfied.
3. Energy Efficiency - This alternative will provide the
community with a much more energy efficient building. .
4. Expansion - This alternative leaves room for expansion
of the art center at a future date.
5. Occupancy - The committee projects that this option would
allow the building to be functional approximately 1 year'
after the design team selection.
Manaqement
The Committee reached consensus that, property management and tenant
relations should not be segregated from building management.
Whatever group is responsible for managing the building should be
responsible for both the tenant relations (negotiating leases,
collecting rents, etc) and day to day building maintenance. The
Committee also agreed that regardless of who manages the building
there should be an advisory group appointed which consists of city
Council representation, citizen/business representation and Arts
COlincil representatives. The advisory group would be used for
feedback on programmatic and operating issues but would have no
management responsibility.
The Committee considered several management, options. The committee
evaluated management alternatives based on the following criteria~
Financial viability:
financial reports
standards;
will the management entity prepare timely
and' have clear financial goals and
Support of the Arts:
encourage the arts;
will the management entity support and
Who is the best organization to determine uses of building?
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Does the entity have property management experience?
The Committee narrowed the options to either management by the City
or by an outside board such as the Arts Council. The Committee
agreed that any management option chosen should be re-evaluated
after a year or sooner if problems arise. The committee was split
on which management entity they preferred, however all except one
member felt they could "live with" Arts Council management for one
year with a review. All agreed that they could "live with" City
management of the building with oversight by an advisory board.
In considering the alternatives the following assumption was made:
* The direct cost of managing the building was assumed to be
the same regardless of whether the City or the Arts Council
managed the building.
, .
C1tV Manaqement:
* If the City managed the building the City would hire staff or
contract for property management services including negotiating
leases and maintenance services. There would be an office in the
recreation area for staff or property management contractors. An
existing city manager(s) would oversee staff or contractors.
Advantages:
* The City has existing infrastructure (i.e. attorney
support, 1nsurance, management experience, personnel system,
financial system, etc)
* Financial reporting and accountability is already in place.
* More direct and timely accountability to the public.
* city Council would set goals for the building. Staff
reports to Council.
Disadvantages:
* City staff not as aware of arts groups' needs.
* City doesn't have a great deal of experience in renting
space and being a landlord.
Arts Council Manaqement:
* Arts Council would hire a director which would oversee the
leasing and building- maintenance aspects of the building (in
addition to other Arts Council duties).' Leasing and tenant
relations issues would be handled by the director. Building
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maintenance functions would be either contracted out or done by
, other hired staff. Staff reports to the Arts Council.
Advantages:
* Arts Council has good understanding of tenant needs and has
a mission to support and encourage the arts.
* May be the best organization to determine uses of the
building, however there is a concern that property management
will conflict with the mission of the Arts Council.
Disadvantages:
* Financial viability: the Arts Council will need to develop
a system for financial reporting. Reporting would be made to
the Arts Council. The community as a whole and the City
Council may have delayed access to financial information.
* The Arts Council as an entity does not have a strong
background in property management.
RECOMMENDATION:
The Committee would like to discuss the above options with City
Council and get feedback.
5
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Cit:y ...unci!
Approved
By Ordinance
thrhfMt: 15
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MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer e'fC-
Date: March 18, 1993
Re: Aspen Arts and Recreation Center (Red Brick School) - Rezoning, PUD
Development Plan, and Text Amendment
Having reviewed the above referenced application, and having made a site inspection, the
engineering department has the following comments:
1. Rezoning
a. Traffic generation and road safety - The Engineering Department agrees with the
applicant's statements on pages 6-8 that the proposed use should result in improved
traffic generation and road safety conditions.
b. Demands on public facilities - As per the application, rezoning should not result in
increased demands on public facilities.
2. Text Amendment - The application satisfactorily address the review standards, and the
Engineering Department has no comment on the proposed text amendment.
3. PUD'
a. Off-street Parking - It appears that the area proposed to be used at this time totals
21,800 square feet. Perusal of the Code requirements for off-street parking for
similar use zone designations shows a range of from 1.5 to 4 parking spaces per
1,000 square feet. The proposed 35 parking spaces would slightly exceed the
minimum similar requirement which would be 33 spaces. It is recommended that
a condition of approval be to paint the stripes delineating the parking spaces in
order to ensure optimum space utilization. It appears that if striping is at the
standard 8 1/2' space width required by Code, there could actually be 24 spaces on
the north side for a total 36 spaces on site.
It is quite possible that the 36 spaces may, in the future, prove to be
insufficient, and provision should be made at this time to anticipate that possibility.
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Future increased development on the site would probably require additional on-
site parking, and any apparent deficiencies in the current on-site parking proposal
should be remedied at that time.
(Should the Transportation and Parking Director be commenting?)
b. On-street Parking - The parking on the Garmisch Street frontage has historically
been unclear due to the lack of curb and gutter and signage. Any future
development in the public right-of-way at this location must be coordinated with the
Engineering Department.
The Garmisch Street right-of-way is 100' wide. It is recommended that the
applicant consider installing curb and gutter on Garmisch Street located to provide
head-in parking similar to other Gaf111isch Street parking such as at Paepke Park,
Molly Gibson Lodge, the Medical Associates, etc., as well as constructing a sidewalk
for pedestrian circulation. Street drainage should be addressed at that time. A
storm runoff inlet and extension to the stof111 sewer may need to be installed.
The on-street parking is available to the entire public and may not be
restricted to adjacent businesses or uses.
,4. Plat Comments
a. Establish and indicate easements for trail (14'), electric switchgear, and any
other utility pedestal or utility needs.
5. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
6. Given the continuous problems of unapproved work and development in public rights-
of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130). '
cc: Bob Gish, Public Works Director
Rob Thomson, Special Projects
M93.74
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MEMORANDUM
FROM:
Ki~ Johnson, planning Office
Tom Baker, ~~ffice
April 9, 1993
TO:
DATE:
RE:
Red Brick School Referral
SUMMARY OF REFERRAL COMMENTS: The Housing Office finds that the
proposed plan tor the "Red'l3rick School will have feweJ:" impacts in
terms of affordable housing than the historic elell\entary school
use.
Employee Generation - Based upon staff review, the Housing Office
finds that there are generally three uses being proposed for the
Red Brick: office, studio, and recreation. In terms of office
uses, we find that 3 employeesjl,OOO sf (net leasable) is an
appropriate generation figure. This is consistent with the
generation figures in the city's office zone. In terms of studio
use, we find insufficientinfo;m?tipn to dete~ine a generation
figure. Additional information about how and when a studio will be
used is needed. In te;msofrecreat;onaluses,we find that the
gymnasium and locker room ",ill generate less than 1 FTE. This
figure is derived from Recreation Department experience with the
operation of similar facilities.
According to the applicant and under the alternative which does not
utilize the 1941 section ,of the building, the applicant expects to
generate between 23 48 employees (p. 7 of the Land Use
Application) or between 21 - 28 employees (March 16, 1993 letter
from Alice Davis to Kim Johnson). ,Given that the gymnasium and
locker room portion of the building (8320 sf) will generate less
than one employee, then the remaining 13,480 sf will generate a
figure less than 30. This assumes that the studio us,€! generates
less than 3 employeesjl,OOO sf (netleasabie) and the 13,480 sf
figure must be revised to depict net leasable square footage.
The Housing Office concludes ~hat the applicant's ,21 - 48 employee
generation range is adequate and the actual generation will likely
be at the lower end of that range once additional information is
provided about net leasable space and how and when the studio space
will be used (based upon the option to leave the 1941 portion of
the school vacant).
Employee Credits - In terms of employee credits, the Red Brick
School has historically employed 24 - 30 employees, see attachment
1
ATTACH. 1
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MEMORANDUM
TO:
Kim Johnson, Planning Office
,
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cindy Wilson, Assistant city Manager ~JJ)J
FROM:
DATE:
Apri:i'6" 199~
Red Bri.ck School
Historical Number of E~ployees
RE:
I spoke to both Joe Tarbet, Aspen School District controller and
Barb Tarbet, Elementary S9hool principal to obtain information
regarding the number of employees in the Red Brick School building
in the past. They both confirmed that the number of employees in
the building for libout the past ten years have been about as
follows:
5 'administrative personnel
2 janitors
4-5 special teachers,
--12-teachers
24 - 25 total employees
Barb also noted that in 1969 there were 30 employees in the Red
Brick building.
If I can help you with this in any other way, please call me.
KIM JOHNSON, PLANNING DEPARTMENT
LARRY BALLENGER, WATER SUP
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MEMORANDUM
TO:
FROM:
DATE:
MARCH 8, 1993
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SUBJECT:
ASPEN ARTS AND RECREATION CENTER
The Water Department would request that the water service line into the Red Brick School be
properly metered.
Our Department inspected the Red Brick School building's water system this winter. We found
two water service connections that were not metered.
LB:rl
1ab9/redschool.mem.
nert L~ Segall
'Box 8642
A~pen, Co. 81612
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ApprOVed
By Ordinance
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4 April 1993
Dav is Horn Inc.
215 South Monarch Su i te 104
Aspen, Co. 81611
Attn: AI ice Davis
Re: Red Brick Rezoning
Dear Ms. Davis:
I am in receipt of your March 29 letter regarding the rezoning of
the Red Brick School. I must tell you that there is no support
from the residents for several bl()cks, The reason for thi,s is that
the school can be turned into an arts & rec center without the
rezoning process. If it is rezoned, it can be turned into
affordable housing, have a bus stop put in, etc. This is not in
the interest of the ne i ghborhood. nor wou I d it contr i bute to
keeping this a neighborhood. I can envision a future of excessive
vehicular traffic. followed by RFTA buses belching noxious deisel
fumes. Then when the whole project fails to support itself, the
city will turn it into affordable housing a la West Hopkins.
thereby de-valuing all the years I sacrificed to be able to afford
to live here and the same for all my neighbors.
With all due respect, I suggest that instead of accepting city
money for this rezoning project. you counsel the cl ty that they can
do what the voters want with the zoning just the way it is. I can
assure you that if this passes, the full financial resources of
this neighborhood wi 11 throw this into the courts and tie up the
whole project inawaythatwill make last fall's lawsuit lool< like
ch lid's play.
If you wish to discuss this before the meeting. feel free to
contact me at work, 920-1500 x209,
lOll l,.GO 1
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Robert L. segall
BOX 8642
Aspen, Co. 81612
1.3 Aprii 1993
city Planninq And zoning
Galena street
Aspen, Co. 81611
Attn: Jan Carney
Jan:
I unfortunately have a prior committ.mentart~ cannot attend the
meet.inq until about 5:45 pm. In case the lIIeetinq is adjourned
before then, please be aware ,that the neighbors, are very much
against the re-zoninq attempt.' The desired result" can be
accomplished by simply making a conditional use under the R-6
category.
There is already a provision for, lit sa,tellite dish which is needed
byKAJX and one can interpret the designation of pUblic school or
private academic school to encompass the arts center portion of the
project. Recreation is obviously ok, since there is an existinq
gym from when it was a school.
The problem with the proposed PUB zoning is the leeway the city has
if the project fails and the resulting de"'stabilisation of the
neiqhborhood while waiting for the project: to succeed or fail. At
least under the R-6 zoninq, we knOw that it is either an art & rec
center or single family housinq. We do not want the possibility of
affordable housing, a bus stop, a maintenance shop, public parkinq
faCilities, essential government facilities, essentially anythinq
under sec. 5-221 B.
Furthermore, havinq this meetinq at 4:30 when mOr;t of ,the neighbors
who live here full time, are still at work may render the entire
meeting invalid. It certa;nly does not serve the democratic
process by not allowinq for full paritcipation on the part of those
most af ected. Hopefully, I will see you at 5:45. Please try to
hol e q then.
re4aoa-.OO1
TOTFt.. P,01
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,FERENC BERKO
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PHOTOGRAPHY
ASP E N
COLORADO
e
P.O. Box 360
Tel. (303) 925-3398
5 April 9~
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Planning & Zoning COffilll.@on,
Aspen City Council,
l~o S.G~lena,
Asp en.
IIDP - 6 !993
Ladies ,and Gentlemen:
Since I shall be out of town to attend the Meeting on Re-zoning
Part of the Residential District to PlJD-6, I would Hke. to put
in writing my often expressed opinion that I am against any
Change of Zoning of the Residential Dist:rict i.n tp\,W\,st)llnd.
Although there are many good reasons - Financial, Parking etc.
against such a change, my main objection has always been,~s, is,
and shall always be purely one of principle; i.e. the Preservation
of the West End as a Reside~ntial Area.
Yours sincerely,
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?4/13/93 07:31 ~303 ~3967
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CAPLAN & EARNEST
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733 13th Street
Boulder, Colorado 80302
Apdll2, 1993
8m/: Via Te1ecopier. 910-5197
Ms. Jasmine'l'ygre. Chainnan
Planning and Zoning Commission
clo KimIolmsan
AspcnIPitkin. Planning Office
130 S. Galena Street
Aspen. Colorado
Re: Aspen Arts and Recreation Center (Red Brick School)
Dear Ms. Tygre and M~ oftb,e Board:
Please co~ider this letter which is respectfully submitted in ~ltion to the
proposed Map Amendment, GMQS Exemption and TeJtt Amendment to the Aspen Land
Use Regulations with respect to 1he Red Brick School.
My husband and I are the oWIlers of the. resldeI1ce .at.219 North M()IlaI'rh,
whidl is located two doors away and across the street from the Red Brick School. Durins
the more than 2Sycars that we have owned our residenc:e. of course. we have seen manY
changes in Aspen. Howevec, one thing that has endured for WI is the preservation ot the
residential character of our neishborhood. We fear that is endangered and would be lost
jf the proposed rezonini to Pllblic Zone District were to be approved.
. It is ironic, but a little over a year ago. we wrote to express concerns about a
proposal to allow f"11ming activities at the school. :In that l~er, we stated our worries
about the fact that these kind of COIDDJC!'Cial activities would alter thCl rCl8idc:D.tial clnu'actc2'
of our neighborhood. We mentioned the fact that the traffic \V()'\1.ldiA~is1 ~e,~
even beyond the increased level we have noticed in rOC:;.ent years. W edescribcd the fact
that our neighborhood bas already become overcrowded with parked cars, many owned by
employees who wort at Clark's Market or theothe: stores jUst down the hill or businesses
on Main Street. And, peIhaps most significantly, we predicted that the use would open the
door to future, similar activities. The following prophetic quote is from our letter of
Ianuary 9, 1992;
l)4/13/93 07:32
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'5'303 ~ 3967
CAPLAN & EARNEST
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Ms. Jasmine Tygre. Chairman
Planning and Znnlng Commission
Apr1l12, 1993
'Page2
The precedent in permitting a couunercial use, even on a
temporal1 basis, poses a dangerous tbreat ot authorizing
future simillJr uses. We see tbis as opening the door to
the potential permanent rezoning of the school property
to allow commercial activities to be carried on there. Bver
since the Scltool tiistIicfl:'i1-stamiouncedltsl1'lientionsf:()
vacate the property, we have been concerned &bollt.t'he
possibility that some use other than residential would be
sought. It the filming activities were allowed, even on
a temporary rczoWng basis, the precedent tor that zoning
will be set. '
A copy of our January 1992 letter is enclosed. It now apPears that the fictional Aspen
, "extreme" we feared then Is being proposed to become reality now.
It is our understanding that the narrowly-approved referendum authorizing
the acquisition of the school by the City was for "arts-related" activities. Although this is
not a term otprecise definition. it seems clear enough that It would not Include the broad
ranee qf permitted uses currently allowed in the Public Zone District, nor ''recreational''
actIvities as contemplated by the proposed text amendment. It seems fair to conclude that
"w-related" also did not contemplate the conversion of the school into effectively an
office building within our historic residential neighborhood, much less envision the
attendant daily traffic, parking, busineSf! invitees and other activities normally associated
with an office, which is really a c:ommercial-not residential-use. Schools are compatible
with residential ncighborlloods. Office buildings are not., Thus, the reason tor the
proposed re7.nn1ng. This contradiction in conventional wisdom and ,existing permitted uses
alone undermines the arguments for even considering such a change.
Some would say that rc::roning should be automatic, givc:nthe approval to
purchase the school. However, as mentioned, the'margin of the vote could hardly be
considered a mandate, nor can it fairly be deemed to be any approval by those who would
have standing to dictate what kinds of uses should be imposed upon those of UB who reside
in the vicinity . We would suggest that rather than expanding the teJtt of permitted uses
within the Public Zone District and attempting to completely rezone the School property to
fit the new defmition, that the City consider allowing for use by special review or
conditional UBe review, so that some precision as to the actual proposed U$e8 would be
04/13/93 07:33
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CAPLAN & EARNEST
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Ms. lasltline Tygre. Chairman
~ and Zoning Commil<lllon
April 12, 1993
Page 3
required to be committed to up front, and those of us most afCectcd.coul4 be collSidcrcd
and the impacts mitigated through the \lBC of conditions and other regulatory tools.
Under the proposed rezoning, no such detailed commitments or
restrictions as to use will be made. For eltllrnplc, we have heard that the classrooms may
be partitioned into offi~ tor various "arts-related" 1U)D-profit organizations. But docs
this mean that the City will have no offlc.e6 there? WUI City recreation leagues use the
gym tor all types ot indoor recreation activities?, Will the hOHJ'S()f use be, restrlc:tt4? 'Yill
parking be added, or simply allowed to tare for the already limited spaces on the street?
Will traffic to and from the building be controlled? Will M\iSic 'festival patrons continue
to be encouraged to take leisurely walks to and from the tent aloni Hallam by continuing
to close off the street in the SUl11rnet? ~ "ar~ bl1t,.~, !~wof ~,questlons and concerns
that need to be addressed and which c:ou1d I1ll)lc property be addressed by some type of
conditional, preciae review, rather than by a sweeping rezoning as proposed.
We respectfully urge you to disapprove of this proposed rezoning and
preserve the residential character of our neighborhood.
Thank you for your consideration.
y, ~
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Bill Light.' , ?
04/13/93 07,33
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CAPLAN & EARNEST
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133 - 13th Street
Boulder, Colo~ado 8030~
January 9, 1992
Sant Via ~elecoDierl 920-1890
To Whom It May Concern
0(0 Ms. KAthy Lee
Aspen. Colorado
Dear )fs. Lee:
We are the owne~s of tbe residence 10~tedat 219 No~~h Monaroh, Aspen,
which we have had formore.thaJl 25. years. Our house 115 located two doors
away and aorosllthe st~eet f~OIII. tb.~rlld.br,iok (former) elemelltary sohool.
Our neighbor, Hr. Berko, has brought to our daughter's attention the faot
that a temporary rezonillg of the sohool property is being oontemplated
that would allow commercial film operations to be oonduoted there ,for a
period of at least six months. Even though we are presently out of the
country for a t1me, are oonoerns about 'this potential use of the
neighboring property are so signifioant that we have authorized our
daughter to forward this: letFeJ:on o\lr j:ahAlf to you with the
understanding that you will,in turn, submit it to the relevant City
board.
It is our understand1ng that a oompany plans to rent and use the ent1re
school And property for the filming. We assume that, among other things,
this will mean that the traffiq 1,n. 8,ndaroti.nd the s(:'hoql will 1noreue.
dramatically, not to mention the large number of tr~oks and other vehicles
that will be associat;ed .,.1th thl?filming aotivities. Our nei<]hborhoodis
already overorowded with pa.t'ked cars. On any given day, one has
difficulty finding a parking plaoe anywhere along Monaroh or Halla~ in our
neiqhborhood.
A8 you know, our neighborhood is entirely residential. Many of the
residents occupy their homes year-round. In our oase, S1noe our
retirement, we have spent more time eaoh year in our home. OUr oocupan.cy,
toqether with that of our children and grandohildren oomprises a
signifioant portion of eaoh year, espeoially the ski season. We are
oonoerned that o~eroial fil~ing aotivities will enti.t'ely alter the
residential oharaoter of our neighborhood. Filming will likely not be
confined to the daytime hours inside the building. Even if it. were,
signifioant addit10nal noise 1s likely to be generated. If nighttime
filming oocurs, then it most surely will result in noise during that;
period. but also in tbe use of briqht, disturbing lights.
We appreoiate that the filming ie apparently planned for a six-month
period. However, the preoedent in permitting a oommeroial use, even on II
temporary basis, poses a dan<;lerous threat of authorizin<;l fUture similar
uses. We see this use as open1ng the door to the potential permanent
04/13/93 07:34
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rezoning of the sohool property to allow commeroial aotivities to be
oarried on there. Ever sinoe the Sohoo1 Distriot first announoed its
intentions to vaoate the property, we ~ve been concerned about the
poeeibi1ty that some use other than residenti;ll would be sought,. If the
filming aotivities were allowed. even on a temporary rezoning basis. the
precedent for that zoning will be set.
We oannot imagine that there are not some other bui~dings that would be
equally if not better suited to the type of filming being contemplated.
It _at be a8sullled that the building Was ohoean, in large if not full
measure. because of its looation and the attraotion Aspen has to so m/my,
including those whose careers involve the tilmindustry. This type of
oonvenienoe to a few, however, should not override the substantial,
domestio interests of those of us who are the impaoted homeowners ,and
residents.
Please preserve the residential character of our historic West End
neighborhood. and turn down this ill-advised request. Thank you fcr your
oonsideration of our continued peaceful and quiet enjoyment of our home.
Sincerely,
Joan and Bill Light
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\ 21ty Council:Sxh1.bit
ApprOved , 19
By Ordinance
.'
Aspen Arts and Recreation Center
Map Amendment for Rezoninq from R-' to PUblic (PUB):
Pursuant to section 7-1102 the standards of review for an amendment
to the Official Zone District Map are as follows:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: There are no conflicts with the zoning code.
B. Whether the propqsed amendment is consistent with all
elements of the~spen Area Comprehensive Plan.
Response: The ~spen Area Community Plan set forth goals to
maintain and enhance the balanpe between ,res()rt fU,ncti()ns a,nd
community oriented functions. This slteprovides an opportunity
to serve the local,community as well as,our~()urist populations by
supporting arts and recreation functions, which are central to
Aspen's 20th century heritage. As mentioned earlier, .the AACP also
specifically addresses the purchase of the school building and its
rezoning to Public.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts arid land uses, considering existing
land use and neighborhood characteristics.
Response: currently the zoning on the parcel is R-6, Medium
Density Residential. As a public school, the use was considered
a grandfathered conditional use. Activities associated with
schools include intense daytime use, two peak traffic periods per
day, and occasional night functions. The proposed Center use will
lessen peak traffic impacts and lessen daytime noise significantly.
Recreation-oriented night functions will probably remain at the
same level.
D. The effect of the proposed amendment on traffic generation
and road safety. '
Response: city Engineer Chuck Roth comments that the proposed use
should result in improved traffic generation and road safety
conditions.
E. Whether and the extent to which the proposed amendment'
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
Response: No increased demands will result from the rezoning. In
fact, the community's public facilities will be augmented by the
new recreation facilities.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environmel1.t.
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Response: The site and the neighborhood are already developed.
No new square footage is proposed with this application, so this
condition does not readily apply.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
Response: The proposed rezoning to Public is consistent with the
historic public use of the site as a school and is considered
"impact neutral" to the surrounding area. Any changes to an
approved PUD Plan must receive approval through appropriate land
use reviews.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
Response: The most important change
voters approved the purchase of the
recreation purposes. This mandate
current R-6 residential designation.
for this
site for
requires
parcel is
community
rezoning
that
arts
from
the
and
the'
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
Response: The Red Brick School Building will be a valuable asset
to the community by providing a hub for the arts community, which
is a large part of the cultural fabric of Aspen.
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RECORD OF PROCEEDINGS
PLANNING & ZONING COMMISSION
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ApprOVed
By Ordinance
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APRIL 13. 1993
Chairlady Jasmine Tygre called meeting to order at 4:30 PM.
Answering roll call were Tim Mooney, David Brown, Sara Garton,
Richard Compton, Bruce Kerr, Roger Hunt and Jasmine Tygre.
COMMISSIONER COMMENTS
There were none.
STAFP COMMENTS
Diane informed Commission ,<?!1, l4'o,J:"kse~si<?!1 ,with, loc:~l planning &
Zoning members on May 2nd from 9:00 to 3:00 in Glenwood. Memo is
forthcoming on this.
PUBLIC COMMENTS
There were none.
ASPEN ARTS AND RECREATION CENTER
(R.ED BR.:J:C:KIR.EZd1tt'NG
TEXT AMENDMENT
Jasmine opened the public hearing.
Kim made presentation as attached in record.
Alice Davis, Representative for applicant: What the committee has
recommended and Council has not accepted is to use everything but
the 1941 portion of the building which is effectively 22,000 to
35,000sqft. Council is trying to decide whether they want .to
mothball it, tear it down or re-use it. Right now they are ~ooking
at 3 bids to look at all three options. They really haven't
decided what they want to do with the older section of the
building.
Kim: The Engineering Dept comments that he feels the rezoning will
have improved impacts on traffic generation and road safety based
on the previous use of the school and the necessity to block off
streets and manipulate the traffic pattern because of the small
children involved,dyring the daytime. He also feels that the 35
parking spaces should exceed the minimum requirements for similar
office uses.
Tom Baker from the Housing Office commented that the information
that we got from the school district indicated that 24 to 30 full
time equivalent employees have been stationed at the school
building when it was a school and that the application information
depending on the different ~ypes of generation calculation process
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indicates that 21 to 48 employees full time equivalent could be at
the school. He believes the employee generation will not exceed
that of the former school use.
Jasmine: One of the things I am having trouble coming to grips
with in this application is what exactly requires the rezoning to
Public as opposed to the text amendment for the arts, cultural and
recreational activities? Why do we need to zone this to Public and
then why do we need the text amendment and why do those have to be
2 separate things.
Kim: The AACP set a goal to rezone the building to PUblic. Public
funds purchased the building for public use. The contemplated uses
being arts, recreational and cultural are typically public oriented
uses that a lot of other communities already have listed under
their Public Zone District.
The Aspen Public Zone District specifies recreational facilities
and performing art center--neither of which we, felt on their own
or in combination really encompassed the proposed non~profit users
and art support. Aside from performing arts ~spen wanted to
provide something slightly different when it was put to the vote.
Planning staff looked at those uses that are currently in the
Public zone district and said "Could we realistically and honestly
be able to make interpretation that non-profit arts related office
uses accessory to the recreation uses which are fairly straight
forward--we would be able to make an interpretation that those uses
fall under the categories already listed in the Public zone?" We
feel that that was not possible and that we would apply a new
permitted use which is a little more broad--arts, cultural and
recreational activities.
Jasmine: The parcel should be zoned Public because it is a pUblic
use and was acquired by pUblic funds. But the Public zoning itself
would not allow some of the specific uses that are contemplated for
this building. So you need the text amendment.
Kim: Right.
Jasmine: That would affect other public zones too.
Kim: True. There are 12 .other Public zone parcels including City
Hall, Fire Station, Courthouse Building, Ice Garden. Potentially
someone could propose to put a roller rink in the basement of city
Hall.
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Diane: I think what we are proposing is appropriate and certainly
fits within the purpose of that Public Zone District. We just
wanted to make it a cleaner fit.
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Jasmine: I am just questioning what effect it might have on other
Public Zone Districts if you make this a permitted use.
Diane: I don't see it being radically different from what is
already on that list. I don't see it as a potential problem.
Bruce: The answer to Jasmine's concern is that it is something
that is reviewed and it is not as of right.
Kim: structural changes to an existing facility have to be
reviewed by pun plan criteria.
Davis:. 'Nationally arts related arid recreation related uses are
extremely common in the Public Zone.
Roger: I look at arts, cultural and recreational activities as
being more generic than performing arts center recreation center.
Should we not remove performing arts center and recreation center
};>ecause they are covered by arts, cultural and recreational
activities. I am looking at simplifying this thing.
Bruce: If you look at that section of our code the dimensional
requirements--it says the dimensional requirements which shall
apply to all permitted conditional uses etc etc--those are both
terms of art and'they should be mutually exclusive but yet they are
used together there. So I don't know whether that is talking about
permitted uses or conditional uses.
Kim: I think it is a typo that there is the word "and" was not in
there.
Bruce: If the word "and" is in there then I understand it.
Davis: It is not in the code. It was codified without the "and".
Diane: The "and" should be there.
Bruce: We should do this as part of this process.
Kim: So we will be deleting #6 and #10. We have talked about the
lease discussions includ~ ho~ individual arts are being reviewed
or qualified to be on here. '. '
Cindy Wilson: It is vague at.this point because what will happen
is the City is working on management agreement with the arts
council. And the arts council will then with the City set the
specific criteria. There will be general criteria ~hat will be in
the lease between the City and the Arts Council that would have to
be met. There will be criteria set as to who the building will be
leased to.
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REZONING FROM R-6 TO PUBLIC
Bruce: What would your response be as to the down side of doing
some of the things that are proposed by the neighbors ie leaving
it R-6 but creating the use that we want the building as a
conditional use in that zone.
Kim: staff considers that an interesting alternative. But one
thing that is of concern to us is the scheduling of the process.
We have gotten underway with the process of proposing to rezone it
to Public in accordance with the Aspen Area Community Plan
recommendation.
We were discussing the option with Jed and he says that it is not
uncoIlUflon to have the Public Zone encompass these types of uses. .
Diane: I think that this location and it's use and where it is
situated is appropriate for Public.
Bruce: The rea,son the school has always been there is that schools
are conditional uses in the R-6 zone.
Davis: The whole community plan said "Buy it with pUblic money and
use it for public uses and rezone it to Public".
One of the complaints from opponents to' the rezoning in the
neighborhood is that they are worried that it is going to change
to affordable housing. Public Zone is definitely much more of a
safeguard against that than leaving it residential because that is
a much more likely scenario to go from R-6 to affordable housing
than from Public to affordable housing. We have absolutely no
intention of using it for affordable housing.
Bruce: This property is encumbered by things other than the zoning
that we put on it--whatever that zoning is. It is encumbered by
the conditions of the vote that the pUblic took and the conditions
that that placed in this property. So I don't think we need to
worry unnecessarily about some potential uses that are out there
just by virtue of the fact that there is Public Zone because the
property is encumbered legally by the conditions of that vote.
MOTION
Roger: I move to recommend to City Council the map amendment to
rezone the former school site known as the red brick school site
from R-6 to Public. I further move to amend the text to include
arts, cultural, recreational activities buildings and' uses asa
permitted use in the Public Zone District and deleting Performing
Arts Center and Community Recreation Facilities from that same
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list.
Bruce seconded the motion with all in favor.
PARKING AND GMOS EXEMPTION
AN ESSENTIAL PUBLIC FACILITY
Kim: In regard to not using that paved area behind the school for
parking--recently the City adopted a code amendment to allow unused
parking spaces in the LTR Zone for public parking uses on
conditional use review by the Commission. I think that consistent
with that concept is if you have space available for parking to
alleviate overflow parking or parking pressures in the surrounding
neighborhood that staff feels that using that ,area for parking is
not contrary to the City's recently adopted code amendment for a
different zone district to try and utilize those spaces that are
available.
Roger: This area is included. in the ,area for residential parking
permits. I think iti$ essential to have parking for this facility
that is outside of that permit zone because of the nature of what
will be going on in this building.
( It is not that the people will not be able to use the on street
parking but it is going to be considerably restricted for them.
So I think this parking plan is really essential for the success
of the Arts Center concept here. And I think it probably should
be signed for people using the arts center building. It could well
become a free parking lot if it wasn't ,indicated that it was
restricted for users of that building.
Julie?: Regarding drop off parking-~because of the residential
permit Hallam Street near the gym could be a 20 minute dropoff
parking for people taking their kids to the center because I think
if you don't provide that they are going to double park or do
whatever it takes to drop their kids. '
All Commissioners were in favor of this suggestion for dropoff
parking.
Roger: I would recommend it to the Transportation Director.
David: When we make a motion I would like to encourage required
landscaping around the parking'lot. It is almost a green belt back
there and I think it would go a long way to soften the impact of
parking.
As far as GMQS goes I tend to disagree with the application saying
that there is no need for housing mitigation on this site. The
schools both when they were here ~nd then located out to the school
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campus did not mitigate their housing requirement for educational
employment stating that those were jobs that were already in the
community.
That probably is so. The schools had employees in the community.
This, in essence, is creation in use and for them to say they are
not creating new jobs and then to say "Well now the space is here
and we are not creating new jObs"--
Jasmine: Sort of like double dipping.
David: Something like that. But I don't buy it. I agree with
what Julie has said. I think the arts are a huge part of this
community. The arts are probably as much a reason this community
exists as sports and recreation. But I think people who are in the
arts whether it is for profit or non profit are as much in need of
finding a place to live as anyone else. And I think that this will'
be creating new opportunities if only indirectly. So I can see a
real, need to, if not go through the whole GMQS process, at least
provide some housing mitigation.
(
Davis: This GMQS exemption is actually not required. The only
time you need a GMQS allotment is if you are expanding new area,
making new space, which would create the impact for employee or
parking. The reason that the school didn't provide the housing
when they expanded the new space is because they' were exempt from
local review.
This is technically ,md legally by the code. We don't have to
provide anything because it is not an expansion. There is no new
square footage.
Jasmine: But it is new usage.
Davis: But they usually don't have to go through GMP and get an
allotment for change in use. Technically there could be an
argument that we should have to go through the change in, use
process to deal with the impacts. And that is why we figured the
best avenue to accomplish it is this GMQS exemption.
Another way to look at it is the employee impact moved from the
school to the school. The existing uses that are around the
community now are also existing. It is not like new arts people.
David: I know when we did the day care center in the yellow brick
school that came up. with the change in use, how are you going to
mitigate your employee housing because there are new jobs and
indirectly if somebody is coming from another office space of some
kind, some other tenant will occupy that office space. There won't
be any mitigation for that.
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Davis: Also--change in use--this has been a public use for 100
years. So it is not technically a change in use either. I don't
think that we need to address employee mitigation technically
through the code. We want to do what we need to do but we also
think that we have proven that there are no new employee impacts.
Jasmine: I think what David is saying is that there are new
employee impacts and that it ill-behooves the city to try to worm
out of mitigating for that.
Davis: Except that the cOde--even Tom Baker in his memo says there
is really not an avenue to ask for it.
David: What would be the down side if we did not approve GMQS
exemption?
Kim: We would have to compete for square footage under Growth
Management. That is what GMQS exemption means is that you do not
have to co~pete.
Richard: There is no square footage to compete for--
MPT
Kim: That Grow~h Management Exemption for. essential public
facilities criteria provides for Council to determine that no
mitigation may be required--a part or all mitigation. So exempting
from the competition is one thing which I agree I think that
without creating new square footage competition doesn't serve any
use or purpose. Mitigation factor is another issue and whether you
want to forward a recommendation to Council one way or the other
about mitigation--what we tried to establish in the memo is that
it is a neutral impact as far as employees from the school use to
the proposed use.
Tim: I think you could quantify it because 5% of the building is
going to be for profit. I think it behooves the management of the
Center to rent for a limited period of time so that there always
is a turnover of young artists and there always is a new
generational-type artist movement that has opportunity to have
space in town. I think that generates new activity--new groWth.
I think that there is going to be impacts especially with housing.
,We are creating a new venue for people to become prominent artists
and we want to turn over these prominent artists as they get better
and better seeded in the community and they are selling more works.
They should move out and someone else who is young and new should
move in.
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Richard: I consider arts activities as essential as our 3-R public
education in this community so that it is as essential to the
community as anything else. And that there wouldn't be the demand
for the space if it were new e~ansion space for the arts groups.
It is essentially replacement space that the old community center
served as a major center for arts and recreation. They had a room
for lectures, meetings, aerobics, the big meeting room over there
so that r see this facility as being replacement for that.
Groups used to have their office in the Wheeler before it was
remodeled ,which included Grass Roots and I don't know who all else.
At one time at the end of the 70's when there were fewer kids in
the school system, the Writer's Foundation actually had it's office
right in the red brick building. So I don't see this as anything
but consolidating groups that have been scattered and are being
driven out of existence by the market prices. I favor GMQS
exemption.
Jasmine: I think Pavid's concern which I share to a great extent
does not really affect whether or not the exemption is granted.
I think what you might want to do is if you feel as I QO that
somewhere along the line there are more people that have been
accounted for in terms of mitigation of impact., , That might be a
separate motion as a recommendation to Council that you might want
to make but it doesn't really affect the exemption.
We might want to recommend that despite the fact that this is an
exemption that in some people's opinion on the Commission that
there are in fact employee generations that are not taken into
account and that we would like to see the Council mitigate.
Sara: If GMQS exemption is passed here tonight--
Jasmine: They don't have to compete.
Sara: But the only reason they are asking for it is so that they
don't have to mitigate.
Jasmine: They don't have to compete.
Sara: No. They don't have to compete because they are not asking
for any additional footage. They are alilkingfor exemptions so they
don't have to mitigate. Right?
Davis: If we are denied the GMQS exemption we still don't have to
compete because we are not expanding FAR.
David: I heard Kim say something dIfferent than what Alice was
saying.
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Kim: Alice hit it on the head in that if we were creating new
space it wouldn't be a doubt whether or not this is a required
action. But staff wanted to cover the issues of whether or not
this was "new space". I think Richard equated that it is' not
really new space especially for this set of users. But I think the
city would be hard-pressed if they were required to be paying
mitigation requirements if P&Z and council agrees that there are
X number of new employees generated above and beyond previous use
encompassing the other users as they are about the community now.
So it is going to have to be an issue that Council is going to have
to make it a financial issue.
Davis: You do not have a legal avenue in the code to require these
mitigations. The only way you get the GMQS is if you expand. And
we are not expanding. If we were a private user going in and we
were using existing space we do not have to go through Growth
Manaqement. The second is a change in use. This is technically
not a change in use. '
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So I think the bottom line that you need to think about is that
given the fact that you don't have a legal avenue to request this
do you believe that the impacts are neutral? We are going to have
around 30 employees and they had around 30 employees in the past.
So we think it is impact neutral. And it certainly is less
impacting from other perspectives too--trip generation from when
it was a school.
David: If we deny GMQS Exemption what is the down side?
Kim: If you found that there were additional employee impact and
you wish to deny this, this project would be required to--
Davis: Mitigate employee housing which probably means they would
take West Hopkins or some project and say "OK these 3 units are for
this project"~ I don't know what they would ,do.
Sara: Staff recommended that GMQS be part of this application
simply because they knew mitigation might come up.
Kim: We wanted to be able to provide an avenue to look at the
mitigation because we knew that someone was going to bring up all
the employees that will be occupying that structure. We wanted
this discussion to forward on to Council.
Jasmine: What I am uncomfortable with is we don't know exactly
which uses are going to be in this building. We don't know whether
this is going to be use neutral. I don't feel comfortable signing
off on it.
With the Ritz and other, hotels we have provisionary period where
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we review them after a year or two of actual uses. It is well and
good to have an of these statistics from other parts of the
country but if they don't really apply to this particular building
and the way it is being used I don't thin~ we are fulfilling our
responsibility to the community.
Davis: I don't think you have the avenue to require it even if you
did find that it was an impact. '
MOTION
Roger: I move to recommend to' Council GMQS Exemption for the
facility as an essential pUblic facility. However the Commission
has identified an area of affordable housing which it believes
should be identified for mitigation. It is the Commission's
recommendation to Council that this be satisfied by providing
housing created to mitigate as if this were a new project and meets
affordable housing guidelines.
David: I would add provide landscape screening of the parking area.
Roger: Would you recommend to city council that they take this out
of existing housing stock?
David: I recommend that they not take it out of existing housing
stock b~t that they create new housing stock.
Roger: Then this is a motion that I can't support. I withdraw my
motion.
MOTION
Bruce: I move to recommend to city Council GMQS exemption for the
facility known as the Red Brick School Building as essential pUblic
facility subject to the conditions of the J:'la.rining Office memo
dated April 13, 1993.'
Roger seconded the motion.
Roll call vote:
Tim, no, David, no, Sara, yes, RiChard, yes, Bruce, yes, Roger,
yes, Jasmine, no.
Motion carried 4 to 3.
MOTION
Roger: I move to approve the special review of parking for the Red
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Brick School site in the Public Zone District with the conditions
on the Planning Office memo dated April 13, 1993 and with an
additional condition that the parking shall be screened along the
north face and recommend to the Tr~nsportation/Parking Director to
consider a drop-off zone along the front of the gymnasium area.
And that at the entrance of the striped parking area that it be
signed for users of the facility.
Bruce seconded the motion with all in favor.
MOTION
David: I would like to make an additional to recommend to Council
to consider providing housing opportunities created directly or
indirectly by changing the use of this facility from educational
facility to an ~rts and recreational center.
Richard asked for clarification. Is that specifically for the use
of the tenants or just in general?
David: In general. To consider creating housing opportunities to
help mitigate housing required or made necessary directly or
indirectly by the change ,in use from educational to arts and
recreational even though both are within the public use.
Tim seconded the motion.
Jasmine: You would like to have them do this regardless of any
body count?
David: Regardless. It is a philosophical thing. Technically
there may be no need for it. However I think that film fests, even
though it is a short term thing, every year it creates activity.
And I think a lot of people come to town that don't necessarily
stay in hotels. KAJ}{ may only have a couple of employees. I think
a lot of these other entities--this is the roster this week. Next
week it may be something completely different. I can envision
where there might be more people working per thousand in this
building full time--potentially 100 people working full time in
this building at some point in time. And I think that directly or
indirectly there is housing needs created by the change in use that
we have done today. And I would like to encourage the pUblic
sector to put the money where their actions are.
Roger: I don't see any great creation of bodies because of the
change in use of this building. I do see an indirect community
wide deficit created by possibly the school justifying not creating
sufficient housing for it's new facility on the basis that it
provided here. And! think if you could identify that in your
motion that there is nothing new here but there was a deficit
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created by the move of the school and it's--
David: That's what I said--"by the change in use of this facility
from educational to arts ami recreation".
Roger: But I would like to get a more specific that the school
district didn't provide sufficient housing for it's new facilities.
David: What he said.
Davis: Even though I don't agree with the motion I think that
legitimizes it because change in use by definition in the code.
Jasmine: I think that one of the things that concerns us is the
lack of accounting of these things. Because it has been exempted-
-because you don't have to specifically mitigate this particular
project somehow the question of the need for certain amounts, of
units seems to disappear. And I think this is part of the reason
we seem to have much more of a housing question than anyone wants
to admit. And it is a combination of things. It is partly the
fact that the school did not in fact mitigate for their movement.
I think David',s point as well is true. These people may not be for
profit employees but they are competitors for housing and for
commercial space. That has to be taken into account. This is Why
I think it is important for us to have some kind of account of
bodies. We really have to know how many people we have to provide
for at certain times of the year. And what should we be doing
about it.
Davis: This would not be treating the City as you would a private
applicant. And maybe that is justified too. But one example is
what if a private school came in and bought the school, converted
it to a private school, created 100 employees. They wouldn't have
to mitigate because if they didn't expand and it is not a change
in use. So a private user would not have to mitigate so why put
it on the City?
Jasmine: That is another loophole that we have to be considering.
I think more than anything else what David is trying to accomplish
with this is to say to the city "These are things that we re<;llly
have to consider that we don't have,mechanisms for coIlsidering now
but we know that they are affecting some of the problems that we
are having and we want you to take a look at them".
David: Another thing that comes to mind is one of the reasons I
was hoping it would be a condition of all of our approvals is the
proposals for the Kraut property included artists studio, loft,
housing opportunities above a work space. Having gone through this
and seeing the amounts of asbestos that this building has and the
state of the structural facility being as decrepit as it is that
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to do that sort of a use of this site, would that make this a
better project? Would it make it more appropriate for non-
profits? Would it make it better for the artists and the non-
profits that are there to have some ,sort of housing incorporated
in the project? I think it would. So I am just encouraging
council to move in that direction either on this site or elsewhere.
Tim: Is this 5% or 1,700sqft going to be new commercial space or
isn't it? '
Davis: No.
Tim:' Why not?
Davis: It is using existing space. Existing square footage. And
it wasn't commercial space before.
Tim: Right. It has never been rented out for studio space.
Davis: I still see it as an arts and, r~creation center. And any
use that goes in there is public related arts and recreational
related. By definition of the co~e new space is new square
footage.
Kim: It is more of a change in use than new commercial square
footage.
Tim: But it was never on t~e market before.
Davis: Maybe that component of the project is a change in use.
But still we are not technically a change in use by the code. So
we would be doing it because the City is the applicant and they are
being good guys, not because it is anywhere, found in the code.
David: We are all good guys and we are all the city. We all have
a philosophy that says there should be mitigation.
Davis: The Council is not only the reviewing body but is deciding
as the owners.
Jasmine: That is what the motion is all about. David wants them
to consider that mitigation.
Tim: I think it'is wise because there is a catch 22 to this.
Richard: I consider it superfluous, I think we need to find some
bigger tools to deal with this.
David: One--we don't need new source of funds because there is a
million one in transfer tax that is not being spent ev.ery year now.
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The city hasn't created more than 11 units in the last year. With
any luck they will create about 6 units this year. It is just not
living up to production plan, the Community Plan or any previous
housing production plan--the Housing Authority or,the city. So I
am just encouraging them to act in a direction that is consistent
with previous intent programs that are required of private sector
developers and entities. And because of a loophole in definitions
they are not required to do it but I think in good faith it would
be a nice thing for them to do.
Jasmine then called the question.
Motion passed with a vote of 4 to 2.
Jasmine then adjourned the meeting. Time was 7:05 PM.
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ApprOVed ,
By Ordinance
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,AFFIDAVIT OF PUBLIC NOTICE
OF APPLICATION FOR DEVELOPMENT APPROVAL
(Pursuant to section 6-205 E. of the Aspen Land Use Regulations)
State of ColQrado)
) SSe
City of Aspen )
follows:
The undersigned, being duly sworn, deposes and says as
I~ Alice Davis being or representing an applicant before city
of Aspen, personally, certify that Public Notice of the application
for the Red Brick School was given by mailing notice of the public
hearing before the Aspen City Council to all property owners within
300 feet, of the Red Brick School. Also, notice was posted via a
sign containing the information,required in Section 6-205 E with
such posting in a conspicuous place (as could be seen frOlll the
nearest public way). Posting and mailing occurred on April 22,
1993.
Applicant:
city of Aspen,
owner Red Brick
By Qil~ ~
Alice Davis -
The foregoing Affidavit of Public Notice was acknowledged and
signed before me this 30 day of April, 1992, by Alice Davis on
behalf of the city of Aspen.
WITNESS my hand and official seal. ,
. My Oommi.si~ expire.';/.f.~
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MEMORANDUM
TO:
Mayor and City Council
Amy Margerum, city Manager
Diane Moore, City Planning
Direct~
THRU:
THRU:
FROM:
Kim Johnson, Planner
DATE:
May 10, 1993
Text Amendment for the, pU})l,ic: Zone" District to allow
"Arts, Cultural and Recreational Activities, Buildings
and Uses" - Second Reading of Ordinance 21, Series 1993
RE:
SUMMARY: The Planning and zoning commission recommends approval
of the proposed code amendment which expands the permitted use list
in the Public (PUB) zone to include "arts, cultural and
recreational activities, buildings and uses". The Commission also
recommends deleting two uses currently listed, "performing arts
center" and "community recreation facilities", as the proposed new
use will encompass these in a broader fashion. As a house-keeping
measure the Commission ~an1:.s 1:.() ~<ii1:. the "Di:m~nsionalrequirements"
section to correct a typographic error. ' " ,
The text amendment was submitted as part of an application package
to rezone the former school to Public (PUB), approve a PUD
Development Plan (as required in the Public zone district), and
approve GMQS Exemption for an Essential Public Facility.
PREVIOUS COUNCIL ACTION: First reading of Ordinance 21 was passed
by, a 5-0 vote on April 26, 1993. Since first reading, the
ordinance has been amended ,to de~ete unrec:essary sections (format
corrections) as suqgested by the city Attorney.
At first reading, Mayor Bennett offered for discussion the
possibility that a new type of public zone district could be
formulated specifically for arts and recreation type uses. staff
stated that this action would add yet another zone to the City's
lengthy list of zone districts and would be very limited in its
use. Council aqreed with staff that this suggestion would not be
a desirable alternative to the proposed amendment for the existing
Public zone.
BACKGROUND: The Red Brick School was purchased by the City upon
the direction of a citizen' s vot~, in May 1992. A City Council
appointed task force composed of interested citizens and neighbors
of the property met weekly in November and December, 1992 and
developed a program for the structure, including recommendations
for the physical plant and a list of appropriate arts, culture, and
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recreation users to occupy the various spaces of the building. The
City Council reviewed this report in February, 1993 and decided
that they would send out a request for proposal from various
architects on the different alternatives proposed by the citizen
group.
The City would like to commence construction in June or July of
this year, with tenant move-ins in the summer of, 1994. In an
effort to initiate renovations quickly, the City needs to process
the requested text amendment, rezoning, and GMQS Exemption as soon
as possible.
CURRENT ISSUES: The Public (PUB) zone district currently allows
14 permitted and 3 conditional uses (refer to Exhibit "A"). Two
of these uses, "performing arts center" and "community recreation
facility" come close to the proposed uses for the Aspen Arts and
Recreation Center. However, the City Planning Director has made
the determination that the incorporation of arts related non-
profit offices and individual art studio spaces does not fit with
these already permitted uses. By adopting a broader arts and
recreation-related permitted use, the Planning Commission
recommends that the above two uses be deleted from the use list to
reduce redundancy. The proposed text will read:
B. Permitted Uses. The following uses are permitted as of
right in the Public (PUB) zone district.
1. Library;
2. Museum;
3. Post Office;
4. Hospital;
5. Essential governmental and public utility uses,
facilities, services and buildings (excluding maintenance
shops);
6. rCrfe19aiR~ art ecntcri
7. -Public transportation stop;
8. Terminal building, and transportation related facilities;
9. Public surface and underground parking areas;
10. Fire station;
11. Cemmunity rcercatien faeilitYi
12. Public school;
13. Public Park; and
14. Accessory buildings and uses.
15. Arts, cultural and recreational activities, buildings and
uses; and
(the list will be renumbered for cOdification)
staff discussed the option of overlaying the property as an SPA
(Specially Planned Area) and applying for a use variance for non-
profit arts related offices and individual artist studios. This
option was discounted because of: 1) the length of time to process
an SPA map amendment and Development Plan (four steps); and 2) the
concern that an SPA overlay might allow future use,variances, thus
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lessening protection of the neighborhood charadter.
The Planning Commission and the Planning staff reviewed the
proposed amendment pursuant to Section 24-7-1l02 of the Municipal
Code and find that the review criteria are satisfactorily met.
The review standards for text amendments and staff responses are
contained in Exhibit "a".
FINANCIAL IMPLICATIONS: No impacts are anticipated because of this
text amendment.
R~COMMENDATION: On April 13, the Planning and Zoning Commission
voted 7-0 to recommend approval of this text amendment.
ALTERNATIVES: The Council could elect to pursue an SPA overlay for
the parcel, retaining the underlying R-6 residential zone
designation. A use variation would then have to be granted via the
SPA process, and an SPA Development Plan would have to be approved
and recorded.
------------------------
PROPOSED MOTION: "I move to approve second reading of Ordinance
21, Series 1993 to amend the Aspen Municipal Code deleting number
6 (Performing art center) and number 10 (Community recreation
facility) from the permitted use list in the Public (PUB) zone
district (Section 24-5-220.B.), to add the following permitted use:
"Arts, cultural and recreational activities, buildings and uses.",
and to correct a typoqraphic error in the "dimensional
requirements" section to read:
D. Dimensional requirements. The dimensional requirements
which shall apply to all permitted and conditional uses in the
Public (PUB) zone district shall be set by the adoption of a
conceptual development plan and final development plan,
pursuant to Article 7, Division 9, Planned Unit Development.
CITY MANAGER COMMEl'l'I'S:
.
Exhibits:
Ordinance 21, Series 1993
"A" - List of Current Permitted Uses in the Public (PUB) Zone
liB" - Review Standards for Code Amendments / Staff Responses
3
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ORDINANCE NO. '2-\
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING CHAPTER 24 OF
TilE MUNICIP"AL CO])~; IJOO:)ti'SEREGULAoffONS; 'ByclUlEWINGSECTION 24:"
5-220 (B) PERMITTED USES AND (D) DIMENSIONAl:' REQUIREMENTS .INTHE:.
PUBLIC (PUB) ZONE DISTRICT.
WHEREAS, Section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the COde, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoning Commission
at public hearing, and then approved, approved with conditions, or
disapproved by the city Council at pUblic hearing; and
WHEREAS, the Planning Director did receive from the city of
Aspen ("Applicant") and has reviewed and recommended for approval
certain text amendments to Chapter 24 associated with the Aspen
Arts and Recreation Center rezoning, POD and GMQS exemption
submission; and
WHEREAS, the Planning and Zoning Commission reviewed the
proposal and did conduct a pUblic hearing thereon on April 13,
1993; and
WHEREAS, upon review and consideration of the text amendments,
agency and pUblic comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
commission has recommended approval of the text amendments
recommended by the Planning Director and associated with the Aspen
Arts and Recreation Center submission pursuant to procedure as
authorized by Section 24-6-205 (A) 8 of the Municipal Code; and
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WHEREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commission, and has taken and considered public comment at
public hearing; and
WHEREAS, the city council finds that the text amendments meet
or exceed all applicable development standards and is co~sistent
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 public health, safety, and welfare; and
WHEREAS, the city Council finds that the proposed text
amendments will allow and promote compatibility of zone districts
and land uses with existing land uses and neighborhood
characteristics and will be consistent with the public welfare and
the purposes and intent of Chapter 24 of the Municipal Code~
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant.to Section 24-7-1102 of the Municipal Code,
the city Council finds as follows in regard to the text amendment:
l. The proposed text amendment as set forth in the Plan are not
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed text amendment will promote the public interest
and character of the City of Aspen.
Section 2: Section 5-220 (B.) of Chapter 24 of the Municipal Code
of the city of Aspen, Colorado, is hereby amended, which new text
shall read as follows:
B. Permitted Uses. The following uses are permitted as of
right in the Public (PUB) zone district.
1. Library;
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y
2. Museum;
3. Post ,Office;
4. aospital;
5. Essential governmental and public utility uses,
facilities, services and buildings (excluding maintenance
shops);
6. Public transportation stop;
7. Terminal building, and transportation related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public school;
1.1. Public Park;
1.2. Arts, cultural and recreational activities, buildings and
uses; and
13. Accessory buildings and uses.
section 3: section 5-220 (D) "Dimensional requirements" of Chapter
24 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended, which new text shall read as follows:
D., Dimensional requirements. The dim,ensional requirements
which shall apply to all permitted and conditional uses in the
Public (PUB) zone district shall be set by the adoption of a
conceptual development plan and final development plan,
pursuant to Article 7, Division 9, Planned Unit Development.
section 4: This Ordinance shall not effect 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 unger 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.
section 6: A public hearing on the Ordinance shall be held on the
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day of ,:1-993 at 5:00 in the city Council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) 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 day of
, 1993.
John Bennett, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1993.
day of
John Bennett, Mayor
Attest:
Kathryn S. Koch, city Clerk
4
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Approved , 19 _
By Ordinance
-'
Se~. 5-220. Public (PUB).
A. Purpose. The purpose of the Public (PUB) zone district is to provide for the develop.
ment of governmental and quasi.governmental facilities for cultural, educational, civic and
other governmental purposes.
B. Permitted uses, The following uses are permitted as of right in the Public (PUB) zone
district.
1. Library;
2. Museum;
3. Post office;
4. Hospital;
5. Essential governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops); .
6. Performing art center;
7. Public transportation stop;
8. Termhull building, and transportation related facilities;
9. Public surface and underground parking areaS;
10. Community recreation facility;
11. Fire station;
12. Public school; ,
13. Public park; and
14. Accessory buildings and uses.
C. Conditional uses, The following uses are permitted as conditional uses in the Public
(PUB) zone district, subject to the standards and procedures established in Article 7, Division
3.
}
1. Maintenance shop;
2. Affordable housing; and
3. Satellite dish antennae.
D. Dimensional requirements. The dimensional requirements which shal1 apply toal1
ptlrmitted conditionsJ uses in the Public (PUB) zone district shal1 be set by the adoption of a
conceptual development plan and final develop~ent plan, pursuant to Article 7, Division 9,
Planned Unit Developmellt.
. E. Off-street parking requirement The following off's~n,et parking spaces shall be prO:
vided for each use in the Public (PUB) zone district, subject to the provisions of Article 5,
Division 3.
1. Wge uses: N/A
2. Residential uses: Requj~e~ special review pursuant to Article 7: Division 4.
3., All other uses: Requires special review pursuant to Article 7, Division 4.
(Ord. No, 6-1989, 9 4). '
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(""'\
nity Council Exhibit 15
Approved , 19
By Ordinance
Text Amendment to the Public (PUB) Zone District to delete from the
list of oermitted uses "Performinq Art Center" and "Community
Recreation Facility". to add "Arts. Cultural and Recreational
Activities. Buildinqs and Uses". and to correct a tyooqraohic error
in the "Dimensional Requirements" section. '
Section 24-7-1102 of the Municipal Code establishes the review
standards for amendments to the code:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: No land use code conflicts are evident for the proposed
text amendments.
B. Whether the proposed amendment is consistent, with all
elements of the Aspen Area. Comprehensive Plan.
Response: The proposed amendments are consistent with the short-
term goal number 5 of the "Design Quality and Historic
Preservation" se6tionof the Aspen Area commUnity Plan. This goal
reads:
"Retain the red brick school building for public use and
preserve its open space; a. Purchase for public use;
b. Rezone to Public."
c. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering
existing land use and neighborhood characteristics.
Response: Neighborhood compatibility issues will specifically be
addressed pursuant to the rezoning standards. However, Public
zoning in most communities provides for a wide variety of uses and
activities for citizens and guests.
D. The effect of the proposed amendment on traffic
generation and road safety.
Response: Per se, this proposed amendment has no effect.. Specific
impacts will be considered during individual reviews.
E. Whether and the extent to which the proposed amendment
would result in demands on pUblic facilities, and whether
and the extent to' which the proposed amendment would
exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
Response: These items will be addressed during the rezoning
].
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review. However, the proposed use is consistent with the other
uses identified in the Public zone district.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
Response: Impacts are evaluated on a site-by-site basis. No
adverse impacts are anticipated on the natural environment.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: The amendments will apply to the approximately twelve
other sites in the City zoned Public (PUB). Any development in a
Public zone must be reviewed pursuant to PUD dimensional standards.
H. Whether there have been changed conditions affecting the
subject parcel or the surrol.l,nding neighborhood which
support the proposed amendment.
Response: The amendments affect all parcels ~oned Public (PUB).
Specific to the former sCh~ol site, this requested text addition
allows those uses developed by the Red Brick citizen's group to
occupy the structure. Without "arts, cultural and recreational
activities, buildings and uses" as a permitted use, the Planning
Director would have to make use determinations for the proposed
users based on the existing permitted use list. This task would
be awkward and might not put to rest any potential non-conformity
issues.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
Response: One of the goals of the AACP is to better utilize
community facilities. These amendments allow for enhanced public-
oriented uses at a public site.
~
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, city Manager
THRU:
Diane Moore, city Planning
Direct~
FROM:
Kim Johnson, Planner
DATE:
April 26, 1993
RE:
Text Amendment for the Public Zone Distric,t to allow
"Arts, Cultural and Recreational Activities, Buildings
and Uses" - First Reading of ordinance~, series 1993
SUMMARY: The Planning and zoning commission recommends approval
of the proposed code amendment which expands the permitted use list
in the Public (PUB) zone to include "arts, cultural and
recreational activities, buildings and uses". . The Commission also
recoll\1llends deleting two uses currently listed, "performing arts
center" and "community recreation facil:ities", as the proposed new
use will encompass these in a brClader faslJ.ion, As a house-keeping
measure the Commission wants to edit the "Dimensional requirements"
section to correct a typographic error.
The text amendment was submitted as part of an application package
to rezone the former school to Public (PUB), approve a PUD
Development Plan (as required in the Public zone district), and
approve GMQS Exemption for an Essential Public Facility.
BACKGROUND': The Red Brick School was purchased by the City upon
the direction of a citizen's vote in May 1992. A city Council
appointed task force composed of interested citizens an~ neighbors
of the property met weekly in November and December, 1992 and
developed a program for the structure, including recommendations
for the physical plant and a list of appropriate arts, culture, and
recreation users to occupy the various spaces of the building . The
City Council reviewed this report in February, 1993 and decided
that they would send out a request for proposal from various
architects on the different alternatives proposed by the citizen
group.
The City would like to comme~ce construction in June or July of
this year, with tenant move-ins in tlJ.e summer of 1994. In an
effort to initiate renovations quickly, the city needs to process
the requested text amendment, rezoning, and GMQS Exemption as soon
as possible.
CURRENT ISSUES: The Public (PUB) zone district currently allows
14 permitted and 3 conditional uses (refer to Exhibit "A"). Two
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of these uses, "performing arts center" and "community recreation
facility" come close to the proposed uses for the Aspen Arts and
Recreation Center. However, the city Planning Director has made
the determination that the incorporation of arts related non-
profit offices and individual art studio spaces does not fit with
these already permitted uses. By adopting a broader arts and
recreation-related permitted use, the Planning commission
recommends that the above two uses be deleted from the use list to
reduce redundancy. The proposed text will read:
B. Permitted Uses. The following uses are permitted as of
right in the Public (PUB) zone district.
1. Library;
2. Museum;
3. Post Office;
4. Hospital;
5. Essential governmental and public utility uses,
facilities, services and buildings (excluding maintenance
shops);
6. rerforming art eenter;
7. Public transportation stop;
8. Terminal building, and transportation related facilities;
9. Public surface .and underground parking areas;
10. Fire station;
11. Community recreation facility;
12. Public school;
13. Public Park; and
14. Accessory buildings and uses.
15. Arts, cultural and recreational activities, buildings and
uses; and
(the list will be renumbered for codification)
staff discussed the option of overlaying the property as an SPA
(Specially Planned Area) and applying for a use variance for non-
profit arts related offices and individual artist studios. This
option was discounted because of: l) the length of time to process
an SPA map amendment and Development Plan (four steps); and 2) the
concern that an SPA overlay might allow future use variances, thus
lessening protection of. the neighborhood character.
The Planning commission and the Planning staff reviewed the
proposed amendment pursuant to Section 24-7-1102 of the Municipal
Code and find that the review criteria are satisfactorily met.
The review standards for text amendments and staff responses are
contained in Exhibit "B".
FINANCIAL IMPLICATIONS: No impacts are anticipated because of this
text amendment.
RECOMMENDATION: On April 13, the Planning and Zoning commission
voted 7-0 to recommend approval of this text amendment.
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ALTERNATIVES: The Council could elect to pursue an SPA overlay for
the parcel, retaining the underlying R-6 residential zone
designation. A use variation would then have to be granted via the
SPA process, and an SPA Development Plan would have to be approved
and recorded.
PROPOSED MOTION: "I move to approve on first reading Ordinance ,
Series 1993 for an amendment to the Aspen Municipal Code to delete
number 6 (Performing art center) and number 10 (Community
recreation facility) from the permitted use list in the Public
(PUB) zone district (Section 24-5-220.B.), to add the following
permitted use:
"Arts, cultural and recreational activities, buildings and uses.",
and to correct a typographic error in the "dimensional
requirements" section to read:
D. Dimensional requirements, The dimensional requirements
which shall apply to all permitted and conditional uses in the
Public (PUB) zone district shall be set by the adoption of a
conceptual development plan and final development plan,
pursuant to Article 7, Division 9, Planned unit Development.
CITY MANAGER COMMENTS:
Exhibits:
Ordinance
, Series 1993
"A" - List of Current Permitted Uses in the Public (PUB) Zone
"B" - Review standards for Code Amendments / Staff Responses
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ORDINANCE NO.
(SERIES OF'1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE, CI'l'Y" OF. ASPlilN, AMENDING CHAPTER 24 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SECTION 24-
5-220 (B) PERMITTED USES AND (D) DIMENSIONAL REQUIREMENTS IN THE
PUBLIC (PUB) ZONE DISTRICT.
WHEREAS, Section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoning commission
at public hearing, and then approved, approved with conditions, or
disapproved by the city Council at public hearing; an~
WHEREAS, the Planning Director did receive from the City of
Aspen ("Applicant") and has reviewed and reco:m:mended for approval
certain text amendments to Chapter 24 associated with the Aspen
Arts and Recreation Center rezoning, PUD and GMQS exemption
submission; and
WHEREAS, the Planning and Zoning commission reviewed the
proposal and did conduct a public hearing thereon on April 13,
1993; and
WHEREAS, upon review and consideration of the text amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
Commission has recommended approval of the text amendments
recommended by the Planning Director and associated with the Aspen
Arts and Recreation Center submission pursuant to procedure as
authorized by section 24-6-205 (A) 8 of the Municipal Code; and
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WHEREAS, the Aspen city Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commission, and has taken and considered public comment at
public hearing; and
WHEREAS, the City council finds that the text amendments meet
or exceed all applicable development standards and 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 public health, safety, and welfare; and
WHEREAS, the City council finds that the proposed text
amendments will allow and promote compatibility of zone districts
and land uses with existing land uses and neighborhood
characteristics and will be consistent with the public welfare and
the purposes and intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Section 5-220 (B.) of Chapter 24 of the Municipal Code
of the city of Aspen, Colorado, is hereby amended, which new text
shall read as follows:
B. Permitted Uses. The following uses are permitted as of
right in the Public (PUB) zone district.
1. Library;
2. Museum;
3. Post Office;
~. Hospital;
5. Essential governmental and public utility uses,
facilities, services and buildings (excluding maintenance
'shops);
6. Public transportation stop;
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7. Terminal building, and transportation related facilities;
8. Public surface and underground parking areas;
9. Fire station;
10. Public school;
11. Public Park;
12. Arts, cultural and recreational activities, buildings and
uses; and
13. Accessory buildings and uses.
section 2: section 5-220 (D) "Dimensional requirements" of Chapter
24 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended, which new text. shall read as follows:
D. Dimensional requirements. The dimensional requirements
which shall apply to all permitted and conditional uses in the
Public (PUB) zone district shall be set by the adoption of a
conceptual development plan and final development plan,
pursuant to Article 7, Division 9, Planned unit Development.
section 3: Pursuant to section 24-7-1102 of the Municipal Code,
the city council finds as follows in regard to the text amendment:
1. The proposed text amendment as set forth in the Plan are not
in conflict with the provisions of Chapter 240f the Municipal
Code or the Aspen Area Community Plan.
2. The proposed text amendment is compatible with the surrounding
zone districts and land uses.
3. The proposed text amendment will not adversely impact traffic
generation or road safety when taken into consideration with
the other aspects of the Plan.
4. The proposed text amendment will Promote the public interest
and character of the city of Aspen.
section 4: All material representations and commitments made by
the Applicant pursuant to the approvals as herein awarded, whether
in public hearing or documentation presented before the Planning
and Zoning commission and or City Council, are hereby incorporated
in such plan development approvals ,and the same shall be complied
with as if fully set forth herein, unle~s amended by other specific
. conditions.
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. seotion 5: This Ordinance shall not effect 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.
Seotion 6: 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.
section 7: The City Clerk shall cause notice of this ordinance to
be published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance,. granting such approval.
seotion 8: That 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 9: A publ~c hearing on the Ordinance shall be held on the
day of
, 1993 at 5:00 in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
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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 day of
, 1993.
John Bennett, Mayor
Attest:
Kathryn s. Koch, city Clerk
FINALLY, adopted, passed and approved this
, 1993.
day of
John Bennett, Mayor
Attest:
Kathryn s. Koch, city Clerk
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ApprOVed " 19 _
By Ordinance
-'
Se~. 5-220. Public (PUB).
A. Purpose. The purpose of the Public (PUB) zone district is to provide for the develop-
ment of governmental and quasi.governmental facilities for cultural, educational, civic and
other governmental purposes.
B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone
district.
1. Library:
2. Museum:
3. Post office;
4. Hospital;
5. ESS/lntial governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops);
6. Performing art center;
7. Public transportation stop;
8. Terminal building, and transportation related facilities;
9. Public surface and underground parking areas:
10. Community recreation facility:
11. Fire station;
12. Public school:
13. Public park; and
14. Accessory buildings and uses.
C. Conditional uses, The following uses are permitted as conditional Uses in the Public
(PUB) zone district, subject to the standards and procedures established in Article 7, Division
3.
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1. Maintenance shop;
2. Affordable housing; and
3. Satellite dish antennae.
D. Dimensional requirements, The dimensional requirements which shall apply to all
permitted conditional uses in the Public (PUB) zone district shall be set by the adoption of a
conceptual development plan and final develop~ent plan, pursuant to Article 7, Division 9,
Planned Unit Developmeqt.
'E. Off-street parking requirement The following off.st,reet parking splices shall be pro-
vided for each use in the Public (PUB) zone district, subject to the provisions of Article 5,
. . . .
Division 3.
1. LQdge uses: NJA
2, ReSIdential uses: Requires special review I'ursuant to Article 7, Division 4.
3., All other uses: Requires special review pursuant to Article 7, Division 4.
(Ord, N0, 6-1989, S 4).
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~ty Council
Approved
By Ordinance
::j2,
Exhibit V
, 19
Text Amendment to the Public (PUB) Zone District to delete from the
list of permitted uses "Performinq Art Center" and "c()mmunity
Recreation Facilitv". to add "Arts. Cultural and Recreational
Activities. Buildinqs and Uses". and to correct a tvpoqraphic error
in the "Dimensional Reduiremel1ts" section.
section 24-7-1102 of the Municipal Code establishes the review
standards for amendments to the code:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: No land use code conflicts are evident for the proposed
text amendments.
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, . considering
existing land use and neighborhood characteristics.
Response: Neighborhood compatibility issues will specifically be
addressed pursuant to the rezoning standards. However, Public
zoning in most communities provides for a wide variety of uses and
activities for citizens and guests.
D. The effect of the proposed amendment on traffic
generation and road safety.
Response: Per se, this proposed amendment has no effect. Specific
impacts will be considered during individual reviews.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to 'which the proposed amendment would
e~ceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and
emergency mediCal facilities.
Response:
These items will be addressed during the rezoning
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review. However, the proposed use is consistent with the other
uses identified in the Public zone district.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
Response: Impacts are evaluated on a site-by-site basis. No
adverse impacts are anticipated on the natural environment.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: The amendments will apply to the approximately twelve
other sites in the City zoned Public (PUB). Any development in a
Public zone must be reviewed pursuant to PUD dimensional standards.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
Response: The amendments affect all parcels zoned Public (PUB).
Specific to the former school site, this requested text addition
allows those uses developed by the Red Brick citizen's group to
occupy the structure. Without "arts, cultural and recreational
activities, buildings and uses" as a permitted use, the Planning
Director would have to make use determinations for the proposed
users based on the existing permitted use list. This task wouid
be awkward and might not put to rest any potential non~conformity
issues.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
Response: One of the goals of the AACP is to better utilize
community facilities. These amendments allow for enhanced public-
oriented uses at a public site.
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MEMORANDUM
oJH~
- II I{'rO
FROM:
Mayor and City Council
Amy Margerum, city Manager
Diane Moore, City Planning Direct~
Kim Johnson, Planner
TO:
THRU:
THRU:
RE:
April 26, 1993
Aspen. Arts and Recreation Center, (f. k. a. Red Brick
School) Rezoning from R-6 Medium Density Residential to
Public (PUB), Final (Consolidated) POO Development Plan,
and GMQS Exemption for Essential Public Facilities -
First Reading of Ordinance ~~, Series 1993
,DATE:
==========================================================~~===
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SUMMARY: The Planning commission reco:m:me~d~, approval of rezoning
the former school site from R-6,t() pUblic (PUB). This request is
being made to allow the rehabilitatio,n of ,the bllilding into a
public arts and recreationf~cility. Any development in a Public
zone requires PUD (Planned Unit Development) review to establish
the site plan / dimensional requirements. The planning staff and
commission support a consolidated (two-step)POO Plan adoption for
this project. In addition, the Commission recommends approval of
GMQS Exemption of this proposal as an Essential Public Facility.
The rezoning, PUD Plan and ~MQS Exemption package is accompanied
by . a code amendment for the Public (PUB) zone which is being
considered under a separate Council memo and ordinance.
PREVIOUS COUNCIL ACTION: On February 22, 1993, city Council
reviewed the program package and building plan recommendations from
the citizens;' advisory qroup which was appointed in late 1992.
Council decided to send out archit~ctllr~lR~quests for proposals
for all three building options presented by the advisory group.
BACKGROUND: ~he City wishes to lease office and studio space to
arts and cultural related non-profit groups and operate
recreational activities in the easter~portion of the former scho()l
building including the gymnasium. In 5% of the structure, studio
space may be. rented to "for-profit" working artists, either as
individual orshal:"ed studio space. ,This arts/recreation concept
requires an amendment the Official Zone Distric:1:. map from R-6 to
Public (PUB) and to add "arts, cultural and recreational
activities, buildings and uses" to the Public zone permitted use
list. As required by the Public zone, the Applicant must receive
approval of a site plan pursuant to the Planned Unit Development
(POO) review process. The Applicant requests, and the Planning
Director has agreed, to process this application as a two-step
review (P&Z and Council), finding that a full four step review
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would be redundant and would serve no public benefit. Special
Review for parking is required for uses in a Public zone. The
commission approved the parking plan at its April 13, 1993 meeting.
Also being requested is GMQS Exemption as an essential public
facility for the building's revised use.
Please refer to the attached application package from. Davis Horn,
Inc., Exhibit "A".
STAFF DISCUSSION: The current zoning of the parcel is R-6 Medium
Density Residential. concurrently requested via a separate memo
and ordinance is a text amendment to add "Arts, cultural and
recreational activities, buildings and uses" to the Public zone
district.
Referral Comments: Complete memos ar~ attached as Exhibit "B".
sUmmaries are follows:
city Engineer Chuck Roth stated that thE! proposed rezoning and
,arts/recreational use will have improved impacts on traffic
generation and road safety. The proposed parking should exceed
minimum requirements for similar office uses.
Housing Office Director Tom Baker commented tl:1at ,the employee
generation for the proposed uses will not exceed the employment
figures for the previous school use.
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to the proposed arts/recreation related uses will represent a
change to the application and will require additional community
consideration. Affordable Housing would likely be easier to
accomplish if the site retained its R-6 zoning and was not rezoned
to Public (PUB). Additionally, staff believes that it would be
inappropriate to amend the R-6 zone to include a conditional use.
for arts, cultural and recreational activities as this type of use
is not consistent with the medium density residential uses of the
R-6 zone district.
section 24-7-1102 of the Municipal Code establishes the review
criteria for a rezoning. These criteria and staff comment are
attached as Exhibit "D". In summary, staff and the Planning and
Zoning commission find that the criteria have been met by the
proposal, and recommend approval of the rezoning to Public (PUB).
Final PUD (Planned Unit Development) Plan: The proposed rezoning
to Public (PUB) requires that the dimensional requirements of a
development be set by the adoption of a conceptual development plan
and final development plan pursuant to Article 7, Division 9,
Planned unit Development. Consolidation of Conceptual and Final
reviews is allowed if the Planning Director determines that "the
full four step review would be redundant and not serve any public
purpose". If, during r'eview, Council believes that a consolidated
two step review is not adequate, the full four step process must
take place. The Planning Commission and staff believe that since
the structure/site plan is not changing as a result of this
application, four step review is excessive and will serve no useful
public purpose.
The proposed dimensional requirements shall be those of the
underlying zone district. Because of the surrounding residential
uses and proposed arts/office/recreational use, the following
dimensional requirements are a combination of those required in
both the R-6 and the Office zone districts. The existing
structure's footprint is used to establish the proposed setbacks:
a. Minimum distance between buildings - lO'
b. Maximum height (including vie~lanes) - 25'
c. Minimum front yard - 10' (except 4' at southeast entry)
d. Minimum rear yard - 15'
e. Minimum side yard - 5'
f. Minimum lot width - 60'
g. Minimum lot area - 6,000 square feet
h. Trash access area - see provided survey
I. External and internal floor area ratio - .75:1
j. Minimum percent open space - no requirement
Staff believes that these dimensions are appropriate for this
structure and future development. If other dimensions are needed
to accommodate future growth, additional PUD review is required.
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GMQS Exemption for Essential Public Facilities: Pursuant to
section 8-104 C.1.b. the Council may exempt construction of
essential public facilities. The Commission reviewed the project
and recommends approval of GMQS Exemption to Council. section 24-
8-104.C.1.b. reads:
(i)
(H)
(iH)
Except for housing, development shall be considered an
essential public facility. if it serves an essential
public purpose, provides facilities in response to the
demands of growth, is not itself a growth generator, is
available for use by the general public, and serves the
needs of the city. It shall also be taken into
consideration whether the development is not-for-profit
venture~ This exemption shall not be applied to
commercial or lodge development.
A development application shall demonstrate that the
impacts of the ~ssential public facility will be
mitigated, included those associated with the generation
of additional employees, the demand for parking, road and
transit services, the need for basic services including
but not limited to water, sewage, drainage, fire and
police protection, and solid waste disposal. It shall
also be demonstrated that the proposed development has
negligible adverse impacts on the city's air, water,
land, and energy resources, and is visually compatible
with the surrounding areas.
Notwithstanding the criteria as set forth in paragraphs
(i) and (ii) above, the city council may determine upon
application that development associated with a nonprofit
entity qualifies as an essential public facility and may
exempt such development from GMQS and from some or all
such mitigation requirements as it deems appropriate and
warranted.
Response: The Planning Office acknowledges that the structure
proposed as the Arts and Recreation Center is not new construction,
but is in effect a new use or development on the site. For this
reason, staff believes that GNQS Exemption as an essential public
facility is warranted so that any increased impacts may be
addressed. Official recognition that the structure and its non-
profit uses qualify as essential to the community will solidify the
Center's important role in the community.
The Center complies with paragraph (i) above in that it will serve
the public in many ways, from active recreation to art support and
education; offers space to recreation and arts. users who must
accommodate their increased growth based on community growth; is
not a growth generator itself (the proposed occupants are currently
scattered elsewhere throughout the city); is available to the
public as any other public facility; and serves the citizens and
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guests of Aspen.
recreation focus
building.
The groups who, will occupy the building must qualify as bona fide
nonprofit entities except for those artists occupying the 5% of the
building set aside for working "fine artists". The city's bond
requirements specify that no less than 95% of the structure may be
occupied by non-prof it users to retain the bond's status. The
artist studio spaces are intended for educational use where
visitors may observe working artists and works in progress.
Aspen's long-standing reputation as an arts and
will be enhanced by the adaptive re-use of this
The Center also meets the requirements of paragraph (ii) regarding
impacts to the vicinity and larger community. Employee generation
will be less for the proposed uses (approximately 21-28) than the
previous school use (25-30). According to the Housing Office's
employee generation guidelines for "utilities / quasi-governmental"
rate, 1.5 to 2.5 persons per 1,000 s.f. are generated. The belief
of the Housing Office is that the non-profit offices proposed for
this building will have limited hours of business and run on
"shoestring" staff, thus employee generation will be less than for
typical off ice Users. According to HousiI'lg Director Tom Baker, the
recreational uses will generate less than one full time equivalent
employee (FTE).
The internal layout of the structure is shown in Attachment 2 of
the application information. The net leasable area of the post-
1941 portion of the school (the eastern half of the building) is
approximately 14,093 s.f. At the quasi-governmental generation of
l.5 persons per l,OOO s.f., the employee generation would be 21
persons. If the entire building is renovated, the same number of
users will spread o~t to occupy more space rather than increase the
number of tenants.
The studio space cannot exceed 5% of the building because of
limitations set by the, financial bonding requirements. This
represents approximately 1,000 s.f. based on the 21,800 s.f. post-
1941 building, or 1,750 s.f. of the entire 35,000 s.f. building.
The studio spaces will probably be 200-300 s.f. each, according to
information from Julia Marshall, who has worked on the lease
agreements for the arts representatives. Parking has been reviewed
by the Planning commission and special Review was approved as being
a neutral impact. utility needs will probably decrease from the
previous school use. No negative environmental impacts will occur,
nor will visual incompatibility.
The city should find that the nonprofit use
an arts and recreation center qualifies
facility per paragraph (iii).
of this structure as
as essential public
After its 4-3 vote to approve the GMQS Exemption, the Commission
passed a motion recommending that the City act in accordance with
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the intentions of housing production plans/quotas and consider
creating housing opportunities to help mitigate housing made
necessary by the change in use of the building from educational to
arts/recreational use. This is due to the deficit created by the
School District when it did not provide housing for its new
elementary school.
ADVISORY COMMITTEE RECOMMENDATION: The Planning and Zoning
Commission recommends approval of the rezoning request by a vote
of 7-0 at a public hearing on April 13, 1993.
The GMQS Exemption for an Essential Public Facility was approved
by a 4-3 vote.
The Commission also voted 7-0 to approve Special Review for Parking
in a Public (PUB) zone via the proposed Final PUD Development Plan
with conditions requiring landscaping, striping, signage, and drop-
off parking along East Hallam st.
ALTERNATIVES: The land area could remain zoned as R-6 Medium
Density Residential with an $PA (Specially l?larlrled Area) overlay
map amendment and use variation to allow "arts, cultural and
recreational activities, buildings and uses".
PROPOSED MOTION: "I move to have First Reading of Ordinance ,
Series 1993, approving with conditions the rezoning of the former
Red Brick School site from R-6 Medium Density Residential to Public
(PUB), the Final PUD Development Plan, and a GMQS Exemption for
Essential Public Facilities."
CITY MANAGER COMMENTS:
Attachments:
Ordinance
, Series 1993
Exhibits "A" - Application Information
"B" - Referral Memos
"c" - Letters from ,citizens
liD" - Rezoning Review Standards
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ORDINANCE NO.
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING REZONING FROM
R-6 MEDIUM DENSITY RESIDENTIAL TO PUBLIC (PUB), GROWTH MANAGEMENT
QUOTA SYSTEM EXEMPTION FOR ESSENTIAL PtJl:l~IqFAC:rL:rTIES, AND
APPROV~L OF A FINAL PUD (PLANNED UNIT DEVELO~MENT) DEVELOPMENT PLAN
FOR THE ASPEN ARTS AND RECREATION~, CENTER, (F.K.A. THE RED BRICK
ELEMENTARY SCHOOL) LOCATED AT 110 E. HALLAM (LOTS A-I AND K-S,
INCLUDING THE ALLEY IN BLOCK 64, AND LOTS E,F,G AND PART OF LOTS
A,B AND C, BLOCK 71), IN THE CITY AND TOWNSITE, OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, on January 14, 1993, the City of Aspen purchased the
former Red Brick Elementary school for the purpose of creating a
community-oriented arts and recreation facility; and
WHEREAS, the City Council appointed a citizen's advisory group
known as the Red Brick Committee to recommend appropriate uses and
development scenarios for the structure; and
WHEREAS, the city intends to lease portions of the building
for non-profit arts related organizations for offices and studio
spaces, for-profit studio spaces, and for use by the city
ReQreation Department for office space and the gymnasium; and
WHEREAS, the Aspen Area Community Plan established a goal to
rezone the former school site to Public; and
WHEREAS, the City of Aspen (Applicant)
submi tted an
application (the "Plan") to the Planning Office for rezoning of the
former school site from R-6 (medium Density Residential) to Public
(PUB), GMQS Exemption for Essential Public Facilities, Special
Review for Parking, and Final (Consolidated) PUD review, in
conjunction with a code amendment to the Public (PUB) zone district
to allow "arts, cultural and recreational activities, buildings and
uses"; and
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WHEREAS, the Planning Office received referral comments from
the City Engineer, Housing Office, and Water Department; and
WHEREAS, upon review of the application, referral comments,
and the applicable code standards, the Planning Director forwarded
a recommendation for approval of the Plan with conditions to the
Planning and zoning commission; and
WHEREAS, the Planning and Zoning Commission reviewed the
development proposal in accordance with those procedures set forth
at Section 24-6-205 (A) (5) (b) of the Municipal Code and did conduct
a pUblic hearing thereon on April 13, 1993; and
WHEREAS, upon review and consideration of the plan, agency and
public comment thereon, and those applicable standards as contained
in Chapter 24 of the Municipal Code, to wit, Division 9 of Article
7 (Planned unit Development), Division 4 of Article 7 (Special
Review), Division 11 of Article 7 (zoning Map and Text Amendment),
section 8-104 (C) (1) (b) of Article 8 (Growth Management Quota
System Exemptions by city Council.for Essential Public Facilities),
the Planning and Zoning commission has recommended final approval
of the Aspen Arts and Recreation Center subject to conditions, to
the city Council; and
WHEREAS, the Planning and Zoning commission further granted
Special Review approval for parking in a Public (PUB) zone
district; and
WHEREAS, the Aspen city council has reviewed and considered
the Plan under the applicable provisions of the Municipal Code as
identified
herein,
has
reviewe!l
and
considered
those
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recommendations and approvals as granted by the Planning and Zoning
commission, and has taken and considered public comment at public
hearing; and
WHEREAS, the city council finds that the Plan meets or exceeds
all applicable development standards and that the approval of the
Plan, 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 public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE C,ITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1:
Pursuant to Section 24-7-903 B.4. of the Municipal
Code, and subject to those conditions of approval as specified
hereinafter, the City Council finds as follows in regard to the
Plan's planned unit development dimensional requirements component:
1. The Developer's final plan submission is, complete and
sufficient to afford review and evaluation for approval.
2. The Plan is consistent with the Aspen Area Community
Plan.
3. The Plan is consistent with the character of existing
land uses in the surrounding area.
4. The Plan will not adversely affect the future development
of the surrounding area.
5. The. Plan approval is being granted only to the extent to
which GMQS exemptions are obtained by ,the applicant.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council grants consolidated Final PUD development plan
approval for the Aspen Arts and Recreation Center subject to the
following conditions:
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1. Prior to issuance of the certificate of 09cupancy the 35
on-site parking spaces shall be striped and signed for
use by users of the Aspen Arts and Recreation Center.
2. Prior to or within 6 months of the iss\:lanceof the
Certificate of Occupancy, a landscaped buffer shall be
installed between the parking area and the trail on the
north side of the subject property.
3. Prior to the issuance of a Certificate of occupancy, a
drop-off parking area shall be dedicated in front of the
building along East Hallam street pursuant to
recommendations of the Parking and Transportation
Director.
4. Any improvement to the parking in the Garmisch st, right-
of-way must be coordinated with the Engineering
Department.
5. Prior to the issuance of a Certificate of occupancy, an
easement ,must be established ,for a 14 ' wide trail,
electric switchgear, and other utility or pedestal needs.
6. Prior to the issuance of a Certificate ofOcc~pancy the
two water service lines to the building must be properly
metered.
7. The applicants shall agree to join any future improvement
districts which may be formed for the purpose of
constructing improvements in the public right-of-way.
8. The actual dimensions shall be the dimensional
requirements of this PUD development plan:
a. Minimum distance between buildings - 10'
b. Maximum height (including viewplanes) - 25'
c. Minimum front yard - 10' (except 4' at southeast
entry)
d. Minimum rear yard - 15'
e. Minimum side yard 5'
f. Minimum lot width - 60'
g. Minimum lot area - 6,000 square feet
h. Trash access area - see provided survey
i. External and internal floor area ratio - .75:1
j. Minimum percent open space - no requirement
9. The ~inalPUD Development Plan and PUD Agreement shall
be recorded in the office of the Pitkin County Clerk and
Recorder. Failure on the part of the applicant to record
the documents within a period of one hundred and eighty
(180) days following approval by the city Council shall
render the approvals invalid, unless reconsideration and
approval of both the commission and city council is
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obtained before their acceptance and recording.
section 3: Pursuant to section 24-8-104 C.1.b. of the Municipal
Code, the City Council finds as follows in regard to the
Applicant's request for Growth Management Quota System development
exemption for essential public facilities:
1. Arts and recreation have historically provided cultural
enrichment to the citizens of the city of Aspen without
which the City would not have attained its present
character and standing in the national and international
community. The City's proposal for use of the former
school building as a center for non-profit arts related
studios and offices, limited area for for-profit studios,
and recreation offices and activities will enhance the
art and recreation experiences for the citizens of the
City of Aspen and the general public.
2. The use of the building for for-profit artist studio
space is limited to 5% of the structure pursuant to the
financial bonding requirements for the building.
Furthermore, the artist studio space is intended to be
educationally oriented to allow citizens of Aspen and the
general public the opportunity to observe artists
practicing their skills.
section 4: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the zoning map
amendment component of the Plan:
1. The proposed zoning amendment as set 'forth in the Plan
are not in conflict with the provisions of Chapter 24 of
the Municipal Code or the Aspen Area Community Plan.
2. The proposed zoning amendment is compatible with the
surrounding zone districts and land uses.
3. The proposed zoning amendment will not adversely impact
traffic generation or road safety when taken into
consideration with the other aspects of the Plan.
4. The proposed zoning amendment will promote the public
interest and character of the City of Aspen.
section 5:
Pursuant to section 24-7-1102 and 24-7-1103, and
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Division 2 of Article 5 of Chapter 24 of the Municipal Code, and
findings set forth in Section 5 above, the city Council does grant
the following amendment to the Official Zone District Map and does
designate the following zone district for the development subject
to the conditions as specified below:
l. The Public (PUB) zone district shall be applied to Lots
A-I and K-S, including the alley in Block 64, and Lots
E,F,G and part of Lots A,B,and C in Block 71, in the City
and Townsite of Aspen.
section 6: All material representations and commitments made by
the developer pursuant to the plan approvals as herein awarded,
whether in public hearing or documentation presented before the
Planning and Zoning commission and 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
other specific conditions.
section 7: The Official Zone District Map for the city of Aspen,
Colorado, shall be and is hereby amended to reflect the rezoning
action as set forth in section 6 above and such amendment shall be
promptly entered on the Official Map in accordance with section
24-5-103 B. of the Municipal Code.
section 8:
This Ordinance shall not effect 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 9:
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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.
section 10: The city Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof. Such notice shall be given 'in the following form:
Notice is nereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property. right pursuant to Title 24, Article 68,
Colorado Revised statutes, ,pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
section 11:
That 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 12:
A public hearing on the Ordinance shall be held on the day
, 1993 at 5:00 in the city Council Chambers, Aspen city
of
Hall, Aspen Colorado, fifteen (15) 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
day of
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, 1993.
Attest:
Kathryn S. Koch, City Clerk
()
John Bennett, Mayor
FINALLY, adopted, passed and approved this
, 1993.
Attest:
Kathryn S. Koch, City Clerk
day of
John Bennett, Mayor
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DavisHom~<;~Y Ordinance
PLANNING. APPRAISING. REAL ESTATE CONSUDlNG "1:Dr~;:;:" i
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MIl '1993
March 8, 1993
Kim Johnson
Aspen Pitkin Planning
130 S. Galena street
Aspen, CO. 81611
RE: Amendment to the Land Use Application for the Red Brick School
:..;.-_.--
Office
Dear Kim:
As we discussed, this letter is an amendment to the application for
the rezoning of the Red Brick School facility to Public for the
reuse of the structure as the Aspen Arts and Recreation Center.
. The change in use of the Red Brick property from an elementary
school to a public arts and recreation facility is not technically
a change in use according to the Aspen Land Use Regulations as the
change is not between categories of growth management competition.
still, the applicant fully intends to mitigate all impacts of the
change in use to the public arts and recreation center.
As we agreed, the applicant is therefore requesting approval for a
GMQS Exemption pursuant to section 8-104 (C) Exemption by city
council (1) (b) Construction of essential public facilites.
Although the change in use is not new construction, the creation of
the new public arts and recreation center is a new us~ and, the
applicant intends to mitigate any impacts generated by the new use.
Therefore, our amendment to the application is to request approval
for a growth management exemption for the creation of an essential
public facility.
The City of Aspen is also requesting a rezoning of the site from R-
6 to Public as the Public zone is m()re appropriate for the proposed
use of the site. The pUblic facility proposed serves an essential
purpose, provided facilities in response to the demands of growth
and in itself is not a growth generator. The facility will be
available for use by the public and serves the needs of the city.
As discussed in the original application, the proposed use of the
Red Brick School will not generate the/need for new employees,
parking, road or transit services, or the need for basic services
such as water, sewage treatment, drainage control, fire and police
protection, and solid waste disposal. As the proposed use is less
intensive than the previous school use, there will be not adverse
impact on the city'S air, water, land and energy resources. The
structure, under the new use, will be visually compatible with the
neighborhood.
AUa DAVIS, SRA I GlENN HORN. AICP
300 fAST H'/MAN. SUITE B. ASPEN. COlORADO B16t1. 3031925-6587. FAX: 303J92S-5I80
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with these critieria of the Land Use Regulations in mind, please
consider this letter a request for approval from City Council for
a GMQS exemption for an essential public facility for the creation
of the proposed Aspen Arts and Recreation Center.
Thank you for your consideration.
Sincerely,
DAVIS HORN INCORPORATED
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DavisHom~C;.
PLANNING. APPRAISING. REAL ESTATE CONSUlJING
" J'
March 1, 1993
Ms. Kim Johnson
Aspen Pitkin Planning Office
l30 South Galena Street
Aspen, CO. 81611
RE: Land Use Application for the Red Brick School to be used as
the new Aspen Arts and Recreation Center
Dear Kim:
Attached is the application for our client, the City of Aspen,
requesting :
1) Rezoning approval for the Red Brick School site from R-6
Residential to PUB, Public;
2) Approval of a PUD development plan which establishes the
dimensional requirements for the site as is required by
the Public zone district regulations;
3) Approval of a minor text amendment to the Public zone
district.
We have done our best to satisfy the applicable requirements of the
Aspen Land Use Regulations and to address items identified in our
pre-application conferences. Please let us know if we have failed
to address any issues of concern to you.
Thank you' for your consideration. Please call if you have any
questions or if you need further information.
Thank you,
DAVIS HORN INCORPORATED
0lW~
AUCE DAVIS, SRA I GlENN HORN, AICP
300 IiASl"HYMAN. SUITE B. ASPliN, COLORADO B16t1. ~7' FAX: 303J925.5IBO
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Davis Horn~c;.
PlANNING' APPRAISING' REAL ESTATE CONSUIJING
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March 16, 1993
Kim Johnson
Aspen Pitkin Planning Office
130 S. Galena street
Aspen, CO. 81611
RE: Employee Impacts
Dear Kim:
This information should help you evaluate the employee impacts for
the review for the Red Brick Schoo], Rezoning. As stated in the
submitted Land Use Application fol:' ,the Red Elrick Sc:ll,()()l, the city
of Aspen is interested in mitigating all employee impacts generated
from the new use of the Red Brick School. We believe that the
employee impacts from the proposed Arts and Recreation Center use
are substantially less than they were for the original school use
and that no mitigation is required.
As stated in the original application, approximately 250 people
used the elementary school. After reviewing and finalizing
employee generation numbers, for the proposed Arts and Recreation
Center, we estimate the total employee population of the new use to
be from 2l to 28 employees for the smaller design scheme (not using
the 1941 portion of the building) and from 55 to 90 employees if
the entire building is utilized. As the number of employees/people
on site will be substantially less than for the school use, no
employee mitigation should be required.
It is very important to note that the all employees to be using the
Arts and Recreation Center ,ar~ currently housed in existing
facilities; their housing and their office space exists somewhere
else in town. No new space is being created, only the reuse of an
existing space with a less intensive use. Therefore, it is the
applicant's opinion that no employee housing mitigation is
required.
In estimating the employee population for the Arts and Recreation
Center, it was very difficult to find employee generation standards
for arts and recreation uses. Aft(i!r reviewing numerous guides and
text books, the most applicable standard is for either office space
or quasi-governmental uses. The Housing Office and other experts
in the field agreed, the pUblic/arts/recreation use would generate
employees at the very low end or even below the typical office use.
Therefore we estimated employee population from the quasi-
governmental standard, which falls below the office standard.
AUCE DAVIS, S1lA I GLENN HORN. AICP
300 EAST HYMAN. SUITE B. ASPEN, COLORADO 81611. 303i92S-6587 . FAX: 303i92~80
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The City I s Affordable Housing Guidelines' employee generation
standards show that 1.5 to 2.5 employees are generated per lOOO
square feet of net leasable area for "utilities/Quasi-Governmental
uses". Generation by other uses not listed are by special review
by the Aspen Pitkin Housing Authority. Considering the proposed
use in the "other" category and subject to review by the APHA, we
feel the low end of the quasi-governmental use is most appropriate.
We have estimated employees first by determining the actual number
of employees to be located on-site. Although we have no actual
employee counts for the office related uses, the recreation
activities and the artist studios should generate approximately 20
actual employees. Adding in another 21 employees for the remaining
arts and recreation office space using the standard for quasi-
governmental uses, 41 total employees is indicated for the entire
building. If the quasi-governmental standard is applied to the
entire building, 34 employees are generated.
Applying the quasi-governmental use standard only to the portion of
the building proposed to be used (l4, 093 square feet of net
leasable area), 21 employees are indicated. Using the actual
employees for recreation and studios uses and adding in employees
generated from the remaining space, 20 to 28 employees are
indicated for this portion of the building.
Considering these and other methods of employee generation, the
best estimate shows from 20 to 28 employees generated for the
portion of the facility proposed for use and from 34 to 41
employees for the ,entire building. These numbers are substantially
less than that generated by the former school use.
Again, this information should help you evaluate the employee
impacts for the review of the Red Brick School Rezoning. Wehope
you will agree that no new space is being created and therefore no
employee mitigation should be required. Also, no new employees are
being generated (and substantially less will be needed) by the arts
and recreation center use when compared to the former school use..
Sincerely,
DAVIS HORN INCORPORATED
~~
Alice Davis
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INTRODUCTION
Davis Horn Incorporated, represents the city of Aspen who is the
applicant and the owner of the Red Brick School Building at 110
East Hallam Street. (See Attachment 1, Vicinity Map.) The
applicant is requesting approval for a rezoning of the Red Brick
School from R-6 Residential to PUB Public. Simultaneously, a minor
text amendment to the city ,of Aspen Municipal Land Use Regulations
is requested. As the Public zone is intended for a wide variety of
pUblic and pUblic related uses, dimensional requirements are not
given in the Regulations, but rather are established on a case by
case basis through the PUD process. Therefore, the applicant is
also requesting approval for a PUD plan which establishes the basic
dimensional requirements for the property. This application
addresses the standards and requirements for the following
approvals being requested:
1. Rezoning of the Red Brick School property (to be used as
the Aspen Arts and Recreation Center) from the R-6
Residential zone to the PUB, Public zone district;
2. A minor text amendment to the Land Use Regulations
regarding the Public zone district; and
3 . Approval of a PUD development plan establishing the
dimensional and off street Parking requirements for the
property as is required by the Public zone district. The
planning director has determined, according to Section 7-
903 (C)(3), Consolidation of conceptual and final
development review, that it is appropriate for this PUD
review to be consolidated from a four step into a two
step process. '
This application briefly discusses the existing conditions and
history of the subject property, describes the proposed use of the
building and addresses the applicable Aspen Land Use Regulation
review standards and requirements of each of the three approvals
requested.
EXISTING CONDITIONS AND A BRIEF HISTORY
OF THE SUBJECT PROPERTY
The Red Brick School is located in the heart of Aspen's West End
neighborhood at 110 East Hallam Street. The school was originally
built in 1941 and sits on a estimated 90,700 square foot parcel of
land. The existing structure consists of three sections containing
approximately 35,800.total square feet of gross floor area. The
first section is the original school building and a
receiving/storage addition which contains 14,000 square feet.
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The second section is 11,240 square feet including a major
classroom and mechanical room addition built to the east of the
original building in the 1970's. This area is in better condition
than the original structure and is in less need of hazardous
material abatement. The third section of the existing building
contains 10,560 square feet, was also built in the early 1970's and
is to the east of the classroom addition. It consists of a 6080
square foot gymnasium and vestibule, a 2240 square foot stage area
with a small office and storage area and stairs which lead to a
2240 square foot basement area locker room. (See Attachment 1, Red
Brick School Building, Existing First Floor Plan.)
The surrounding, neighborhood is, the well established West End
residential neighborhood. To the east, south and west of the
subject are single family homes which have predominated the West
End Neighborhood for over One hundred years. There is a bike path
along the northern property line which leads from the residential
neighborhood to a commercial area below.
The site is generally level, though to the north and northeast,
beyond the bike path, steep slopes drop away from the property to
adjacent commercial uses to the north. The slope provides a
barrier between the commercial Uses adjacent to the north, the
subject property and adjacent residential uses. There are
sidewalks on the south and west sides of the property and on-street
paved parking to the west. The site is modestly landscaped on the
south, between the building and the street with a lawn, shrubs and
trees.
The Red Brick School was purchased by the city of Aspen from the
Aspen School District No. 1 with the closing on January l4, 1993.
The City purchased the school with bond money which requires that
the building continue with public uses and that only five percent
of the floor area be occupied by uses other than non-profit or
governmental/public entities. (See Attachment 2, a letter to the
City of Aspen Finance Director regarding the General Obligations
Bonds used for the purchase of the school building.)
Various citizen and public groups including the. more recently
formed Red Brick Committee have supported the purchase of the
building for public, arts and recreation related purposes and the
issuing of bonds to fund the purchase and the cost of building
improvement and renovation. As the school, particularly the
original 1940's portion, has a hazardous material problem which
needs to be abated, costs for renovation and improvement are higher
than they would otherwise be. _ ,
Since the City is now the owner of the property, The Red Brick
Committee, City staff and the City Council are working to make the
best use of the property for public and arts related purposes.
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The building is proposed to house the City Recreation Department
offices; City recreational programs and activities; art and
cultural activities and uses; and art, dance and writers' studios.
This application seeks approvals required for the City to operate
the structure in the manner approved by the voters in the public
election on the purchase.
paOPOSED PROJECT
As mentioned previously, The Red Brick School is to be used for
public, art, cultural and recreational uses. As required by the
bond documents, public and non-profit uses are to always be the
predominant uses in the building. As currently proposed, the
gymnasium will be used by the city Recreation Department, the
basement will continue to be used as a locker room for recreational
activities and the remainder of the building will be used for a
variety of public, arts, cultural and reereation,a.l office and
studio uses. Although the proposed tenants will certainly change
with time and possibly before the building is actually ready for
occupancy, an administrative office for each of the following
tenants is currently anticipated for the building:
city Recreation Department
Dance Aspen
Aspen Art Museum
Aspen li'ilmfest
KAJX
Aspen Ballet Company
Aspen Theater
The Writer's Conference
Arts Council
Aspen Ridiculous Theater
Aspen Yoga Center
Aspen Interactive
All of the above uses except Aspen Yoga Center and possibly Aspen
Interactive, are non-profit organizations. Aspen Interactive is
now seeking non-profit status. In addition to the above tenants,
the building is proposed to include the following:
A 651 square foot common lecture hall
A 150 square foot common secretarial area
Four to five spaces to be used as artists' studios.
The currently proposed uses have been reviewed and evaluated by the
Red Brick Committee.
The Red Brick Committee came up with four potential options for the
City Council for renovating the school building; these options are
found in the memorandum in Attachment 3.
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At this time, the Red Brick Committee is proposing use of the
gymnasium and the classroom additi()n completed in the 1970' s.
Using only these two sections of the building, the building is
expected to be fully occupied. The Committee has proposed that the
remainder of the building, the original 1940s school, will either
be renovated at a later date, demolished or locked off and not used
until further plans are finalized and money obtained for the reuse
or reconstruction of this section of the building. Regardless of
the option chosen, the entire property as it currently exists is
the subject of this rezoning application.
REZONING TO PUBLIC
The applicant is requesting a rezoning of the subject property from
R-6 Residential to PUB, Public. The structure has been used and
will continue to be used for public purposes since it was built in
1941. Although a school is a conditional use in the R-6
Residential zone, the Public zone district is more appropriate for
the property given the sale of the building from the Aspen School
District to the city of Aspen for arts, cultural and recreational
purposes.
A rezoning is an amendment to the official zoning map. This
rezoning is therefore requested pursuant to Division 11 of the
Aspen Land Use RegUlations, AMENDMENTS TO TB:E, TEXT OF THIS CHAPTER
AND THE OFFICIAL ZONE DISTRICT MAP. This section of the
regulations require an applicant to address and the city Council
and the commission to consider the nine standards of review. These
standards are identified and addressed below.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
The proposed amendment to the official zone district map to.
change the subject property's zoning designation from R-6 to
PUB is not in conflict with any portion of the Land Use
Regulations.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan~
The Aspen Area Comprehensive Plan calls for the Red Brick
School to be used for pUblic purposes. This amendment to the
map is not only consistent with the Plan, but is a step toward
insuring that the structure is preserved for public and
related appropriate uses in the future. The purchase of the
Red Brick School was approved by the voters of the city of
Aspen in a public election in August of 1992.
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The Red Brick School Committee consists of a wide variety of
communi ty volunteers, both opponents and proponents of the
purchase, was formed soon after the election to address the
use and redevelopment of the building into an art and
recreational center. This ,committee appears to agree that the
proposed reuse of the building is consistent with the Aspen
Area Community Plan and with the electorate's intent of the
use of the school as approved in the public election on the
issue.
c. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposed use is compatible with surrounding zone districts
and land uses. It has been an even more intensive school use
in the past and was a permitted conditional use in the R-6
zone district where it is now located. Therefore, it is
considered compatible with the surrounding R-6 zone district.
Down the steep slopes to the north of the subject property is
a commercial area zoned (NC - Neighborhood Commercial and SCI
Service Commercial Industrial) with an SPA overlay.
Although they are adjacent to the subject, the uses found here
are much more intensive and are not really physically a part
of the immediate neighborhQod. The subject property is
somewhat of a buffer between the residential neighborhood on
three sides and the commercial uses to the north.
The neighborhood has been actively involved in the purchase
and reuse of the school building through various citizen
committees and public meetings. The Red Brick Committee was
established after the election in August of 1991 when the
purchase of the school was approved by the voters. This
committee is made up of a wide variety of people with
different concerns. The arts community, real estate
community, neighbors and opponents of the school purchase were
all represented. This committee has worked hard since its
conception in December of 1992 to come to agreement on the use
and management and redevelopment of the Red Iirick School.
This rezoning is a first step to accomplish the redevelopment
of the building for use as an arts and recreational center.
The less intensive proposed use of the building as a
recreational, arts, cultural and public facility brings less
impacts than the elementary school did when it was operating
in the building.
D. The effect of the proposed amendment on traffic
generation and road safety.
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The proposed Aspen Arts and Recreation Center will at a
minimum be "impact neutral" in that it will have no more
impacts than the school use which has impacted the
neighborhood since its construction in 1941. In reality, the
proposed use will have substantially less impacts on traffic
generation and road safety.
The last year of operation, the school was used for
kindergarten and first grade classes and the school business
office. There was a total population of 250 including 230
students, ten full-time teachers, five special teachers, three
business office employees and two janitorial staff.
Approximately twelve buses dropped students off at the school
in the morning and picked up students in the afternoon. In
addition, it is estimated that fifty students were dropped off
and picked. up by car each day. A, large majority of the
faculty, staff and school board memQers traveled to and from
the campus by car, parking in the area behind the gym, in the
area behind the business office, along the front of the
building on Hallam street and on Garmisch street. Regular
trash pick up as well as occasional deliveries and field trips
by bus generated some additional trips. The total number of
round trips to and from the school each day is estimated to
have been 160 vehicles trips per day. A similar level of
activity was going on at the yellow brick school diagonally
across from the site. In addition, extracurricular activities
occurred in the school gymnasium, which was utilized both by
students and members of the community. Barricades were set up
daily on Garmisch and Hallam to interrupt traffic in the
vicinity of the two schools.
The proposed use will generate from 23 to 48 employees under
the smaller design scheme (not using the original 1941 portion
of the building) and 55 to 90 employees if the entire building
is utilized. This range has been established first by
estimating the actual number of employees anticipated given
the proposed tenants and second by use of a national standard
for an office use which was applied to the entire building.
The actual estimated population is considered to be the most
accurate in determining the number of employees, therefore the
lower end of the range, 23 to 48 is the best estimate of
employees in the proposed arts and recreation center.
As the property is centrally located and easily accessed by
foot and by public transportation, vehicular trip generation
will be less than for a property with an inferior location.
We found no trip generation standard for artist studios or
recreational uses and therefore have used the low end of the
trip generation standard for office use: four trips per 1000
square feet of space.
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This shows 142 vehicle trips per day, less than for the school
use, even without considering the previous extracurricular
activities and the trips generated by the yellow brick
diagonally across the street.
There does not appear to have been any officially designated
parking on the school site in the past. Ken Smith of Smith
Associates Architects completed a study on the various
redevelopment alternative for the Red Brick SChool. He has
access to an original improvement survey of the school
property and no parking is shown. Historically the area to
the north and west of the structure has been used as a parking
lot. Approximately 3S spaces have been accommodated in this
area. Therefore, the applicant proposes to provide these 35
spaces for the 23 to 48 employees. The 20 to 25 on-street
parking spaces will be utilized for guests. At approximately
one space per employee, we feel this is sufficj,ent, especially
since the proposed tenants, except for the recreational
programs, will not generate many visitors. Artist studios do
not tend to generate the need for additional parking. still,
the standard does consider client and visitor traffic. The
tenants of the building will be encouraged at the time of
signing a lease, not to use their cars, but to ride share,
walk and use the public parking garage two blocks (700 feet)
east. .
The proposed arts and recreation center will generate less
impacts with regard to traffic;: generation, road safety,
parking and employee generation than the previous school use.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, includinq
but not limited to transportation facilities, sewaqe
facilities, water supply, parks, drainaqe, schools, and
emerqency medical facilities.
The rezoning to public will not result in increased demand on
public facilities. The existing structure has been in
existence and the impacts are already accommodated within
current services. The change from school to public uses
should decrease impacts given the reduction in the on-site
population and the public facilities required toac;:commodate
them.
F. Whether and the extent to which the proposed amendment
would result in sigllificantly adverse impacts on the
natural environment.
The reZOning to public and the new arts and recreation uses to
be allowed will not adversely impact the natural environment.
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G. Whether the proposed amendment is consistent and
compatible with the community character in the city of
Aspen.
The proposed rezoning is consistent and compatible with the
community character in the City of Aspen and in the
neighborhood. The proposed Aspen Art and Recreation Center
use encompasses two of the stronger elements of the
cOmmuni ty' s character - arts and recreational acti vi ties. The
rezoning and new use of the building should actually enhance
community character.
H. Whether there have been changed conditions affecting the
suJ)ject parcel or the surrounding neighborhood which
support the proposed amendment.
The Red Brick School was sold by the Aspen School District
after the District planned and built a new elementary school
on the Maroon Creek campus. The purchase of the property by
the City of Aspen involved substantial public input. The
change in ownership from a school district to the governmental
entity is a changed condition which supports the rezoning from
R-6, which is more appropriate for a neighborhood school, to
PUblic, a more appropriate zone for the proposed public, arts
and recreational use.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
The text amendment to rezone the Red Brick School to Public
and the redevelopment of the school into the Aspen Arts and
Recreation Center is not in conflict with the public interest,
but rather is strongly in the public interest. The rezoning
of a public building to Public is also within the purpose and
intent of this chapter of the Land Use Regulations.
TEXT AMENDMENT TO AMEND THE PUBLIC ZONE DISTRICT
The applicant proposes a minor amendment to the text of the Aspen
Land Use Regulations regarding the permitted uses in the Public
zone district. Therefore, in addition to the above discussed
rezoning, a second text amendment is therefore requested pursuant
to Division 11 of the Aspen Land Use Regulations, AMENDMENTS TO TIlE
TEXT OF THIS CHAPTER AND THE ()FFICIAL ZONE DIST1tICTKAP. The
applicant is requesting the addition of a permitted use in the
Public zone district under Section 5-220 (B) Permitted Uses. The
recommended language' is to add the following as permitted use
number 15 under this section of the Regulations:
"15. Arts, cultural and recreational activities."
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Although the arts related uses proposed for the Red Brick building
such as the non-profit organizations and the artist and writers
studios could be allowed in the Public zone without this amendment,
the applicant feels the amendment clarifies the arts and.
recreational uses and removes any gray area in allowing different,
but related and appropriate uses in the future.
The artists and/or writers studios are the only proposed uses which
are "for profit". The bond documents for the city's purchase and
renovation of the Red Brick building are very clear in that they
require no more than five percent of the net leasable floor area of
the building to be occupied by such "for profit" organizations.
Ninety-five percent of the building has to be for public, non-
prof it or governmental uses. Therefore this bond requirement
provides protection against the expansion of "for profit" uses
which may have brought greater impacts on the neighborhood at some
point in the future if not strictly regulated. The Public zone
district itself provides another level of protection against a wide
array of uses which might bring more impacts. The purpose of the
PUblic zone district as stated in the Aspen Land Use Regulations
is:
"The purpose of the Public (PUB) zone district is to provide
for the development of governmental and quasi-governmental
facilities for cultural, educational, civic and other
governmental purposes."
The above purpose of the Public zone mentions cultural, educational
and civic uses and the proposed amendment actually specifies
similar appropriate uses and activities. The applicant feels that
the proposed uses (arts, cultural and recreational uses) are within
the intent of the Public zone, and the amendment is to clarify the
applicable section of the Regulations by actually delineating these
uses in the list of permitted uses.
These arts, cultural and recreational uses are within the intent of
the zone district, but the proposed text amendment will also allow
the Public zone district to better accommodate the proposed uses at
the new Aspen Art and Recreation center, the uses for which the
building was purchased.
Aqain, the bond documents will always restrict the number of
organizations which are not non-prOfit and will help govern the
uses allowed in the building. Along with the requirements of the
Public zone itself, the bOnd,documents will help keep the allowed
uses within the intent of the Public zone and consistent with the
intent of the electorate when they approved the purchase of the Red
Brick School for publ~c, arts and recreational uses.
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Although it may be somewhat repetitive, the same nine review
standards for the text amendment (rezoning) discussed above, are
applicable to this text amendment, the addition of an allowed use
to the Public zone district. These nine standards of review are
briefly discussed below as they relate to this proposed text
amendment.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
This amendment is not in conflict with any portion of this
chapter.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
This amendment is consistent with all elements of the AACP.
c. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposed allowed uses, "arts, cultural and recreational
activities", will allow uses which are compatible with
surrounding zone districts (R-6 Residential, NC - Neighborhood
Commercial and SCI - Service, Commercial Industrial with an
SPA Overlay) and with surrounding land uses (residential, the
yellow brick school and commercial uses at the Post Office and
Truman Center).
D. The effect of the proposed amendment on traffic
generation and road safety.
As permitted use in the Public zone, the proposed arts,
cultural and recreational uses will generate less impacts than
the more traditional public uses allowed in the Public zone
district. No standards were found for determining impacts
from artist studios or recreational uses. Several experts
surveyed indicate that the low end of impact standards for
office uses best reflects the high end of impacts from such
arts and recreational uses.
On the Red Brick site, at a minimum, the new uses will be
"impact neutral" in that they will have no more impacts than
the school use which has' impacted the neighborhood since its
construction in 1941. In reality, the site will generate less
traffic and result in safer roads than the school.
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E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent, to which the proposed amendment would
exceed the capacity of such public facilities, includinq
but not limited to transportation facilities, sewaqe
facilities, water supply, parks, drainaqe, schools, and
emerqency medical facilities.
The addition of the proposed uses does not change, but rather
clarifies the allowed uses within the Public zone. Therefore
these uses will not result in increased demand on public
facilities. The existing structure has been in existence and
the impacts are already accommodated within current services.
, The proposed permitted uses will probably generate less demand
on public facilities than traditional public uses. The change
from school to the proposed public uses should decrease
impacts on the Red Brick site as well given the reduction in
the on-site population and the public facilities required to
accommodate them.
F. Whether and the extent to which the proposed amendment
would result in siqnificantly adverse impacts on the
natural environment.
The addition of the proposed permitted uses in the Public zone
district will not adversely impact the natural environment.
G. Whether the proposed amendment is consistent and
compatible with the community character in the city of
Aspen. .
The proposed text amendment is consistent and compatible with
the community character in the. City of Aspen and in the
neighborhood. The proposed permitted uses and the new Aspen
Art and Recreation Center use encompasses two of the stronger
elements of the community's character the arts and
recreational activities. The new use of the building should
actually enhance community character.
H. Whether there have been chanqed conditions affectinq the
subject parcel or the surroundinq neighborhood which
support the proposed amendment.
The.Red Brick School building was sold by the Aspen School
District after the District planned and built a new elementary
school., on the Maroon Creek campus. The purChase of the
property by the city of Aspen involved substantial public
input. The change in ownership from a school district to the
governmental entity is a changed condition which instigated
this text amendment. The amendment is appropriate for the
entire Public zone district, but is most appropriate in its
application to the Red Brick site.
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I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
The proposed text amendment to add arts, cultural and
recreational activities as permitted uses in the Public zone
district is not in conflict with the public interest, but
rather is strongly in the public interest.
POD DEVELOPHENT PLAN FOR THE
PUBLIC ZONEDIKSNSIONAL REQUIREMENTS
Section 5-220 (D) of the Aspen Land Use Regulations (Public Zone
District, Dimensional Requirements) states that
"The dimensional requiremen~s which shall apply to all
permitted conditional uses in the Public (PUB) zone district
be set by the adoption of a conceptual development plan and
final development plan pursuant Article 7, Division 9, Planned
Unit Development."
Although this indicates that the only permitted conditional uses
are SUbj ect to the PUD review, no dimensional requirements are
established for permitted uses in the Public Zone. Therefore, as
suggested in our pre-application conference, we have addressed the
PUD section of the Code as a means of establishi~g the dimensional
requirements and parking requirements for the property. As there
is no new development proposed, but rather the Red Brick School is
proposed for reuse as a public arts and recreation center, the
footprint of the structure is not Changing at this time and the
dimensional requirements proposed will be consistent with what has
been in place since the building was constructed.
As the Public zone district uses a PUD plan review only as a means
of establishing appropriate dimensional and parking requirements,
many sections of the PUD review are, not applicable. We have
addressed only the standards which apply to the specifics of this
site and the proposed reuse of the building. All general
requirements are considered not applicable, though the subject
property complies with the general requirements of the PUD review.
The following addresses the applicable concerns.
Section 7-903 (B) (4) Dimensional Reauirements. The
dimensional requirements shall be those of, the underlying Zone
District, provided that variations may be permitted in the
following:
a. MinimUm distance between buildings;
b. Maximum height (including viewplanes);
c. Minimum front yard;
d. Minimum rear yard;
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e. Minimum side yard;
f. Minimum lot width;
g. Minimum lot area;
h. Trash access area;
i. Internal floor area ratio; and
j. Minimum percent open space.
If a variation is permitted in minimum lot area, the area of
any lot may be greater or less than the minimum requirement of
the underlying Zone District, provided the total area of all
lots, when averaged, at least equals the permitted minimum for
the Zone District. Any variation permitted shall be clearly
indicated on the final development plan.
Again, the Public zone district does not establish dimensional
requirements, so the applicant is proposing the following for the
Red Brick School site and the Aspen Arts and Recreational Center:
a. Minimum distance between buildings: 10 feet
b. Maximum height (inClUding vie~lanes): 25 ft
c. Minimum front yard: lO feet (except 4 ft at entry)
d. Minimum rear yard: l5 feet
e. Minimum side yard: 5 feet
f. Minimum lot width: 60 feet
g. Minimum lot area: 6,000 square feet
h. Trash access area: See att'd survey
i. Internal floor area ratio: 0.75:l
j. Minimum percent open space: No requirement
These requirements have been developed from the dimensional
requirements in the city of Aspen's 0- Office zone district and the
adjacent R-6 Residential zone district, whichever was most
appropriate.
Section 7-903 (B) (5) Off-street Darkina. The number of off-
street parking spaces may be varied from that required in the
underlying Zone District based on the following
considerations.
k. The probable number of cars used by those
using the proposed development.
l. The parking needs of any non-residential uses.
m. The varying time periods of use, whenever
joint use of common parking is proposed.
n. The availability of public transit and other
transportation facilities, including those for
pedestrian access and/or the commitment to
utilize automobile disincentive techniques in
the proposed development.
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o. The proximity of the proposed development to
the commercial core or public recreational
facilities in the city.
Whenever the number of off-street parking spaces is
reduced, the city shall obtain assurance that the
nature of the occupancy will not change.
The Public zone district does not address parking requirements so
the applicant has addressed the parking section of the POD review.
As discussed previously, it is estimated that 23'to 48 employees
will use the proposed arts and recreational center. Assuming each
employee has one car, the historical parking on-site should be
adequate for the new use and will be maintained for use by the
facility. There has been no officially designated parking on the
school site in the past. Historically the area to the north and
west of the structure has been used as a parking area.
Approximately 35 spaces have been accommodated, including
circulation, in this area. Therefore, the applicant proposes to
provide these 35 spaces for the 23 to 48 employee cars. The 20 to
25 on-street parking space will be utilized for guest parking or
any overflow parking needs. At approximately one space per
employee, we feel this is sufficient, especially since most of the
proposed tenants will not generate many visitors. The artist
studios will not generate the need for additional parking. Still,
the standard does consider client and visitor traffic.
Most cars will be arriving and departing at the beginning and end
of typical work hours. The artist studios may have more flexible
hours which would decrease peak demand for traffic and parking.
As the building is centrally located and within a few blocks of the
public parking garage, the commercial core and neighborhood
shopping, many employees and visitors will be traveling by foot.
The City of Aspen's public parking garage is two blocks (700 feet)
east and is convenient for use by users of the Red Brick Facility.
The use of the parking garage, pedestrian travel and other auto-
disincentives will be strongly encouraged through the management
and leasing operations.
The proposed Arts and Recreation Center will always be for public,
arts, cul tural and recreational uses and the nature of the
occupancy will not change. In addition to the requirements of the
Public zone district, this is further guaranteed by the bond
documents for the f-inancing of the building's purchase as only five
percent of the net leasable floor area can be rented to tenants who
are not non-profits. (See Attachment 3.)
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LANDOWNERS CONSENT
Attachment 5 is a letter from the applicant authorizing Davis Horn
Incorporated to prepare this land use application and represent
them in the land use review process. Attachment 6 is a City of
Aspen land use application form agreement.
ATTACHMENT INDEX
The fOllowing is a list of attachments:
Attachment 1: Vicinity Map - Aspen Arts and Recreation
Center Rezoning and PUDplan;
Attachment 2: Red Brick School Building - Existing First
Floor Plan;
Attachment 3:
Letter to Dallas Everhardt,
Director, from bond council
bonds used for the purchase of
City Finance
regarding the
the Red Brick;
Attachment 4: Red Brick Committee memorandum regarding
recommendations for the Red Brick Renovation
and Management;
Attachment 5: Landowner's authorization for Davis Horn Inc.
to submit a land use application on their
behalf and to represent them in the land use
review process;
Attachment 6: Land use application forms;
Attachment 7: Pre-application conference summary sheet;
Attachment 8: Legal description and proof of ownership.
SUHMARY
This application has described the subject property, the proposed
use and requested approvals and has demonstrated compliance with
pertinent sections of the Aspen Land Use Regulations which were
identified by the staff in a pre":application conference. Please
notify us if we have mistakenly neglected to address any of your
concerns.
Thank you for your consideration and please call if you have any
questions or need further information.
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SECTION VII
EXISTING FLOOR PLAN
AlTACHMENT 2
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MEMORANDUM
AlTACH.'!.ENT ---1-
TO:
Mayor and Council
FROM:
Red Brick Committee
DATE:
February 9, 1993
RE: Recommendations Regarding Red Brick Renovation and
Management
The Red Brick Committee has met approximately eight times to
discuss and recommend to City Council a long-range program for the
Red Brick Building.
The Committee is made up of the following members:
Julia Marshall
Lee Ambrose
Jill Uris
Don Fleischer
Janet Garwood
Bill Martin
Joanne Lyon
Mary Martin
Janet Roberts
Katherine Lee
Bob Camp_
Staff support has been provided by:
Bill Efting
Ken Collins
Rob Thomson
Cindy Wilson
Amy Margerum
The Committee reached a consensus on the following key points:
* The Red Brick site should be used for arts, recreation and
compatible community uses;
* The parcel s.hould not be split or sold off for other
purposes or uses such as housing;
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* Management of both tenant relations and day to day
maintenance of the building should be by one entity;
* The City council should appoint an
review both the operational aspects
recommend ,capital improvements. The
provide feedback on programmatic and
would have no management authority.
advisory committee to
of the building and
advisory group would
operating issues but
Renovation
The Committee received a report from Smith Associates Architects
which presents four alternatives for renovation. The report is
attached as Appendix A. The four alternatives are summarized
below:
Alternative 1:
requirements.
Minimum upgrade to meet code and maintenance
Paved on-site parking lot with 35 spaces.
Alternative 2: Demolish the 1941 portion of the structure. Upgrade
and remodel the classroom and gym areas, construct a new addition
of 6,000 square feet designed for an arts center, paved parking lot
on-site with 60 spaces, new landscaping.
Alternative 2B: Demolish the 1941 structure, upgrade the remaining
portion of the building to meet code and maintenance requirements,
reconfigure and renovate the floorplan to meet Art Council needs,
paved parking lot on-site with 35 spaces.
Alternative 3: Demolish the entire building and build a new 23,000
square foot arts and recreation center, create a paved parking lot
on-site with 60 spaces, new landscaping. '
Cost estimates of the alternatives are:
Alternative 1: $1,425,106
Alternative 2 : $2,172,331
Alternative 2B: $1,287,138
Alternative 3 : $3,146,235
The Committee reached consensus not to support any of the first
three alternatives primarily because of the costs involved.
The Committee recommends the proposed renovation costs stay within
the $1,000,000 budget which the City has earmarked and should not
be dependent on funding from outside sources. However, any savings
or interest earnings experienced by the City due to the delays in
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this project would be appropriate to use for the renovation and
could increase the $1,000,000 budget.
Recommendation: After reviewing all four alternatives,
committee with the cooperation of the Arts Council recommend
City Council consider Alternative 4. Several factors support
recommendation:
the
that
this
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1. Cost - The committee feels that we were challenged to
recommend an option which would most benefit the artistic
community for a $1,000,000 project.
2. Arts Council Needs - With the new configuration of rooms
in the newer section, most of the Arts Council current
needs will be satisfied.
3. Energy Efficiency - This alternative will provide the
community with a much more energy efficient building. .
4. Expansion - This alternative leaves room for expansion
of the art center at a future date.
5. Occupancy - The committee projects that this option would
allow the'building to be functional approximately 1 year
after the design team selection. '
Manaqement
The Committee reached consensus that property management and tenant
relations should not be segregated from building management.
Whatever group is responsible for managing the building should be
responsible for both the tenant relations (negotiating leases,
collecting rents, etc) and day to day building maintenance. The
Committee also agreed that regardless of who manages the building
there should be an advisory group appointed which consists of City
Council representation, citizen/business representation and Arts
Council representatives. The advisory group would be used for
feedback on programmatic and operating issues but would have no
management responsibility.
The Committee considered several management, options. The Committee
evaluated management alternatives based on the following criteria:
Financial viability:
financial reports
standards;
will the management entity prepare timely
and' have clear financial goals and
Support of the Arts:
encourage the arts;
will the management entity support and
Who is the best organization to determine uses of building?
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Robert.L. segall
Box 8642
Aspen, Co. 81612
13 April 1993
city Planning And zoning
Galena street
Aspen, Co. 816ll
Attn: Jan Carney
Jan:
I unfortunatelY have a prior committment and, cannot attend the
meeting until about 5:45 pm. In case the meetinq is adjourned
before then, please be aware that the neighbors, are very much
against the re-zoning attempt.' The desired result can be
accomplished by simply making a conditional use under the R-6
category.
There is already a provision for a satellite dish which is needed
by KAJX and one can interpret the'desiqnation of pUblic school or
private academic Schooltoencompas$ the arts center portion of the
project. Recreation is obviously ok, since there is an existing
gym from when it was a school.
The problem with the proposed PUB zoning is the leeway the city has
if the project fails and the resulting de-stabilization of the
neighborhood while waiting for the project to succeed or fail. At
least under the R-6 zoning, we know that it is either an art & reo
center or single family housing. We do not want the possibility of
affordable housing, a bus stop, a maintenance shop, Public parking
facilities, essential government facilities, essentially anything
under sec. 5-221 S.
Furthermore, having this meeting at 4: 30 when most of the neighbors
who live here full time are still at work may render the entire
llleeting invalid. It certainly does not serve the democratic
process by not allowing for full paritcipation on the part of those
most af ected. Hopefully, I will see you at 5:45. Please try to
hol e q then.
r6d.aObA.OO1
TOTAL P.01
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N1ty Council ExlUbit D
ApprOved , U
By Ordinance
Aspen Arts and Recreation Center
Map Amendment for Rezoninq from R-6 to Public (PUB):
Pursuant to section 7-1102 the standards of review for an amendment
to the Official Zone District Map are as follows:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: There are no conflicts with the zoning code.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The Aspen Area Community plan set forth goals to
maintain and enhance the balance bet~eel} resort funi::tions and
community oriented functions. This site provides an opportunity
to serve the local community as well as our tourist populations by
supporting arts and recreation functions, which are central to
Aspen's 20th century heritage. As mentioned earlier, the AACP also
specifically addresses the purchase of the school building and its
rezoning to Public. .
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
Response: Currently the zoning on the parcel is R-6, Medium
Density Residential. As a public school, the use was considered
a grandfathered conditional use. Activities associated with
schools include intense daytime use, two peak traffic periods per
day, and occasional night functions. The proposed Center use will
lessen peak traffic impacts and lessen daytime noise significantly.
Recreation-oriented night functions will probably remain at the
same level.
D. The effect of the proposed amendment on traffic generation
and road safety.
Response: city Engineer Chuck Roth comments that the proposed use
should result in improved traffic generation and road safety
conditions.
E. Whether and the extent to which the proposed amendment.
would result in demands on pUblic facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewagefapilities, water supply,
parks, drainage, schools, and emergency medical facilities.
Response: No increased demands will result from the rezoning. In
fact, the community's public facilities will be augmented by the
new recreation facilities.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
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Response: The site and the neighborhood are already developed.
No new square footage is proposed with this application, so this
condition does not readily apply.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
Response: The proposed rezoning to Public is consistent with the
historic public use of the site as a school and is considered,
"impact neutral" to the surrounding area. Any changes to an
approved PUD Plan must receive approval through appropriate land
use reviews.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
Response: The most important change
voters approved the purchase of the
recreation purposes. This mandate
current R-6 residential designation.
for this
site for
req'uires
parcel is
community
rezoning
that
arts
from
the
and
the
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter.
Response: The Red Brick School Building will be a valuable asset
to the community by providing a hub for the arts community, which
is a large part of the cultural fabric of Aspen.
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Does the entity have property management experience?
I
The Committee narrowed the options to either management by the City
or by an outside board such as the Arts Council. The Committee
agreed that any management option chosen should be re-evaluated
after a year or sooner if problems arise. The Committee was split
on which management entity they preferred, however all except one
member felt they could "live with" Arts Council management for one
year with a review. All agreed that they could "live with" City
management of the building with oversight by an advisory board.
In considering the alternatives the following assumption was made:
* The direct cost of managing the building was assumed to be
the same regardless of whether the City or the Arts Council
managed the building.
Citv Manaqement:
* If the city managed the building the City would hire staff or
contract for property management services including negotiating
leases and maintenance services. There would be an office in the
recreation area for staff or property management contractors. An
existing City manager(s) would oversee staff or contractors.
Advantages:
* The City has existing infrastructure (i.e. attorney
support, ~nsurance, management experience, personnel system,
financial system, etc)
* Financial reporting and accountability is already in place.
* More direct and timely accountability to the public.
* city Council would set goals for the building. Staff
reports to Council.
Disadvantages:
* City staff not as aware of arts groups' needs.
* city doesn't have a great deal of experience in renting
space and being a landlord.
Arts Council Manaqement:
* Arts Council would hire a director which would oversee the
leasing and building' maintenance aspects of the building (in
addition to other Arts Council duties). Leasing and tenant
relations issues would be handled by the director. Building
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,. maintenance functions would be either contracted out or done by
other hired staff. staff reports to the Arts Council.
Advantages:
* Arts Council has good understanding of tenant needs and has
a mission to support and encourage the arts.
* May be the best organization to determine uses of the
building, however there is a concern that property management
will conflict with the mission of the Arts Council.
Disadvantages:
* Financial viability: the Arts Council will need to develop
a system for financial reporting. Reporting would be made to
the Arts Council. The community as a whole and the City
Council may have delayed access to financial information.
* The Arts Council as an entity does not have a strong
background in property management.
RECOMMENDATION:
The Committee would like to discuss the above options with City
Council and get feedback.
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City"-'ncil
Approved
By Ordinance
1hrhfftft ~
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MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer ei<-
Date: March 18, 1993
Re: Aspen Arts and Recreation Center (Red Brick School) - Rezoning, PUD
Development Plan, and Text Amendment
Having reviewed the above referenced applicatibn,and having made a site inspection, the
engineering department has the following comments:
1. Rezoning
a. Traffic generation and road safety - The Engineering Department agrees with the
applicant's statements on pages 6-8 that the proposed use should result in improved
traffic generation and road safety conditions.
b. Demands on public facilities - As per the application, rezoning should not result in
increased demands on public facilities.
2. Text Amendment - The application satisfactorily address the review standards, and the
Engineering Department has no comment on the proposed text amendment.
3. PUD.
a. Off-street Parking - It appears that the area proposed to be used at this time totals
21,800 square feet. Perusal of the Code requirements for off-street parking for
similar use zone designations shows a range of from 1.5 to 4 parking spaces per
1,000 square feet. The proposed 35 parking spaces would slightly exceed the
minimum similar requirement which would be 33 spaces. It is recommended that
a condition of approval be to paint the stripes delineating the parking spaces in
order to ensure optimum space utilization. It appears that if striping is at the
standard 8 1/2' space width required by Code, there could actually be 24 spaces on
the north side for a total 36 spaces on site.
It is quite possible that the 36 spaces may, in the future, prove to be
insufficient, and provision should be made at this time to anticipate that possibility.
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Future increased development on the site would probably require additional on-
site parking, and any apparent deficiencies in the current on-site parking proposal
should be remedied at that time.
(Should the Transportation and Parking Director be commenting?)
b. On-street Parking - The parking on the Garmisch Street frontage has historically
been unclear due to the lack of curb and gutter and signage. Any future
development in the public right-of-way at this location must be coordinated with the
Engineering Department.
The Garmisch Street right-of-way is 100' wide. It is recommended that the
applicant consider installing curb and gutter on Garmisch Street located to provide
head-in parking similar to other Garmisch Street parking such as at Paepke Park,
Molly Gibson Lodge, the Medical Associates, etc., as well as constructing a sidewalk
for pedestrian circulation. Street drainage should be addressed at that time. A
storm runoff inlet and extension to the storm sewer may need to be installed.
The on-street parking is available to the entire public and may not be
restricted to adjacent businesses or uses.
4. Plat Comments
a. Establish and indicate easements for trail (14'), electric switchgear, and any
other utility pedestal or utility needs.
5. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
6. Given the continuous problems of unapproved work and development in public rights-
of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130). .
cc: Bob Gish, Public Works Director
Rob Thomson, Special Projects
M93.74
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MEMORANDUM
TO:
Kim
Johnson, Planning Office
Baker, ~~ffice
FROM:
Tom
DATE:
April 9, 1993
RE:
Red Brick School Referral
SUMMARY OF REFERRAL COMMENTS: The Housing Office finds that the
proposed plah.for thei!l.eid Brick School willhi3.ve fewer impacts in
terms of affordable housing than the historic elementary schooL
use.
Employee Generation - Based upon staff review, the Housing Office
finds that there are generally three uses being proposed for the
Red Brick: office, studio, and recreation. In terms of office
uses, we find that 3 employeesj1,000 sf (net leasable) is an
appropriate generation figure. This is consistent with the
generation figures in the city's office zone. In terms of studio
use, we find insufficient information to determine a generation
figure. Additional information about how ,and wh~11 a studio will be
used is needed. In terms of recreational uses, we find that the
gymnasium and locker room will generate less than 1 FTE. This
figure is derived from Recreation Department experience with the
operation of similar facilities.
According to the applicant and under the alternative which does not
utilize the 1941 section of the building, the applicant expects to
generate between 23 48 employees (p. 70f the Land Use
Application) or between 21 - 28 employees (March l6, 1993 letter
from Alice Davis to Kim ~ohnson). ,Given that the gymnasium and
locker room portion of the building (8320 sf) will generate less
than one employee, then the remaining 13,480 sf will generate a
figure less than 30. This assumes that the studio use generates
less than 3 employeesj1,000 sf (net leasable) and the 13,480 sf
figure must be revised to depict net leasable square footage.
The Housing Office concludes that.the applicant's 21 - 48 employee
generation range is adequate and the actual generation will likely
be at the lower end of that range. once additional information is
provided about ,net leasable space and how and when the studio space
will be used (based upon the option to leave the 1941 portion of
the school vacant).
Employee Credits - In terms of employee credits, the Red Brick
School has historically employed 24 - 30 employees, see attachment
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ATTACH. 1
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'MBMoRANDUM
.,
TO:
Kim Johnson, Planning Office
,
Cindy Wilson, Assistant city Manager ~JJJJ
FROM:
DATE:
April. 6, 199~
Red Bri~k School
Historical Number of E~ployees
RE:
I spoke to both Joe Tarbet, Aspen School District controller and
Barb Tarbet, Elementary S9hool principal to obtain information
regarding the number of employees in the Red Brick School building
in the past. They both confirmed that the number of employees in
the building for {3.bout the past ten years have been about as
follows:
5 .administrative personnel
2 janitors
4-5 special teachers
-li..teachers
24 - 25 total employees
Barb also noted that in 1969 there were 30 employees in the Red
Brick building.
If I can help you with this in any other way, please call me.
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MEMORANDUM
TO:
KIM: JOHNSON, PLANNING DEPARTMENT
LARRY BALLENGER, WATER SUP
MARCH 8, 1993
ASPEN ARTS AND RECREATION CENTER
ENT
FROM:
DATE:
SUBJECT:
The Water Department would request that the water service line into the Red Brick School be
properly metered.
Our Department inspected the Red Brick School building's water system this winter. We found
two water service conllections that were not metered.
LB:rl
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Robert L. Segal I
r-Box 8642
Aspen, Co. 81612
,'-",y Council
ApprOVed
By Ordinance
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4 Apri I 1993
Davis Horn Inc.
215 South Monarch Sui te 104
Aspen, Co. 81611
Attn: Al ice Davis
Re: Red Brick Rezoning
Dear Ms. Davis:
I am in receipt of your March 29 letter regarding the rezoning of
the Red Brick School. I must tell you that there is no support
from the residents for several blocks. The reason for this is that
the school can be turned into an arts & rec center without the
rezoning process. If it is rezoned, it can be turned into
affordable housing. have a bus stop put in. etc. This is not in
the interest of the neighborhood. nor would it contribute to
keeping this a neighborhood. I can envision a future ot excessive
vehioular traffic. followed by RFTA buses belching noxious deisel
fumes. Then when the whole project fails to support itself. the
city will turn it into affordable housing a la West Hopkins,
thereby de-valuing all the years I sacrificed to be able to afford
to live here and the same for all my' neighbors.
With al I due respect. I suggest that instead of accepting city
money for thi s rezoning project. you counsel the ci ty that they can
do what the voters want with the zoning just the way it is. I can
assure you that if this passes, the full financial resources of
this neighborhood wi 11 throw this into the courts and tie up the
whole project inawaythatwill make last fall's lawsuit look like
child's play.
If you wish to discuss this before the meeting, feel free to
contact me a t work. 920-1500 x209.
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PHOTOGRAPHY
ASP E N
COLORADO
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P.O. Box 360
Tel. (303) 925-3398
5 April 93
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Planning & Zoning COm11l1'llion,
Aspen City Council,
130 S.Galena,
Asp en.
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Ladies and Gentlemen:
Since I shall be out of town to attend the Meeting on Re-zoning
Part of the Residential District to PUll-6, I would like to put
in writing my often expressed opinion that I am against any
Change of Zoning of the Residential District in the West End.
Although there are many good reasons - Financial, Parking etc.
against such a change, my main objection has always beeri, WLS, is,
and shall always be purely one of principle; i.e. the Preservation
of the West End as a Residey'ntial Area.
~rs ~inCerelY,
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733 13th Street
Boulder, Colorado 80302
April 12, 1993
Sent Via Telecqpier: 920-5197
Ms. JlISmlne 1)gre. Chainnan
Planning and Zoning Commission
c/o KimJohnwn
Aspcn/Pit1dn Planning Office
130 S. Galena Street
Aspen. Colorado
Re: Aspen Arts and Recreation Center (Red Brick School)
Dear Ms. Tygre and Members of the Board:
Please c:onsider thls letter which is respectfully submitted in qpposition to the
proposed Map Amendment, GMQS Exemption and T~ Amendment to the Aspen Land
Use Regulations with respect to the Red Brick School.
My husband and I are the owners of the residence at 219 North Monarch,
which is located two doors ,away and across the street from the Red Brick School. During
the more than 2S Ycarll that we have owned our residence, of c:ourse, we have seen many
changes in Aspen. However, one thing that bl\S endured for, WI is the preservation of the
residential character of our neiihborhood. We fear that is endangered and would be lost
if the proposed rezoning to Public Zone District were to be approved.
, It is ironic, but a little over a year ago, we wrote to express concerns about a
proposal to allowfllming activities at the school. In that letter, we stated our worries
about the fact that these kind of C:OIllIDC1'cial activities would alter the residential character
of our neighborhood. We mentioned the fact that the traffic would increase in the area,
even beyond the increased leVel we have noticed in recent years. We described the fact
that our neighborhood has already become overcrowded with parked cars, many owned by
etq)loyees who work at Clark's Market or the other storesJust down the hill or businesses
on Main Street. And. perhaps most significantly, we predicted that the use would open the
door to future, similar activities. The following prophetic quote is from our letter of
January 9, 1992:
~4/13/93 07:32
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Ms. Jasmine Tygre, Chairman
Planning and ZtInlng Commission
AprJ112, 1993
Pase2
The precedent in permitting a commercial use, even on a
temporary' basis, poses a dangerous threat of authorizing
future similar uses. We see this as opening the door, to
the potential permanent rezoning of the school property
to allow commer~ial a,ctivities to be carri~ on there. Ever
since the School District tirst announced its interitions to
vacate the property, we have been concerned about the
possibility that some use other than residential would be
. sougbt. It the filming activities were allowed, even on
a temporary rezoning hasis., the precedent for that zoning
will be set. .
A copy of our January 1992 letter is enclosed.. It now apPears that the fictional Aspen
"extreme" we feared then is being proposed to become reality now.
It is our understanding that the narrowly-approved referendum authorizing
the acquisition of the school by the City was for "arts-related" activities. Although this is
not a term ot prec:ise definition, it seems clear enough that It would not Include the broad
ranie of pennitted uses cUl'1'elltly allowed in the Public Zone District, nor "recreational"
actJvit1es as contemplated by the proposed text amendment. It seems fair to conclude that
"am-related" also did not contemplate the conversion of the school into effectively an
office building within our historic residential neighborhood, much less ,envision the
attendant daily traffic, parking, btl";r'..~a invitees and other activities normally associated
with an office, which is. really a commercial-not residential-use. Schools are compatible
with residential neighborhoods. Office buildings are not. Thus, the reason for the
proposed te7l'1ning. This contradiction in conventional wisdom and ~istlng permitted uses
alone undermines the arguments for even considering such a change.
Some would say that rezoning should be automatic, given the approval to
purchase the scl1ool. However, as mentioned, the 'margin of the vote could hardly be
considered a mandate, nor can it fairly be deemed to be any approval by those who would
have standing to dictate what kinds of uses should be imposed upon those of us who reside
in the vicinity. We would suggest that rather than eJtpanding the tel>t of permitted uses
within the Public Zone District and attempting to completely rezone the Scllool property to
fit the new defmition, that the City consider allowing for use by special review or
conditional use review, so that some precision as to the actual proposed uses would be
04/13/93 07:33
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CAPLAN & EARNEST
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Planning and Zoning COmmi....ton
April 12., 1993
Page 3
required to be committed to up front, and those of us most affected could be considered
and the impacts mitigated through the use of conditions and other regulatory tools.
Under the proposed rezoning. no such detailed commitments or
restrictions as to use will be made. For example, we have heard that the classrooms may
be partitioned into offi<:e$ for various "w-relatCli"IJ{)1l-profit organizations. But does
this mean that the City will have no officea there? Will CIty recreation leagues use the
gym for all types of indoor recreation activities? Will th,e hours of Use be restricte<l? Will
parking be added, or simply allowed to Care for the already limited spaces on the street? '
Will traffic to and fromthe building be controlled? WlllMliSic festival patrODS continue
to be encouraged to take leisurely walks to and from the tent along Hallam by continuing
to close off the street in the S11lIl1DCl? These are but a few of the questions and concerns
that need to be addressed and which could mof'!:: property be addressed by some type of
conditional, precise review, rather than by a sweeping rezoning as proposed.
We respectfully urge you to disapprove of this proposed rezoning and
preserve the residential c:haraeter of our neighbodlood.
Thank: you for your consideration.
y. ~'
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Bill ilght . f?
CAPLAN & EARNEST
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733 - 13th Street
Boulder. Colorado 80302
January 9, 1992
Sant Via ~eleaoniers 920-1890
To Whom It May Concern
clo Ms. Kathy Lee
Aspen, Colora.do
Dear Ms. Lee:
We are the owners of the resideAce located at 219 North Monarch, Aspen.
which we have had for IDOre than 2S years. Our house is located two doors
away and aoross the street from the red brick (former) elementary school,
Our neighbor. Mr. Berko, has brought to our daughter'S attention the faot
that a temporary rezoning of the sohool property is being contemplated
that would alloy commeroialfilm operations to be oonduoted there for a
period of at least six months. Even though we are presently out of the
country for a t1me. are concerns about this potential use of the
neighboring property are 80 significant that we have authorized our
daughter to forward this letter on our o.half to you with the
understanding that you will, in turn, submit it to the relevant City
board.
It is our understand1ng that a company plans to rent and use the ent1re
school and property fOl' the filming. We assume that, among other tbings,
this will mean that the traff.io in and a,l=ound, the, sClh~~l, ",ill inorease
dramatically, not to mention the large number of trucks and other,vehicles
that will be associated ~1th the filming activities. Our neighborhood is
already overcrowded with parked oars. On any given day, one has
difficulty finding a parking place anywhere along Monaroh or Halla~ in our
neiqhborhood.
As you know, our neighborhood is entirely residential. Many of the
residents oocupy their homes year-round. In our case. s1noe our
retirement, we bave spent more time eaoh year in our home. OUr oacupancy,
together with tbat of ourcbildren and grandohildren comprises a
siqnificant portion of each year, especially the ski season. We are
concerned that oommeroial filming aotivities will entirely alter the
residential charaoter of our neighborhOOd. Filming will likely not he
oonfined to the daytime hours inside the building. Even if it were,
siqnificant additional noise is likely to be generated. If nighttime
filming occurs, then it most surely will result in noise during that
period. but also in the use of bright. disturbing lights.
We appreciate that the filming is apparently planned for a six-month
period. However, the precedent in permitting a c01lllDercial UlSe, even on a
temporary balSis, poses a dangerous threat of authorizing fUture similar
uses. We see this use as open1ng the door to the potential permanent
0'(:34
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rezoning of the sohool property to allow commercial activitiee to be
carried on there. Ever sinoe the School Distriot first announoed its
intentions to vaoate the property, we ~ve been ooncerned about the
poesihilty that some use other than residential would be sought. If the
filming activities were allowed. even on a temporary rezoning basis, the
precedent for that zoning will be set,
We cannot imagine that there are not some other buildings that would be
equally if not better suited to the type of filming being contemplated.
It must be ass~ed that the building Was ohosen, in large if not full
measure. because of its location and the attraction Aspen has to so many,
inoluding those whose careers involve the tilmindustry. This type of
oonvenienoe to a few, however, should not override the substantial,
domestio interests of those of us who are the impaoted homeowners ,and
residents.
Please preeerve the residential oharaoter of our historio West End
neighborhood. and turn down this ill-advised request. Thank you for your
oonsideration of our oontinued peaoeful and quiet enjoyment of our home,
Sincerely,
Joan and Bill Light
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PUBLIC NOTICE
RE: ASPEN ARTS AND RECREATION CENTER (RED BRICK SCHOOL) MAP
AMENDMENT, GMQS EXEMPTION AND TEXT AMENDMENT. TO' THE ASPEN LAND
USE REGULATIONS
NOTICE IS HEREBY GIVEN that a special public hearing will be held
on Monday, May 10, 1993 at a meeting to begin at 5:00 pm before the
Aspen City Council, City County Chambers, City Hall, 130 South
Galena st., Aspen to consider an application submitted by the City
of Aspen, 130 South Galena street requesting approval of a Map
Amendment for Rezoning from R-6 Residential to PUB (Public Zone
District); and Growth Management Quota System Exemption for an
Essential Public Facility for the Aspen Arts and Recreation Center.
The property is the former Red Brick School located at 110 East
Hallam Street; Lots A-I and Lots K-S, Block 64 and Lots E, F, G and
Fracti~nal Lots A, B, and c., Block 71, city and Townsite of Aspen.
The applicant further requests approval of a Text Amendment to the
Aspen Land Use Regulations to add a new number 15 to Section 5-
220B. Public Zone District Permitted uses to ]:"ead as follows: 15.
Arts, cultural and recreational activities. The Permitted Uses in
the Public Zone District currently include: Library, Museum, Post
office, Hospital, Essential governmental and public utility uses,
Performing art center, Public transportation stop, Te]:"minal
building, and transportation related facilities, Public surface and
underground parking areas, Community recreation facility, Fire
station, Public school, Public park, and Accessory buildings and
uses. For further information, contact Kim Johnson at the
Aspen/Pitkin Planning Office, 130 S. Galena st., Aspen, co 920-
5100.
s/John Bennett. Mavor
Aspen City Council
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Kim Johnson, Planner
RE:
Aspen Arts and Recreation Center (f.k.a. the Red Brick
Elementary School) - Rezoning from R-6(Medium Density
Re~idential to Public (PUB), Text Amendment to the
Allowed Uses in the Public (P~B) Zone District, Final PUD
Development Plan (Consolidated Review), Special Review
for Parking, and Growth Management Exemption for
Essential Public Facilities
DATE:
April 13, 1993 (special meeting/public hearing)
SUMMARY: Staff recommends approval of the following as proposed:'
~ ~1) the map amendment to rezone the former school site from
~O R-6 to Public; and '
e ~the proposed text amen' "arts, cultural and
j. ~~/'\ ecreational activities" f p,~rm~trPrd use in the Public
7" ~; ~(PUB) zone district; and l ~ ~
~ ~' 3) Special Review for parking in a Public zone district; and
4) GMQS, Exemption for the facility as an essential public
facility.
===============:============~~======~~~=============;===========
APPLICANT: The City of Aspen, represented by Davis Horn, Inc.
LOCATION: 110 E. Hallam Street. The parcel contains approximately
92,600 s. f.
ZONING: R-6 (Medium Density Residential)
APPLICANT'S REQUEST: The City wishes to lease office space to arts
and cultural related non-profit groups and operate recreational
activities in the eastern portion of the former school building
including the gymnasium. In 5% of the structure, studio space will
be rented to working artists, either as individual or shared studio
space. This requires an amendment the Official Zone District map
from R-6 to Public (PUB) and to add "arts, cultural ,and
recreational activities" to the Public zone permitted use list.
As required by the Public zone, the Applicant must receive approval
of a site plan pursuant to the Planned Unit Development. (PUD)
review process. The Applicant requests, and the Planning Director
has agreed, to process this application as a two-step review (P&Z
and Council). Special Review for parking is required for uses in
a Public zone. Also being, requested is GMQS Exemption as an
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essential ,public facility for the building revised use.
Please refer to the attached application package from Davis, Horn,
I!lc.
REFERRAL COMMENTS: Complete referral, comments are atta'ched as
Exhibit "A".
Enqineerinq: Chuck Roth comments that:
1. The, proposed li..~,g;,211i.n5! will hiwe li;)!lpt~QYeci.imt>aaeS:"':5ii'.~~'f]jd;
generat10n and road safety, and will not result in an increase of
public service needs.
2. The proposed :}.!i....patking:s):jcf(j~!;:.willexc.efed.nrintmttn;"':f'€cii1'fj?emEintsA
for stimila:r:.o;(JiC;;!,!...'lls!i!iil{~ The spaces should be striped to optimize
their utilizati6ri:"-d ' " .
3. Any improvement to the parking in the Garmisch st. right-of-
way must be coordinated with the Engineering Department. Curb and
gutter is recommended to facilitate head-in parking like that found
at Paepke Park. Sidewalks are recommended also.
4. Easement must be established for a 14' wide trail, electric'
switchgear, and other utility or pedestal needs.
Water Department: The Waster Department requests that the two
water service lines to the building be properly metered.
Housinq Office: Tom Baker respODd~d1::.ha1: the"",mpl,.QYmel11:g'~l1e:r:C!ction
of 1::~~;. P.J:"()J?9.s;e<l .'ll~es ~,51T/;iioe'E!)i~efefa'fl1~~t~yilitl1r"f'r-gti'r~'Bf""t~
iil'6y'liier'scho'o'l'.{fs'e'Jl.l This comment was based on the assumption that
the 1941 section (western half) of the building will not be used.
The application states that a range of i~J,,:,;i&':;;employees will be
generated. Mr. Baker believes that the low end of this range is
the more likely generation scenario. Informatign from.the scho04
confirms that employee population ~ii9'ea"'rr'bffi~'2iF't:'o"'3'6''''pers'C)ffs:,;;t
The summary of Mr. Baker's memo is that the proposed Center will
have fewer housing impacts than did the historic elementary school.
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STAFF COMMENTS: The Red Brick School was purchased by the City
upon the direction of a citizen's vote in May 1992. A City Council
appointed task force composed of interested citizens and neighbors
of the property met weekly in November and December, 1992 and
developed a program for the structure, including recommendations
for the physical plant and a list of appropriate arts, culture, and
recreation users to occupy the various spaces of the building. The
City Council reviewed this report in February, 1993 and decided
that they would send out a request for proposal from various
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'Grchitects on the different alternatives proposed by the citizen
group.
The city would like to commence construction in June or July of
this year, with ,'tenant move-ins in the summer of 1994.. In an
effort to ini~iate renovations quickly, the City must process the
requested text amendment, rezoning, and GM~S Exemption under the
current Council's authority.
Amendment to the Public zone list of Dermitted uses: The 'Public
(PUB) zone district currently allows 14 permitted and 3 conditional
uses (refer to Exhibit "B"). Two of these uses, "performing arts
center" and "community recreation facility" come close to the
proposed uses for the Aspen Arts and Recreation Center. However,
the city Planning Director has made the determination that the
incorporation of arts related non-profit offices and individual art
studio spaces does not fit with these ,already pe~itted uses. The
proposed text change is the addition of ,a new use which will read:
, . b ,,~' ~E t t._,~fJJ1"-I_.j. 1__
15. Arts, cultural and recreational activ'ties. ~~~
staff discussed the option of overlaying the property as an SPA
(Specially Planned Area) and applying for a use variance for non-
profit arts related offices and individual artist studios. This
option was discounted because of: 1) the length of time to process
an SPA map amendment and Development Plan (four steps); and 2) the
concern that an SPA overlay might allow future use variances, thus
lessening protection of the neighborhood character.
Section 24-7-1102 of the Municipal Code establishes the review
standards for amendments to the code:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: No land use code conflicts are evident for this proposed
text amendment. '
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The proposed amendment is consistent with the short-
term goal number 5 of the "Design', Quality and Historic
Preservation" section of the Aspen Area Community Plan. This goal
reads:
"Retain the red brick school building for pUblic use and
preserve its open space; a. Purchase for public use;
b. Rezone to Public."
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering
existing land use and neighborhood characteristics.
Response: Neighborhood compatibility issues will specifically be
addressed pursuant to the rezoning standards. However, PUblic
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zoning in most communities provides for a wide variety of uses and
activities f~r citizens and guests.
D. The effect 9f the proposed amendment on traffic
generation and road safety.
Response: Per se, this proposed amendment has no effect. 'specific
impacts will be considered during individual reviews.
E., Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, wate~ supply, parks, drainage, schools, and
emergency medical facilities. ,
Response: These items will be addressed during the rezoning,
review. ,However, the propoE!ed use is cC/lsistent with t:he other
uses identified in the Public zone district.
F. Whether and the, extent to which the proposed amendment,
would result in significantly adverse impacts on the
natural environment.
Response: Impacts are evaluated on' a site-by-site basis. No
adverse impacts are anticipated on the natural environment.
Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
Response: This amendment, will apply to the
other sites in the City zoned Public, (PUB).
Public zone must be reviewed pursuant to PUD
G.
approximately twelve
Any development in a
standards.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which
support the proposed amendment.
Response: This amendment affects all parcels zoned Public (PUB).
Specific to the former school site, this requested text addition
allows those uses developed by the Red Brick citizen's group to
occupy the structure. Without "arts, cultural and recreation
activit.ies" as a permitted use, the Planning Director would have
to make use determinations for the proposed users based on the
existing permitted use list. This task would be awkward and might
not put to rest any potential non-conformity issues.
I. Whether the proposed amendment would be in conflict with
the pUblic interest, and is in harmony with the purpose
and intent of this chapter.
Response: One of the goals of the AACP is to better utilize
community facilities. This amendment allows for enhanced pUblic-
oriented uses at a public site.
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MaD Amendme~t for Rezoninq'from R-6 to Public (PUB):
Pursuant to Section 7-1102 the standards of review for an amendment
to the Official Zone District Map are as follows:
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
Response: There are no conflicts wi~h the zoning code.
B.. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
Response: The Aspen Area Community Plan set forth goals to'
maintain and enhance the JJal9I1ce,l:?et)'le~l1-re15(rr'l:fuI18'l:i91'H3' and
~t%mmtlhi tyoriented 'fun,C::1:.,i,el}i.' '" This site provi<i,es' anoppo:r;b:;ni ty
to serve the local commun1ty as well as our tour 1st populat10ns by
supporting arts, and recreation functions, which are central to
Aspen's 20th century heritage. As mentioned earlier, the AACP also
specifically addresses the purchase of,the school building and its
rezoning to Public. ' ' ,
C. Whether the proposed amendment is compatible with
surrounding Zone Districts and land uses, considering existing
land use and neighborhood characteristics.
Response: Currently the zoning on the parcel is R-6, Medium
Density Residential. As a public school, the use was considered
a grand fathered conditional use. Activities associated with
schools include intense daytime use, two peak traffic periods per
day, and occasional night functions. The proposed Center use will
lessen peak traffic impacts and lessen daytime noise significantly.
Recreation-oriented night functions will probably remain at the
same level.
D. The effect of the proposed amendment on traffic generation
and road safety.
Response: city Engineer Chuck Roth comments that the proposed use
should result in improved traffic generation and road safety
conditions.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether and
the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited
to transportation facilities, sewage facilities, water supply,
parks, drainage, schools, and emergency medical facilities.
Response: No increased demands will result from the rezoning. 'In
fact, the community's pUblic facilities will be augmented by the
new recreation facilities.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
Response: The site and the neighborhood are already developed.
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No new square footage is proposed withthi's applicat{on, so this'
condition does not readily apply.
G. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
Response: The proposed rezoning to Public is consistent with the
historic public use of the site as a school and is considered
"impact neutral" to the surrounding area. Any changes to an
approved ?UD Plan must receive approval through appropriate land
use reviews.
H. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
Response: The most important change
voters approved the purchase of the
recreation purpOSeS. This mandate
current R-6 residential designation.
for this
site for
requires
parcel is
community
rezoning
that
arts
from'
the'
and
the
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
intent of this chapter. .
Response: The Red Brick School Building will be a valuable asset
to the community by providing a hub for the arts community, which
is a large part of the cultural fabric of Aspen.
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Final (consolidated) Planned Unit Development (PUD): The proposed
rezoning to Public (PUB) requires that the dimensional requirements
of a development be set by the adoption of a conceptual development
plan and final development plan pursuant to Article 7, Division 9,
Planned Unit Development. Consolidation of Conceptual and Final
reviews is allowed if the Planning Director determines that "the
full four step review would be redundant and serve to pUblic
purpose". If, during review, the Commission or Council believe
that a consolidated two step review is not adequate, the full four
step process must take place. staff believE's that since the
structure/site plan is not changing as a result of this
application, four step review is excessive and will serve no useful
public purpose.
1. Dimensional Reauirements. The dimensional requirements shall
be those of the underlying zone district, provided that
variations may be permitted in the following:
a. Minimum distance between buildings;
b. Maximum height (including viewplanes);
c. Minimum front yard;
d. Minimum rear yard;
e. Minimum side yard;
f. Minimum lot width;
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g. Minimum lot areai'
h. Trash access area;
i. External and internal floor area ratio; and
j. Minimum percent open ',space.
"
Response: The dimensional requirements submitted for the Final
(Consolidated) Plan are those of the existing building footprint.
Therefore, the following actual dimensions are requested as the'
dimensional requirements of ,this development plan: '
a. Minimum distance between buildings - 10'
b. Maximum height (including viewplahes) - 25'
c. Minimum front yard - 10' (except 4' at southeast entry)
d. Minimum rear yard - 15'
e. Minimum side yard - 5'
f. Minimum lot width - '60'
, g. Minimum lot area - 6,000 square feet,
h. Trash access area - see provided survey
I. External and internal floor area ratio - .75:1
j. Minimum percent open space - no requirement
According to the application, these dimensions were ,derived from
the requirements of R-6 and 0 (Office) zones. staff believes these
dimensions are appropriate for this structure and future
development. If other dimensions are needed to accommodate future
growth, additional PUD review is required.
----------------------------------
SDecial Review for Off-street parkina.
Although not specifically a dimensional issue, parking is an
important aspect of this application. The number of required off-
street parking spaces for a project in a Public zone is established
by Special Review (Section 24-7-404.B.2.):
"In all other zone districts where the off-street parking
'requirements are subject to establishment or reduction by
Special Review, the applicant shall demonstrate that the
parking needs of the residents, guests and employees of the
project have been met, taking into account potential uses of
the parcel, its proximity to mass transit routes and the
downtown area, and any special services, such as vans,
provided for residents, guests and employees."
The PUD review section also establishes relevant standards for
considering on-site parking:
a The probable number of cars used by those using the
proposed development.
b The parking needs of any non-residential uses.
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c The varying time periods of use, whenever joint use of
common parking is proposed.
d The availability of public transit and other transpor-
tation facilities, including those for pedestrian access
and/or ~he commitment to utilize automobile disincentive
techniques in the proposed development.
The proximity
commercial core
City.
Please refer to the site plan (attachment l) in the application
information attached to this memo. The proposed site plan shows
35 on-site spaces. According to the March 16 letter clarifying the
employee generation, 21 to 28 employees will use the Center (based
on the use of the post 1941 portions of the building). ,The Housing
Office believes that'it is probable that thelQwer end of this
range will be the number of employees on site at any given time.
The 0 (Office) zone requires 3 spaces per 1,000 s.f. of net
leasable area, or 1.5 spaces per 1,000 s.f. if cash payment is made
for the difference. This rate anticipates a wide range of office
uses, from a one person typing service to a corporate headquarters.
According to the Housing Office's employee generation guidelines
for "utilities / quasi-governmental" rate, 1.5 to 2.5 persons per
1,000 s.f. are generated.
e
of the proposed development to the
or public recreational facilities in the
The internal layout of the structure is shown in attachment 2 of
the application information. The net leasable area of the post-
1941 portion of the school (the eastern half of the building) is
approximately 14,093 s.f. At the quasi-governmental generation of
1.5 persons per 1,000 s.f., the employee generation would be 21
persons. The feeling of the Housing Office is that the non-
profit offices proposed for this building will have limited hours
of business and run on "shoestring" staff, thus employee generation
will be less than for typical office users. According to Housing
Director Tom Baker, the recreational uses will generate less than
one full time equivalent employee (FTE).
The studio space cannot exceed 5% of the building, or 1,090 s.f.
based on the 21,800 s,.f. post-1941 building because of limitations
set by the financial bOuding requirements. The studio spaces will
probably be 200-300 s.f. each, according to information from Julia
Marshall, who has worked on the lease agreements for the arts
representatives.
If 20-30 persons occupy the building, one parking space is readily
provided per employee. Most of the proposed tenants will not
generate guest parking requirements. Overflow parking has
historically been and will continue to exist at the west end of the
building and on the adjacent streets.
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The project is located two biocks from the:, M;:un:'Street RFTA routes
and is within walking distance to downtown, approximately four
blocks. The Rio Grande Parking Garage is two blocks to the east.
Time needs for parkin.;l' among the tenant$; will counterbalance
between the' office and studio uses during the' day and the
recreation uses during the evenings.
----------------------------------
GMOS ExemDtlon for Essential Public Facilities: Pursuant to
Section 8~104 t.1.b. the council may exempt construction of
essential public facilities. The Commission shall review and make
a recommendation to Council. section 24-8-104.C.l.b. reads:
(i)
(H)
(Hi)
Except for housing, development sh~ll be consider~d an
essential public facility if it serves an essential
public purpose, provides facilities in ,response ,~othe
demands of growth, is not itself a growth generator, ,is
available for use by the general public, and serves the
needs of the city. It' shall also be taken into
consideration whether the development is not-for-profit
venture. This exemption shall not be applied to
commercial or lodge 'development.
A development application shall demonstrate that the
impacts of the essential public facility will be
mitigated, included those associated with the generation
of additional employees, the demand for parking, road and
transit services, the need for basic services including
but not limited to water, sewage, drainage, f ire and
police protection, and solid waste disposal. It shall
also be demonstrated that the proposed development has
negligible adverse impacts on the city I s air, water,
land, and energy resources, and is visually compatible
with the surrounding areas.
Notwithstanding the criteria as set forth in paragraphs
(i) and (ii) above, the city council may determine upon
application that development associated with a nonprofit
entity qualifies as an essential public facility and may
exempt such development from GMQS and from some or all
such mitigation requirements as it deems appropriate and
warranted.
Response: The Planning Office acknowledges that the structure
proposed as the Arts and Recreation Center is not new construction,
but is in effect a new use or development on the site. For this
reason, staff believes that GMQS Exemption as an essential public
facility is warranted. Official recognition that. the structure and
its non-profit uses qualify as essential to the community will
solidify the Center's important role in the community.
9
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The Center complies with par graph (i) ab e~in that i ill serve ~'a/
the PUbliC. in many ways, from active !ecreation to art support andh\ ~
education; offers space to recreatl.on and arts users who must~"" ~
accommodate their increased growth based on community growth; is ~
not a growth generator itself (all users are currently scattered d~
elsewhere throughout the city); is available to the public as any+.; ~
other public facility; and serves the citizens and guests of Aspen. Df 4.4/rG-
The groups listedintheappl ication, and subsequently reduced G.....~.
slightly, who will occupy the building must qualify as bona fide 7-0
nonprofit entities. The city's bond requirements.specify that no ~'~~~J/
less than 95% of the structure may be occupied by non-profit users 7'/w,~
to retain the bond I s status. The artist studio spaces are intended . . . . . .
. for educational use Whe,;7i~Y.l.l..'71 si tors may observe working artists/. :.~~~ ..1J.
. %'ol'l;~~~~C~C/:vA.. ~~ -tt2c~i:tit '~'3~
Of/' The Cen'ter also meets the requl.rements at:' paragraph (i~~rding ~~
impacts. to the Vi.cinity and larger community. Employee generation ~~~~ .
. will be less for the proposed uses (approximately 22-26) than. the ~~tt7~
previous school use (25-30). Parking has beer. o.iscussed previously 1M-< ~
. in this memo as being a neutral impact. Utility needs probably ~
decrease from the previous school use. No negative en~~~onmental ~ ~{~,
impacts will occur, nor will visual inCQmpatibitp~~h~ ~~
The city shoald find that the nonprofit use of this struct':lre~'
qualifies as essential pUl?1ic fa il~ty per ,paragraph, (~ii : (..,iJA"i\2W
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citizen Cemment: .ecause heceul<< net att~n<<the ~u.lic hearin!,
Ferenc .erke su.mi~te<< a letter tethe Plannin! effice ex~ressin!
his e~~esitien te the rezenin!. Please refer te Exhi.it "C".
4. Easement must be established for a 14' wide trail, electric
switchgear, and other utility or pedestal needs.
5. The two water service lines to the building must be properly
metered.
6. The applicants shall agree to join ariy future improvement dis-
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tricts which ~ay be formed for the purpose of constructing
improvements in the public right-of-way.
7. All. material representations made by the applicant in :the
application and during public meetings with the Planning and zoning
Commission and City Council shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
8. The Final PUD Development Plan andPUD. Agreemerit shall be'
recorded in the office of the pitkin County Clerk and R~corder.
Failure on the part of the applicant to record the documents within
a period of one hundred and eighty (180) days following approval
by the City Council shall. render the approvals invalid, unless
reconsideration and approval of both the Commission and City
Council is obtained before tqeir acceptance an<j. recording;
Application Packet/Maps
EXHIBITS
A - Referral Memos
B - Permitted Uses, Public (PUB) Zone District
C - Letter from Ferenc Berko
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PLANNING\, ZONING COMMISSION
EXHIBITr , APPROVED
19 BY RESOLUTION
,
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Se~. 5-220. Public (PUB).
A. Purpose. The purpose of the Public (PUB) zone district is to provide forthe develop-
ment of governmental and quaai.governmental facilit;es fer cultural, educational, civic and
other governmental purposes.
B. Permitted useS. The follo,,?ing uses are permitted as of right in the Public (PUB) zone
district.
1. Library;
2, Museum;
3. Post office;
4. Hospital;
5. ESS/lntilll governmental and public utility uses, facilities, services and buildings
(excluding maintenance shops); .
'6':PerfoI'Il1ing artcel!t'eYl'
7. Public traltsportation stop;
8. Terminal building, and transportation related facilities;
9. Public surface and underground parking areas;
...10....".COnununi~tio1ffacility;o
11. Fire station;
12. Public school;
13. Public park; and
14. Accessory buildings and uses.
C. Conditwnal uses. The following uses are. permitted as conditional Uses in the Public
(PUB) zone distric~. subject to the standards and procedures established in Article 7, Division
3.
,
1. Maintenance shop;
2. Affordable housing; and
3. Satellite dish antennae,
_.~ t)" D. Dimenswnal requirements. The dimensional requirements which shall apply to all
pe~it nditional uses in the Public (PUB) zone district shall be set by the adoption of a'
" .
. . conceptual de elopment plan and final develop~ent plan, pursuant to Article 7..Division 9,
Planned Unit DevelopmEiIlt.
E. Off-street parking requirement The following off-street parking spaces Shall be pro:
~ided for each use in the Public (PUB) zone district, subject to the provisions of Article 5,
Division 3,
1. LQdge uses: N/A
2. ReSidential uses: Requi~e~ special review pursuant to Article 7, Division 4.
3. All other uses: Requires special review pursuant to Article 7, Division 4.
(Ord. N0. 6-1989, S 4).
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PLANNING'& ZONING COWUSSION
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EXHIBITfr. ' APPROVED
19' BY "RESOLUTION
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer ei<-
Date: March 18, 1993
Re: Aspen Arts and Recreation Center (Red' Brick School) - Rezoning, PUD
Development.Plan, and Text Amendment.
Having reviewed the above refererced application, and having made a site inspection, the
engineering department has the following .comments:
1. Rezoning
a. Traffic generation and road safety - The Engineering Department agrees with the.
applicant's statements on pages 6-8 that the proposed use should result in improved
traffic generation and road safety conditions.
b. Demands on public facilities - As per the application, rezoning should not result in
increased demands on public facilities.
2. Text Amendment - The application satisfactorily address the review standards, and the
Engineering Department has no comment on the proposed text amendment.
3. PUD
a. Off-street Parking - It appears that the area proposed to be used at this time totals
21,800 square feet. Perusal of the Code requirements for off-street parking for
similar use zone designations shows a range of from 1.5 to 4 parking spaces per
1,000 square feet. The proposed 35 parking spaces would slightly exceed the
minimum similar requirement which would be 33 spaces. It is recommended that
a condition of approval be to paint the stripes delineating the parking spaces in
order to ensure optimum space utilization. It appears that if striping is at the
standard 8 1/2' space width required by Code, there could actually be 24 spaces on
the north side for a total 36 spaces on site.
It is quite possible that the 36 spaces may, in the future, prove to be
insufficient, and provision should be made at this time to anticipate that possibility.
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Future increased development on the site would. probably require additional on-
site parking, and aily apparent deficiencies in the current on-site parking proposal
should be remedied at that time,
(Should the Transportation and Parking Director be commenting?)
b. On-street Parking - The parking on the Garmisch Street frontage has historically
been unclear due to. the lack: of curb and gutter and signage. Any futur~
development in the public right-of-way at this location must be coordinated with the
Engin~ering Department.
The Garmisch Street right-of-way is 100' wide. It is recommended that the
applicant consider installing curb and gutter on Garmisch Street located to provide
head-in parking similar to other Garmisch Street parking such as at Paepke Park,
Molly Gibson Lodge, the Medical As~ociates, etc., as well as constructing a sidewalk
for pedestrian circulation, Street drainage should be addressed at that time, A
stonn runoff inlet and extension to the storm sewer may need to be installed.
The on-street parking is available to the entire public and may not be
restricted to adjacent businesses or uses.
4. Plat Comments
a. Establish and indicate easements for trail (14'), electric switchgear, and any
other utility pedestal or utility needs.
5. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
6. Given the continuous problems of unapproved work and development in public rights-
of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city
streets department (920-5130).
cc: Bob Gish, Public Works Director
Rob Thomson, Special Projects
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MEMORANDUM
DATE:
Kim Johnson, Planning Office.
Tom B~ker, ~~ffice
April 9, 1993
Red Brick School Referral
TO:
FROM:
RE:
SUMMARY OF REFERRAL COMMENTS: The Housing Office finds that the
proposed plan for the Red Brick School will have fewer impacts in
terms of affordable housing than the historic elementary school
use.
Employee Generation - Based upon staff review, the Housing Office
finds that th~re are generally three uses being proposed for the
Red Brick: office, studio, and recreation. In terms of office
uses, we. find that 3 employeesj1, 000 sf (net leasable) is an
appropriate generation figure. This is consistent with the
generation figures in the city's office zone. In terms. of studio
use, we find insufficient.information to det~rmine a generation
figure. Additional information about how and when a studio will be
used is needed. In terms of recreational uses, we find that the
gymnasium and locker room. will generate less than 1 FTE.. This
figure is derived from Recreatio~ Department experience with the
operation of similar facilities.
According to the applicant and under the alternative which does not
utilize the 1941 section of the building, the applicant expects to
generate be'tween 23 48 empJoyees (p. 7 of the Land Use
Application) or between 21 - 28 employees (March 1.6, 1993 letter
from Alice Davis to Kim Johnson). . Given that the gymnasium and
locker room portion of the building (8320 sf) will generate less
than one employee, then the remaining 13,480 sf will generate', a
figure less than 30. This assumes that the studip use generates
less than 3 employeesj1,000 sf (net leasable) and the 13,480 sf
figure must be revised to depict net leasable square footage.
The Housing Office concludes that the applicant's .21 - 48 employee
generation range is adequate and the actual generation will likely
be at the lower end of that range once additional information is
provided about net leasable space and how and when the studio space
will be used (based upon the option to leave .the 1941 portion of
the school vacant).
Employee Credits - In terms of employee "credits, the Red Brick
School has historically employed 24 - 30 employees, see attachment
1
ATTACH. I
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MEMOI<ANDUM
..
TO:
Kim Johnson, PlanIling Off~ce
,
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Cindy Wilson, Assistant City Manager t-
FROM:.
DATE:
April'6,. 199~
Red BriJ:;k School - Historical Number of ElDployees
. ." .
, RE:
I spoke to both Joe Tarbet, Aspen School District controller and
Barb Tarbet, Elementary S9hool Principal to obtain information
regarding the number of employees in the Red Brick School building
in the past. They both confi'rmed that the number of employees in
the building for. f'bout the past ten years have. be~n about as
follows: '.
5 'administrative personnel
2 janitors
4-5 special teachers
....1Lteachers
24 - 25 total employees
Barb also noted that in 1969 there were 30 employees in the Red
Brick building.
If I can help you with this in any other way, please call me.
TO:
FROM:
DATE:
SUBJECT:
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MEM'ORANDUM
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KIM JOHNSON, PLANNING DEPARTMENT
LARRY BALLENGER, WATER SUP
MARCH 8, 1993
ASPEN ARTS AND RECREATION CENTER
The Water Department would request that the water service line into the Red Brick School be
. properly metered. ' .
Our Department inspected the Red Brick School building's water system this winter. We found
two water service connections that were not metered.
LB:rl
lab9/cedschool.mem
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i,. ,_' _ ,:,";:',~_~V<'_ " , "#t~~;
; ..., ING&ZONIN . ISSION
!,~lnl~j~Jl';, ~.,' PROVEDi~,
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FERENC
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BERKO PHOTOGRAPHY
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5 April 93
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Planning & Zoning Comlll.@.on,
Aspen City Council,
130 S.G~lena,
Asp 0' n .
liDP - 6.
Ladies. and Gentlel}lon:'
Since I shall be out of town to attend the Meeting on Re-zoning
Part of the Residential District to PUD-6, I would like to put
in writing my often expressed opinion that t am against any
Change of Zoning of the Residential District .'inthe ;Test End.
Although there are many good reasons - Financial, Parking etc. _
against such a ohange, my main objection has always been, ~s, is,
and shall-'always be purel~ one.of principle; i.e. the Preservation
of the W€'st End as a Resideyontia1 Area.
~urs ~inCere1Y,
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Davis Horn~c;.
PlANNING. APPRAIsiNG. REAL ESTATE CONSUlJ/NG
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March 16, 1993
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Kim Johnson
Aspen Pitkin Planning Office
130 S. Galena street
Aspen, CO. 81611
RE: Employee Impacts
Dear Kim:
This infoLmation should help you evaluate the employee impacts for
the review for the Red Brick School Rezoning. As stated in the
submitted Land Use Application for the Red Brick School, the city
of Aspen is interested in mitigating all employee impacts generat~d
from the new use of the Red Brick School. We believe that the
employee impacts from the proposed Arts and Recreation Center use
are substantially less than they were for the original school use
and that no mitigation is required.
As stated in the original application, approximately 250 people
used the elementary school. After reviewing and finalizing
employee generation numbers for the proposed Arts and Recreation
Center, we estimate the total employee population of the new use to
be from 21 to 28 employees for the smaller design scheme (not using
the 1941 portion of the building) and from 55 to 90 employees if
the entire building is utilized. As the number of employees/people
on site will be substantially less than for the school use, no
employee mitigation should be required.
It is very important to note that the all employees to be using the
Arts and Recreation Center are currently housed in existing
facilities; their housing and their office space exists somewhere
els~ in town, No new space is being created, only the reuse of an
existing space with a less intensive use. Therefore, it is the
applicant's opinion that no employee housing mitigation is
required.
In estimating the employee population for the Arts and Recreation
Center, it was very difficult to find employee generation standards
for arts and recreation uses. After reviewing numerous guides and
text books, the most applicable standard is for either office space
or quasi-governmental uses. The Housing Office and other experts
in the field agreed, the pUblic/arts/recreation use would generate
employees at the very low end or even below the typical office use.
Therefore we estimated employee population from the quasi-
governmental standard, which falls below the office standard.
AUCE DAVIS. SRA I GlENN HORN. AlC1'
300 EAST HI'MAN. SUITE B. ASPEN, COLORADO 816tj . 3O:l/92!H>581. FAX: 303/925-5180
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PLANNING. APPRAISING. RfAL ESTATE CONSUmNG
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MIl . \993
March 8, 1993
Kim Johnson
Aspen Pitkin Planning Office
130 S. Galena street
Aspen, CO. 81611
RE: Amendment to the Land Use Application for the Red Brick School
Dear Kim:
As we discussed, this letter is an amendment to the application for
the rezoning of the Red Brick School facility to Public for the
reuse of the structure as the Aspen Arts and Recreation Center.
The change in use of the Red Brick property from an elementary
school to a public arts and recreation facility is not technically
a change in use according to the Aspen Land Use Regulations as the
change is not between categories ,of growth management competition.
still, the applicant fully intends to mitigate all impacts of the
change in use to the public arts and recreation center.
As we agreed, the applicant is therefore requesting approval for a
GMQS Exemption pursuant to Section 8-104 (C) Exemption by city
council (1) (b) Construction of essential public facilites.
Although the change in use is not new construction, the creation of
the new public arts and recreation center is a new use and the
applicant intends to mitigate any impacts generated by the new use.
Therefore, our amendment to the application is to request approval
for a growth management exemption for the creation of an essential
public facility.
The city of Aspen is also requesting a rezoning of the site from R-
6 to Public as the Public zone is more appropriate,for the proposed
use of the site.' The pUblic facility proposed serves an essential
purpose, provided facilities in response to the demands of growth
and in itself is not a growth generator. The facility will be
available for use by the public and serves the needs of the city.
As discussed in the original application, the proposed use of the
Red Brick School will not generate the need for new employees,
parking, road or transit services, or the need for basic services
such as water, sewage treatment, drainage control, fire and police
protection, and solid waste disposal. As the proposed use is less
intensive than the previous school use, there will be not adverse
impact on the city's air, water, land and energy resources. The
structure, under the new use, will be visually compatible with the
neighborhood." .
AUCE DAVIS, SRA I GLENN HORN, AlCP
300 EAST HYMAN. SUITE B. ASPEN, COlORADO 81611 . 3ll3J925.6S87 . FAX: 3031925-5180
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DavisHom~~.
PlANNING. APPRAISING. REAL ESTATE CONSUDlNG
March-1, 1993
.
Ms. Kim Johnson
Aspen Pitkin Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Land Use Application for the Red Brick School to be used as
the new Aspen Arts and,Recreation Center
Dear Kim:
Attached is the application for our client, the City of Aspen,
requesting :
1)
Rezoning approval for the Red Brick School site from R-6
Residential to PUB, Public;
2)
Approval of a PUD development plan which establishes the
dimensional requirements for the site as is required by
the Public zone district regulations;
Approval of a minor text amendment to the Public zone
district.
3)
We have done our best to satisfy the applicable requirements of the
Aspen Land Use Regulations and to address items identified in our
pre-application conferences. Please let us know if we have failed
to address any issues of concern to you.
. Thank' you for your consideration. Please call if you have any
questions or if you need further information.
Thank you,
DAVIS HORN INCORPORATED
cuw. ~
ALICE DAVIS, SRA I GlENN HORN, AlCl'
300 EAST HYMAN . SUITE B. ASPEN. COI.OllADO B16t1. ~7 . FAX: 3O:ii925-stso
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INTRODUCTION
Davis Horn Incorporat~d, represents the city of Aspen who is the
appf.icant and the owner of. the .Red . Brick School. Building at 110
East Hallam Street. (See' Attachment 1, Vicinity Map.) The
applicant is requesting approval for a rezoning of the Red Brick
School from R-6 Residential to PUB Public. simul taneously, a minor
text amendment to the city of Aspen Municipal Land Use Regulations
is requested. As the Public zone is; in~ended. ~?r.a wide variElty of
public and public related uses, dimensional requirements are not
given in the Regulations, but rather are established on a case by
case basis through the PUD process. Therefore, the applicant is
also requesting approval for a PUD plan which establishes the basic
dimensional requirements for the property. This application
addresses the standards and requirements for the following
approvals being requested:
1. Rezoning of the Red Brick School property (to be used as
the Aspen Arts and Recreation Center) from the R-6
Residential zone to the PUB, public zone district;
2 . A minor text amendment to the Land Use Regulations
regarding the Public zone district; and
3. Approval of a PUDdevelopment plan establishing the
dimensional and off street parking requirements for the
property as is required by the Public zone district. The
planning director has determined, according to section 7-
903 (C)(3), consolidation of conceptual and final
development review, that it is appropriate for this PUD
review to be consolidated from a four step into a two
step process.
This application briefly discusses the existing conditions and
history of the subject property, describes. the proposed use of the
building and addresses the applicable Aspen Land Use Regulation
review standards and requirements of each of the three approvals
requested.
EXISTING CONDITIONS AND A BRIEF HISTORY
OF THE SUBJECT PROPERTY
The Red Brick School is located in the.. hElaJ:'t ..o~ ~spen I s West End
neighborhood at 110 East Hallam Street. The scho9l was originally
built in 1941 and sits on a estimatp.d 90,700 square foot parcel of
land. The existing structure consists of three sections containing
approximately 35,800 total square feet of gross floor area. The
first section is the original school building and a
receiving/storage addition which contains 14,000 square feet.
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The second section is 11,240 square feet including a major
classroom and mechanical room addition built to the east of the
original building in the 1970's. This area is in better condition
than the original structure and is in less need of hazardous
material abatement,. The third section of the existing building
,contains 10,560 square feet, was also built in the early 1970's and'
is to the east of the classroom addition. It consists of a 6080
square foot gymnasium and vestibule, a 2240 square foot stage area
with a small office and storage area and stairs which lead to a
2240 square foot ~asement area locker room. (See.Attachment'~, Red
Brick School Building, Existing First Floor Plan.)
The surrounding neighborhood is the well <'!stablished West End
residential neighborhood.- To the east, south and west of the
subject are single family homes which have predominated the West
End Neighborhood for over one. hundred years. There is a bike path
along the northern property line which leads from the residential
neighborhood to a commercial area below.
The site is generally level, though to the north and northeast,
beyond the bike path, steep slopes drop away from the property to
adjacent commercial uses to the nQrth. The', slope provides a
barrier between the commercial uses adjacent to the north, the
subject property and adjacent residential uses. There are
sidewalks on the south and west sides of the property and on-street
paved parking to the west. The site is modestly landscaped on the
south, between the building and the street with a lawn, shrubs and
trees.
The Red Brick School was purchased by the city of Aspen from the
Aspen School District No. 1 with the closing on January 14, 1993.
The City purchased the school with bond money which requires that
the building continue with pUblic uses and that only five percent
of the floor area be occupied by uses other than non-profit or
governmental/public entities. (See Attachment 2, a letter to the
City of Aspen Finance Director regarding the General Obligations
Bonds used for the purchase of the school building.)
various citizen and public groups including the more recently
formed Red Brick Committee have supported the purchase of the
building for public, arts and recreation related purposes and the
issuing of bonds to fund' the purchase and the cost of building
improvement and renovation. As the school, particularly the
original 1940's portion, has a hazardous material problem which
needs to be abated, costs for renovation and improvement are higher
than they would otherwise be.
Since the City is now the owner of the property, The Red Brick
Committee, city staff and the City Council are working to make the
best use of the property for public and arts related purposes.
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The building is proposed to- house the .city Recreation Department
offices; city recreational.progra;us and activities; art and
cultural activities and uses; and art, dance and writers' studios.
This application seeks approvals required for the City to operate
the structure in the manner..approved by the voters in the public
election on the purchase.
PROPOSED PROJECT
As mentioned previously, The Red Brick School is to be used for
public, art, cultural and recreational uses.. As required by the
bond documents, public and non-profit uses are to always be the
predominant uses in the building. As currently proposed, the
gymnasium will be used by the city Recreation Department, the
basement will continue to be used as a locker room for recreational
activities. and theramai..r.cier. Clf.thebuildlI1CJwi.li be.l..1seci for a'
variety of public, arts,. cultural and. recreational office and
studio uses. Although the proposed tenants will certainly change
with time and possibly before the building is actually ready for
occupancy, an administrative office for each of the fOllowi,ng
tenants is currently anticipated for the building: .
city Recreation Department
Dance Aspen
Aspen Art Museum
Aspen Filmfest
KAJX
Aspen Ballet company
Aspen Theater
The Writer's Conference
Arts Council
Aspen Ridiculous Theater
Aspen Yoga Center
Aspen Interactive
All of the above uses except Aspen Yoga Center and possibly Aspen
Interactive, are non-profit organizations. Aspen Interactive is
now seeking non-profit status. In'addition to the above tenants,
the building is proposed to include the following:
A 651 square foot common lecture hall
A 150 square foot common secretarial area
Four to five spaces to be used as,~rtists' studios.
The currently proposed uses have been reviewed and.eval~~ted by the
Red Brick Committee. .,. ,'...
The Red Brick Committee came up with four potential options for the
city council for renovating the school building; these options are
found in the memorandum in Attachment 3.
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At this time, the Red Brick Committee is proposing use of the
gymnasium and the'. classroom addition completed in the 1970's.
Using only these two sections of t.he building, the building is
expected to be fully occupied. The Committee has proposed that the
remainder of the building, the original 1940s school, will either
be renovated at a later date, demolishea or locked off and not used
until further plans are finalized and money obtained for the reuse
or reconstruction of this section of the building. Regardless of
the option chosen, the entire property as it currently exists is
the subject of this rezoning applicat~on.
REZONING TO PUBLIC
The applicant is requesting a rezoning of the subject property from
R-6 Residential to PUB, Public. The structure ,has b~en used and
will continue to be used for pUblic,purposes since.it was built in
1941. Although a school is a conditional use in the R-6
Residential zone, the Public zone district is more appropriate for
the property given the sale of the building from the Aspen School
District to the City of Aspen for arts, cultural and recreational
purposes.
A rezoning is an amendment to the official zoning map. This
rezoning is therefore requested pursuant to Division 11 of the
Aspen Land Use Regulations, 1\HENDMEN'l'S TO THE TEXT OF THIS CHAPTER
AND THE OFFICIAL ZONE DISTRICT MAP. This section of the
regulations require an applicant to address and the City Council
and the commission to consider the nine standards. of review. The.se
standards are identified and addressed below.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
The proposed amendment to the official zone district map to
change the subject property's zoning designation from R-6 to
PUB is not in conflict with any portion of the Land Use
Regulations. '
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area comprehensive Plan.
The Aspen Area Comprehensive Plan calls for the Red Brick
School to be used for pUblic purposes. This amendment to the
map is not only consistent with the Plan, but is a step toward
insuring that the structure is preserved for public and
related appropriate uses in the future. The purchase of the
Red Brick School was approved by the voters of the city of
Aspen in a public election in August of 1992.
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'rhe Red Brick School Committee consists of a wide variety of
community volunte,?rs, both opponents and proponents of the
purchase, was formed soon after the election.to address the
usa and redevelopment of the building into an art and
recreational center.', This committee appears ,to agree that t-he
proposed reuse of the building is consistent with the Aspen
Area Community Plan and with the electorate's intent of the
use of the school as approved in the' public ,election on the
issue.
c. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposed use is compatible with surround~r.g zone districts
and ,land .uses. It has been an even more intensive school use
in the' past and was a permitted conditionai 1.lse in theR"'6
zone district where it is. now located. Therefore, it is
considered compatible with the surrounding R-6 zone district.
Down the steep slopes to the north of the subject property is
a commercial area zoned (NC - Neighborhood Commercial and SeI
. Service commercial Industrial) with an SPA overlay.
Although they are adjacent to the subject, the uses found here
are much more intensive and a;e ~ot r~ally physically a part
of the immediate neighborhood. The subject property is
somewhat of a buffer between the resid~n~ia.~neighborhood on
three sides and the commercial uses to the north.
The neighborhood has been actively involved in the purchase
and reuse of the school building through various citizen
committees and public meetings. The Red Brick committee was
established after the election in August of 1991 when the
purchase of the school was approved by the voters. This
committee is made up of a wide variety of people with
different concerns. The arts community, real estate
community, neighbors and opponents of the school purchase were
all represented. This committee has worked hard since its
conception in December of 1992 to come to agreement on the use
and management and redevelopment of the Red Brick. School.
This rezoninq is a first step to accomplish the redevelopment
of the building for use as an arts and recreational'cen~er.
The less intensive proposed use of the building as a
recreational, arts, cultural and public facility brings less
impacts than the elementary school did when it was operating
in the building.
D. The effect of the proposed amendment on traffic
generation and road safety.
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The proposed Aspen Arts and Recreation Center '.1ill at a
-m:i:ni:nl1.ull be "impact neutral" in that it will have no more
impacts than the school use which has impacted the
neighborhood since its construction in 1941. In reality, the
propossd use will have substan~i~lly less impacts on.traffic
generation,and road safety.
The last year of operation, the school was used for
kindergarten and first grade classes and the school business
office. There was a total population of 250 including 230
students, ten full-time teachers, five special teachers, three
business office employees and two janitorial staff.
Approximately twelve buses dropped students off at the school
in the morning and picked up s~udents in the afternoon. In
addition, it is estimated that fifty students were dropped off
and picked up by car each day. A large majority of the
faculty, staff apd school board members traveled to and from
the campus by car, parking in the area behind the gym, in the
area behind the business office, along 'the front of the
building: on Hallam street and on Garmisch street. Regular
trash pick up as well as occasional deliveries and field trips
by bus generated some additional trips. The total number of
round trips t<;> and from the school each day is estimated to
have beeil 160 vehicles trips per day. A similar level of
activity was going on at the yellow brick school diagonally
across from the site. In addition, extracurricular activities
occurred in the school gymnasium, which was utilized both by
students and members of the community. Barricades were set up
daily: on Garmisch and Hallam to interrupt traffic in the
vicinity of the two schools.
The proposed use will generate from 23 to 48 employees under
the smaller design scheme (not using the original 1941 portion
of the building) and 55 to 90 employees if,the entire building
is utilized. This range has been established first by
estimating the actual number of employees anticipated given
the proposed tenants and second by use of a national standard
for an office use which was applied to the entire building.
The actual estimated population is considered to be the most
accurate in determining the number of ~mployees, therefore the
lowE!r end of the range, 23 to 48 is the best estimate of
employees in the proposed arts and recreation center.
As the property is centrally located and easily accessed by
foot and by public transportation, vehicular trip generation
will be less than for a property with an inferior location.
We found no trip generation standard for artist studios or
recreational uses and therefore have used the low end of the
trip generation standard for office use: four trips per 1000
square feet of space.
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This shows 142 vehicle trips per day , les's than for the school
use, even without considering the previous extracurricular
activities and'the trips generated by the yellow brick
diagonal~y across the street.
There does not appear to have been any officially designated " ~
parking on the school site in. the past. Ken smith o~ Smithw{z,' .
Associates Architects completed a stUdy on the, various
redevelopment alternative .for the Red Brick School.' He has)
access to an original improvement survey of the school
property and no parkipg is shown. Historically the area to
the north and west of the structure has been used as a parking
lot. Approximately 35 spaces have been accommodated in this
area. Therefore, the applicant proposes to provide these 35
spaces for the 23 to 48 employees. The'20 to 25 on-street
parking spaces will be utilized for gUests. At approximately
one space per employee, we feel this is suffioient, especially
since the proposed. tenants, except for the recreational
programs, will not generate many visitors. Artist studios do
not tend to generate the need for additional parking. still,
the stand,ard does consider. client and visitor traffic. The
tenants of the building will be encouraged at. the time of ' " '
signing a lease, not to use their cars, but to ride share,
walk and use the public parking garage two blocks (700 feet)
east.
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The proposed arts and recreation center will generate less
impacts with regard to traffic generation, road safety,
parking and employee generation than the previous school use.
E. Whether and the extent to ~h~c~ ~h~ proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
The rezoning to public will not result in increased de~and. on
public facilities.. Th.e existing structure has beeJ:\. in
existence and the impacts arealrliladyaccoIlllJlodated within
current services. The change from' school to public uses
should decrease impacts given the reduction in the on-site
population and the public facilities required to accommodate
them. .
F. Whether and the extent..to which t!'eproposed amendment
would result in siqnificantly adverse impacts on the
natural environment.
The rezoning to public and then~w arts and recreation uses to
be allowed will not adversely impact the natural environment.
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G. Whether the prop~sed amendment is consistent and
compatible with the community character in the City of
Aspen.
The proposed rezoning is consistent and compatible with the
community character in the City of Aspen and in the
neighborhood. The proposed Aspen Art and Recreation Center
use encompasses two of the. stronger elements of the
community's character - arts and recreationa,l activities. The.
rezoning and'new use of the building should actually enhance
community character.
H. Whether there have been changed conditions affecting the
subject parcel or the slU'roundinq neighborhood which
support the proposed amendment.
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The Red Brick School was sold by the Aspen School Dist~ict
after the District planned and built a new elementary school
on the Maroon ~reek campus. The purchase of the property by
the City of Aspen involved substantial public input. The
change in ownership from a school district to the governmental
entity is a changed condition which supports the rezoning from
R-6, which is more appropriate for a neighborhood school, to
Public, a more appropriate zone for the prcposed public, arts
and recreational use.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
The text amendment to rezone the Red Brick School to Public
and the redevelopment of the school into the Aspen Arts and
Recreation Center is not in conflict with the public interest,
but rather is strongly in the public interest. The rezoning
of a public building to Public is also within the purpose and
intent of this chapter of the Land Use Regulations.
TEXT AMENDMENT TO AMEND THE PUBLIC ZONE DISTRICT
The applicant proposes a minor amendment to the text of the Aspen
Land Use Regulations regarding the permitted uses in the PUblic
zone district. Therefore, in addition to the above discussed
rezoning, a second text amendment is therefore requested pursuant
to Division 11 of the Aspen Land Use Regulations, AMENDMENTS TO THE
TEXT OF THIS CHAPTER AND THE OFFICIAL ZONE DISTRICT MAP. The
applicant is requesting the addition of a permitted use in the
Public zone district under Section 5-220 (B) Permitted Uses. The
recommended language is to add the following as permitted use
,number 15 under this .section of the Regulations:
"15. Arts, cultural and recreational activities."
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Although the arts related uses proposed for the Red Brick build~ng
such as' the non-profit organizations and the artist and writers
studios could be allowed in the Public zone without this amendment,
the applicant feels the, amendment clarifies the arts and
recreational uses and removes any gray area in allowing different,
but related and appropriate uses in the future. '
The artists and/or writers studios are the only prOposed uses which
are "for profit". The bond documents for the city's purchase and
renovation of the Red .Brickbuilding are very clear in that they
require no more than five percent of the net leasable floor area of
the building to be occupied by such "for profit" organizations.
Ninety-five percent of the building has to be for public, non-
profit or governmental uses. Therefore. this bond requirement
provides protection. against the expansion of "for profit" uses
which may have brought greater impacts on the neighborhood at some
point in the future if not 'strictly regulated. The public zone
district itself provides another level of protection against a wide
array of uses which might bring mare impacts. The purpose of the
Public zone district as stated in the Aspen Land Use Regulations
is: '
"The purpose of the Public (PUB) zone district is to provide
for the development of governmental, and quasi-governm~ntal
facilities for CUltural,' educational, civic and other
governmental purposes."
The above purpose of the Public zone mentions cultur~l, educational
and civic uses and the proposed amendment actually specifies
similar appropriate uses and activities. The applicant feels that
the proposed uses (arts, cultural and recreational uses) are within
the intent of the Public zone, and the amendment is to clarify the
applicable section of the Regulations by actually delineating these
uses in the list of permitted uses.
These arts, cultural and recreational uses. are within the intent of
the zone district, but the proposed text amendment will also allow
the Public zone district.to getter a880~8q~~~.tA~ proposed uses at
the new Aspen Art and Recreation center, the uses for which the
building was purchased.
Again, the bond documents will always restrict the number of
organizations which. are not non-profit and will help govern the
uses allowed in the building. Along with the requirements of the
Public zon~ itself, the bond 'documents will help keep the allowed
uses within the intent of the Public zone and consistent with the
intent of the electorate when they approved the purchase of the Red
Brick School for public, arts and recreational uses.
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Although it may be somewhat repetitive, the same nine review
standards for the text amendment ,(rozoning) discussed above, are
applicable to this text amendment; the addition of an allowed use
to the Public zone district. These nine standards of review are
.' briefly discussed below as they relate to this proposed. t,ext
amendment. .
A. Whether the proposed amendment is in conflict with any
applic~bleportions of this chapter.
This amendment is not in conflict with any portion of this
chapter.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area comprehensive Plan.
This. amendment is consistent with all elements of the AACP'.
C. . Whether :the proposed ,amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposec;i, allowed uses, "arts, cultural and reCreational
activities", will allow uses which are compatible with
surround,ing zone districts (R-6 Residential, NC - Neighborhood
Commercial and SCI - Service, Commercial Industrial with an
SPA Overlay) and with surrounding lano. uses (residential, the
yellow brick school and commercial uses at the Post Office and
Truman Center) .
D. The effect of the proposed amendment on traffic
generation and road safety.
As permitted use in the PUblic zone, the proposed arts,
cultural and recreational uses will generate less impacts than
the more traditional public uses allowed in the Public zone
district. No standards were found for determining impacts
from artist studios or recreational uses. Several experts
surveyed indicate that the low end of impact standards for
office uses best reflects the high end of impacts from such
arts and recreational uses.
On the Red Brick site, at a minimum, the new uses will be
"impact neutral" in that they will have no more impacts than
the school use which has impacted the neighborhood since its
construction in 1941. In reality, the site will generate less
traffic and result in safer roads than the school.
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E. Whether and the extent to which ,the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment. would
exceed the capacity of such public facilities, including
but not lill,lited to transportation facilities, sewag:e
facilities, water supply, parks, drainage, schools, and
emergency medical facilities~
The addition of the propqsed uses does not change, but rather
clarifies the allowed uses within the Public zone. Therefore
these uses will not result in increased demand on public:
facilities. The existing structure has been in'existence and
the impacts are already accommodatc.d within .current servic::es.
The proposed permitted uses will probably generate less demand
on public facilities than traditional public uses. The change
from school to the proposed public uses should decrease
impacts: on. the Red Brick site ,as well given the reduction in
the on-site population and the'public facilities required to
accommodate them.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment. .
The addition of the proposed permitted uses in the Public zone
district will not adversely impact the natural environment.
G. Whether the proposed amendment is consistent IUld
compatible with the community character in the city of
Aspen.
The proposed text amendment is consistent and compatible with
the community character in the city of Aspen and in the
neighborhood. The proposed permitted uses and the new Aspen
Art and Recreation Center use encompasses two of the stronger
elements of the community's character the arts and
recreational activities. The new.use of the building should
actually enhance community character.
H. Whether there have been changed condition~ affecting the
subject parcel or t,he surrounding neighborhood which
support the proposed amendment.
The Red Brick School building was sold by the Aspen School
District after the District planned and built a new elementary
school on the Maroon Creek campus. The purchase of the
property by the city of Aspen involved substantial public
input. The change in ownership from a school district to the
governmental entity is a changed condition which instigated
this text amendment. The amendment is appropriate for the
. entire Public zone district, but is most appropriate in its
application to the Red Brick site.
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t. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and inte~t of this chapter.
The proposed text amendment to add arts, cultural and
recreational activities as permitted uses in the Public zone
district is not in conflict with the public interest, but
rather is strongly in the public interest.
POD DEVELOPMENT PLAN FOR THE
PUBLIC ZONE DrMENSrONAL REQUrREMENTS
Section 5-220 (D) of the Aspen Land Use Regulations (Public Zone
District, Dimensional Requirements) states that
"The dimensional requirements which shall apply to all
permitted conditional uses in the Public (PUB) zone district
be set by the adoption of a conceptual development plan and
final development plan pursuant Article 7, Division 9, Planned
Unit Development."
Although this indicates that the only permitted conditional uses
are subject to the PUD review, no dimensional requirements are
established for permitted uses in the Public Zone. Therefore, as
suggested in our pre-application conference, we have addressed the
PUD section of the Code as a means of establishing the dimensional
requirements and parking requirements for the property. As there
is no new development proposed, but rather the Red Brick School is
proposed for reuse as a public arts and recreation center, the
footprint of the structure is not changing at this time and the
dimensional requirements proposed will be consistent with what has
been in place since the building was constructed.
As the Public zone district uses a PUD plan review only as a means
of establishing appropriate dimensional and parking requirements,
many sections of the PUD review are not applicable. We have
addressed only the standards which apply to the specifics of this
site and the proposed reuse of the. building. All general
requirements are considered not applicable, though the subject
property complies with the general requirements of the POD review.
The following addresses the applicable concerns.
section 7-903 (B) (4) Dimensional Recruirements. The
dimensional requirements shall be those of the underlyin'g Zone
District, provided that variations may be permitted in the
following:
a. Minimum distance between buildings;
b. Maximum height (including viewplanes);
c. Minimum front yard;
d. Minimum rear yard;
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Minimum sid~ yard;
Minimum lot ~idth;
Minimum lot area;
Trash access area;.
Internal floor .arearatio; and
Minimum percent open space.
If a variation is permitted in minimum lot'area, the area of
any lot may be greater or less than the minim11lll requirement of
the underlying Zone District, provided the total area of all
lots, when avera.9'ed, at least equals the permitted minimum for
the zone District. Any variation permitted shall ~e clearly
indicated on .the final deyelopment plan.
Again, the Public zone district does not establish dim~nsional
requirements, so the applicant is proposing the following for the
Red Brick School site and the'Aspen Arts and Recreational Center:
a.
b.
c.
d.
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h.
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Minimum distance between buildings: 10 feet
Maximum height (including viewplanes) :"25 ft
Minimum front yard: 10 feet (except 4 it at entry)
Minimum rear yard: 15 feet
Minimum side yard: 5 feet
Minimum lot width: 60 feet
Minimum lot area: 6,000 square feet
Trash access area: See att'd survey
Internal floor area ratio: 0.75:1
Minimum percent open space: No requirement
These requirements have been developed from the dimensional
requirements in the City of Aspen's 0- Office zeme district and the
adjacent R-6 Residential zone district, whichever was most
appropriate. ' /l: -'
section 7-903 (B) (5) Off-street tlarkina... The numl:ler of off-
street parking spaces may ~e varied fr9m that required in the
underlying Zone District ~ased.. on the following
considerations.
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k. The pro~able numl:ler of cars used ~y those
using the proposed development.
1. The parking needs of any non-residential uses.
m. The varying time periods of use, whenever
joint use of common parking is proposed.
n. The availa~ility of public transit and other
transportation facilities, including those for
pedestrian access and/or the commitment to
utilize automo~ile disincentive techniques in
the ~roposed development.
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o. The proximity' of the proposed, development to
the commercial core or pUblic 'recreational
facilities in the city.
Whenever the number of off-street parking spaces is
reduced, the city shall obtain assurance that the
nature of the occupancy will not change.
The Public zone district does not address parking requirements so
the applicant has addressed the parking section of the PUD review.
As discussed previously, it is estimated that 23 to 48 employees
will use the proposed arts and recreationdl.center.Assuming each
employee has one car, the historical parking on-site should be
adequate for the new use and will be maintained for use by the
facility. There has been no officially ,designated parking on the
school site in the past. Historically the area to the north and
west of the structure has been used as a parking area.
Approximately 35 spaces have been, accommodated, including
circulation, in this area. Therefore, . ,the applicant proposes to.
provide these 35 spaces for the 23 to 48 employee cars. The 20 to
25 on-street parking space will be utilized for guest parking or
any overflow parking needs. At approximately one space per
employee, we feel this is sufficient, especially since most of the
proposed tenants will not generate many visitors. The. artist
studios will not generate the need for additional parking. still,
the standard does consider client and visitor traffic.
Most cars will be arriving and departing at the beginning and end
of typical work hours. The artist studios may have more flexible
hours which would decrease peak demand for traffic and parking.
As the building is centrally located and within a few blocks of the
public parking garage, the commercial core and neighborhood
shopping, many employees and visitors will be traveling by foot.
The city of Aspen's public parking garage is two blocks (700 feet)
east and is convenient for use by users of the Red Brick Facility.
The use of the parking garage, pedestrian travel and other auto-
disincentives will be strongly encouraged through the management
and leasing operations.
The proposed Arts and Recreation Center will always be for public,
arts, cultural and recreational uses and the nature of the
occupancy will not change. In addition to the requirements of the
Public zone district, this is further guaranteed by the bond
documents for the financing of the building's purchase as only five
percent of the net leasable floor area can be rented to tenants who
are not non~profits. (See Attachment 3.)
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SiCTION VII
EXISTING FLOOR PLAN
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MEMORANDUM
ATTACH~ENT~
TO:
Mayor and Council
FROM:
R~d Brick Committee
DATE:
February 9, 1993
RE:
Recommendations Regarding Red Brick Renovation and
Management
The Red Brick Committee has met approximately eight times' to'
discuss and recommend to City Council a long-range program for the
Red Brick Building.
The Committee is made up of the following members:
Julia Marshall
Lee Ambrose
Jill Uris
Don Fleischer
Janet Garwood
Bill Martin
Joanne Lyon
Mary Martin
Janet Roberts
Katherine Lee
Bob Camp.
Staff support has been provided by:
Bill Efting
Ken Collins
Rob Thomson
Cindy wilson
Amy. Margerum
The Committee reached a consensus on the following key points:
* The Red Brick site should be used for arts, recreation and
compatible community uses;
* The parcel should not be split or sold off for other
purposes or uses such as housing;
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* Mqnagement of both tenant' relations and day to d~y
maintenance of the bu11ding should be by one 'entity;
~
* . The City council should appoint an
review both the operational aspects
recommend capital improvements. 'The
provide feedback on programmatic and
woul~ have no mar.agement authority.
advisory committ~e to
of the building and
advisory group. would
operating issues but
Renovation
The committee received a report from Smith Associates Architects
which presents four altet:natives for renovation. The report is
attached as Appendix A. The four alternatives are summarized
below:
Alternative 1:
requirements,
Minimum upgrade to meet ccdeand ,maintenance
Paved on-site parking lot with 35 spaces.
Alternative 2: Demolish the 1941 portion of the structure. Upgrade
and remodel the classroom and gym areas, construct a new addition
of 6,000 square feet designed for an arts center, paved parking lot
on-site with 60 spaces, new landscaping.
Alternative 2B: Demolishthe 1941 structure, upgrade the remaining
portion of the building to meet code and maintenance requirements,
reconfigure and renovate the floorplan to meet Art Council needs,
paved parking lot on-site with 35 spaces.
Alternative 3: Demolish the entire building and build a new 23,000
square foot arts and recreation center, create a paved parking lot
on-site with 60 spaces, new landscaping.
cost estimates of the alternatives are:
Alternative 1: $1,425,106
Alternative 2 : $2,172,331
Alternative 2B: $1,287,138
Alternative 3 : $3,146,235
The committee reached consensus not to support any of the first
three alternatives primarily because of the costs involved.
The Committee recommends the proposed renovation costs stay within
the $1,000,000 budget which the City has earmarked and should not
be dependent on fund.ing from outside sources. However, any savings
or interest earnings experienced by the ci~y due to the delays in
2
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this pr,oject would be approp~ia.te .to use for the renovation and
could increase the $1,000,000 budget.
'"
Recommendation: After reviewing all fnur alternatives,
committee. with the cooperation of the Arts Council recommend
City Council consider Alternative 4. Several factors s~pport
recommendation: . .\', '. ,
1. Cost - The committee feels that we were challenged to
recommend an option which would most benefit the artistic
community for a $1,000,000 project. '
the
that
this
2. Arts Council Needs - With the new configuration of rooms
in the newer section, most of the Arts Council current
needs will be satisfied.
,.3. Energy 'Efficiency - This al.ternative will provide the
community with a much more energy efficient building. '
4. Expansion - This alternative leaves room for expansion
of the art center at a future date.
5. Occupancy - The committee projects that this option would
allow the building to be functional approximately 1 year
atter the design team selection.
Manaqement
The Committee reached consensus that property management and tenant
relations should not be segregated from building management.
Whatever group is responsible for managing the building should be
responsible for both the tenant relations (negotiating leases,
collecting rents, etc) and day to day building maintenance. The
Committee also agreed that regardless of who manages the building
there should be an advisory group appointed which consists of City
council representation, citizen/business representation and Arts
Council representatives. The advisory group would be used for
feedback on programmatic and operating issues but would have no
management responsibility.
The Committee considered several management options. The Committee
evaluated management alternatives based on the following criteria:
Financial viability:
financial reports
standards;
will the management Entity prepare timely
and have clear financial goals and
Support of the Arts:
encourage the arts;
will the management entity support and
Who is the best organization to determine uses of building?
3
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Does the entity have property management experience?
The Committee 'narrowed the options to either management by the City
" or by an outside board such as the Arts Council. The Committee
agreed that any management option chosen should be re-evaluated
after a year or sooner if problems arise. The committee was split
on ,which management entity they preferred, however a~l except one
membe:r; felt they could "live with" Arts Council management for one
year with a review. All agreed that they could "live with" City
management of the building with oversight by an advisory board.
In considering the alternatives the followirig assumption was made:
* The direct cost of managing the building was assumed to be
the same regardless of whether the City or the Arts Council
managed the building,
city Manaqement:
* If the city managed the building the City would hire staff or
contrapt for property management services including negotiating
leases and maintenance services. There would be an office in the
recreation area for staff or property management contractors. An
existing City manager(s) would oversee staff or contractors.
Advantages:
* The ~ity has existing infrastructure (i.e. attorney
support, ~nsurance, management experience, personnel system,
financial system, etc)
* Financial reporting and accountability is already in place.
* More direct and timely accountability to the public.
* city Council would set goals for the building. staff
reports to Council.
Disadvantages:
* city.. staff not as aware of arts groups I needs'.
* city doesn't have a great deal of experience in renting
space and being a landlord.
Arts Council Manaqement:
* Arts Council would hire a director which would oversee the
leasing and building maintenance aspects of the building '{ in
addition to other Arts Council duties). Leasing and tenant
relations issues would be handled by. the director. Building
4
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maintenance functions would be either con~racted out or done by
other hired staff. staff reports' to.the Arts Council.
.0 ,.
Advantages:
* Arts Council has good understanding of tenant needs and has
a mission to support and encourage the arts.
* May be the best organization to determine uses of the
building, however there is a concern that property management
will conflict with ,the mission of the Arts Council. '
Disadvantages:
* Financial viability: the Arts Council will need to develop
a system for financial reporting. Reporting would be made to
the Arts Council. The community as a whole and the City
Council may have delayed access to financial information.
* The ArtE; Council as an entity does not. have a strong
background in property management.
RECOMMENDATION:
The Committee would like to discuss the above options with City
Council and get feedback.
5
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MEMORANDUM
TO:
Kim Johnson, Planning Office
FROM:
Cindy Wilson, Assistant city
Manager a~
DATE:
April 6, 1993
Red Brick School - Historical Number of Employees
RE:
I spoke to both Joe Tarbet, Aspen School District controller and
Barb Tarbet, Elementary School Principal to obtain information
regarding the number of employees in the Red Brick School building
in the past. They both confirmed that the number of employees in
the building for about the past ten years have been about as
follows:
5 administrative personnel
2 janitors
4-5 special teachers
~teachers
24 - 25 total employees
Barb also noted that in 1969 there were 30 employees in the Red
Brick building.
If I can help you with this in any other way, please call me.
f1
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AFFIDAVIT OF PUBLIC NOTICE
OF APPLICATION FOR DEVELOPMENT APPROVAL
(Pursuant to section 6-205 E. of the Aspen Land Use Regulations)
State of Colorado)
) SS.
city of Aspen )
follows:
The undersigned, being duly sworn, deposes and says as
I, Alice Davis being or representing an applicant before city
of Aspen, personally, certify that Public Notice of the application
for the Red Brick School was given by mailing notice of the public
hearing before the Aspen City council to all property owners within
300 feet of the Red Brick School. Also, notice was posted via a
sign containing the information required in section 6-205 E with
such posting in a conspicuous place (as could be seen from the
nearest public way). Posting and mailing occurred on April 22,
1993.
Applicant:
city of Aspen,
Owner Red Brick
By
Qu~~
Alice Davis -
The foregoing Affidavit of Public Notice was acknowledged and
signed before me this 30 day of April, 1992, by Alice Davis on
behalf of the City of Aspen.
WI~NESS my hand and official seal.
'. lory 66ll1mission eXPireS:.;<'/~;;171fj,
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- . OT PUBLIC
Cl
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AFFIDAVIT OF PUBLIC NOTICE
OF APPLICATION FOR DEVELOPMENT APPRO~AL
(Pursuant to Section 6-205 E. of the Aspen Land Use Regulations)
state of Colorado)
) SS.
City of Aspen )
follows:
The undersigned, being duly sworn, deposes and says as
I, Alice Davis being or representing an applicant before City
of Aspen, personally, certify that Public Notice of the application
for the Red Brick School was given by mailing notice of the public
hearing before the Aspen Planning and Zoning Commission to all
property owners within 300 feet of the subject property. Also,
notice was posted via a sign containing the information required in
Section 6-205 E with such posting in a conspicuous place (as it
could be seen from the nearest public way). Posting and mailing
occurred on March 15, 1993.
Applicant:
City of Aspen,
Owner Red Brick
By QiA.' {)~
Ali e Da~s
The foregoing Affidavit of Public Notice was acknowledged and
signed before me this 30 day of April, 1992, by Alice Davis on
behalf of the City of Aspen.
WITNES.S my hand and offi9ial seal.
._:. :..!~t Cf~ission expires: c5??/A7/ff /J A ,
.'~~-- ....'. .~WJ-r,ueAA:ilL{2~
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PUBLIC NOTICE
RE: ASPEN ARTS AND RECREATION CENTER (RED BRICK SCHOOL) MAP
AMENDMENT, GMQS EXEMPTION AND TEXT AMENDMENT TO THE ASPgN LAND
USE REGULATIONS
NOTICE IS HEREBY GIVEN that a special public hearing will be held
on Tuesday, April 13, 1993 at a meeting to begin at 4:30 pm before
the Aspen Planning'& Zoning Commission, 2nd Floor Meeting Room,
city Hall, 130 South Galena st., Aspen to consider an application
submitted by the city of Aspen, 130 South Galena Street requesting
approval of a Map Amendment for Rezoning from R-6 Residential to
PUB (Public Zone District) i and Growth Management Quota System
Exemption for an Essential Public Facility for the Aspen Arts and
Recreation Center. The property is the former Red Brick School
located at 110 East Hallam Street; Lots A-I and Lots K-S, Block 64
and Lots E, F, G and Fractional Lots A, B, and C., Block 71, city
and Townsite of Aspen. The applicant further requests approval Of
a Text Amendment to the Aspen Land Use Regulations to add a new
number 15 to section 5-220B. Public Zone District Permitted uses
to read as follows: 15. Arts, cultural and recreational
activities. The Permitted Uses in the Public Zone District
currently include: Library, Museum, Post office, Hospital,
Essential governmental and public utility uses, Performing art
center, Public transportation stop, Terminal building, and
transportation related facilities, Public surface and underground
parking areas, Community recr.eation facility, Fire station, Public
school, Public park, and Accessory buildings and uses. For further
information, contact Kim Johnson at the Aspen/Pitkin Planning
Office, 130 S. Galena st., Aspen, CO 920-5100.
s/Jasmine Tvqre. Chairman
Planning and Zoning commission
Published in The Aspen Times on March 26, 1993.
------------------------------------------------------~----------
-----------------------------------------------------------------
City of Aspen Account.
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Employee Credits The Housing Office finds
regarding employee credits is best addressed by
The following are our thoughts on the issue.
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MEMORANDUM
TO: Kim Johnson, ~~ffice
FROM: Tom Baker, Hous l.ce
DATE: March 16, 1993
RE: Red Brick School Referral
REFERRAL COMMENTS: The Housing Office is responding to this
proposal because the Planning Office requested our input. However,
a Housing Office referral does not appear necessary pursuant to the
Land Use Code.
Employee Generation - Based upon staff review, the Housing Office
finds that there are generally three uses being proposed for the
Red Brick: office, studio, and recreational. In terms of office
uses, we find that 3 employeesj1, 000 sf (net leasable) is an
appropriate generation figure. This is consistent with the
generation figures in the city's office zone. In terms of studio
use, we find insufficient information to determine a generation
figure. Additional information about how and when a studio will be
used is needed. In terms of .rec:reational uses, we find that the
gymnasium and locker room will generate less than 1 FTE. This
figure is derived from Recreation Department experience with the
operation of similar facilities.
According to the applicant and under the alternative which does not
utilize the 1941 section of the building, the applicant expects to
generate between 23 48 employees (p. 7 of the Land Use
Application). Given that the gymnasium and locker room portion of
the building (8320 sf) will generate less than one employee, then
the remaining 13,480 sf will generate a figure less than 30. This
assumes that the studio use generates less than 3 employeesjl,OOO
sf (net leasable) and the 13,480 sf figure must be revised to
depict net leasable square footage.
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The Housing Office concludes that the applicant's 23 - 48 employee
generation range is adequate and the actual generation will likely
be at the lower end of that range once additional information is
p:-ovided about net leasable space and how and when th,e stUdi~ space L I.
W1.11 be used. f;."ta,:~f'e::'r" 1/))$t,"'1, 7'{€ f!rfCl;J)/i) ~//
fAc ~'i"1j;O" SO?
that the policy' - .0
the City Council.
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In the Housing Offic~'s opinion any theoretical ~J'~dable hOUSing\
credits from the elem~ntary school use of.. the Red Brick were
'transferred to the new e' ementary sChoo,l. -1This employee housing
credit tren,fer we. cleer~efectb'>fice the SChool Boerd decided
not to go through the counuy g.e.velopment review process. The. \.
Housing Office is assuming th.i< defacto transfer because the end . ,A
result to the community is/tbe ~e, that is a new building was I
constructed (new elemerl't:ary scho'6l.) without. mitigating for /
affordable housing; t,.l:tEfrefClre, employee---'!:tousing credits for the
existing structure sr(ould be eliminated. A~~esult, any new use
going into the Re,cy"Brick School should be required-. to mitigate for
60% of afford~~ housing impact (13.8 - 54 FTE) dep~nding upon the/
plan for the Red Brick. t
The above opinion is a very narrow view based solely on Housing
Office concerns regarding Community-wide affordable housing
impacts. Another view would consider that the School Board's
development of the new elementary school did not seek or receive
permission to transfer affordable housing credits from one
structure to another. Therefore, the affordable housing credits
stay with the old structure and the new structure could be
considered to be deficient in terms of its affordable housing
impact. (The old. library/new library is an example of requesting
and receiving permission to transfer affordable housing credits.)
It should be noted that the School Board acted legally by electing
to disregard the County's development review process, but the fact
that it happened is causing confusion on the affordable housing
issue for the Red Brick School.
red.brick.ref
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Davis Horn~<;.
PlANNING. APPRAISING. REAL ESTATE CONSUI1ING
I'iarch 1, 1993
Ms. Kim Johnson
Aspen Pitkin Planning Office
130 South Galena Street
Aspen, CO. 81611
RE: Land Use Application for the Red Brick School to be used as
the new Aspen Arts and Recreation Center
Dear Kim:
Attached is the application for our client, the city of Aspen,
requesting :
1) Rezoning approval for the Red.Brick School site from R-6
Residential to PUB, Public;
2) Approval of a PUD development plan which establishes the
dimensional requirements for the site as is required by
the Public zone district regulations;
3) Approval of a minor text amendment to the Public zone
district.
We have done our best to satisfy the applicable requirements of the
Aspen Land Use Regulations and to address items identified in our
pre-application conferences. Please let us know if we have failed
to address any issues of concern to you.
Thank you for your consideration. Please call if you have any
questions or if you need further information.
Thank you,
DAVIS HORN INCORPORATED
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Glenn Hor~AICP .
AUCE DAVIS, SRA I GLENN HORN, A1CP
300 EASr HYMAN . SUITE B. ASPEN, COLORADO 81611. 303/92~7 . FAX: 303/92&61BO
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INTRODUCTION
Davis Horn Incorporated, represents the City of Aspen who is the
applicant and the owner of the Red Brick School Building at 110
East Hallam Street. (See Attachment 1, Vicinity Map.) The
applicant is requesting approval for a rezoning of the Red Brick
School from R-6 Residential to PUB Public. Simultaneously, a minor
text amendment to the city of Aspen Municipal Land Use Regulations
is requested. As the Public zone is intended for a wide variety of
public and public related uses, dimensional requirements are not
given in the Regulations, but rather are established on a case by
case basis through the PUD process. Therefore, the applicant is
also requesting approval for a PUD plan which establishes the basic
dimensional requirements for the property. This application
addresses the standards and requirements for the following
approvals being requested:
1. Rezoning of the Red Brick School property (to be used as
the Aspen Arts and Recreation Center) from the R-6
Residential zone to the PUB, Public zone district;
2. A minor text amendment to the Land Use Regulations
regarding the Public zone district; and
3. Approval of a PUD development plan establishing the
dimensional and off street parking requirements for the
property as is required by the Public zone district. The
planning director has determined, according to section 7-
903 (C) (3), Consolidation of conceptual and final
development review, that it is appropriate for this PUD
review to be consolidated from a four step into a two
step process.
This application briefly discusses the existing conditions and
history of the subject property, describes the proposed use of the
building and addresses the applicable Aspen Land Use Regulation
review standards and requirements of each of the three approvals
requested.
EXISTING CONDITIONS AND A BRIEF HISTORY
OF THE SUBJECT PROPERTY
The Red Brick School is located in the heart of Aspen's West End
neighborhood at 110 East Hallam Street. The school was originally
built in 1941 and sits on a estimated 90,700 square foot parcel of
land. The existing structure consists of three sections containing
approximately 35,800 total square feet of gross floor area. The
first section is the original school building and a
receiving/storage addition which contains 14,000 square feet.
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The second section is 11,240 square feet including a major
classroom and mechanical room addition built to the east of the
original building in the 1970's. This area is in better condition
than the original structure and is in less need of hazardous
material abatement. The third section of the existing building
contains 10,560 square feet, was also built in the early 1970's and
is to the east of the classroom addition. It consists of a 6080
square foot gymnasium and vestibule, a 2240 square foot stage area
with a small office and storage area and stairs which lead to a
2240 square foot basement area locker room. (See Attachment 1, Red
Brick School Building, Existing First Floor Plan.)
The surrounding neighborhood is the well established West End
residential neighborhood. To the east, south and west of the
subject are single family homes which have predominated the West
End Neighborhood for over one hundred years. There is a bike path
along the northern property line which leads from the residential
neighborhood to a commercial area below.
The site is generally level, though to the north and northeast,
beyond the bike path, steep slopes drop away from the property to
adjacent commercial uses to the north. The slope provides a
barrier between the commercial uses adjacent to the north, the
subject property and adjacent residential uses. There are
sidewalks on the south and west sides of the property and on-street
paved parking to the west. The site is modestly landscaped on the
south, between the building and the street with a lawn, shrubs and
trees.
The Red Brick School was purchased by the City of Aspen from the
Aspen School District No.1 with the closing on January 14, 1993.
The city purchased the school with bond money which requires that
the building continue with public uses and that only five percent
of the floor area be occupied by uses other than non-profit or
governmental/public entities. (See Attachment 2, a letter to the
City of Aspen Finance Director regarding the General Obligations
Bonds used for the purchase of the school building.)
various citizen and public groups including the more recently
formed Red Brick Committee have supported the purchase of the
building for public, arts and recreation related purposes and the
issuing of bonds to fund the purchase and the cost of building
improvement and renovation. As the school, particularly the
original 1940's portion, has a hazardous material problem which
needs to be abated, costs for renovation and improvement are higher
than they would otherwise be.
since the City is now the owner of the property, The Red Brick
Committee, City staff and the City Council are working to make the
best use of the property for public and arts related purposes.
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The building is proposed to house the city Recreation Department
offices; City recreational programs and activities; art and
cultural activities and uses; and art, dance and writers' studios.
This application seeks approvals required for the City to operate
the structure in the manner approved by the voters in the public
election on the purchase.
PROPOSED PROJECT
As mentioned previously, The Red Brick School is to be used for
public, art, cultural and recreational uses. As required by the
bond documents, public and non-prOfit uses are to always be the
predominant uses in the building. As currently proposed, the
gymnasium will be used by the city Recreation Department, the
basement will continue to be used as a locker room for recreational
activities and the remainder of the building will be used for a
variety of public, arts, cultural and recreational office and
studio uses. Although the proposed tenants will certainly change
with time and possibly before the building is actually ready for
occupancy, an administrative office for each of the following
tenants is currently anticipated for the building:
city Recreation Department
Dance Aspen
Aspen Art Museum
Aspen Filmfest
KAJX
Aspen Ballet Company
Aspen Theater
The Writer's Conference
Arts Council
Aspen Ridiculous Theater
Aspen Yoga Center
Aspen Interactive
All of the above uses except Aspen Yoga Center and possibly Aspen
Interactive, are non-prOfit organizations. Aspen Interactive is
now seeking non-prOfit status. In addition to the above tenants,
the building is proposed to include the following:
A 651 square foot common lecture hall
A 150 square foot common secretarial area
Four to five spaces to be used as artists' studios.
The currently proposed uses have been reviewed and evaluated by the
Red Brick Committee.
The Red Brick Committee came up with four potential options for the
City Council for renovating the school building; these options are
found in the memorandum in Attachment 3.
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At this time, the Red Brick Committee is proposing use of the
gymnasium and the classroom addition completed in the 1970' s.
Using only these two sections of the building, the building is
expected to be fully occupied. The Committee has proposed that the
remainder of the building, the original 1940s school, will either
be renovated at a later date, demolished or locked off and not used
until further plans are finalized and money obtained for the reuse
or reconstruction of this section of the building. Regardless of
the option chosen, the entire property as it currently exists is
the subject of this rezoning application.
REZONING TO PUBLIC
The applicant is requesting a rezoning of the subject property from
R-6 Residential to PUB, Public. The structure has been used and
will continue to be used for public purposes since it was built in
1941. Although a school is a conditional use in the R-6
Residential zone, the Public zone district is more appropriate for
the property given the sale of the building from the Aspen School
District to the city of Aspen for arts, cultural and recreational
purposes.
A rezoning is an amendment to the official zoning map. This
rezoning is therefore requested pursuant to Division 11 of the
Aspen Land Use Regulations, AMENDMENTS TO THE TEXT OF THIS CHAPTER
AND THE OFFICIAL ZONE DISTRICT MAP. This section of the
regulations require an applicant to address and the city council
and the commission to consider the nine standards of review. These
standards are identified and addressed below.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
The proposed amendment to the official zone district map to
change the subject property's zoning designation from R-6 to
PUB is not in conflict with any portion of the Land Use
RegUlations.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area comprehensive Plan.
The Aspen Area Comprehensive Plan calls for the Red Brick
School to be used for public purposes. This amendment to the
map is not only consistent with the Plan, but is a step toward
insuring that the structure is preserved for public and
related appropriate uses in the future. The purchase of the
Red Brick School was approved by the voters of the City of
Aspen in a public election in August of 1992.
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The Red Brick School Committee consists of a wide variety of
community volunteers, both opponents and proponents of the
purchase, was formed soon after the election to address the
use and redevelopment of the building into an art and
recreational center. This committee appears to agree that the
proposed reuse of the building is consistent with the Aspen
Area Community Plan and with the electorate's intent of the
use of the school as approved in the public election on the
issue.
C. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposed use is compatible with surrounding zone districts
and land uses. It has been an even more intensive school use
in the past and was a permitted conditional use in the R-6
zone district where it is now located. Therefore, it is
considered compatible with the surrounding R-6 zone district.
Down the steep slopes to the north of the subject property is
a commercial area zoned (NC - Neighborhood Commercial and SCI
Service Commercial Industrial) with an SPA overlay.
Although they are adjacent to the subject, the uses found here
are much more intensive and are not really physically a part
of the immediate neighborhood. The subject property is
somewhat of a buffer between the residential neighborhood on
three sides and the commercial uses to the north.
The neighborhood has been actively involved in the purchase
and reuse of the school building through various citizen
committees and public meetings. The Red Brick Committee was
established after the election in August of 1991 when the
purchase of the school was approved by the voters. This
committee is made up of a wide variety of people with
different concerns. The arts community, real estate
communi ty, neighbors and opponents of the school purchase were
all represented. This committee has worked hard since its
conception in December of 1992 to come to agreement on the use
and management and redevelopment of the Red Brick School.
This rezoning is a first step to accomplish the redevelopment
of the building for use as an arts and recreational center.
The less intensive proposed use of the building as a
recreational, arts, cultural and public facility brings less
impacts than the elementary school did when it was operating
in the building.
D. The effect of the proposed amendment on traffic
generation and road safety.
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The proposed Aspen Arts and Recreation Center will at a
minimum be II impact neutral" in that it will have no more
impacts than the school use which has impacted the
neighborhood since its construction in 1941. In reality, the
proposed use will have substantially less impacts on traffic
generation and road safety.
The last year of operation, the school was used for
kindergarten and first grade classes and the school business
office. There was a total population of 250 including 230
students, ten full-time teachers, five special teachers, three
business office employees and two janitorial staff.
Approximately twelve buses dropped students off at the school
in the morning and picked up students in the afternoon. In
addition, it is estimated that fifty students were dropped off
and picked up by car each day. A large majority of the
faculty, staff and school board members traveled to and from
the campus by car, parking in the area behind the gym, in the
area behind the business office, along the front of the
building on Hallam street and on Garmisch street. Regular
trash pick up as well as occasional deliveries and field trips
by bus generated some additional trips. The total number of
round trips to and from the school each day is estimated to
have been 160 vehicles trips per day. A similar level of
activity was going on at the yellow brick school diagonally
across from the site. In addition, extracurricular activities
occurred in the school gymnasium, which was utilized both by
students and members of the community. Barricades were set up
daily on Garmisch and Hallam to interrupt traffic in the
vicinity of the two schools.
The proposed use will generate from 23 to 48 employees under
the smaller design scheme (not using the original 1941 portion
of the building) and 55 to 90 employees if the entire building
is utilized. This range has been established first by
estimating the actual number of employees anticipated given
the proposed tenants and second by use of a national standard
for an office use which was applied to the entire building.
The actual estimated population is considered to be the most
accurate in determining the number of employees, therefore the
lower end of the range, 23 to 48 is the best estimate of
employees in the proposed arts and recreation center.
As the property is centrally located and easily accessed by
foot and by public transportation, vehicular trip generation
will be less than for a property with an inferior location.
We found no trip generation standard for artist studios or
recreational uses and therefore have used the low end of the
trip generation standard for office use: four trips per 1000
square feet of space.
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This shows 142 vehicle trips per day, less than for the school
use, even without considering the previous extracurricular
activities and the trips generated by the yellow brick
diagonally across the street.
There does not appear to have been any officially designated
parking on the school site in the past. Ken Smith of Smith
Associates Architects completed a study on the various
redevelopment alternative for the Red Brick School. He has
access to an original improvement survey of the school
property and no parking is shown. Historically the area to
the north and west of the structure has been used as a parking
lot. Approximately 35 spaces have been accommodated in this
area. Therefore, the applicant proposes to provide these 35
spaces for the 23 to 48 employees. The 20 to 25 on-street
parking spaces will be utilized for guests. At approximately
one space per employee, we feel this is sufficient, especially
since the proposed tenants, except for the recreational
programs, will not generate many visitors. Artist studios do
not tend to generate the need for additional parking. still,
the standard does consider client and visitor traffic. The
tenants of the building will be encouraged at the time of
signing a lease, not to use their cars, but to ride share,
walk and use the public parking garage two blocks (700 feet)
east.
The proposed arts and recreation center will generate less
impacts with regard to traffic generation, road safety,
parking and employee generation than the previous school use.
E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
The rezoning to public will not result in increased demand on
public facilities. The existing structure has been in
existence and the impacts are already accommodated within
current services. The change from school to public uses
should decrease impacts given the reduction in the on-site
population and the public facilities required to accommodate
them.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
The rezoning to public and the new arts and recreation uses to
be allowed will not adversely impact the natural environment.
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G. Whether the proposed amendment is consistent and
compatible with the community character in the City of
Aspen.
The proposed rezoning is consistent and compatible with the
community character in the City of Aspen and in the
neighborhood. The proposed Aspen Art and Recreation Center
use encompasses two of the stronger elements of the
communi ty I s character - arts and recreational acti vi ties. The
rezoning and new use of the building should actually enhance
community character.
H. Whether there have been changed conditions affecting the
subj ect parcel or the surrounding neighborhood which
support the proposed amendment.
The Red Brick School was sold by the Aspen School District
after the District planned and built a new elementary school
on the Maroon Creek campus. The purchase of the property by
the City of Aspen involved substantial public input. The
change in ownership from a school district to the governmental
entity is a changed condition which supports the rezoning from
R-6, which is more appropriate for a neighborhood school, to
public, a more appropriate zone for the proposed public, arts
and recreational use.
I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
The text amendment to rezone the Red Brick School to Public
and the redevelopment of the school into the Aspen Arts and
Recreation Center is not in conflict with the public interest,
but rather is strongly in the public interest. The rezoning
of a public building to Public is also within the purpose and
intent of this chapter of the Land Use Regulations.
TEXT AMENDMENT TO AMEND THE PUBLIC ZONE DISTRICT
The applicant proposes a minor amendment to the text of the Aspen
Land Use Regulations regarding the permitted uses in the Public
zone district. Therefore, in addition to the above discussed
rezoning, a second text amendment is therefore requested pursuant
to Division 11 of the Aspen Land Use Regulations, AMENDMENTS TO THE
TEXT OF THIS CHAPTER AND THE OFFICIAL ZONE DISTRICT MAP. The
applicant is requesting the addition of a permitted use in the
Public zone district under section 5-220 (B) Permitted Uses. The
recommended language is to add the following as permitted use
number 15 under this section of the Regulations:
"15. Arts, cultural and recreational activities."
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Although the arts related uses proposed for the Red Brick building
such as the non-profit organizations and the artist and writers
studios could be allowed in the Public zone without this amendment,
the applicant feels the amendment clarifies the arts and
recreational uses and removes any gray area in allowing different,
but related and appropriate uses in the future.
The artists and/or writers studios are the only proposed uses which
are "for profit". The bond documents for the City's purchase and
renovation of the Red Brick building are very clear in that they
require no more than five percent of the net leasable floor area of
the building to be occupied by such "for profit" organizations.
Ninety-five percent of the building has to be for public, non-
profit or governmental uses. Therefore this bond requirement
provides protection against the expansion of "for profit" uses
which may have brought greater impacts on the neighborhood at some
point in the future if not strictly regulated. The Public zone
district itself provides another level of protection against a wide
array of uses which might bring more impacts. The purpose of the
Public zone district as stated in the Aspen Land Use Regulations
is:
"The purpose of the Public (PUB) zone district is to provide
for the development of governmental and quasi-governmental
facilities for cultural, educational, civic and other
governmental purposes."
The above purpose of the Public zone mentions cultural, educational
and civic uses and the proposed amendment actually specifies
similar appropriate uses and activities. The applicant feels that
the proposed uses (arts, cultural and recreational uses) are within
the intent of the Public zone, and the amendment is to clarify the
applicable section of the Regulations by actually delineating these
uses in the list of permitted uses.
These arts, cultural and recreational uses are within the intent of
the zone district, but the proposed text amendment will also allow
the Public zone district to better accommodate the proposed uses at
the new Aspen Art and Recreation Center, the uses for which the
building was purchased.
Again, the bond documents will always restrict the number of
organizations which are not non-profit and will help govern the
uses allowed in the building. Along with the requirements of the
Public zone itself, the bond documents will help keep the allowed
uses within the intent of the Public zone and consistent with the
intent of the electorate when they approved the purchase of the Red
Brick School for public, arts and recreational uses.
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Although it may be somewhat repetitive, the same nine review
standards for the text amendment (rezoning) discussed above, are
applicable to this text amendment, the addition of an allowed use
to the Public zone district. These nine standards of review are
briefly discussed below as they relate to this proposed text
amendment.
A. Whether the proposed amendment is in conflict with any
applicable portions of this chapter.
This amendment is not in conflict with any portion of this
chapter.
B. Whether the proposed amendment is consistent with all
elements of the Aspen Area Comprehensive Plan.
This amendment is consistent with all elements of the AACP.
c. Whether the proposed amendment is compatible with
surrounding zone districts and land uses, considering
existing land use and neighborhood characteristics.
The proposed allowed uses, "arts, cultural and recreational
activities", will allow uses which are compatible with
surrounding zone districts (R-6 Residential, NC - Neighborhood
Commercial and SCI - Service, Commercial Industrial with an
SPA Overlay) and with surrounding land uses (residential, the
yellow brick school and commercial uses at the Post Office and
Truman Center).
D. The effect of the proposed amendment on traffic
generation and road safety.
As permitted use in the Public zone, the proposed arts,
cultural and recreational uses will generate less impacts than
the more traditional public uses allowed in the Public zone
district. No standards were found for determining impacts
from artist studios or recreational uses. Several experts
surveyed indicate that the low end of impact standards for
office uses best reflects the high end of impacts from such
arts and recreational uses.
On the Red Brick site, at a minimum, the new uses will be
"impact neutral" in that they will have no more impacts than
the school use which has impacted the neighborhood since its
construction in 1941. In reality, the site will generate less
traffic and result in safer roads than the school.
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E. Whether and the extent to which the proposed amendment
would result in demands on public facilities, and whether
and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, and
emergency medical facilities.
The addition of the proposed uses does not change, but rather
clarifies the allowed uses within the Public zone. Therefore
these uses will not result in increased demand on public
facilities. The existing structure has been in existence and
the impacts are already accommodated within current services.
The proposed permitted uses will probably generate less demand
on public facilities than traditional public uses. The change
from school to the proposed public uses should decrease
impacts on the Red Brick site as well given the reduction in
the on-site population and the public facilities required to
accommodate them.
F. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the
natural environment.
The addition of the proposed permitted uses in the Public zone
district will not adversely impact the natural environment.
G. Whether the proposed amendment is consistent and
compatible with the community character in the city of
Aspen.
The proposed text amendment is consistent and compatible with
the community character in the City of Aspen and in the
neighborhood. The proposed permitted uses and the new Aspen
Art and Recreation Center use encompasses two of the stronger
elements of the community's character the arts and
recreational activities. The new use of the building should
actually enhance community character.
H. Whether there have been changed conditions affecting the
subj ect parcel or the surrounding neighborhood which
support the proposed amendment.
The Red Brick School building was sold by the Aspen School
District after the District planned and built a new elementary
school on the Maroon Creek campus. The purchase of the
property by the City of Aspen involved substantial public
input. The change in ownership from a school district to the
governmental entity is a changed condition which instigated
this text amendment. The amendment is appropriate for the
entire Public zone district, but is most appropriate in its
application to the Red Brick site.
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I. Whether the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose
and intent of this chapter.
The proposed text amendment to add arts, cultural and
recreational activities as permitted uses in the Public zone
district is not in conflict with the public interest, but
rather is strongly in the public interest.
PUD DEVELOPMENT PLAN FOR THE
PUBLIC ZONE DIMENSIONAL REQUIREMENTS
section 5-220 (D) of the Aspen Land Use Regulations (Public Zone
District, Dimensional Requirements) states that
"The dimensional requirements which shall apply to all
permitted conditional uses in the Public (PUB) zone district
be set by the adoption of a conceptual development plan and
final development plan pursuant Article 7, Division 9, Planned
unit Development."
Although this indicates that the only permitted conditional uses
are subject to the PUD review, no dimensional requirements are
established for permitted uses in the Public Zone. Therefore, as
suggested in our pre-application conference, we have addressed the
PUD section of the Code as a means of establishing the dimensional
requirements and parking requirements for the property. As there
is no new development proposed, but rather the Red Brick School is
proposed for reuse as a public arts and recreation center, the
footprint of the structure is not Changing at this time and the
dimensional requirements proposed will be consistent with what has
been in place since the building was constructed.
As the Public zone district uses a PUD plan review only as a means
of establishing appropriate dimensional and parking requirements,
many sections of the PUD review are not applicable. We have
addressed only the standards which apply to the specifics of this
site and the proposed reuse of the building. All general
requirements are considered not applicable, though the subject
property complies with the general requirements of the PUD review.
The following addresses the applicable concerns.
section 7-903 (B) (4) Dimensional Reauirements. The
dimensional requirements shall be those of the underlying Zone
District, provided that variations may be permitted in the
following:
a. Minimum distance between buildings;
b. Maximum height (including viewplanes);
c. Minimum front yard;
d. Minimum rear yard;
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e. Minimum side yard;
f. Minimum lot width;
g. Minimum lot area;
h. Trash access area;
i. Internal floor area ratio; and
j. Minimum percent open space.
If a variation is permitted in minimum lot area, the area of
any lot may be greater or less than the minimum requirement of
the underlying Zone District, provided the total area of all
lots, when averaged, at least equals the permitted minimum for
the Zone District. Any variation permitted shall be clearly
indicated on the final development plan.
Again, the Public zone district does not establish dimensional
requirements, so the applicant is proposing the following for the
Red Brick School site and the Aspen Arts and Recreational Center:
a. Minimum distance between buildings: 10 feet
b. Maximum height (including viewplanes): 25 ft
c. Minimum front yard: 10 feet (except 4 ft at entry)
d. Minimum rear yard: 15 feet
e. Minimum side yard: 5 feet
f. Minimum lot width: 60 feet
g. Minimum lot area: 6,000 square feet
h. Trash access area: See att'd survey
i. Internal floor area ratio: 0.75:1
j. Minimum percent open space: No requirement
These requirements have been developed from the dimensional
requirements in the City of Aspen's 0- Office zone district and the
adjacent R-6 Residential zone district, whichever was most
appropriate.
Section 7-903 (B) (5) Off-street Darkina. The number of off-
street parking spaces may be varied from that required in the
underlying Zone District based on the following
considerations.
k. The probable number of cars used by those
using the proposed development.
1. The parking needs of any non-residential uses.
m. The varying time periods of use, whenever
joint use of common parking is proposed.
n. The availability of public transit and other
transportation facilities, including those for
pedestrian access and/or the commitment to
utilize automobile disincentive techniques in
the proposed development.
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o. The proximity of the proposed development to
the commercial core or public recreational
facilities in the city.
Whenever the number of off-street parking spaces is
reduced, the city shall obtain assurance that the
nature of the occupancy will not change.
The Public zone district does not address parking requirements so
the applicant has addressed the parking section of the PUD review.
As discussed previously, it is estimated that 23 to 48 employees
will use the proposed arts and recreational center. Assuming each
employee has one car, the historical parking on-site should be
adequate for the new use and will be maintained for use by the
facility. There has been no officially designated parking on the
school site in the past. Historically the area to the north and
west of the structure has been used as a parking area.
Approximately 35 spaces have been accommodated, including
circulation, in this area. Therefore, the applicant proposes to
provide these 35 spaces for the 23 to 48 employee cars. The 20 to
25 on-street parking space will be utilized for guest parking or
any overflow parking needs. At approximately one space per
employee, we feel this is sufficient, especially since most of the
proposed tenants will not generate many visitors. The artist
studios will not generate the need for additional parking. still,
the standard does consider client and visitor traffic.
Most cars will be arriving and departing at the beginning and end
of typical work hours. The artist studios may have more flexible
hours which would decrease peak demand for traffic and parking.
As the building is centrally located and within a few blocks of the
public parking garage, the commercial core and neighborhood
shopping, many employees and visitors will be traveling by foot.
The City of Aspen's public parking garage is two blocks (700 feet)
east and is convenient for use by users of the Red Brick Facility.
The use of the parking garage, pedestrian travel and other auto-
disincentives will be strongly encouraged through the management
and leasing operations.
The proposed Arts and Recreation Center will always be for public,
arts, cultural and recreational uses and the nature of the
occupancy will not change. In addition to the requirements of the
Public zone district, this is further guaranteed by the bond
documents for the financing of the building's purchase as only five
percent of the net leasable floor area can be rented to tenants who
are not non-profits. (See Attachment 3.)
15
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LANDOWNERS CONSENT
Attachment 5 is a letter from the applicant authorizing Davis Horn
Incorporated to prepare this land use application and represent
them in the land use review process. Attachment 6 is a city of
Aspen land use application form agreement.
ATTACHMENT INDEX
The following is a list of attachments:
Attachment 1: Vicinity Map Aspen Arts and Recreation
Center Rezoning and PUD plan;
Attachment 2: Red Brick School Building - Existing First
Floor Plan;
Attachment 3:
Letter to
Director,
bonds used
Dallas Everhardt,
from bond council
for the purchase of
City Finance
regarding the
the Red Brick;
Red Brick Committee memorandum
recommendations for the Red Brick
and Management;
Attachment 5: Landowner's authorization for Davis Horn Inc.
to submit a land use application on their
behalf and to represent them in the land use
review process;
Attachment 4:
regarding
Renovation
Attachment 6: Land use application forms;
Attachment 7: Pre-application conference summary sheet;
Attachment 8: Legal description and proof of ownership.
SUMMARY
This application has described the subject property, the proposed
use and requested approvals and has demonstrated compliance with
pertinent sections of the Aspen Land Use Regulations which were
identified by the staff in a pre-application conference. Please
notify us if we have mistakenly neglected to address any of your
concerns.
Thank you for your consideration and please call if you have any
questions or need further information.
16
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SECTION VII
EXISTING FLOOR PLAN
ATTACHMENT 2
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r'"o,sloiH' urano fax \fi=.IlSmlUal memo 1071
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George K. Bau
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COpt,
Phon..
IlMs'nml~ Fa. * q;.S' -51 it)
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Nl!W '"0." 8TMIC IMC"ANGC. INC.
"IDwl;e.r 5TCllIC. I.w.CHllNGC
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OINV... eo",e".D6 eoloa..i'.
,..&.ItPMONII. .a.a. .'I.'~H
lamwy 25,1993
A1TACHMENT 3
Mr. Dallas Everhart
FiDaDce DirectOr
City of Aspen
130 S. Gakna
Aspl:Jl, Colorado
ReI S3.'OO.DOO at)' of Aspen. Colorado
GtIlel'8l ObJilatlon BoRda
Suitt 19,U (Red Brick SchooDioae)
Dear Da1lu:
I thought it misht be prudent tofollow-\l.P our phone conversation of wt week l'eprdiDg
the above referenced issue. Specifica11y, you had questioned what type of users the City
could rent space to, and the maximum lease temls into whidl the City coulc1 CDter.
The ultimate structure used on tbis issue allows the City the flexibility of lea.siDg on an
umestrlcted basis to any 501-c-3 corporation or ~ gavernmental eDtity. There are no
restrictive prov.lsioDS governtng how much or how little squue footBIe space these users
lease, Dor any restrictions 80vernlng how 1013g of a lease term. may be entered into 'between
these wets and fJle City. The one caveat reaardisla D.Ot-for-profit c:otporatiOJlS under this
scena.do is that wI)' nmst 'be duly constituted SOloC-3 col:pOrations, having rceeiYed such
des1gn.a.tion and not-for-profit status from a filing with the Inten1al Remme Service.
,
FurthenttOle, the bond structure allowed the City the flexibility of also leasiDg space in the
building to non.S01.c-' desisnatecl corpOratib.us or indMdaa1si 0% users otbol' than
iovernmental entities. However, under these cOnditions the space has to be available and
open to the general public (versus dCcli~! or resming space only for a spec:l1led type Of
wer(s) or a specific class of users). . iticma.Uy, any sp~ leased to & nOl1-501.c-3
corporation Or DOn-governmental entitJ' ~ ob1y be tor I. lease term of 30 da)'s or less.
Rollins 3().day leases, whereby the lease is mmmatica11y renewable uNe. C1IDCelled by the
City would J1At work. It would be necessary to ellter into a new lease with these parties
every 30 days. Under leases with non-S01-c-3 users or non-governmental users there would
be no proht"bition 0J1 how mu.y times a Jiven party could enter iJUo a new ~ lease.
Nor would there 'be any prolu'bitiOD 0J1 !loW muc'h space these types of users cou1c! rent;
either in terms of sl:luar~ footage or rental inc:oznc received.
, 'd
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Lastly, the Federal government in all municipa11ssues ha.s what is referred to u a 'S% bad
money rule", Such rule essentially states that as llms as 81\ issuer applies 9S9D or more of
tax.eJCempt bond proceeds in a qualified, legal manner; then the issuer has complied with
the intent of the regulAtions, ancl5% or less invi1icl spcndins of proceeds will not jeopardize
the tax-e~c"'Pt status of the issuer. Although I am not oitorl)' enthralkd with scciDg you use
this provision, I believe it gives you the ability to .;.o1atc the provisicms rve laid out to the
extCJlt of no more than 5% of the net leasable square footage a.V8l1ahla in the project.
I belieye this aenerally summarizes our discusslO11 of last week. However, if you have
further questions. or require greater elabol'lLlion on any of the above, please let me blow.
Very tmly yours,
~.-...----
~.~,
Steven D. Jetters
Senior Vice Preaic:lcnt
SDJ:sn
2"d
N3dS~ JO A1IJ Wd6E:20 E6. 92 e3J
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MEMORANDUM
AlTACHi.':ENT ~
TO:
Mayor and Council
FROM:
Red Brick Committee
DATE:
February 9, 1993
RE:
Recommendations Regarding Red Brick Renovation and
Management
The Red Brick Committee has met approximately eight times to
discuss and recommend to City Council a long-range program for the
Red Brick Building.
The Committee is made up of the following members:
Julia Marshall
Lee Ambrose
Jill uris
Don Fleischer
Janet Garwood
Bill Martin
Joanne Lyon
Mary Martin
Janet Roberts
Katherine Lee
Bob Camp_
staff support has been provided by:
Bill Efting
Ken Collins
Rob Thomson
Cindy Wilson
Amy Margerum
The Committee reached a consensus on the following key points:
* The Red Brick site should be used for arts, recreation and
compatible community uses;
* The parcel should not be split or sold off for other
purposes or uses such as housing;
1
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* Management of both tenant relations and day to day
maintenance of the building should be by one entity;
* The City Council should appoint an
review both the operational aspects
recommend capital improvements. The
provide feedback on programmatic and
would have no management authority.
advisory committee to
of the building and
advisory group would
operating issues but
Renovation
The committee received a report from Smith Associates Architects
which presents four alternatives for renovation. The report is
attached as Appendix A. The four alternatives are summarized
below:
Alternative 1:
requirements.
Minimum upgrade to meet code and maintenance
Paved on-site parking lot with 35 spaces.
Alternative 2: Demolish the 1941 portion of the structure. Upgrade
and remodel the classroom and gym areas, construct a new addition
of 6,000 square feet designed for an arts center, paved parking lot
on-site with 60 spaces, new landscaping.
Alternative 2B: Demolish the 1941 structure, upgrade the remaining
portion of the building to meet code and maintenance requirements,
reconfigure and renovate the floorplan to meet Art Council needs,
paved parking lot on-site with 35 spaces.
Alternative 3: Demolish the entire building and build a new 23,000
square foot arts and recreation center, create a paved parking lot
on-site with 60 spaces, new landscaping.
Cost estimates of the alternatives are:
Alternative 1 : $1,425,106
Alternative 2 : $2,172,331
Alternative 2B: $1,287,138
Alternative 3 : $3,146,235
The Committee reached consensus not to support any of the first
three alternatives primarily because of the costs involved.
The Committee recommends the proposed renovation costs stay within
the $1,000,000 budget which the City has earmarked and should not
be dependent on fund~ng from outside sources. However, any savings
or interest earnings experienced by the City due to the delays in
2
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"
this project would be appropriate to use for the renovation and
could increase the $1,000,000 budget.
Recommendation: After reviewing all four alternatives,
committee with the cooperation of the Arts Council recommend
City Council consider Alternative 4. Several factors support
recommendation:
the
that
this
,--
1. Cost - The committee feels that we were challenged to
recommend an option which would most benefit the artistic
community for a $1,000,000 project. -
2. Arts Council Needs - with the new configuration of rooms
in the newer section, most of the Arts Council current
needs will be satisfied.
3. Energy Efficiency - This alternative will provide the
community with a much more energy efficient building.
4. Expansion - This alternative leaves room for expansion
of the art center at a future date.
5. Occupancy - The committee projects that this option would
allow the building to be functional approximately 1 year
after the design team selection.
Manaoement
The Committee reached consensus that property management and tenant
relations should not be segregated from building management.
Whatever group is responsible for managing the building should be
responsible for both the tenant relations (negotiating leases,
collecting rents, etc) and day to day building maintenance. The
Committee also agreed that regardless of who manages the building
there should be an advisory group appointed which consists of City
Council representation, citizen/business representation and Arts
Council representatives. The advisory group would be used for
feedback on programmatic and operating issues but would have no
management responsibility.
The Committee considered several management options. The Committee
evaluated management alternatives based on the fOllowing criteria:.
Financial viability:
financial reports
standards;
will the management entity prepare timely
and have clear financial goals and
Support of the Arts:
encourage the arts;
will the management entity support and
Who is the best organization to determine uses of building?
3
1'"'1
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Does the entity have property management experience?
The Committee narrowed the options to either management by the City
or by an outside board such as the Arts Council. The Committee
agreed that any management option chosen should be re-evaluated
after a year or sooner if problems arise. The Committee was split
on which management entity they preferred, however all except one
member felt they could "live with" Arts Council management for one
year with a review. All agreed that they could "live with" City
management of the building with oversight by an advisory board.
In considering the alternatives the following assumption was made:
* The direct cost of managing the building was assumed to be
the same regardless of whether the City or the Arts Council
managed the building.
City Manaqement:
* If the City managed the building the City would hire staff or
contract for property management services including negotiating
leases and maintenance services. There would be an office in the
recreation area for staff or property management contractors. An
existing City manager(s) would oversee staff or contractors.
Advantages:
* The City has existing infrastructure (i.e. attorney
support, l.nsurance, management experience, personnel system,
financial system, etc)
* Financial reporting and accountability is already in place.
* More direct and timely accountability to the public.
* City Council would set goals for the building. Staff
reports to Council.
Disadvantages:
* City staff not as aware of arts groups' needs.
* City doesn't have a great deal of experience in renting
space and being a landlord.
Arts Council Manaqement:
* Arts Council would hire a director which would oversee the
leasing and building maintenance aspects of the building (in
addition to other Arts Council duties). Leasing and tenant
relations issues would be handled by the director. Building
4
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maintenance functions would be either contracted out or done by
other hired staff. Staff reports to the Arts Council.
Advantages:
* Arts Council has good understanding of tenant needs and has
a mission to support and encourage the arts.
* May be the best organization to determine uses of the
building, however there is a concern that property management
will conflict with the mission of the Arts Council.
Disadvantages:
* Financial viability: the Arts Council will need to develop
a system for financial reporting. Reporting would be made to
the Arts Council. The community as a whole and the City
Council may have delayed access to financial information.
* The Arts Council as an entity does not have a strong
background in property management.
RECOMMENDATION:
The Committee would like to discuss the above options with City
Council and get feedback.
5
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n
ATTACH=.lENT 5
AMY MARGERUM
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
February 28, 1993
Kim Johnson
Aspen-Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Aspen Arts and Recreation Center (Red Brick SChool) Rezoning
and PUD Plan
Dear Kim:
This letter authorizes Davis Horn Incorporated (215 S. Monarch
Suite 104, 925-6587) to submit a land use application for the Aspen
Arts and Recreation Center (Red Brick School) and represent the
City of Aspen in the land use review process. Please contact me if
you have any questions.
Thank you.
Sincerely,
AMY MARGERUM
CITY MANAGER
.""\.'....,'.11..........
1)
2)
"-,,, l\:lT1\01MENr 1
t .j Il\ND USE APPLICATION FORM ~
Project Nane4"'f1?!1 Arl-s t tZer:lY!a:HCf\ (mter [-hrrt.PF(Y iN> R.1d. f:rld. 5tIY.bJ)
Project Location 110 East t-ICilldrY1 45pen CO,
A.;p:1n TOI1Jnsiw Blo(/( roL.f Lots A-TJ 1<-5 t-l1n a/J.eu Lc;tJ:ea+!O{ t~a.1
(indicate street a<Hress, lot & block lD.IlIVer, legal description where'"
~ropriate)
Present zoning (2..-~
IA
3)
5)
q.f'J./!:Dsl-
S' rd:1.l<2M H. Ispen. (0.
4) rat size
Aw1icant's Name, l\dd:ress & Ibone It Cd"..! of- ASllOn
, ~
/'2,0
('10",) C};l5- (,.,SR7
6) Representative's Name, l\dd:ress & Ibone It Davis Horn IN (~1) Q:lS-foSE7
2.1') S, vYlorarr},)ui-le.- lOll- 4'5f'!n CD 8/1011 f!.lic(! Q:WI') '1' {,/Qm f(cm)
7) Type of Aw1ication (please dIeck all. that apply):
Con:litional Use _ Cbnoeptual SPA
_ Cbnoeptual Historic nev.
_ Spe<-;:'ll Review Final SPA
8040 Greenline ---.L Cbnoeptual roo
_ stream H3rgin -L Final roo
Final Historic nev.
Minor Historic nev.
_ Historic D3ID1ition
M::mrt:a:in view' Plane SUbdivision
.
_ Historic lPo:i')J1ation
O::nkmini.umization _ Text:jMap AlllehJwe..lt
_ IDt Split:,IIDt Line
1\djusbllent
8) r:.escxiptian of Eld.sti.n:J Uses (rn"T'E"r and type of erist.ing sb:ucbn:es;
~te sq. ft.; rw'-"'- of kh.UU1b; any previ.als awrovals granted to the
prq;lerty) .
ExL'Sti"1 .'if-roctul't of f.lppro),' ~5i t;COst; ~?()ni~ -frofn Q-&; +0
.Pnbtl( ~ ,SINl()I+ar'tJ()()51~ wi+h -+hi"> fllD plan,
_ G!Q> AlloI:ment
- G!Q> Exeapticn
9)
r:.escxiption of Devel~ ~1ication
PUj) p/{ln I'S -In ~ <;iabJish. ~
-fflr fNJ J i-t-fJ purs! ')(jrrf -to TN.
r€.{Julo +iof\~
, T- par/:.J~
at rrmst'ona( A reqUI re.rt"errts
Public- 10M dLsiric+
10) Have you attadled the foll=in:J?
~ Response to Attachment 2, M:inimJm $I'!-wn;=i.on Contents
~ Response to Attachment 3, Specific $I'!-wni=ion Contents
~ Response to Attachment 4, Review' standards for Ycur AJ;:p1.ication
,..,i ji-\v"h";;'i~'
,0
1)
2)
("') A1".rnO:IMENl' ~
P=ject Nane A "~n ~ ~r;: rUS;(J=:~ ;:-fer ~m~dy W fui f3r/a. XhCDQ
P=ject Location 110 eaSt H.allam :4sfJen cO,
, ~e.e )
r,/~')[IL (,,4, LlJk A-r,l:'-c:, r-nn all-ey (legal in AHQ/~+g
(indicate street address, lot & block: rnmi:ler, le<jal deScription loIhere
awropriate)
3)
5)
Present Zon.in:J R. -~ 4) rat size qQ. 7m sl
lq;.plicant's Name, l\ddress & Rlone I r i +y 0 f- A '3p~n 130 s, ?-.a (errq
St, 45fX2n (0 1?1~ II (30~) q ](')-srrn
Representative's Name, 1d1ress & Rlone I [)aUt" -Horn /(le...
Sui-le. 104-1 A5)~n (0, 'if1"U (303) 1:15. {.S<67 {A./ile
Type of Application (please dIeck all that apply) :
6)
.2/ S s, rrorarch
D:Wt.<; t- C; (-em ttor~
7)
Corrlitional Use
_ <lxDeptual SPA
_ Final SPA
_ Cancepblal Historic Dev.
_ ~;",l Review
.'
Final Historic Dev.
8040 Greenline
_ <lxDeptual roo
Final roo
Minor Historic Dev.
_ stream Maxgin
_ M:xmtain yiew Plane _ SUbdivision
Cbrrlcminimnization ......L. 'l'ex.t:,M3p 1.nemment
_ rat Split,IIDt Line
AdjusbJent
8) ~iption of Ex.ist:irg Uses (rIlIlDer and type of exist:in] st:rucbn:es;
awroximate sq. ft.; n..mt:>er of bedroans; art::{ pmvi.als awrovals granted to the
prqJerty) .
.1. s+ruc.wre. (b();!+ a+ 1 d.jl-f-ererr& -HnYlS) wifh o.pproKirra:{ely 3S,'dCJ)sf
Slip n-ththrran+ 2. bj~+,"5 Flror Plan ~ PHlJinv.sll{ m huildirg LIft> u!:Rd
-Gran. eJpm;n~ schm/' ~7onlrYJ lC, -to a{/(JLO puJ;Ut arn,
c.u lfur'll T +i O(\aJ () se.!> , -:::J
9) ~iption of Devel~ lq;.plication
(I) .i1mPMfNn+- -10 umir;g mo.p in rt.zrN! 5i~ from (2-{O -fa P()bl ic.
(2.) ArrrerorTWJf -to +eJd- nf- / (JrY1 Use.. RaglJ/afttJfl<., -10 odd an as
pQrtr:trit.'Pd. IJ5e in ffl, p()blir_ 7(JNJ' "nrts, w/fura.1 +-~lfecd-i.on. .,
(:>>E)(15t-1~ Dudding (0. (X)r'ttCX"l CJf e>:i5t-irg p()ildl~)iO b-e. useal.a~ ad-ivril~~,
10) llave y= attached the foll=irg? 0.. pub IIC- Art:> T /lecteaf/on
~ Response to Attactnnent 2, Minim..nn SlI!-rnk<:ion O:lntents ('(2nter.
-L Response to Attactnnent 3, Specific slI!-rn;=ion O:lntents
~ Response to Attactnnent 4, Review starrlards for Your lq;.plication
-----
Historic Demllition
_ Historic Designation
QQ:> Allotment
- QQ:> ExeIpti.on
~
A1TACH:.'.EHT
1""'\. CITY OF ASPEN vL/11/'13
~RE-APPLICATION CONFERENC~Y .
PR<>JEcr; RJ ~ ~ ~ P"b~~t<;, If ~p
APPLICANT'S REPRESENTATIVE: . ~ ~ ~
REPRESENTATIVE'S PHONE: 5"~ &. >~7-
7
OWNER'S NAME:
W&MJ
SUMMARY
,. Type of _"-=tio", 2~~/7e;t/a_;/ji,p~
2. .', Describe action/type of development eing requeste :
']11:74 f ~ I~ (#P I~MM1<f~;' (~a7%I/ Uncr~JI
rtn E4'-1'~~) . ~ PddG~',
1), K. C .' ~/4-tN4~/~..tI 'J,'.' ,
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral AO'ent
Comments
,p~
II'
f4
-
4.
~:)fl 5.
W 6.
7.
8.
9.
(~en t~
Review is: (P&Z Only) (CC Only)
Public Hearing: Qy~j) Nl- (f.~~
Number of copies of the application to be submitted: 0 .--......
What fee was applicant requested to submit: :J.;jbt?1+ 93 -= ;2.}7b~
Anticipated date of sUbmission::;It (!~ niJ $;
COMMENTS/UNIQUE CONCERNS: t/l1i;;(fl MfJ.
l~ fJ!71kL e~ ~ a;ttu-;J fdk
~fYlo.(..1- - 9...b......~lb..... ~
-'lAp'" i::114-~~:9
-7 c.c... r .
vt ~. ~ iOI:'
frm.pre_app
"'-":'___r'f -~
n
n
MEMORANDUM
Yl\V ~_D
\ ~J~(M(
Director Jo~ ~
~~ e'M~^
~' ~,\)1J,vl
TO:
cindy wilson, Assistant city Manager
THRU:
Diane Moore, City Planning
FROM:
Kim Johnson, Planner
DATE:
July 15, 1992
RE:
"Red Brick. SClfCl9J!" - Land Use Processes and Scheduling
<":~'~," , .. ., .... ,. ,'-" ,
----------------------------------------------------------------
Recommended Processes: Rezoning to Public; Designating as SPA along
with rezoning; special Review for parking in Public Zone
The uses permitted in the Public Zone do not cleanly match with
most of those listed in cindy wilson's 7/14/92 memo. The closest
ones are "performing arts center" and "community recreation
facility". "Accessory buildings and uses" are also listed as
permitted but we would have to make a finding that certain uses are
accessory to others within the building. The arts-related offices
in cindy's list is probably stretching the limits for permitted
uses. "Affordable housing" is listed as a Conditional Use.
If the parcel obtained an SPA overlay, any uses could be considered
as variances to the permitted/conditional list without the
potential difficulty of trying to judge that some of the uses in
fact comply with or are accessory to the list allowed in the zone.
Plus, .contemplated uses not currently contained in Cindy's list
could be handled with SPA use variance review.
An SPA Development Plan would be the outcome of the four step
review. Any changes would be handled as insubstantial amendments
by the Planning Director or other amendments approved through P&Z
and Council review.
-----------------------------
SPA approval requires a four step process - Conceptual and Final
reviews before the Planning and zoning commission and City council.
Public hearings are held at steps two and three. There is not a
consolidation allowance as per PUD. Rezoning is a two step
process. Special Review is one step at P&Z.
At Conceptual SPA review, rezoning should be discussed as a
threshold issue, to have actual rezoning review and approval during
the Final SPA Plan reviews by P&Z and Council. Special Review by
P&Z occurs at step three.
Planning could accept the application during the week before the
August 11 bond election. We would review the application for
completeness and prepare it for routing to referral departments.
.
n
r-..\ '
t"J
~' ,
If the bond is approved, the application would be released for
processing. The following schedule is considered a fastrack review
for the SPA four step process:
I. Referral reviews requested, submittals to Planning Office by
'August 26, 1992.
II. Planning and Zoning commission Conceptual SPA Review -
september 8, 1992.
III. city council Conceptual SPA Review (public hearing) -
September 14, 1992. (for quick turn-around, attach P&Z memo)
IV. Submission of Final SPA Plan by October 1 and Referral Routing
(limit referrals to 1 week turn-around).
V. Planning and Zoning commission Final SPA Review, Rezoning
(public hearing) and special Review for Parking - october 20,
1992.
VI. City Council Final SPA Review and Rezoning - first reading of
approval ordinance - November 9, 1992.
VII. Second Reading of approval ordinance (** public hearing pre-
noticed by city Clerk) - November 23, 1992.
2
~
"",.,-."..
- ~~,."",--
ELDER, r',LS REI!JHARD ESTATE OF 0
ELDER'v"r,ET C.
202 NORTH MONARCH STREET
ASPEN, CO 81611
A 01.. j at'lf\+
Prop'€..r*'-t ()wreJbT'
o wN.r S lJ,J 1-4---1 rl
3CD -fL 0+- '*e
w 6rkk. Sc~l
SeGALL, MARIA
101 E. HALLAM STREET
ASPEN, CD 81611
HODGSON, PHILIP R. & PATRICIA H.
212 NORTH MONARCH ST
ASPEN, CO 81611
GREENBERG, L ANTHONY
AS TROSTEE OF THE 1983
1.513 INNES PLACE
VENICe, CA 90291
MANCLARK, WILLIAM R. & DARLEEN J.
313 E. BAY FRONT
BALBOA ISLAND CA 92662
PARlYBDK, WILLIAM G. JR.
13617 160TH AVE NE
ReDMOND, ~A 98052
PAEPCKE, ELIZABETH H.
HOLLAND AND HART - C/O
600 E. MAIN ST.
ASPEN, CO 81611
BeRKO, FERENC
BERKO, MIRTE
POST OFFICE BOX 360
ASPEN, CO 81612
S~GUIN, WILJJAM L.
BOX 4274 r "I
ASPEN, Co 8.612
KWUMM, DO~ALD PAUL
P.O. BOX 874
ASPE.N, CO 81612
QUAM, CLARENCE 0. AS TRUSTEE
ANDE.RSON, HILOUR AS SUCCESSOR TRUSTEE
P U BUX 554
ASPEI~, CO 81612
SAOLEk,PRISCILLA ANNE
POST OFFICE BOX 2989
ASPI':N, CO 81612
KLL CO~IPANY
PO BOX 3129
ASPEN CO 81612
ABELS, J. E.
BOX 4707
ASPEN, CO 81612
T.R.S. FAMILy TRUST
C/O GARY WAYLAND
1079 AVIATION BLVD
HERMOSA BEACH, CA 90254
TISCH, STEVEN E. AND PATRICIA K.
14454 SUNSET BOULEVARD
PACIFIC PALISADES, CA 90272
~
PENN, PAULt",
PENN, SUSAr. ..J.
9505 COPLEY DRIVE
INDIANAPOLIS IN 46260
GROSSE, EDWIN J. & ADELINE M.
23049 FARMINGTON ROAD
FARMINGTON, MI 48336
BRUMDER, WILLIAM G.
TRUSTEE
2054 FIRST WISCONSIN TRUST CO.
MILWAUKEE, WI 53201
JOHNSON, RICHARD B. AND
JOHNSON, MONTAE IMDT
6820 bf<ADBURy
DALLAS, TX 75230
HONDO PARTNERS, INC.
4940 ~RDADWAY: SUITE 325
SAN ANTUNIO, TX 78209
HOLYOKE, EDITH L. ESTATE
b8b SOU1H GRANT STREEl
DENVER, CO 80209
LIGHT, JOAN ENID
733 13TH. STREET
BOULDER, CO 80302
FIRST NATIONAL BANK IN GRANO JUNCTION
Tt<U:;T1:,E FOR MONA FROS T'
BUX 608
GRAND JUNCTION, CO 81501
~
HOGUEt; CON~,NCEM.'
333 EAST 681..; STREET
NEW YORK CITY, NY 10021
AMATO, JOSEPH A.
PUSI uFFICE BOX 503
HIGHLAND MILLS, NY 10930
LEVY, DAVID M.
TIMES SQUARE BLDG.
115 EXCHANGE ST.
ROCHESTER, Ny 146111
WEAVER, GEORGE S. JR. AND SHIRLEY M.
HURST, V1RGINIA - C/O
1300 CHAPLH1 ST
WHEELING WV 26003
REDD, JAMES V.
SCHOLNIK, LOUIS N.
1901 NW 62NO ST ~1I15
FORt LAUDERDALE, FL 33309
PALMER COMMUNICATIONS INC
CIO KERMIT S. SUTTON
400 FIFTH AVE S; SUITE 301
NAPLES, FL 339110
SUTTON, 'KERMIT S.
SUTlOi~, JENNy W.
400 51H AVE. S.; SUITE 302
NAPLES, FL 33911~
TRUEMAN ASPEN CO.
A LIMITED ~^RTNERSHIP
4355 DAVIDSON ROAD
HILLIARD, OH 113026
-.-._...."..,,'~~..,<'.-
.~
,
.
r",
, .",
Aspen Center For Environmental studies
P.o. Box 8777
Aspen, CO. 81612
The Givens Institute
100 East Francis
Aspen, CO. 81611
united states Post Office
Aspen, CO. 81612
n
,
("'\
("')
b~~
W- -;DO!
tr-r
- MEMORANDUM -
TO:
Mayor and city council A,II ~
Amy Margerum, City Manager~
.FROM:
DATE:
October 19, 1992
RE:
Red Brick School: Next Steps
I have attached the notes from the saturday Retreat regarding the
Red Brick School.
The critical part of the notes start on page 7, "I would support
this project more if..."
The city agreed to set up two broader based citizen committees.
One to review financial and management issues and another to review
planning options for the site(s).
I have attached the list of those invited to the meeting. Please
review this list and provide me with your suggestions for
participants on these committees bv this Fridav. We can then
discuss it at the following Monday lunch.
You need not limit yourselves to those on this list.
I
r'\
i""\
- MEMORANDUM -
TO:
Mayor and City Council
Interested Staff
FROM:
Amy Margerum, city Manager
DATE:
September 22, 1992
Red Brick Retreat: October 10, 1992
RE:
The following people are now confirmed for the 10th:
Harry Teague
Don Fleisher
Jill uris
Chuck Brandt
Mick Ireland
Maggie DeWolf
Julia Marshall
Bob Camp
Jeanette Darnhaurer
Katherine Lee
Andy Hecht
Patti Clapper
Steve Goldenburg (Recommended by Lee Ambrose)
Martie Sterling (Recommended by the Martin's)
Micheal Kingsley .
City Council
It will start at 9, end at 4.
people.
Lunch will be provided for 30
Lousie Ninneman will facilitate.
Ken Torp was unavailable.
Please see attached proposal.
~,
1
(')
RED BRICK SATURDAY MEETING
Invited Attendees
City Council
Chuck Brandt - F
Joanne Lyon - F
Jeanette Darnauer - F
Janet Roberts - F
Lee Ambrose - A
Bill Martin - A
Carol Ann Jacobson - ? or A
Katherine Lee - A
Sandy Stuller - A
Harry Teague - F
Dave Stapleton - A
Bill Pass - F
Nick McGrath - ?
Jim Kent - F
Mick Ireland - F
Les Holst - F
Maggie DeWolf - F
Bob Camp - F
Alternates "A"
Patti Clapper
Bob George
Gideon Kaufman
Don Fleisher
Andy Hecht
Alternates "F"
Evan Boenning
Jill Uris
Michael Gassman
Michael Kinsley
Julia Marshall
..
OCT 19 '92 06:27PM GRAD SCHL PUBLIC AFF AIRSCDP DEN
r\
r\
P.2/9
RED BRICK SCHOOL RETREAT
October 10, 1992
Group Memory
******************************************************************************
CONCERNS
*
Small arts groups and artists are an endangered species in Aspen and need support.
*
$3.6 million is a lot of money - is it too much for an arts center?
*
As tenants, the facility should have artists and artist demonstration space, not offices!
The city doesn't need to subsidize another organization,
*
The arts center should be a county-wide expense; cost not borne just by Aspen.
*
The 3 vote margin is so close - city council should examine carefully.
*
The mil levy increase in last year's budget was deceptive,
*
Concern that we come to some agreement today facing possible passage of the Bruce
Amendment.
*
Goals need to be set regarding occupancy, costs, etc. The arts groups need to commit
to financial partnership.
*
Allows arts groups to have funding support without being dependent on city council, etc.
to decide.
*
Discussion of who is "worthy" to be supported/housed - cOuld lead to segregation.
*
Concern about question of private (professional) vs. non-profit management of the
facility.
*
The building is a public asset and should be preserved.
*
This possibility to preserve the sense of community and connection should be pursued.
*
It should be a locals facility and serve this community.
*
If Early Learning Center loses space at the Yellow Brick, could the Red Brick use be
expanded, have more of a human services focus?
OCT 19 '92 06:27PM G~ SCHL PUBLIC AFF AIRSCDP DEN.
()
P,3/9
*
Concern about money given to the arts vs. human services in Aspen - can we balance out
money given to the arts?
*
Maintaining a link to Aspen arts community is ideal - tie in to working artists as well
as offices.
*
Want to see the integrity of the building maintained and its historic value.
*
Concern that arts groups are not reliable or viable and that the city would be left holding
the bag.
*
Don't lose sight of what the arts groups are capable of - the arts are a big business in
Aspen.
*
Don't want to lose sight of the value of the arts in our community.
*
Need to nuture small arts groups, and there needs to be a centralized place to do this.
*
The project is too costly in the long term . $1.0 million is too much to just bring it up
to bare bones/code.
*
It is too large a building; it makes more sense to rehab just part of it.
*
Should explore public/private partnerships to share financial burden,
*
There would be significant neighborhood impact in an already high density neighborhood
- raises transportation issues, parking issues.
*
Hallam Ave, has historical significance.
*
Consider the site, not the building historic.
*
The neighborhood was assured that if they accepted the Early Learning Center, the
impact for the Red Brick would be kept as low.
*
Zoning could be an issue - zoned Medium density single family.
*
Hallam Lake Buff review. an environmentally sensitive area.
*
Arts groups are underwritten by donations from the community . fear that the project
could cause some groups to lose funding.
*
The project plan is not financially responsible.
*
Have an obligation to the school board to follow through on agreement already made.
OCT 19 '92 06:28PM GRAD SCHL PUBLIC AFF AIRSCDP DEN
r",
(\
P,4/9
*
Have a concern about turning over administration to the Arts Council.
*
Should preserve the accessibility and "nearness" of the neighborhood.
*
Should the city be footing the bill for this project?
*
Are there bigger priorities that need more attention than this project (i.e. transportation)
in light of the Bruce Amendment?
*
What are the long term benefits? To have the community control the site is important,
as well as maintaining the community fabric.
*
Need to highlight recreation center aspect and the connection with the Early Learning
Center.
*
Need to weigh aesthetics and what gets returned to the community. this project is not
just about money, but includes other values,
*
15 year bonding is a short time frame.
*
Saw the arts groups as financial partners - would help city purchase site it would like to
maintain,
*
Need to look at having office, studio, and education aspects combined as a model of an
arts center that is holistic, vital, and synergistic.
*
Who will administer the center? Need to nuture the central organization that is set up
to administer it.
*
The building has sentimental rather than historic/artistic value.
*
Concern regarding financial viability . want to leave this meeting with a monitoring
system process in place for creating a group to insure financial viability.
*
Important to co-mingle arts groups functions in building.
*
Arts groups need administrative space.
*
Need to give thought about how to be good neighbors - parking, impact, etc.
*
Concern about process and future validity of the electoral process,
*
'City council had not explored public/private partnership options.
Concerned about the bare bones approach - is this the best priority and does the public
really know the other needs?
*
OCT 19 '92 06:28PM ~ SCHL PUBLIC AFF AIRSCDP DEN ~
.".. .j
P.5/9
*
Is the school district getting the best deal in light of coming issues in school finance?
*
I Should try to make this a non-car facility, accessible by foot and bike,
*
Concern that city council will feel that there will always be 49% of population against
the project.
*
Keep the integrity of the neighborhood balanced with the project.
Voters thought they were voting to save the Red Brick School.
*
*
Are all the user groups identified? Are there more non-profit groups that could be
included?
'"
The project has long term value in that the Aspen arts economy draws people here and
many arts non-profits do marketing for the community.
*
I am delighted to pay for something that benefits this community.
*
It is clear that the need for the arts facility in this community is real.
*
What is the real need for space by artists?
*
What are appropriate other alternatives for the facility?
*
What is the real cost?
*
Are we extending the life of a property that is obsolete and inferior?
*
Support for this project by the community is split by finances.
*
Need to separate this project from past baggage.
*
Vote should be interpreted as a victory.
*
Timing is good regarding interest rates.
*
Leasing guarantees would lead to tenant viability.
*
Environmental impact from automobiles and traffic should be mitigated.
*
Why underwrite all arts groups in town? Be more selective.
*
Concern that is was a city rather than a county election.
*
Concern that the arts community will be the bad guys,
OCT 19 '92 06'28PM GRAD SCHL PUBLIC AFF AIRSCDP DEN
~
f\
P,6/9
*
Concern regarding sterilization/urbanization of Aspen,
*
Our responsibility is to find a solution that is good for the community.
*
What are the greater needs for Red and Yellow Brick sites long term?
Concerns broke down into the followinl! catel!ories:
Finances/Financial Viability
Management of the Facility
Site Use - Who uses it?
Community Preservation
Neighborhood Impact
Community Support for the Project
Flnancial Criteria:
Lessees Needs
Use $1 million for smaller portion of the site
Creditworthiness of lessees
Total commitment to community regarding finances
Centralized [mancial responsibility
Buy bonds at lowest interest rates possible
Proceed with lowest bond issuance cost possible
Tenants return as much revenue as reasonable to pay for bonds after building management,
maintenance, and reserve costs are covered
Timely financial reporting
Consider public private partnership
Consider privatization of portion of site
OCT 19 '92 06:28PM G~SCHL PUBLIC AFF AIRS~DP DEN
A
P.7/9
Plan financial goals for project, then evaluate
Can it be county-wide supported rather than just city of Aspen?
Project was approved at $3.6 million for that particular site
Is value of the building worth $3,6 million'?
No disposal of public land
I would sUP90rt this Droiect more if...
1. There was more financial stability.
*
Leases should be based on standard business practices.
*
Assure professional management.
*
Expand management authority which is broad based - create an oversight board.
*
Have a long term financial plan which recognizes growth potential and the need
for reserves.
*
Have performance criteria met at the end of 3-5 years; if not met, the project
should be re-thought.
01<
Project should be reviewed annually; if losing major amounts of money then it
should be reassessed after the fIrSt year,
01<
Council should review other options for revenue generation (private money,
grants, county funding),
01<
Explore pre-paid lease payments.
01<
Non-profits should explore grants and we should make this easy to do . raise
money for capital improvements,
01<
A fundraising committee should be set up.
01<
Should attribute the amount of funding going to recreation users.
*
Use open space funds (city & county) to pay for lawn area.
OCT 19 '92 06:29PM GRRD SCHL PUBLIC RFF RIRSCDP DEN
/""'\
f\
P.8/9
2. The def"U1ition of utilization was expanded to include more communitylhuman
services.
*
Leave open possibilities of other community uses.
*
Explore educational/institutional options if it works with community
arts/recreation program.
3. Financial support for the project included county sources of funding.
4. It was leased to fmancialIy responsible non-profits/users.
S. Users (arts groups) present a more unified management entity.
6. Automobiles were minimized.
*
Restrict parking places with resident parking permits.
*
Leave spaces in back of the building.
*
Auto disincentive program.
7. There was a more experienced property management group.
8. Grant money was pursued.
9. It is was aligned with a stable artistic or other institution.
10. There were no criteria for "artist".
11. The $3.6 million was used in the most effective manner.
*
Study options, including renovating gym and newer portion with the $1.0 million.
Spend $2.6 million to purchase the site,
*
12. The Arts Council had a director.
13. The project costs less than $3.6 million to the city.
* Include deed restricted housing? Or include combination with Early Learning
Center and Yellow Brick site?
14. We end up with a better product than the renovation of the existing building at $1
million.
OCT 19 '92 06:29PM G~SCHL PUBLIC AFF AIRSCDP DEN
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15. Criteria was developed based on the "need" for space.
16. Publidprivate partnerships were pursued to reduce the cost to the city.
17. Any additional uses were compatible with "public interest" and arts/recreation/open
space.
18. There was more information about how the site will be used, managed, and
developed.
19. Impacts are mitigated to the neighborhood and open space planning taken into
consideration.
NEXT STEPS
1. City to move forward with purchase of Red Brick.
2. City to proceed with ArtIRec Center but will:
A. Explore other options
B. Set up broader based committees with citizen participation to review financial and
management issues and planning options
C. Get consensus on options
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MEMORANDUM
FROM:
Diane Moore, city Planning Director ~
cindy wilson, Assistant City Manager~
TO:
DATE:
July 14, 1992
Red Brick School
RE:
As we discussed earlier, I'm putting together a comprehensive time
schedule for all projects related to the Red Brick school. Please
provide me with a schedule of all Planning office related items.
I think this is probably just the process for re-zoning to public.
The following are the proposed uses for the Red Brick school:
Aspen Ballet - ballet classes, dressing facilities, maybe showers,
maybe office spaoe
Theatre in Park - office space, lecture hall space
Dance Aspen - office space, share dance studio in summer
Aspen Filmfest - office space, meeting rooms, work space
Aspen writers' Foundation - office space, share lecture halls as
workshop meeting spaces, lecture halls for occasional community
activities
Aspen Art Museum - classrooms, possible share with Anderson Ranch
to teach classes, possible share with CMC for art space
Aspen Ridiculous Theatre - rehearsal space, classes, office space
KAJX, public radio
office space
- broadcasting and production studios and
Aspen Snowmass Council for the Arts - office space
Artists studios - These may not happen since council has indicated
that criteria for evaluating tenants should include a "non-profit"
status. Diane, I'd like to know if including artists studios is a
problem as this may come up for further discussion.
"Live -in" space - In conjunction with the artist studios, the Arts
Council at one point proposed one "live-in" unit as caretaker for
the building. Is this possible?
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city Uses:
Wheeler -
possibly scene shop, costume storage, rehersal space
Recreation
recreation
etc
Dept. - Recreation Dept. offices, use of gym for various
programs such as gymnastics, volley ball, basketball,
possible other uses:
Grassroots TV - broadcasting and production studios and office
space. This was originally included but I think they've found other
space. Would it be possible for them to be in the building in the
future?
Yoga classes
Aspen Interactive - Computer interactive multi-media publishing
If you could get me the time line by wednesday, I'd appreciate it
as I'd like to get a comprehensive schedule to Council by the end
of the week. If this is a problem or if you have any questions or
concerns about any of the above uses, please call me. Thanks
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