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HomeMy WebLinkAboutcoa.lu.su.707 E Hyman Park 1.A03003 . CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ",-----'" . , -' A030-03 2737-182-27001 PARK PLACE COMMERCIAL PARKING FACILITY 707 E HYMAN AVE JAMES LINDT SUBDIVISION/CONDITINAL USE/AND CON HYMAN AVENUE HOLDINGS, LLC STAN CLAUSON ASSOCIATES, LLC u.e/l'1 i (" 4 5/04/05 D DRISCOLL .... J ,,_.~..___._"._~_.~e,.~,..._H_U~"_'_"""'"""V'__'_" _... U, 'V"~__ MEMORANDUM ,V\\\ d ",''',", -",,,,." TO: Mayor Klanderud and Aspen City Council DATE: John Worcester, City Attorney n/ Julie Ann Woods, Community Development Director '1 Chris Bendon, Senior Long Range Planner CANVV1 "Park Place" - 707 E. Hyman Avenue Second Reading of Ordinance No. 58, Series of 2003. ~. December 8, 2003 ~ - , ,.( I THRU: FROM: RE: PROJECT: "PARK PLACE" COMMERCIAL PARKING GARAGE REQUEST: Approvals to subdivide the parcel and construct a 99 space Commercial Parking Facility with two (2) affordable housing units on the eastern parcel currently developed with an "A- Frame" structure, ZONING: Office (0) Zone District LAND USE ACTIONS: Consolidated Conceptual/Final PUD, Conditional Use, Subdivision, Rezoning to include a PUD Overlay, Growth Management allocation, Residential Design Standards waiver, Condominiumization, and GMQS Exemption for Affordable Housing. PLANNING AND ZONING COMMISSION Denial (4-3 vote) RECOMMENDATION: GROWTH MANAGEMENT Approval with conditions (9-1 vote) COMMISSION RECOMMENDATION: STAFF Approval with conditions RECOMMENDATION: SUMMARY: Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC, is requesting land use approvals to construct a 99 parking space commercial parking facility with an accessory office and two (2) affordable housing units. The parcel is 12,000 square feet consisting of Lots A, B, C and D of Block 105, City and Townsite of Aspen, and is located in the Office (0) Zone District, The property is currently developed with an "A-Frame" structure, 707 East Park Place Page I Hyman, and the "Hannah-Dustin" building, 300 So. Spring, Both are currently office buildings, No changes are proposed for the Hannah-Dustin Building. The commercial parking facility is proposed to replace the A-Frame. The parking operation is proposed as an entirely automated system, Cars are placed on "pallets" and then mechanically moved within the building. No internal ramping is involved and patrons do not actually enter the parking area. A small office houses an attendant who aids patrons with the system, Two affordable housing units are proposed on the Hyman Avenue side of the building, The City Planning and Zoning Commission reviewed this application over a series of four meetings and recommended City Council not approve the project (by a 4-3 vote). The reasons for recommending denial varied between each commissioner, although several noted an insecure feeling about the queuing of cars on Hyman Avenue. The Growth Management Commission (a joint board comprised of both City and County P&Zs) reviewed and "scored" the project with passing scores necessary for City Council to grant a growth management allotment. Conditions of the Growth Management Commission approval have been incorporated into the proposed ordinance, A CD has been included with the application and can be run on any computer with a CD drive, City staff can play the CD for Council members or the public. This will also be played at the public hearing on December 8th. Staff has reviewed this application against the applicable criteria and believes all criteria have been met. Staff is recommending approval, subject to conditions outlined in proposed Ordinance No. 58, Series of 2003. MAIN ISSUES: Sketch Plan Review: A parking garage concept (on the A-Frame property only) was the subject of a "sketch plan review" with City Council and the Planning and Zoning Commission October 21, 2002. This review process allows a potential applicant to identify planning issues with the City's boards and neighbors of the site in a public hearing format. The proposed operation has significantly changed since the sketch plan reVIew, The planning issues identified were: Compatibility of the use with surrounding uses and properties, lighting of the facility, height and aesthetics of the building, hours of operation, noise, traffic generation and air pollution, employee generation, and potential future uses of the building, The two boards expressed concerns over these issues on "first blush" and indicated to the applicant that these issues would need to be addressed in an application, The two boards indicated acceptance of the project being reviewed as a PUD, potential flexibility with employee generation calculations, and potential ability for the project to gain multi-year allotments in growth management. Aspen Area Community Plan: The 2000 AACP endorsed the following policies and goals that have applicability to this project: Park Place Page 2 . Limit traffic on Highway 82 into Aspen to 1993 levels, . Reduce internal flow of traffic within Aspen, . Hold the supply of public parking within the Aspen Community Growth Boundary to 1998 levels, with the exception of affordable housing parking, . Reduce automobile congestion in the downtown core, particularly in the evening and on weekends so as to foster economic sustainability. . Manage the supply of parking to limit adverse impacts of automobile use and to conserve land in the Aspen area, . Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use. The Economic Sustainability Report (a follow-up to the AACP) recommended the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private and interagency partnerships for certain projects and moving forward on others that have already been approved. These include: 1) The Entrance to Aspen as approved in the CDOT Record of Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect for the four ski areas." Recent projects and planning efforts also affect this discussion. The Rio Grande Parking Garage was originally planned for an additional level below grade. This unbuilt level would have accommodated an additional 80 cars, The Independence Place Plaza project ("Superblock") was planned in this general area as an outgrowth of the 1986 parking study referenced in the application. 228 parking spaces were contemplated for the lPP project. The "hold public parking" statement in the AACP seems to not support this (or any) additional parking. At the same time the "reduce congestion," "transportation management," "add more parking," and recent planning activities seem to support this concept of additional public parking. Staff believes parking, especially public parking, is an infrastructure necessary for the success of the downtown shopping district. This parking garage will add capacity and relieve some of the demand for on street parking, valet parking, and the Rio Grande facility, Staff believes the proposal complies with the Aspen Area Community Plan. Traffic Generation: There is a question of whether this facility will attract more auto trips to town ("build it and they will come") or will this project ease parking frustration of people already coming to town, Staff suggests its likely a little of both - this facility will add to the inventory of parking and provide some relief to the "circling phenomenon." Parking demand is primarily a function of downtown destinations (restaurants, shopping, skiing, etc,) and parking serves that demand. This section of Hyman Avenue is one of the least traveled streets downtown (approximately 2,300 to 3,200 vehicles per day) and no physical improvement are necessary to accommodate the additional 165 trips per day. Traffic Queuing. The proposed project has two parking bays and can queue up to four cars at a time. Parking each car takes approximately 90 seconds - the average time for the system's mechanics to complete a full cycle. It is suggested that during peak periods, Park Place Page 3 both bays will accept vehicles and patrons wanting to retrieve their cars will be required to wait. With the two bays in operation, a minimum of three minutes will be available for exiting the vehicle, collecting belongings, etc. With a parking space behind each bay, additional time is available for patrons. The 90-second cycle time of the mechanical system permits the facility to process up to 40 cars per hour, more than the expected peak-hour demand of 37 autos, 29 inbound. (See Exhibit D - traffic report) Staff does not foresee a queuing problem with this project. Noise: Compliance with the City's noise limitations was raised during the P&Z review, A system of the same manufacturer located in Washington D.C. was analyzed by an acoustical engineer. (See exhibit E - noise report.) Sound readings within the lobby of this system reported an overall sound level of approximately 43 to 48 dBA. It is this "A- weighted" scale that the City's noise ordinance specifies as the method of measuring noise. (The second two charts of the noise report describe the "profile" of the noise, or what it sounds like.) The City's noise limitation for this commercial zone district is 65 dBA during the day (7 am to 9 pm) and 60 dBA during the night (9 pm to 7 am) measured at the property line. The lobby readings of the Washington D.C. facility indicate that this facility will be well within the City's requirement at the property line, In fact, the facility should be within the City's more-strict residential noise limitations of 55 dBA during the day and 50 dBA at night. Sound readings were also taken within the mechanical area of the Washington D.C, facility, It is these internal readings Herb Klein, attorney for the neighbors, cites in his letter. These readings aren't pertinent to the noise issue because an overhead door will remain closed during mechanical operation, patrons do not enter the mechanical area, and the City does not regulate noise levels within buildings, Staff believes the facility will be in compliance with the City's noise regulations. Nonetheless, the proposed ordinance requires a "noise check" prior to issuance of a Certificate of Occupancy (c. 0.). This test will be performed by the City of Aspen and will be done under a variety of operating conditions. Public Parking: The level of public access was discussed at P&Z and the applicant specified 19 parking spaces as permanently available to the public. The public access element of the project was important to several P&Z members wanting the facility to remain actively serving parking needs and not storage of vehicles or remaining unused, The 19-space requirement is specified in the proposed ordinance. Operations Prospectus: During their review, the Planning and Zoning Commission requested an operations plan detailing the day-to-day operation of the facility and documenting representations of the applicant. This plan contains hours of operation, a description of how the operator will use unused spaces for public parking, and a yearly report to the City, The operations prospectus is appended to the proposed ordinance, Pedestrian Improvements: The site currently provides a sidewalk along Spring Street and essentially no pedestrian provision along Hyman Avenue. The proposal would complete the sidewalk along the remainder of the block. Park Place Page 4 "___> '~_.._._.,_..v ____.,_''',......ft_~.._.,~._,,,.~,..,,,~__~..___.".._ ,,-- .,--.-.,.,-.- ". ~ - ..1' , - Sidewalk along Benedict Commons and existing condition along subject property, Dimensional Requirements: The dimensions of this project are proposed to be established through adoption of a PUD (Planned Unit Development). Following is a comparison of the roposed dimensions and those allowed in the Office Zone District Dimension: Proposed Proposed Hannah Office Zone Park Place Dustin Lot: District: Lot: Minimum Lot Size 6,000 sf. 6,000 sf. 6,000 sf. Minimum Lot Width 60 ft. 60 ft, 60 ft, Front Yard Setback 6.5 ft. O-IOft, (varies) (west- lOft, (secondary front primary) yard is 2/3 of primary 6.5 ft, (north = front yard) secondary) Side Yard Setback 3 ft. (west) o (east) 5 ft, 5 ft, (east) Rear Yard Setback Oft, lOft (existing) 15 ft, Maximum Height 35 ft, 28 ft. (existing) 25 ft. Percent of Open No No Requirement No Requirement Space Requirement Allowable FAR 1.29:1 Same as Office zone ,75:1. May be requirement increased to 1:1 through Special Review Residential Off- 3 total N/A Minimum: Lesser of I Street Parking /bedroom or 2/unit. Commercial Off- 99 spaces 3 along alley (Joss of 3 3/1 ,000 s,f. net leasable Street Parking surface spaces on space. north side) Distance between 10 ft. 10 ft, 10 ft. Buildings on the lot. Park Place Page 5 Staff believes the proposed dimensions are appropriate. Both the neighboring Benedict Commons Building and the Aspen Athletic Club building across the street exceed a 1: 1 FAR with the Aspen Athletic Club Building having an FAR of approximately 1.82:1. The Benedict Commons building has a 6.5-foot setback along the Hyman Avenue property line. The 35-foot proposed height of the parking facility is measured to the top of the flat roof. The adjacent Benedict Commons building was approved for a 30-foot height limit (measured at the midpoint of the sloped roof) and certain ridgelines are developed to approximately 34 feet The portion of the building closest to Hyman Avenue has been restricted to 26 feet, reducing Neighboring Benedict Commons Building the appearance of massing on the front fayade, The proposed west side yard setback (between the proposed parking garage and the Hannah Dustin building) of 3 feet is less than the Office Zone requirement The proposed setback for the Hannah Dustin building is 0 feet The City's Building Department has suggested the proposed property line be repositioned such that the parking garage has a 0- foot setback. This would prevent the east facing walls of the Hannah Dustin Building from having to be retrofit as "fire walls." If this route were pursued, minimum lot size ofthe parking garage structure would need to be varied. The proposed east side yard setback of 5 feet meets the requirement of the Office Zone Districts and mirrors the 5-foot setback of the Benedict Commons building. Bell Mountain Townhomes across the alleyfrom subject site, the The Hannah-Dustin building is not proposed to be altered. The dimensional requirements that are proposed to be established through the PUD reflect the existing dimensional conditions of the building, Employee Generation & Affordable Housing: This project will generate approximately 5 FTE (full-time equivalents) plus a potential part-time bookkeeper/manager. The City requires mitigation for 60% of the employees generated. The applicant has proposed two affordable units - a Category lone-bedroom unit and a Category 3 three-bedroom unit. These units house 4.75 employees, in excess ofthe City's requirement The Aspen/Pitkin County Housing Authority has reviewed this proposal and has recommended approval with a series of conditions. These conditions require an audit of the operation to determine actual employee generation and a legal mechanism to guarantee the rental units remain affordable (considering the Telluride decision), Park Place Page 6 Subdivision: The subdivision request is to divide the lot into two properties and is also necessary for the creation of multi-family housing (a unit in a mixed-use building is multi-family housing by definition). The site is flat and contains no geologic hazards or other reasons to recommend denial and is suitable for subdivision. Staff believes that the proposed subdivision application complies with all of the City's standards, Residential Design Standards Waiver: There is little practical benefit of applying the City's Residential Design Standards to this project. As designed, the project does not meet the following standards: Secondary Mass - Requires a portion of the FAR be detached from the main building, - Requires a porch be developed on the front fas;ade, - Requires 20% of the front fas;ade to be one story In height. Porch One Story Element Staff believes that compliance with these standards would detract from the project and that the combination of uses within the project dictates the architecture of the building. Staff believes the proposed architecture is appropriate and adequately provides a residential aesthetic on Hyman Avenue fas;ade on the upper levels of the building. Staff recommends the residential design standards be waived for this project and the architecture of the building be guided by the PUD standards, Growth Management: The proposed parking garage requires a GMQS scoring approval. A scoring by the Growth Management Commission was held on November II th, and the application received passing scores. The process requires "acceptance" of the scores by both City Council and the Pitkin County BOCC. City acceptance is accomplished through the iroposed ordinance, Pitkin County BOCC acceptance is scheduled for December 3' and staff will update City Council at the hearing. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance No. 58, Series of2003. RECOMMENDED MOTION: "I move to approve Ordinance No, 58, Series of2003," CITY MANAGER'S COMMENTS: A TT ACHMENTS Exhibit A - Review Criteria and Staff Findings Exhibit B - Referral Agency Comments Exhibit C - Application (distributed with first reading packet) Exhibit D - Traffic Analysis Exhibit E - Noise Report Exhibit F - GMQS scores Park Place Page 7 .., Operations Prospectus ,",,'" Page 1 Exhibit A to City Councii'uf'dinance No. 58, Series of2003. Operations Prospectus Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible. Part-time residents and locals living on the outskirts of town or in more rural regions need to have available parking for many of their day-to-day needs. Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently ful! during the mid-day hours, The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed, Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their spaces on and off the rental pool with little notice, The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking, There is every expectation that they will gain in value, since they wil! earn income. This income may increase over time with parking fee increases and increased demand, The following information is intended to establish an operations plan and assist in reviewing the operational characteristics, as well as the community value, inherent in providing this facility, Components of the Facility The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc. Subject to an audit, the employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility, Use of Spaces Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production for each owner. Operations Prospectus Page 2 Exhibit A to City Council Urdinance No. 58, Series of2003. This will be addressed in the owner's covenants, but in order to have as many spaces serve the public as possible, an owner will generally be required to lease the space when not using the facility, The implementation of this plan will involve a computerized inventory system. Under this system, the owner's vehicle will be scanned with a bar code in order to maintain location of inventory for arrival and departure, If an owner's vehicle has not been scanned in for 3 calendar days, their space will automically be entered into the public parking pooL Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrivaL However, the requirement is placed on the owner to reserve their use and the system makes it available all other times. It is also important to note that the management shall retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking availability. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there Will only be a daily rate for parking, During the shoulder seasons, the plan is to sell discounted single-day parking in order to encourage persons to park and leave their vehicles all day, i,e" come in the morning and leave it till the end of the day for one price so long as they exit only once. Longer rentals to non-owners, such as weekly and monthly rentals, will not be permitted. Such rentals would interfere with the daily parking function, and potentially obstruct availability of spaces for owners, Hours of operation should be sufficient to service all guests/owners. However, when demand is not sufficient to staffthe facility, it will be closed. By observing activities on the streets, management anticipates closing between the hours of 10:00 p.m. and 7:00 a,m, Hours may be more limited during lower season times but should never extend past these hours of operation during high season, unless reviewed by the City to accommodate some special need. Special longer hours may be established for event parking in conjunction with City parking and traffic management activities, Examples of these special events would be New Year's Eve and Fourth of July fireworks. Owners and users will be required to anticipate closures in order to use their vehicles, Parkin!!: TVDes The different types of parking available to the public should include the following: Daily. Daily rates for parking will be the basic method of usage. Examples of this include day skier parking, day business parking, and night dining/shopping parking, Nineteen of the 99 total spaces shall be available at all times for daily parking, Other spaces shall also be available when not in use by their owners, . Off-season. During times of low and off seasons, the intent of management is to offer an opportunity to purchase a discounted one-time park for the day, It will mirror downtown rates for leaving a car on the street all day and allow one entry , -<--.",-....,..-~-~.".- ,,,.~.- --.-,,, .._,<"-"_.~-......,-~.-,-~--"...~.,- Operations Prospectus' Page 3 Exhibit A to City Council urdinance No. 58, Series of2003. and exit for a fixed price of up to 11 hours or from 7:00 am till 6:00 pm. This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core. . Longer-term. Owners and non-owners may occupy up to 80 of the 99 spaces overnight or for extended periods as needed. However, this longer-term parking may not be held empty for extended periods of time and shall be available for public day perking when not actually in use by owners. Owners Association As soon as a specific number of spaces are sold, there will be an Owners' Association created for owners who will pay a quarterly fee for building maintenance and other necessary expenses, It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally, It is possible that some buyers would buy multiple spaces, finding the return on investment to be competitive or exceeding current yields on other investments, Manal!:ement of buildinl!: bv the development l!:roup At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business, It is expected that fees in the range of25% of income would be appropriate. Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. The vast majority of the costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated, With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group, Replacement of the development l!:roup It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation, At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility, Subsequent owners of the management group would Operations Prospectus Page 4 Exhibit A to City Council urdinance No. 58, Series of 2003. assume any land use conditions imposed relative to the operation of the facility or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit Potential Investors and Users For any investor who may be interested in spaces purely from the prospective of return on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually, First, there will be a percentage of the spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues, It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town, These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times, It is expected that 40 or so purchasers will buy under this assumption, Finally, there will be the investor/buyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion. Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 of the annual revenues. Amendment of Operations Plan The Operations Plan defined in this prospectus may be amended through the City of Aspen Land Use Code conditional use amendment process, REVIEW CRITERIA - PARK PLACE Planned Unit Development (PUD) Review Criteria & Staff Findings Section 26.445.050, Review Standards: Final PUD Section 26.445.050 of the Regulations provides that development applications for Final PUD must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposal is consistent with many objectives of the Aspen Area Community Plan, The 2000 AACP endorsed the following transportation policies and goals that have applicability to this project: . Limit traffic on Highway 82 into Aspen to 1993 levels, . Reduce internal flow of traffic within Aspen. . Hold the supply of public parking within the Aspen Community Growth Boundary to 1998 levels, with the exception of affordable housing parking. . Reduce automobile congestion in the downtown core, particularly in the evening and on weekends so as to foster economic sustainability, . Manage the supply of parking to limit adverse impacts of automobile use and to conserve land in the Aspen area, . Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use, The Economic Sustainability Report (a follow-up to the AACP) recommended the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private and interagency partnerships for certain projects and moving forward on other that have already been approved, These include: 1) The Entrance to Aspen as approved in the CDOT Record of Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect for the four ski areas." Recent projects and planning efforts also affect this discussion. The Rio Grande Parking Garage was originally planned for an additional level below grade. This unbuilt level would have accommodated and additional 80 cars. The Independence Place Plaza project ("Superblock") was planned in this general area as an outgrowth of the 1986 parking study referenced in the application. 228 parking spaces were contemplated for the IPP project Park Place Review Criteria Page I The "hold public parking" statement in the AACP seems to not support this (or any) additional parking. At the same time the "reduce congestion," "transportation management," "add more parking," and recent planning activities seem to support this concept of additional public parking. Staff believes parking, especially public parking, is an infrastructure necessary to the downtown shopping district. Staff does believe the parking garage proposal complies with the Aspen Area Community Plan. The Applicant has appropriately proposed to develop affordable housing well within the Urban Growth Boundary and in close proximity to the Commercial Core of the City as is consistent with the housing policies that are set forth in the AACP, In addition, the Interim Aspen Area Citizen Housing Plan states that citizen housing should be provided within the metro area and in close proximity to public mass transit as the proposed development is. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The immediate vlclmty is comprised of commercial, mixed use, and multi-family residential buildings, The proposed parking garage will support these uses and the uses of the immediately adjacent downtown core, Staff finds this proposal consistent with the character of the surrounding area, 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed development would adversely affect the future development of the surrounding area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The Applicant has obtained a passing score from the Aspen/Pitkin County Growth Management Commission and City Council is authorized to award the allotments necessary for this project. Staff believes this criterion is being met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD ...The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. Park Place Review Criteria Page 2 ~ 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes that the proposed height is appropriate given the heights of the surrounding structures. The parking garage facility is proposed at a height of thirty-five (35) feet to the top of the flat roof The existing buildings that surround the site of the parking garage are built to a height of between thirty (30) and thirty-five (35) feet talL Therefore, staff believes that the proposed height is compatible with the surrounding buildings. Additionally, the proposed FAR of 1,29: I is compatible with the neighboring buildings in that both the neighboring Benedict Commons Building and the Aspen Athletic Club Building that exists across the street contain greater than a I: I FAR, with the Aspen Athletic Club Building containing a I: 1.82 FAR 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes that the proposed dimensional requirements for the parking facility structure are compatible with the surrounding properties. Several of the surrounding structures are built to a height similar to that of the thirty-five (35) feet proposed for the parking facility. Additionally, the PUD that would consist of both the existing Hannah- Dustin Building and the proposed commercial parking facility would provide a quantity of open space comparable to that provided at the neighboring Benedict Commons PUD, 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) 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. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Park Place Review Criteria Page 3 --- ( '", Staff Finding The Applicant has proposed to incorporate the required parking spaces for the affordable housing units within the parking facility. Therefore, staff has proposed a condition of approval that requires the Applicant to designate three (3) of the parking spaces within the parking facility for the affordable housing units, 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The infrastructure capabilities are sufficient to accommodate this proposal. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudjlow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding No natural hazards or other conditions exist that would dictate such a reduction III allowable density, 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. Park Place Review Criteria Page 4 '-_"-~"-~","--- ..... .,,~.. .,,,..,.- ..- ",-"~,,,.-,.-,,'.".'~'."'.'.-.~'-'~ -- ..-..... ,,- c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding Staff believes the proposed density is appropriate for the site and for the character of the immediate vicinity. Sufficient transportation infrastructure is a community goal expressed in the AACP and is necessary for continued economic health of the downtown, None of the physical characteristics of the site limit the allowable density (criteria 4&5) and the proposed density is compatible with the surrounding development pattern. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding No such characteristics of the site exist such that a change in the site plan would be necessary, 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding No significant open space or vistas exist that would dictate a change in the proposed site plan. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The sidewalk improvements are needed in the area and positively contribute to the urban context in which this site is located, 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Proper emergency access will be maintained with this proposal. 5. Adequate pedestrian and handicapped access is provided. Park Place Review Criteria Page 5 Staff Finding This criterion has been met 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. Staff Finding The City Engineer and the applicant have reviewed drainage requirements and believe this criterion is satisfied. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding No programmatic needs of the uses direct the design of spaces between the buildings, C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with thefollowing: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding The proposed landscape improvements will significantly improve this site. The existing surface parking along Hyman A venue detracts from the streetscape and provides no pedestrian accommodation. The proposal will amend this situation and complete a needed link in the pedestrian network. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding No predominant site features or landscape features exist that would require preservation through the construction phase, D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the Park Place Review Criteria Page 6 ,,,-'.... '".. ~ building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The architectural character of this proposal is adequate for the proposed use and for the immediate vicinity, The residential uses along Hyman Avenue provide some relief and architectural interest to the building, 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The proposed mechanical system provides an extremely efficient method of car storage. The system requires no internal ramping and no mechanical exhaust/venting. Staff believes the proposal, even considering the mechanics of the system, will require less energy and less land area than a conventional ramped and mechanically vented garage. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The flat roofs essentially mitigate this concern, Some minimal maintenance along the north side of the garage will be necessary. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: I. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Park Place Review Criteria Page 7 Staff Finding The applicant has indicated full compliance with the City's lighting code will be achieved, F. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding No such common space has been proposed. G. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. StatIFinding The applicant will be required to provide service upgrades as necessary, An electrical transformer may be necessary, No City or other utility agencies have requested overslzmg, Park Place Review Criteria Page 8 r \..,.." H. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Proper access is maintained to all lots and structures with this proposal. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Staff does not foresee this proposal creating undue congestion on the eXlstmg road network, The 165 expected additional daily trips is not expected to necessitate infrastructure improvements. The ability to stage up to 4 cars should alleviate queuing issues within Hyman A venue. Staff has included a condition requiring the operator not allow cars to be left unattended within the right-of-way, No trail/bike path recommendations of the AACP or historic use patterns affect this site, This entryway has been properly designed. Staff believes these criteria have been met. 1. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of Park Place Review Criteria Page 9 "r..... ~.._-. ,..... the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in- lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding No phasing has been proposed. Subdivision REVIEW CRITERIA & STAFF FINDINGS Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding See comments under PUD Section. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding Staff finds this application in compliance with applicable regulations of the City, considering the proposed conditions of approval. B. Suitability of Land for Subdivision Park Place Review Criteria Page 10 a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because ofjlooding, drainage, rock or soil creep, mudjlow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding The land is suitable for subdivision. No natural hazards exist that affect the division of this land, The proposed subdivision provides an efficient use of land with no unnecessary public costs, C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The Applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented to install the required subdivision improvements that are applicable to this proposal as is detailed in the application. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The new dwelling units are affordable according to the City's regulations and IS III compliance with the City's growth management regulations, E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Park Place Review Criteria Page 11 Staff Finding School Impact Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be $2,961,700 based on information from the Pitkin County Assessor. This represents $10,750,870 per acre. One-third of this value divided by the proposed 2 units results in a $1,791,823 per acre standard for calculating the impact fee, The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Impact Fees are as follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Impact Fee of Units unit per standard acre (acres) One bedroom $1,791,823 .0012 $2,150 I $2,150 Two Bedroom $1,791,823 .0095 $17,022 0 0 Three $1,791,823 ,0162 $29,028 I $29,028 Bedroom Four Bedroom $1,791,823 .0248 $44,437 0 0 Total: $31,178 Amendments to the project shall include an adjustment to this impact fee according to the above schedule. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, S 2) Staff Finding The City/County Growth Management Commission scored the project with passing scores (GMC resolution No. I, 2003) and the City Council may award the necessary allotments concurrent with adoption of the subdivision ordinance. Staff believes this criterion is met. Conditional Use 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the appropriate review board shall consider whether all of the following standards are met, as applicable. Park Place Review Criteria Page 12 1. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding See comments under PUD Section. Staff believes this criterion is met. 2. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposedfor development; and Staff Finding The proposal compliments uses and activIties within the downtown VICllllty, The proposed use and operating characteristics are compatible with the development pattern and character of the immediate uses. Staff believes this criterion is met. 3. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding Staff expects off-site impacts will be minimal. The proposal is not expected to generate noise, trash, odors, vibrations, or service deliveries that would be unexpected in this mixed-use area, Traffic and pedestrian circulation are improved with the proposal. Visually, the parking garage use has been masked with residential development along the Hyman Avenue fayade and will have appropriately-designed parking entrances along the street. Staff believes this design is sensitive to the surrounding properties and more than adequately minimizes the affects of the parking garage use, 4. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Sufficient infrastructure exists to accommodate the use. Staff believes this criterion is met, 5. The applicant commits to supply affordable housing to meet the incremental needfor increased employees generated by the conditional use; and Staff Finding The applicant is providing employee housing to accommodate the use, The Aspen/Pitkin County Housing Authority has reviewed the proposal with their Board and has found the application providing employee housing in excess of the City's Park Place Review Criteria Page 13 requirements, An audit condition has been included to ensure adequate housing is provided in the case where current employee projections are exceeded. Staff believes this criterion is met. Rezoninl!: Note: Requiredfor PUD Overlay. No change to underlying Office Zone is proposed Section 26.310.040, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding: The proposed PUD Overlay is consistent with the Land Use Code and does not represent any potential conflicts. The parking garage concept is unique and the PUD review process allows a broader discussion on the merits of such a proposal. The PUD Overlay also allows for the parcel to be split and the existing Hannah Dustin building to remain unaltered, Staff believes the PUD Overlay is appropriate and desired and is recommending approval, B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Please refer to comments related to the AACP under the PUD section. In summary, staff believes this application is in compliance with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: No change to the underlying zoning is being proposed, only a PUD overlay, The Overlay provides for a greater discussion and involvement of neighboring property owners as to the compatibility of the proposed development. Staff believes the proposal meets this standard, D. The effect of the proposed amendment on traffic generation and road safety . Staff Finding: The PUD Overlay will not be increasing the allowable density of the parcel as the Office Zone District provides for the density being contemplated. A parking garage is a conditional use in this zone district and effects of traffic generation and safety are being addressed through the conditional use review and the PUD review. 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 Park Place Review Criteria Page 14 ,..... "'./ /,., "" ,", facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The utility and infrastructure needs for the project have been addressed in the PUD application, Because of the location of the development and existing capacities, no significant up-grades are required to accommodate this development. Improved electrical service will be required and the upgrades will be paid for by the applicant and are not expected to be borne by the general public. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff believes the proposed zoning overlay and the proposed development do not represent adverse impacts upon the natural environment. Sufficient criteria to evaluate potential impacts on the natural environment are included as PUD criteria and the overlay actually ensures the community a greater degree of scrutiny. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The overlay requires a greater degree of review than would otherwise be required and compatibility issues regarding proposed heights, FAR, and the proposed parking garage use can be more thoroughly evaluated with the PUD overlay, H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: A change in conditions is not a prerequisite to rezoning. This criterion only requires that any changed conditions be considered upon requests for rezoning. This block of East Hyman is developed with a mix of commercial, office, and residential uses, The parcel to the south was developed with a lodge and was recently redeveloped with residences and below-grade parking. The most-recent developments have been residential, including an affordable housing project with below-grade parking developed with a density of approximately 80 residential units per acre, one of the highest density developments in Aspen. The City has been had philosophical discussion in the past several years with respect to growth, affordable housing, preservation of rural lands, and the advantages of density and compact communities, Generally, the concept encourages higher densities within traditional townsites and preservation open and rural lands between city centers. This shift in philosophy can be seen in the Interim Citizen Housing Plan, the 2000 AACP, and in the reports and discussion of the City's lnfill Program. This shift requires consideration on how to use urban land more intensely. At the same time, significant anxiety exists concerning increased building mass and intensity ofland uses, Park Place Review Criteria Page 15 """ \.,....... The Planned Unit Development Overlay permits a complete discussion and consideration on how to use a parcel of land more intensely while addressing the impacts of such intensity on surrounding properties. In this case, staff believes the PUD Overlay is preferable in moderating the interests of the community, surrounding property owners, and the applicant Staff believes this criterion has been met and supports the zoning of the property to include a PUD Overlay, I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding: Staff does not believe the additional review and involvement of the community required by the PUD Overlay is in conflict with the public interest The overlay does not grant the applicant any additional development rights or reliance, Staff believes this standard is met Residential Desil!:n Standards This application fails to meet several of the Residential Design Standards. The practicability of applying these standards to such as development is difficult and staff believes the proposed development creates constraints and conditions not favorable to reaching compliance with all the standards, The following standards are not being adequately addressed: Secondary Mass - Requires a portion of the FAR be detached from the mam building. - Requires a porch be developed on the front fayade. - Requires 20% of the front fayade to be one story in height Porch One Story Element Staff believes that compliance with these standards would detract from the project and that the combination of uses within the project dictates the architecture of the building, Staff believes the proposed architecture is appropriate and adequately provides a residential aesthetic on Hyman Avenue fayade on the upper levels of the building. Staff recommends the residential design standards be waived for this project and the architecture of the building be guided by the PUD standards, GMOS Exemption for AH Section 26.470.070(J), Affordable Housing GMQS Exemption Section 26.470,070(1) ofthe Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]," Review is by City CounciL The section goes on to state that, Park Place Review Criteria Page 16 '~."", '"..... The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Staff Finding The Applicant is proposing a total of two (2) affordable housing units that are to be deed restricted as a Category I-one bedroom rental unit and a Category 3- three bedroom rental units. Staff feels that there certainly still is a need for the development of affordable housing in that we are still under the projected need of 800 to 1300 additional affordable housing units that is set forth in the 2000 Aspen Area Community Plan's Housing Policies. Staff believes the proposed site is located in an appropriate location for the development of affordable housing in close proximity to the commercial core and well within the Urban Growth Boundary as is mandated by the AACP, Additionally, the Housing Authority has reviewed the proposal and has indicated that units are consistent with the requirements of the affordable housing guidelines with respect to the size, layouts, and Categories proposed, Staff has included a condition requiring the developer to provide sufficient assurance to the City that these rental units will remain affordable considering the State Supreme Court's ruling in the Telluride affordable housing case, This has been accomplished in the past with other developments proposing rental affordable housing and is expected to be satisfied in this instance. Staff finds this criterion to be met Park Place Review Criteria Page 17 MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator fij\{tv f(~((; ~(~~~ 1? Vete<<~\ CM~~ Date: July 14, 2003 Re: Park Place Private Parkina Facilitv Attendees: James Lindt, Community Development Department Chris Bendon,Community Development Department Nick Adeh, Engineering Department Denis Murray, Building Department Brian Flynn, Parks Department John Niewoehner, Community Development Department Tim Ware, Parking Department Sarah Oates, Zoning Officer Jannette Whitcomb, Environmental Health Stan Clauson, Planner Representing Applicant Brain Pawl, Planner Representing Applicant Peter Fornell, Applicant Jeff Halferty, Architect for Applicant At the July 9, 2003 meeting, the Development Review Committee reviewed the following project: Park Place Private Parkina Facilitv: A private parking facility is proposed for 300 South Spring Street near the intersection of Spring St and East Hyman Ave, The proposed garage will accommodate approximately 99 parking spaces and will have seven levels including three below grade, Besides the parking area and garage office, two apartments are planned for the second and third floors, This was the second DRC meeting for this project The first DRC meeting was October 9, 2002, These minutes are not meant to duplicate comments from the October DRC, DRC COMMENTS 1 , Enaineerina Department: . Due to past bad experiences, the City does not allow soil nails to extend into ROW or utility easements, Investigating the use of soil hardening techniques is recommended, . Street Impact Fee: At the time of the building permit application, a street impact fee will be accessed that accounts for the construction wear and tear on the streets, . The Engineering Department supports the Applicants plan to pave the alley as long as the alley improvements are engineered to accommodate drainage, . Traffic Management Plan: At the time of building permit application, a traffic management plan needs to be submitted that defines the construction hauling routes and methods to shuttle workers to the construction site, . Are there ground water issues? Groundwater could potentially increase the cost of construction and operation, Dewatering operations cannot pump groundwater out of the aquifer unless adequate water rights are obtained, . Extensive geologic and soils are required to determine to determine whether groundwater issues exist and how the building can be constructed without adversely affecting adjacent properties and the ROW. . Building foundation footers cannot extend into the ROW, . Vehicles and material storage cannot block the use of the alley by emergency vehicles, " ,.-"'" Page 2 of 3 July 7, 2003 Park Place ","-,. ", 2, Zonino . There are questions regarding the floor area of the structure, The racks that support the cars are not real building floors but neither is the building an open shell. This is a question for P&Z to settle, The PUD can be used to define the floor area, . The applicant should use the PUD to request that the project be exempted from the City's residential design standards, . Parks and school impact fees will need to be paid for the affordable housing units, . The project needs to be renamed, There are too many places in Aspen with a similar name, 3, Parkino Department: . Prior to the start of the project the City needs to know the frequency and duration of street and alley closings, How will the project construction adversely affect the neighboring properties' access and parking, . The traffic management plan must describe how emergency vehicles will have continual access to the construction site and adjacent properties, In addition, parking spots on the street must be purchased for construction vehicles including worker's vehicles, 4, Fire Protection District: . The Applicant shall install a fire sprinkler system throughout the building that complies with NFPA-13, . The Applicant shall install a fire alarm system throughout the building that complies with NFPA-72. . The Applicant shall install standpipes, . The Applicant shall prepare an emergency access plan and meet with the Fire Marshal prior to the public hearing, . The Applicant shall prepare a ventilation plan and meet with the Fire Marshal prior to the public hearing, 5, Parks Department: . Root barriers are to be placed around new trees to prevent future buckling of the sidewalk, . Parks Dept recommends that the spruce tree be cut down instead of trying to transplant it 7, Buildino Department: . Structure must meet the energy code for the commercial area (com-check) and for the residential area (res-check), . No access Is shown to the mechanical room, . Must fulfill the requirements of the efficient building program for the residential units, . Disability access to the bathroom and the vehicle pickup area must be defined, . One fire sprinkler system is needed for the entire building, . As part of the lot split, it is advisable that the parking garage have the zero lot line setback instead of the neighboring building, 8, City Water Department: no comments at this time 9, Aspen Consolidated Sanitation District: (by phone) Page 3 of 3 July 7, 2003 Park Place ;- " , . Will there be a back-up generator? If so, there will be fuel tank issues, . There will need to be containment for glycol and hydraulic oils used for the car handiing system, . ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. . Will the garage be broom cleaned or cleaned with water? If water is used, there will need to be floor drains, Floor drains will be connected to the sanitary sewer and will require an oil/sand separator. In case of a fire, the drains and oil/sand separator must be sized to accommodate fire flows, . Project must adhere to the rules and regulations of the District and pay applicable fees, 10, Environmental Health: . The applicant needs to provide a construction noise suppression plan, . The Environmental Health needs to refine the expected trip generation numbers based on an improved understanding of the project Preliminary estimates determined that garage would generate 952 trips per day, Vehicles trips cause air pollution, . The paving of the alley and the construction of sidewalks will help mitigate for the impacts of the vehicle trips resulting form the project /DRC/ParkPlaceDRC#2 f...... V ~ engineering paths to transportation solutions ~(V flWiJ ~1tI\~\l D \ \eA...f~~ ~ \'fvlS HOLT & ULLEVIG August 28,2003 Mr. Stan Clauson, AICP, ALSA Stan Clauson Associates, LLC 200E. Main Street Aspen CO 81611 RE: Traffic Analysis Park Place Parking Garage FHU Reference No, 03-169 Dear Mr. Clauson: Felsburg Holt & Ullevig has prepared this letter to summarize the traffic impacts associated with the proposed 99-space Park Place Commercial Parking Facility (Park Place garage) to be located at 707 East Hyman Avenue in Aspen, Colorado. This letter summarizes the existing land use and traffic impacts associated with the small office building and parking area currently on the site, the existing traffic volumes on Hyman Avenue in the vicinity of the site, the number of trips forecasted for the proposed garage, and the traffic impacts to the adjacent streets associated with those trips. Existing land Use Currently, the site consists of a 927 square foot A-frame office building and small surface parking lot that can accommodate approximately 15 vehicles. On a typical day, this lot is used to capacity. The Institute of Transportation Engineers (ITE) Trio Generation, Sixth Edition was used to forecast the existing daily and peak hour trips associated with the office building, The existing parking lot trips were estimated based on information provided by the City of Aspen for the Rio Grande Parking Garage, In that garage during peak times of the year, each space is used approximately 1,5 each day, with the peak demand occurring between 11 AM and 2 PM, which is outside of the morning and afternoon peak hours of adjacent street traffic (one hour between 7 and 9 AM and 4 and 6 PM). Since traffic impacts are typically measured during the peak hour of street traffic, it was estimated that approximately 15 percent of the total daily traffic would occur during those morning and afternoon peak periods. These characteristics were applied to the existing surface lot on the site, Table 1 shows the number of daily and peak hour trips currently associated with the site. As the table indicates, the existing land uses on the site generate approximately 105 daily trips, 12 AM peak hour trips, and 12 PM peak hour trips, 303,721.1440 fax 303,721.0832 fhu@fuueng.com Greenwood Corporate Plaza 7951 E, Maplewood Ave, See, 200 Greenwood Village, CO 80111 """ v ,.......," ~ August 28, 2003 Mr. Stan Clauson Page 2 Table 1 Existing Trips Generated by the Site Existing Traffic Volumes Traffic volumes on East Hyman Avenue in the vicinity of the site were obtained from the City. Summer counts were conduced in 1997 and winter counts were conducted in 1994. These counts were factored to 2003 conditions based on the traffic growth factor calculated by the Colorado Department of Transportation (CDOT) for Original Street (SH 82) immediately east of the site. Based on this factor, Hyman Avenue currently experiences approximately 3,500 vehicles per day (vpd) in the summer and approximately 2,300 vpd during winter. The summer volume on Hyman is1,700 to 1,900 vpd lower than the summer volume on either Cooper Avenue (4,900 vpd) or Hopkins Avenue (4,700), one block north and south of the site, respectively, and is approximately 3,000 vpd lower than the volume on Durant Avenue (6,500 vpd), two blocks north of the site, All four streets appear to have similar mixes of commercial and residential land use. Thus, it appears that Hyman currently experiences traffic volumes that are somewhat lower that the typical volumes on other local streets in the downtown area. Proposed Land Use As proposed, the site would be developed as a 99-space garage, with two affordable housing units. The garage is consistent with the land use identified for the site in the Aspen/Pitkin County TransitfTransportation Development Program, 1986-2000 (Leigh, Scott & Cleary, 1986), which identified a 300-space parking garage for the site. To maximize space usage, a mechanical system would be used to park cars. Drivers would park their car on one of two mechanical lifts, exit the car, and the lift would move the car into an available spot Table 2 summarizes the trip forecast with the proposed land uses. ITE Trio Generation, 6th edition was used to forecast trips associated with the affordable housing. As for the garage, based on our understanding of the operation, all of the garage spaces would be available for purchase or long-term rental by local residents. It was assumed that approximately 20 percent of the spaces would be used by part-time local residents to store their vehicles when out of town and thus would generally be unavailable for use on a daily basis. The remaining 80 percent (80 spaces) would be used on a daily basis by local residents, merchants, employees, and visitors. These daily spaces would be in a manner similar to the Rio Grande garage; Le,. each space used approximately 1,5 time each day, with approximately 15 percent of the daily demand occurring during the morning and afternoon peak hours of the adjacent streets. Based on these ,-., '......,# August 28, 2003 Mr. Stan Clauson Page 3 assumptions, the proposed land uses would generate approximately 250 daily trips, 37 AM peak hour trips, and 37 PM peak hour trips. Table 2 Proposed Park Place Trip Generation M':ge~J~~ft,iuj~~~~~~:ttm~~ ~,~mtO'_'(~~@p{maI' 110 36 11 25 37 12 25 Traffic Impacts Table 3 summarizes the net trips generated by construction of the Park Place Garage. These trips represent the trips generated by the garage, minus the existing trips from the site. The total represents the new trips that would be added to Hyman Street. However, it should be noted that these trips are not new trips to the downtown Aspen area, but rather represent existing traffic that currently uses other parking locations, In fact, construction of the garage may result in a minor reduction in overall traffic in the downtown area, because some of the vehicles that would use the garage currently circle the area in search of on-street parking, With the new facility, these vehicles would drive directly to the lot and be removed from circulation. Table 3 Net Trip Generation from the Park Place Site Pro osed Park Place Gara e Existin Site Land Uses Net Total Tri s 250 105 145 37 12 25 12 3 9 As the table indicates, Hyman Street in the vicinity of the site would experience approximately 145 additional daily trips as a result of the Park Place Garage, This represents a three percent increase over the existing daily traffic volume on that block. The total daily traffic volume of 3,645 vpd on Hyman Street would still be approximately 1,250 vpd less than the daily volume on Cooper Avenue and 1,050 vpd less than the daily volume Hopkins Avenue, one block north and south of the site, respectively. Therefore, the parking garage would not change Hyman Street's character as a lower volume local street in downtown Aspen. ",.... v ~'. """ August 28, 2003 Mr. Stan Clauson Page 4 Queuing The estimated total time required to park each car using the lift system would be approximately 90 seconds (from the time the vehicle drives onto the lift to the time the lift returns for the next vehicle); thus, with two lifts a total of 80 vehicles could be parked each hour (3600 seconds/hour / 90 seconds/vehicle * 2 lifts = 80 vehicles/hour), A waiting area with room for four vehicles would be provided on the site for vehicles entering the garage and waiting for the lift. To minimize queuing, these entering vehicles would be given priority with the lifts, and drivers would pay upon exiting. Based on projected peak period arrival rates and the lift processing time, during the morning and evening peak hours of adjacent street traffic the maximum queue at the lifts would be two vehicles, which would be contained within the four-car storage area, During the busiest hour of the day (mid-day peak) during the busiest time of year, it is estimated that a maximum of half of the daily spaces (40 spaces) would turn-over (40 trips in, 40 trips out). During these periods, the maximum queue would be 4 vehicles, which also would be contained within the site. Conclusions Based on the results of the analysis, the proposed Park Place garage would generate approximately 145 net daily trips from the site. This represents a three percent increase over existing daily traffic volumes on that block of Hyman Avenue, but still would result in total daily traffic volumes there that are significantly lower than the adjacent local streets. The garage could also result in a lowering of overall downtown Aspen traffic by reducing the number of vehicles circulating for on-street parking spaces. Peak period queuing by vehicles entering the site would be contained within the waiting area provided on site, I trust this information is sufficient for you to make an informed decision on traffic impacts associated with the project If you have any further questions, please call, Sincerely ;;)laLT ULL""G ~e~~E. Senior Transportation Engineer eoJDept. MIDAMERICAN El 7030 ~UtA'~ ~(~ f~ -r"K~-I~tr E Noise- ~ 71 08/28/2003 11:13 177348G~~8 Aur; 27 03 11, Dip Ga~,j Eh,..llch Post-it" Fax Nole ~ To Phonli" . August 27, 2003 Mr. Jack Litschewskl Mid-American elevator Company 5101 General Washington Drive Alell;llndria. Virginia 22312 Keference: Summit (;;ran(l pare - p<lrKing Machine Noise F"''>'7C '20 <6"7 This Jetter summarizes the noise level measurements performed by Wyle Laboratories at the Summit Grand Pare building in Washington, D,C, This building has a parking mal:hiflB. The resident drives t1leir vehicle into .roorn #2.w The parking machine is then engaged. The platfonn in the room rotates slightlv and the vehicle is lowered to the appropriate level of the garage. Upon exit, the resident calls for the vehicle. The parking machine uses a crane to retrieve the vehicle and place it on a different platform. That platfonn is then r.llsed up to "room #1", and the t'e5ident drives out. Overall A-weighted and one-third octave band SOund levels were measured twice each second in the lobby and in the garage as the parking machine was operated. Sound levels are olten expressed in one-third oct:c\ve bands. The range of human hearing is approximately from 20 to 20,000 Hz. The A-weighted sound level is the most commonly used noise metric. The A-weighting filter was designed to simulate the frequency sensitivity of the human ear at low to moderate loudness, Two sounds with the same A-weighted sound level Should be judgeCl equally lOud by most people. Sound levels were measured during brief periods between ;1.0:30 and 11:30 a.m. on AUgust 27, 2003. The measuremenl!i were not performed when people were using the elt:vaturs or lobby, OccasIonally, there was some noise from the reception desk and office area on the opposite side of the lobby. Ambient noise was generally attributable to street traffic. ventilation systemll, end the distant office workers. The garage moasurements were performed in the pllrking garage i1ppl"oximately ten feet from the overhead dool' at the entrance to room #2 (the room thOlt drivers enter first before parking). Sound levels were measured in the garaqe as the machine was operated in the exit and entrance cycles. No vehicle was on !:he platform during the tests. The lobby measurements were performed in the hallway between the reception desk and the elevators. The C100r between that hallway and the garage was c:losed. Sound levelS were measured in each location during different cycles, not simultaneously. Wyl. LatlOr.!ID_.Ine. lIfl<I1 J.rru..... D.... Hlg....., 5ul"'701, AnlnglDrl, VII _5Dol Tet 7_15-45llO, T'IlI-= 703/1115-0. Aue 27 03 11.01p G.....>t EI1I" 1 i cl1 MIDAMERICAN ELEV ,.., 703" A<l-27S0 PAGE 02 p.'! 08/28/2003 11:13 17734852438 ,,,",,, Mr. Lltschewski August 27, 2003 Page 2 Figure 1 shows the A-weighted SOI,md level eadl half-second, It can be seen from Figure 1 that sound levels were essentially the same In the rooby witl'l the parKing machine operating as without. It can also be seen that the sound level in the garage was typiC!'lIy betwe.!Pn 50 and !'.!'; dBA, and occasionally reached 70 ':0 SO dBA. figure z shows the frequency speara averaged over the entire test ptlriud, amI Figure 3 shows the frequency spectra averaged over the loudest five-second p/!!r1od. Again, it can be seen that sound levels were nearly identical with the parking machine and without it in the lobby. Subjectively, the jJllrking ma.:;llhltl was barely audible in tile lobby. Please call me at 703/415-4550 ext. 18 If you require any additional information. Sincerely, ~~hr~ Senior Acoustical Engineer 1I1YI!- 08/28/2003 11:13 1 16 : 31 - 46 61 76 ' 91 106 121 _ 136 151 0 166 CR ; 181 : '!2. 196 CD ~ 211 i 0226 .. 241 " 256 271 286 301 316, 331 346 361 ~ 376 - 391 1 7734852~.s MIDAMERICAN ELEV , .... PAGE 03 ~ 10 u , "II O' c .., CD ~ . ;p E !!. lllI i: CD 0. CD o C = c:<. :; Gj of m t!l =r p 01 '" CD n o ~ I:l. o - o Nt C Overall Sound Level, dBA B 2l t.l <:> rn <:> ... c I I + + bbG)G). rTa"! III ~Su:>rl!l I t CD (P C ~ ' c c: cc: ~. c ,S.... :::J -. - G:I ~::;. , m'" G:I m ;;l m~ ,-< a I -< L- I " -.... . - . -- ~...... IJ~T. l' .JU";I ~.n~" dnn:TI ~n /.~ llnll - 08/28/2003 11:13 1 7734862j~8 , , MIDAMERICAN ELEV , , . 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Q) > co ~::a co f/l .- rn f/JQ)~:= ~;go~ 0.0 J: ctl Q.cuQ)U) coLL::cc ..-- .~ ctl .0 Cl)c:o"Ea. .S:! .2> 6: ~ oq- a en - <( U) t:n~ 0 - c CD >; 0 -o~ c:"o QJ ==00- (J~~jQ (f) tn(ijro > ~ .S :J > e 0 aO<(tLlIl ", , CI)<(IIlOO , ~v~~ ~~\bit- F (d1v ~e6 ~ - '" o C ~ (f) (/)"02 IV ~ ~ a. c: lr.;" 0 0 CD .0 .:;a.a.:oQ. Q)..Q:!]';!w tn::a .0 .- ::c .S CtJ m ~..rn Cirorocu'ffiE u>>-o>::J CI) ro ro ro,~ _ _.......0_ Eoog;oC :=3 cfi. "# (0 "# 'E eooloo "- .q- 'V (() c.o c .5: I I + I I :;; <(1Il <(00 r..... \'ol..... / ,- "'Ie MEMORANDUM TO: Mayor Klanderud and City Council FROM: John Worcester, City Attorney --IA,A. Joyce Allgaier, Community Development Deputy Director Chris Bendon, Senior Long Range Planner ~ "Park Place" - 707 E. Hyman Avenue First Reading of Ordinance No.~, Series of 2003. (Second Reading scheduled for December 8, 2003.) THRU: RE: DATE: November 10,2003 PROJECT: "PARK PLACE" COMMERCIAL PARKING GARAGE REQUEST: Approvals to subdivide the parcel and construct a 99 space Commercial Parking Facility with two (2) affordable housing units on the eastern parcel currently developed with an "A- Frame" structure. ZONING: Office (0) Zone District LAND USE ACTIONS: Consolidated Conceptual/Final PUD, Conditional Use, Subdivision, Rezoning to include a PUD Overlay, and GMQS Exemption for Affordable Housing. (A GMQS scoring will occur on November 11th,) PLANNING AND ZONING COMMISSION Denial (4-3 vote) RECOMMENDATION STAFF Approval with Conditions RECOMMENDATION: SUMMARY: Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC, is requesting land use approvals to construct a 99 parking space commercial parking facility with an accessory office and two (2) affordable housing units, The parcel is 12,000 square feet consisting of Lots A, B, C,and D of Block 105, City and Townsite of Aspen, and is located in the Office (0) Zone District. The property is currently developed with an "A-Frame" structure, 707 East Hyman, and the "Hannah- Dustin" building, 300 So. Spring. Both are currently office buildings. No changes are proposed for the Hannah-Dustin Building, The commercial parking facility is proposed to replace the A-Frame, Park Place Page I l/l~'" ,-. "'- 1 The parking operation is proposed as an entirely automated system. Cars are placed on "pallets" and then mechanically moved within the building. No internal ramping is involved and patrons do not actually enter the parking area. A small office houses an attendant who aids patrons with the system. Two affordable housing units are proposed on the Hyman Avenue side ofthe building. The Planning and Zoning Commission reviewed this application over a series of four meetings and recommended City Council not approve the project (by a 4-3 vote). The reasons for recommending denial varied between each commissioner, although several noted an insecure feeling about the queuing of cars on Hyman Avenue. The Growth Management Commission will be "scoring" the project on November 11th Scoring results will be presented at second reading. A CD has been included in the application and can be run on any computer with a CD drive. City staff can play the CD for Council members or the public, This will also be played at the public hearing on December 8th, Staff has reviewed this application against the applicable criteria and believes all criteria have been met. Staff is recommending approval, subject to conditions outlined in proposed Ordinance No. _, Series of 2003. MAIN ISSUES: Sketch Plan Review: A parking garage concept (on the A-Frame property only) was the subject of a "sketch plan review" with City Council and the Planning and Zoning Commission October 21, 2002. This review process allows a potential applicant to identify planning issues with the City's boards and neighbors of the site in a public hearing format. The proposed operation has significantly changed since the sketch plan reView, The planning issues identified were: Compatibility of the use with surrounding uses and properties, lighting of the facility, height and aesthetics of the building, hours of operation, noise, traffic generation and air pollution, employee generation, and potential future uses of the building. The two boards expressed concerns over these issues on "first blush" and indicated to the applicant that these issues would need to be addressed in an application. The two boards indicated acceptance of the project being reviewed as a PUD, potential flexibility with employee generation calculations, and potential ability for the project to gain multi-year allotments in growth management. Aspen Area Community Plan: The 2000 AACP endorsed the following policies and goals that have applicability to this project: . Limit traffic on Highway 82 into Aspen to 1993 levels. . Reduce internal flow of traffic within Aspen, Park Place Page 2 t"''' '......' -""".". ....".., . Hold the supply of public parking within the Aspen Community Growth Boundary to 1998 levels, with the exception of affordable housing parking. . Reduce automobile congestion in the downtown core, particularly in the evening and on weekends so as to foster economic sustainability. . Manage the supply of parking to limit adverse impacts of automobile use and to conserve land in the Aspen area, . Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use. The Economic Sustainability Report (a follow-up to the AACP) recommended the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private and interagency partnerships for certain projects and moving forward on other that have already been approved, These include: I) The Entrance to Aspen as approved in the CDOT Record of Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect for the four ski areas." Recent projects and planning efforts also affect this discussion. The Rio Grande Parking Garage was originally planned for an additional level below grade. This unbuiJt level would have accommodated an additional 80 cars, The Independence Place Plaza project ("Superblock") was planned in this general area as an outgrowth of the 1986 parking study referenced in the application. 228 parking spaces were contemplated for the IPP project The "hold public parking" statement in the AACP seems to not support this (or any) additional parking. At the same time the "reduce congestion," "transportation management," "add more parking," and recent planning activities seem to support this concept of additional public parking. Staff believes parking, especially public parking, is an infrastructure necessary for the success of the downtown shopping district This parking garage will add capacity and relieve some of the demand for on street parking, valet parking, and the Rio Grande facility, Staff believes the proposal complies with the Aspen Area Community Plan, Traffic Generation: There is a question of whether this facility will attract more auto trips to town ("build it and they will come") or will this project ease parking frustration of people already coming to town. Staff suggests its likely a little of both - this facility will add to the inventory of parking and provide some relief to the "circling phenomenon." Parking demand is primarily a function of downtown destinations (restaurants, shopping, skiing, etc,) and parking serves that demand. At the same time, additional capacity may attract some additional auto trips that would otherwise be either discouraged from downtown or be handled by other transit modes, Park Place Page 3 "'"" ~"/ , This section of Hyman Avenue is one of the least traveled streets downtown and no physical improvement are necessary to accommodate the additional trips, Traffic Queuing. The proposed project has two parking bays and can queue up to four cars at a time. Parking each car takes approximately 90 seconds - the average time for the system's mechanics to complete a full cycle. It is suggested that during peak periods, both bays will accept vehicles and patrons wanting to retrieve their cars will be required to wait. With the two bays in operation, a minimum ofthree minutes will be available for exiting the vehicle, collecting belongings, etc. With a parking space behind each bay, additional time is available for patrons. The 90-second cycle time of the mechanical system permits the facility to process up to 40 cars per hour, the expected peak-hour demand. (See Exhibit D - traffic report.) Noise: Compliance with the City's noise limitations was raised during the P&Z review. A system of the same manufacturer located in Washington D.C. was analyzed by an acoustical engineer. (See exhibit E - noise report.) Sound readings within the lobby of this system reported an overall sound level of approximately 43 to 48 dBA. It is this "A- weighted" scale that the City's noise ordinance specifies as the method of measuring noise, (The second two charts of the noise report describe the "profile" of the noise, or what it sounds like,) The City's noise limitation for this commercial zone district is 65 dBA during the day (7 am to 9 pm) and 60 dBA during the night (9 pm to 7 am) measured at the property line, The lobby readings of the Washington D,C. facility indicate that this facility will be well within the City's requirement at the property line. In fact, the facility should be within the City's more-strict residential noise limitations of 55 dBA during the day and 50 dBA at night. Sound readings were also taken within the mechanical area of the Washington D,C facility. These readings aren't pertinent to the noise issue because: one of the overhead doors will remain closed during mechanical operation; patrons do not enter the mechanical area; and, the City does not regulate noise levels within buildings. Staff believes the facility will be in compliance with the City's noise regulations, The proposed ordinance requires a "noise check" prior to issuance of a Certificate of Occupancy (CO,). This test will be performed by the City of Aspen and will be done under a variety of operating conditions. Public Parking: The level of public access was discussed at P&Z and the applicant specified 19 parking spaces as permanently available to the public. The public access element of the project was important to several P&Z members wanting the facility to remain actively serving parking needs and not storage of vehicles or remaining unused, The 19-space requirement is specified in the proposed ordinance, Park Place Page 4 Operations Prospectus: During their review, the Planning and Zoning Commission requested an operations plan detailing the day-to-day operation of the facility and documenting representations of the applicant. This plan contains hours of operation, a description of how the operator will use unused spaces for public parking, and a yearly report to the City, The operations prospectus is appended to the proposed ordinance. Pedestrian Improvements: The site currently provides a sidewalk along Spring Street and essentially no pedestrian provision along Hyman Avenue, The proposal would complete the sidewalk provided along the Benedict Commons for the remainder of the block. Sidewalk along Benedict Commons and existing condition along subject property, Dimensional Requirements: The dimensions of this project are proposed to be established through adoption of a PUD (Planned Unit Development), Following is a comparison of the propOosed dimensions and those allowed in the Office Zone District. Dimension: Proposed Proposed Hannah Office Zone Park Place Dustin Lot: District: Lot: Minimum Lot Size 6,000 sf. 6,000 sf. 6,000 sf. Minimum Lot Width 60 ft. 60 ft. 60 ft. Front Yard Setback 6.5 ft, O-IOft. (varies) (west = lOft. (secondary front primary) yard is 2/3 of primary 6,5 ft, (north = front yard) secondary) Side Yard Setback 3 ft. (west) o (east) 5 ft, 5 ft. (east) Rear Yard Setback Oft, lOft (existing) 15 ft. Maximum Height 35 ft, 28 ft. (existing) 25 ft, Percent of Open No No Requirement No Requirement Space Requirement Allowable FAR 1.29:1 Same as Office zone .75:1. May be requirement increased to 1:1 through Special Review Residential Off- 3 total N/A Minimum: Lesser of I Street Parking Ibedroom or 2/unit. Park Place Page 5 -- ...."" Commercial Off- 99 spaces 3 along alley (Joss of 3 311 ,000 s.f. net leasable Street Parking surface spaces on space. north side) Distance between 10 fi. 10 fi. 10 fi, Buildings on the lot Staff believes the proposed dimensions are appropriate. Both the neighboring Benedict Commons Building and the Aspen Athletic Club building across the street exceed a I: I FAR with the Aspen Athletic Club Building having an FAR of approximately 1.82: L The Benedict Commons building has a 6.5-foot setback along the Hyman Avenue property line. The proposed west side yard setback (between the proposed parking garage and the Hannah Dustin building) of 3 feet is less than the Office Zone requirement The proposed setback for the Hannah Dustin building is 0 feet The City's Building Department has suggested the proposed property line be repositioned such that the parking garage has a 0- foot setback, This would prevent the east facing walls of the Hannah Dustin Building from having to be retrofit as "fire walls," If this route were pursued, minimum lot size of the parking garage structure would need to be varied. The 35-foot proposed height of the parking facility is measured to the top of the flat roof. The adjacent Benedict Commons building was approved for a 3D-foot height limit and certain ridgelines are developed to approximately 34 feet (measured at the midpoint of the sloped roof). The portion of the building closest to Hyman Avenue has been restricted to 26 feet, reducing the appearance of massing on the front fayade. The proposed east side yard setback of 5 feet meets the requirement of the Office Zone Districts and mirrors the 5-foot setback of the Benedict Commons building. Neighboring Benedict Commons Building Bell Mountain Townhomes across the alley from subject site, the The Hannah-Dustin building is not proposed to be altered. The dimensional requirements that are proposed to be established through the PUD reflect the existing dimensional conditions ofthe building. Employee Generation & Affordable Housing: According to the applicant, this project will generate approximately 5 FTE (full-time equivalents) plus a potential part-time Park Place Page 6 bookkeeper/manager. The City requires mitigation for 60% of the employees generated. The applicant has proposed two affordable units - a Category lone-bedroom unit and a Category 3 three-bedroom unit. These units house 4.75 employees, in excess of the City's requirement. The Aspen/Pitkin County Housing Authority has reviewed this proposal and has recommended approval with a series of conditions, These conditions require an audit of the operation to determine actual employee generation and a legal mechanism to guarantee the rental units remain affordable (considering the Telluride decision). Subdivision: The subdivision request is to divide the lot into two properties and is also necessary for the creation of multi-family housing, The site is flat and contains no geologic hazards or other reasons to recommend denial is suitable for subdivision. Staff believes that the proposed subdivision application complies with all of the standards, Growth Management: The proposed parking garage requires a GMQS scoring approval. A scoring of this application by the Growth Management Commission is scheduled for November II II" and the results of the scoring with be reported at City Council's second reading. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance No.55' Series of 2003, upon first reading. CITY MANAGER'S COMMENTS: / / .A P.i5 ~"0'-..-r -4 be, e. ve..-7 a.a;/?~~/oj~ .l.€ Crlr C~c.-r deri.-e5 ,,~..fr.f-"~ ~<:trk'7 5.-.-.e..s, r , RECOMMENDED MOTION: "I move to approve Ordinance No,$" Series of 2003, upon first reading." ATTACHMENTS Exhibit A - Review Criteria and Staff Findings Exhibit B - Referral Agency Comments Exhibit C - Application Exhibit D - Traffic Analysis Exhibit E - Noise Report Park Place Page 7 .,-, ORDINANCE NO. ~ (SERIES OF 2003) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT (PUD) REVIEW, CONDITIONAL USE REVIEW, RESIDENTIAL DESIGN STANDARDS WAIVERS, SUBDIVISION REVIEW, REZONING TO INCLUDE A PUD OVERLAY, AND AFFORDABLE HOUSING GROWTH MANAGEMENT EXEMPTION REVIEW FOR A COMMERCIAL PARKING FACILITY AND OFFICE BUILDING LOCATED ON LOTS A, B, C, AND D, BLOCK 105, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application (the Project) from Hyman Avenue Holdings, LLC, John Cooper Managing Partner, owner and applicant, represented by Stan Clauson Associates, LLC, for combined Conceptual and Final Planned Unit Development (PUD) approval, Rezoning for a PUD Overlay, Subdivision approval, Conditional Use approval, Residential Design Standards waivers, and Growth Management Exemption approval for affordable housing for a proposed commercial parking facility housing ninety-nine cars, two affordable housing units, and an accessory parking attendant office, and an existing office building; and, WHEREAS, the parcel of land is described as Lot A, B, C, and D, Block 105, City and Towntsite of Aspen, Pitkin County, Colorado, also described as the Hannah- Dustin Condominiums according to the plat thereof recorded in Plat Book 17 at Page 78 Pitkin County Clerk and Recorder, and is currently developed with an "A-Frame" structure, 707 East Hyman Avenue, generally located on Lots C and D, and the "Hannah- Dustin" building, 300 So, Spring Street, generally located on Lots A and B. Both are currently office buildings, Minimal changes are proposed for the Hannah Dustin Building and site, The commercial parking facility is proposed to replace the A-Frame; and, WHEREAS, pursuant to Sections 26.304, 26.310, 26.410, 26.425, 26.445, 26.480, and 26,710 of the Land Use Code, land use applications requesting land use review for Rezoning for Planned Unit Development Overlay designation, Conditional Use, Planned Unit Development Conceptual and Final plan adoption, Residential Design Standards waivers, and Subdivision approval, may be approved, approved with conditions, or denied by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, the appropriate referral agencies, and members of the general public; and, WHEREAS, pursuant to Section 26.304.060(B)(l) and for the purpose of providing clarity and reducing duplication the Community Development Director, in consultation with the applicant, has modified the Conditional Use Review and Residential Design Standards variance procedures for this project such that the Planning and Zoning Ordinance No. , Series of2003, Page I Commission, at a public hearing, shall make a recommendation to City Council and City Council, at a public hearing, shall be the final decision-making body; and, WHEREAS, pursuant to Section 26.445.020 and notwithstanding the parcel being less than 27,000 square feet in size the Community Development Director has allowed this project to be reviewed according to the City's Planned Unit Development process considering that this project may have the ability to further goals of the Aspen Area Community Plan and that the procedures and review standards ofthe City's Planned Unit Development process best serve the interests of the community in reviewing the project; and, WHEREAS, pursuant to Section 26.445.030(B)(2) the Community Development Director has permitted the consolidation of Conceptual and Final Planned Unit Development review considering the limited extent of issue involved; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Parking Department, the City Transportation Department, the City Zoning Officer, City Parks Department, the Aspen Building Department, the Environmental Health Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on August 19, 2003, continued to September 2, 2003, October 7, 2003, and October 21, 2003, the Planning and Zoning Commission considered the noted recommendations and comments from the general public and recommended, by a four to three (4-3) vote, the City Council not grant approval for the Rezoning for PUD Overlay designation, Conceptual and Final PUD Development Plan approval, Conditional Use approval, Subdivision approval, and growth management exemption approval for affordable housing for the proposed commercial parking facility and existing office building. WHEREAS, the Aspen City Council has reviewed and considered the application according to the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the Planning and Zoning Commission, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the application meeting or exceeding all applicable standards of the land use code of the City of Aspen Municipal Code and that the approval of the proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Ordinance No, Series of2003, Page 2 Section 1: Rezonine: The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect the following property as designated with a Planned Unit Development Overlay zoning designation, No change to the underlying "Office" designation shall occur. Lots A, B, C, and D, Block 105, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Growth Manae:ement Approval Contine:encv The Subdivision and Planned Unit Development approvals granted by the City shall not be considered valid until the project obtains all growth management allotments and approvals. The City shall not accept or approve final Subdivision/PUD plats, plans, and agreements unless all growth management allotments have been awarded by the City of Aspen. Section 3: Residential Desie:n Standards The project, as depicted in the Final PUD Plans, shall be exempt from the City's Residential Design Standards. Section 4: Approved Proiect Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: Dimension: Parking Garage Lot: Hannah Dustin Lot: Minimum Lot Size 6,000 sf. 6,000 sf. Minimum Lot Width 60 ft, 60 ft. Front Yard Setback 6,5 ft. O-lOft, (as shown on final PUD Plan) (west = primary) 6.5 ft. (north = secondary) Side Yard Setback 3 ft. (west) o (east) 5 ft, (east) Rear Yard Setback o ,ft. 10ft Maximum Height 35 ft. 28 ft. Percent of Open No Requirement No Requirement Space Allowable FAR 1.29: I (The parking Same as Office zone requirement "shelves" shall not be counted as FAR, only the building shell and traditional floors,) Ordinance No. Series of2003, Page 3 r-. ",... Residential Off- 3 total N/A Street Parking Commercial Off- 96 spaces 3 along alley Street Parking Distance between 10 ft, 10 ft, Buildings on the lot. Section 5: Parkin!!: Spaces and Parkin!!: Gara!!:e Parking spaces within the parking garage shall be used for parking vehicles and not used for storage or other similar non-automobile related purposes. Three (3) total parking spaces shall be allocated to the two on-site affordable housing units, (One space for the one-bedroom unit and two spaces for the three-bedroom unit.) If the residential units are transferred separate from the remaining property interests, the parking space allocated to the residential unit shall be conveyed in fee as part of the ownership interest in the residential unit. A minimum of nineteen (19) spaces shall remain available to the general public for public parking. General public shall be persons with no ownership interest in the Project. These spaces may be individually transferred as long as they remain available to the general public, The remaining seventy-seven (77) parking spaces may be sold, transferred, or leased by the owners thereof on a daily or long-term basis. These parking spaces may be used to satisfy parking needs of future commercial expansions on- or off-site and may be sold or leased to third parties for use as remote residential parking, The parking garage and parking spaces shall be considered an approved commercial parking facility and an approved remote parking facility as such terms are used in the City's Land Use Code, Parking spaces may be physically reconfigured, with approval from the Community Development Director, to accommodate additional or fewer parking spaces such that a total change of no greater than five (5) parking spaces, from that depicted on the Final PUD Plans, occurs, Physical reconfigurations reducing parking by more than five (5) spaces shall require a PUD amendment. Conversion of parking spaces to non-parking uses shall require a PUD amendment. Section 6: Affordable Housin!!: Units The Project shall include one (I) one-bedroom Category One affordable housing unit and one (I) three-bedroom Category 3 affordable housing unit as described on the Final PUD Plans, The one-bedroom unit shall have one (I) associated parking space within the parking garage, The three-bedroom unit shall have two (2) associated parking spaces within the parking garage, Ordinance No, _' Series of2003, Page 4 The two affordable units shall be exempted from the Growth Management Quota System and counted towards the growth ceiling for affordable housing, The affordable housing units shall be either transferred as "for-sale units" to qualified purchasers according to the Aspen/Pitkin County Housing Authority (APCHA) Guidelines or, if the units are to be rented, a legal instrument permanently ensuring their affordable status acceptable to the City Attorney shall be provided, The City shall accept a nominal property interest (1/10 of 1 percent undivided interest) or other reasonable means of assurance. Residents of the affordable housing units shall meet the minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The rental structure of the affordable units shall not exceed a maximum rental rate of Category 2 for the one- bedroom unit and Category 3 for the three-bedroom unit as such rates are defined in the APCHA Guidelines, as amended from time to time, Rental tenants shall be qualified by APCHA. Section 7: Impact Fees Park Imvact Fees of $5,754 shall be assessed. Amendments to the Project shall include an adjustment to this impact fee according to the following schedule: Park Fees: lone-bedroom @ $2,120 per unit = I three-bedroom unit @ 3,634 per unit = $2,120 $3,634 $5,754 School Imvact Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be 2,961,700 based on information from the Pitkin County Assessor. This represents $10,750,870 per acre. One-third of this value divided by the proposed 2 units results in a $1,791,823 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Impact Fees are follows, payable at building permit issuance: 113 land Land Per unit Number value per Dedication Impact Fee of Units unit per standard acre (acres) One bedroom $1,791,823 ,0012 $2,150 I $2,150 Two Bedroom $1,791,823 ,0095 $17,022 0 0 Three Bedroom $1,791,823 ,0162 $29,028 I $29,028 Four Bedroom $1. 791.823 .0248 $44,437 0 0 Total: $31,178 Ordinance No, Series of 2003, Page 5 - ........ Amendments to the project shall include an adjustment to this impact fee according to the above schedule. Section 8: Landscape Plan The proposed landscape plan shall provide a number, type, and quality of plant material acceptable to the City Parks Department. Sufficient mitigation shall be provided, in a form acceptable to the City Parks Department, to offset the removal of existing trees on the site. The Landscape Plan sheet(s) of the Final PUD Plans shall include an acceptable tree replacement and mitigation plan with a signature line for approval by the City Parks Department. Tree removal mitigation shall be based on the valuation of existing trees to be removed. Tree Removal permits shall be obtained. New trees to be established within the Project shall be credited towards this valuation. The Parks Department recommends removal of the Spruce tree rather than relocation, The SubdivisionlPUD agreement shall include provisions guaranteeing the successful implementation of the landscape and ongoing maintenance, Section 9: Aspen Consolidated Sanitation District The building permit application shall comply wit all requirements of the Aspen Consolidated Sanitation District. Following are specific requirements applicable to this project: l. If a back -up generator is used, compliance with fuel tank requirements will be necessary. 2. Containment systems for glycol and hydraulic oils used for the car handling system are necessary. 3, ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. 4. If water is used to clean the garage, there will need to be floor drains. Floor drains will be connected to the sanitary sewer and will require an oil/sand separator. In case of a fire, the drains and oil/sand separator must be sized to accommodate fire flows. 5, The Project must adhere to the rules and regulations of the District and pay applicable fees. Section 10: Proiect Name The Project shall be renamed to avoid emergency service confusion, A new name shall be reflected on the SubdivisionlPUD plans and agreements. Section 11: Subdivision & Final pun Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision and a Final PUD Development Plan. Ordinance No, _, Series of2003, Page 6 - ,,,' The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and also shall include the following items: I, The final property boundaries and disposition of lands with appropriate property descriptions. 2, Easements and signature blocks for utility mains and transformers with signature blocks for utilities not provided by the City of Aspen. Easements for electric transformers, Transformers shall be located outside of the public right-of-way, An easement to access the mechanical equipment on the east side of the Hannah Dustin building may be necessary, 3. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: L An illustrative site plan with dimensioned building locations. Adequate snow storage areas shall be depicted. 2. A landscape plan showing location, amount, and species oflandscape improvements with an irrigation plan, 3, Design specifications for any improvements to public rights-of-way with profiles and drainage designs for any road/alley improvements. 4, An architectural character plan demonstrating the general architectural character of each building depicting materials, fenestration, projections, and dimensions and locations of elevator shaft heads, skylights, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. 5, A utility plan meeting the standards of the City Engineer and City utility agencies, The City Water Department prefers one fire tap and one domestic service tap. 6, A grading/drainage plan with any off-site improvements specified, Any off-site improvements done in coordination with the City Engineering Department and costs shall be prorated with other properties receiving such benefit. 7. An exterior lighting plan meeting the requirements of Section 26.575.150, On building facades other than the Hyman Avenue fayade, lighting shall be limited to that required by the building code. Section 12: Subdivision/PUn Al!:reement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shaH record a SubdivisionlPUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445,070, in addition to the following: Ordinance No,_, Series of 2003, Page 7 ~~ I, A methodology of determining actual employee generation of the Project after one complete year of operation and the manner of providing mitigation of any additional employee generation. The project is providing housing for 4,75 employees. According to the City's requirement of providing mitigation for 60% of the employees generated, this housing mitigates a total generation of 7.9 employees, Additional mitigation shall be required for any actual employee generation in excess of 7,9 employees. The methodology shall include an audit process and timeline, a method of selecting an auditor, the method of determining acceptable mitigation if additional employees are generated, and be acceptable to the Aspen/Pitkin County Housing Authority, 2, A traffic management plan describing construction hauling routes and methods to shuttle workers to the construction site. The City prefers the applicant use East Hyman Avenue to Original Street as the primary hauling route. 3, Geologic and soils report describing ground water issues and methods of construction to be used to avoid adversely affecting neighboring properties and rights-of-way, Water rights may need to be obtained if dewatering operations remove groundwater. 4, In addition to the financial securities for improvements required by Section 26.445.070, the applicant shall provide to the City of Aspen a letter of credit, cash to be held in a City account, or other financial security executable through the period of construction and acceptable to the City of Aspen, to recover the construction site to a safe condition, including but not limited to, filling-in excavated areas if construction is discontinued. The securities shall be specified in the SubdivisionIPUD agreement and payable upon building permit application, 5, An agreement to return the section of East Hyman Avenue to its intersection with Original Street, or other primary hauling route, to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary, Curb and gutter work may be necessary. A final two-inch overlay may be necessary, Section 13: Buildinl! Permit Requirements The building permit application shall include/depict: I, A letter from the primary contractor stating that the approving Ordinance has been read and understood. 2, A signed copy of the Ordinance granting final land use approval. 3, Payment for Parks and School impacts fees as specified herein, Financial securities as required in the Subdivision/PUD agreement. 4, A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, and the ability for the Environmental Health Department to request additional measures to prevent a Ordinance No, Series of2003, Page 8 ........... ~ nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts. 5. A construction noise suppression plan approved by the Environmental Health Department which includes the ability for the City to request additional measures to prevent a nuisance during construction, The applicant shall provide phone contact information for on-site project management to address construction impacts, 6, An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure, Street and alley closures shall be specified with provisions to maintain access to neighboring properties, Any street or alley closures shall require noticing emergency service providers, neighbors, the City Streets Department, the Transportation Department, City Parking Department, and the City Engineering Department (Estimated schedule to be distributed to above agencies.) 7, A construction management and parking plan meeting the specifications of the City Building Department The plan shall demonstrate continuous emergency access to the site and neighboring properties and requires payment for street parking used during construction, 8. Tree removal permits for any regulated trees to be removed. The Parks Department recommends the Spruce tree be removed rather than relocated. 9. Structure must meet the energy code for the commercial area (com-check) and for the residential area (res-check). 10, Adequate access to the mechanical room must be shown. II. The requirements of the efficient building program for the residential units shall be fulfiJled, 12. Disability access to the bathroom and the vehicle pickup area must be defined, 13, The plans shall include a fire sprinkler system that complies with NFP A-13 and NFPA-72, The plans shall include standpipes. 14, The building permit plans shaJl include an emergency access plan acceptable to the Fire Marshall and a ventilation plan acceptable to the Fire MarshalL 15. The building permit plans shall be reviewed by an independent consultant for compliance with applicable fire protection codes and regulations. The applicant shall coordinate this review and determination of an independent consultant with the Fire MarshalL Review fees may be assessed. Ordinance No, Series of 2003, Page 9 ,.-.. .". .<' Section 14: Construction I, No soil nails shall be used within public rights-of-way or utility easements, The City recommends soil hardening for these areas, 2. Building foundation footers shall not extend into the right-of-way, 3, Vehicles and material storage shall not block the alleyway, 4. Root barriers shall be installed around new trees to prevent future buckling of the sidewalk. 5. The design and construction of the Project shall take into consideration the concerns and requirements of noises exceeding the City's noise ordinance, including proper noise mitigation methods and adequate provision for necessary modifications of the building to meet the City's noise limitations. Section 15: Noise Ordinance Compliance The project shall comply with the City of Aspen noise ordinance, as amended from time to time, Prior to issuance of a Certificate of Occupancy, the Project shall be checked by the City's Environmental Health Department for compliance under a range of expected operating conditions. A Certificate of Occupancy shall not be issued if the Project exceeds the City's noise limitations, The Project shall not operate without a Certificate of Occupancy. Section 16: Queuinl!: Vehicles alonl!: Hvman Avenue The parking garage operator shall not permit or encourage patrons to vacate their cars until those cars are fully located on-site within the designated entry/exit parking bays. Queuing cars shall remain occupied. Section 17: Operations Plan and Annual Report The Project shall operate according to the approved Operations Plan, attached as Exhibit A. The Operations Plan may be amended from time to time according to the procedures for amending a Conditional Use, Chapter 26.425 of the Land Use Code, The Project operator shall submit to the City an annual operations report containing: . A profile of the past year's use of the parking spaces, including how many spaces were available to the public per day (a minimum of 19 spaces are required to be available to the public) and typical day and evening capacity rates during "on" seasons, "off' seasons, and during significant events. . A report on the scanning system or other system used to determine owner usage, . Typical peak hour and typical activity during peak hour, . Top 20 peak usage days and a report on what operating issues were associated with those days and how those issues were addressed. . A summary of any complaints received and how those complaints were addressed. The annual operations report shall be forwarded to the Planning and Zoning Commission as an information item (not for any specific action), As a result of the City reviewing the annual report, or at any other time, the City may request the operator and property owner Ordinance No._, Series of2003, Page 10 improve certain operational Issues to conform to the requirements of the approved Operations Plan, Interpretation matters or disagreements between City staff and the Project owner regarding the intent, wording, or enforcement of the Operations Plan shall be resolved by the Planning and Zoning Commission, The Project owner may appeal an adverse determination made by the Planning and Zoning Commission regarding the intent, wording, or enforcement of the Operations Plan to City Council, pursuant to the procedures of Chapter 26.316, Appeals, of the City Land Use Code. Section 18: Condominiumization Condominiumization of the Project (after redevelopment) to define and redefine separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. The Project developer shall have the right to condominiumize the affordable residential units under a separate condominium regime independent of other portions of the Project Section 19: Enforcement The City may enforce the provisions of this approval, including the provisions of the approved Operations Plan as may be amended from time to time, by appropriate means including, but not limited to, temporary or permanent revocation of the conditional use approvaL Section 20: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, or the Aspen 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. The approvals granted herein shall run with the land and all conditions and limitations of this approval shall apply to the property owner, or his successors or assigns, and any property management company or independent operations company acting on behalf of the property owner, Section 21: 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. Ordinance No, _, Series of 2003, Page 11 Section 22: 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 23: 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 24: A public hearing on the Ordinance shall be held on the 8th day of December, 2003, at 5:00 p,m, 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 10th day of November, 2003. Attest: Kathryn S. Koch, City Clerk Helen K. Klanderud, Mayor FINALLY, adopted, passed and approved this _ day of ,2003. Attest: Kathryn S. Koch, City Clerk Helen K. K1anderud, Mayor Approved as to form: City Attorney Attachment A - Operational Prospectus C:\homeICurrent PlanninglCASESIPark _PlaceIOrdinance,doc Ordinance No. , Series of2003, Page 12 ,...-' Operations Prospectus.....oI Page I Exhibit A to urd1nance No. _, Series of 2003. Operations Prospectus Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible, Part-time residents and locals living on the outskirts of town or in more rural regions need to have available parking for many of their day-to-day needs, Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently full during the mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their spaces on and offthe rental pool with little notice. The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking, There is every expectation that they will gain in value, since they will earn income. This income may increase over time with parking fee increases and increased demand. The following information is intended to establish an operations plan and assist in reviewing the operational characteristics, as well as the community value, inherent in providing this facility, Components of the Facility The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc, Subject to an audit, the employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility, Use of Spaces Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time, During periods of vacancy by owners, a plan will be implemented towards income production for each owneL Operations Prospectus Page 2 Exhibit A to O'rdl'nance No. _, Series of2003. This will be addressed in the owner's covenants, but in order to have as many spaces serve the public as possible, an owner will generally be required to lease the space when not using the facility. The implementation of this plan will involve a computerized inventory system, Under this system, the owner's vehicle will be scanned with a bar code in order to maintain location of inventory for arrival and departure. If an owner's vehicle has not been scanned in for 3 calendar days, their space will automically be entered into the public parking pooL Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrivaL However, the requirement is placed on the owner to reserve their use and the system makes it available all other times, It is also important to note that the management shall retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking availability. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will only be a daily rate for parking. During the shoulder seasons, the plan is to sell discounted single-day parking in order to encourage persons to park and leave their vehicles all day, i.e., come in the morning and leave it till the end of the day for one price so long as they exit only once. Longer rentals to non-owners, such as weekly and monthly rentals, will not be permitted, Such rentals would interfere with the daily parking function, and potentially obstruct availability of spaces for owners. Hours of operation should be sufficient to service all guests/owners, However, when demand is not sufficient to staff the facility, it will be closed. By observing activities on the streets, management anticipates closing between the hours of 10:00 p.m. and 7:00 a.m. Hours may be more limited during lower season times but should never extend past these hours of operation during high season, unless reviewed by the City to accommodate some special need. Special longer hours may be established for event parking in conjunction with City parking and traffic management activities. Examples of these special events would be New Year's Eve and Fourth of July fireworks. Owners and users will be required to anticipate closures in order to use their vehicles, Parkin!!: Tvues The different types of parking available to the public should include the following: Daily. Daily rates for parking will be the basic method of usage, Examples of this include day skier parking, day business parking, and night dining/shopping parking. Nineteen of the 99 total spaces shall be available at all times for daily parking, Other spaces shall also be available when not in use by their owners. · Off-season. During times of low and off seasons, the intent of management is to offer an opportunity to purchase a discounted one-time park for the day, It will mirror downtown rates for leaving a car on the street all day and allow one entry ,"' Operations Prospectus""" Page 3 Exhibit A to ~nance No. . Series of 2003. and exit for a fixed price of up to II hours or from 7:00 am till 6:00 pm. This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core, . Longer-term. Owners and non-owners may occupy up to 80 of the 99 spaces overnight or for extended periods as needed, However, this longer-term parking may not be held empty for extended periods of time and shall be available for public day perking when not actually in use by owners. Owners Association As soon as a specific number of spaces are sold, there will be an Owners' Association created for owners who will pay a quarterly fee for building maintenance and other necessary expenses, It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces, finding the return on investment to be competitive or exceeding current yields on other investments, Manal!:ement of buildinl!: bv the development l!:roup At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business, It is expected that fees in the range of 25% of income would be appropriate, Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project The vast majority of the costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated, With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group, Replacement of the development l!:roup It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility, Subsequent owners of the management group would ~"......., Operations Prospectus' , Page 4 Exhibit A to O~dU;ance No. , Series of200J. assume any land use conditions imposed relative to the operation of the facility or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit. Potential Investors and Users For any investor who may be interested in spaces purely from the prospective ofreturn on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually. First, there will be a percentage of the spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. Finally, there will be the investorlbuyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion, Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will collect 1/3 ofthe expected annual revenues and the full time renters will earn 2/3 of the annual revenues. Amendment of Operations Plan The Operations Plan defined in this prospectus may be amended through the City of Aspen Land Use Code conditional use amendment process. , ~ REVIEW CRITERIA - PARK PLACE Planned Unit Develooment (PUD) Review Criteria & Staff Findings Section 26.445.050, Review Standards: Final PUD Section 26.445.050 of the Regulations provides that development applications for Final PUD must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposal is consistent with many objectives of the Aspen Area Community Plan, The 2000 AACP endorsed the following transportation policies and goals that have applicability to this project: . Limit traffic on Highway 82 into Aspen to 1993 levels. . Reduce internal flow of traffic within Aspen. . Hold the supply of public parking within the Aspen Community Growth Boundary to 1998 levels, with the exception of affordable housing parking, . Reduce automobile congestion in the downtown core, particularly in the evening and on weekends so as to foster economic sustainability. . Manage the supply of parking to limit adverse impacts of automobile use and to conserve land in the Aspen area. . Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use, The Economic Sustainability Report (a follow-up to the AACP) recommended the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private and interagency partnerships for certain projects and moving forward on other that have already been approved. These include: 1) The Entrance to Aspen as approved in the CDOT Record of Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect for the four ski areas." Recent projects and planning efforts also affect this discussion, The Rio Grande Parking Garage was originally planned for an additional level below grade. This unbuilt level would have accommodated and additional 80 cars. The Independence Place Plaza project ("Superblock") was planned in this general area as an outgrowth of the 1986 parking study referenced in the application. 228 parking spaces were contemplated for the IPP project. Park Place Review Criteria Page I ,r""'" '...."'" The "hold public parking" statement in the AACP seems to not support this (or any) additional parking, At the same time the "reduce congestion," "transportation management," "add more parking," and recent planning activities seem to support this concept of additional public parking, Staff believes parking, especially public parking, is an infrastructure necessary to the downtown shopping district. Staff does believe the parking garage proposal complies with the Aspen Area Community Plan, The Applicant has appropriately proposed to develop affordable housing well within the Urban Growth Boundary and in close proximity to the Commercial Core of the City as is consistent with the housing policies that are set forth in the AACP, In addition, the Interim Aspen Area Citizen Housing Plan states that citizen housing should be provided within the metro area and in close proximity to public mass transit as the proposed development is, Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The immediate vicinity is comprised of commercial, mixed use, and multi-family residential buildings, The proposed parking garage will support these uses and the uses of the immediately adjacent downtown core, Staff finds this proposal consistent with the character of the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed development would adversely affect the future development of the surrounding area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The Applicant has concurrently applied for a commercial GMQS allotment to construct the proposed commercial square footage, This request cannot be reviewed until after the application deadline of September 15th This will occur prior to or as a condition of final PUD approvaL Additionally, the Applicant has requested a GMQS exemption to construct the affordable housing units proposed within the development. Staff believes this criterion is being met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD ...The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional Park Place Review Criteria Page 2 ....."'''"' '.."" " .." requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes that the proposed height is appropriate given the heights of the surrounding structures. The parking garage facility is proposed at a height of thirty-five (35) feet to the top of the flat roof. The existing buildings that surround the site of the parking garage are built to a height of between thirty (30) and thirty-five (35) feet tall. Therefore, staff believes that the proposed height is compatible with the surrounding buildings. Additionally, the proposed FAR of 1.29: I is compatible with the neighboring buildings in that both the neighboring Benedict Commons Building and the Aspen Athletic Club Building that exists across the street contain greater than a I: I FAR, with the Aspen Athletic Club Building containing a I: 1.82 FAR, 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes that the proposed dimensional requirements for the parking facility structure are compatible with the surrounding properties. Several of the surrounding structures are built to a height similar to that of the thirty-five (35) feet proposed for the parking facility. Additionally, the PUD that would consist of both the existing Hannah- Dustin Building and the proposed commercial parking facility would provide a quantity of open space equal to that of the neighboring Benedict Commons PUD, 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) 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. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Park Place Review Criteria Page 3 Staff Finding The Applicant has proposed to incorporate the required parking spaces for the affordable housing units within the parking facility. Therefore, staff has proposed a condition of approval that requires the Applicant to designate three (3) of the parking spaces within the parking facility for the affordable housing units, 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The infrastructure capabilities are sufficient to accommodate this proposal. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding No natural hazards or other conditions exist that would dictate such a reduction III allowable density. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified Park Place Review Criteria Page 4 - ...... ",-J in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding Staff believes the proposed density is appropriate for the site and for the character of the immediate vicinity. Sufficient transportation infrastructure is a community goal expressed in the AACP and is necessary for continued economic health of the downtown, None of the physical characteristics of the site limit the allowable density (criteria 4&5) and the proposed density of compatible with the surrounding development pattern, B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding No such characteristics of the site exist such that a change in the site plan would be necessary. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding No significant open space or vistas exist that would dictate a change in the proposed site plan, 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The sidewalk improvements are needed in the area and positively contribute to the urban context in which this site is located, 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Proper emergency access will be maintained with this proposaL 5. Adequate pedestrian and handicapped access is provided. Park Place Review Criteria Page 5 ~ ". \",.j Staff Finding This criterion has been met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact su"oundmgpropertie~ Staff Finding The City Engineer and the applicant have reviewed drainage requirements and believe this criterion is satisfied. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding No programmatic needs of the uses direct the design of spaces between the buildings, C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with thefollowing: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding The proposed landscape improvements will significantly improve this site, The existing surface parking along Hyman Avenue detracts from the streetscape and provides no pedestrian accommodation. The proposal will amend this situation and complete a needed link in the pedestrian network, 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding No predominant site features or landscape features exist that would require preservation through the construction phase. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is Park Place Review Criteria Page 6 / based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The architectural character of this proposal is adequate for the proposed use and for the immediate vicinity, The residential uses along Hyman Avenue provide some relief and architectural interest to the building. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The proposed mechanical system provides an extremely efficient method of car storage, The system requires no internal ramping and no mechanical exhaust/venting. Staff believes the proposal, even considering the mechanics of the system, will require less energy and less land area than a conventional ramped and mechanically vented garage. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The flat roofs essentially mitigate this concern. Some maintenance along the north side of the garage will be necessary, but within reason, E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Park Place Review Criteria Page 7 "' Staff Finding The applicant has indicated full compliance with the City's lighting code will be achieved. F. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding No such common space has been proposed, G. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with thefollowing: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The applicant will be required to provide service upgrades as necessary, An electrical transformer may be necessary. No City utility agencies have requested oversizing. Park Place Review Criteria Page 8 r, "" H. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Proper access is maintained to all lots and structures with this proposal. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Staff does not foresee this proposal creating undue congestion on the existing road network. The number of expected trips is not expected to necessitate infrastructure improvements, The ability to stage up to 4 cars should alleviate queuing issues within Hyman Avenue, Staff has included a condition requiring the operator to not allow cars to be left unattended within the right-of-way. No traillbike path recommendations of the AACP or historic use patterns affect this site. This entryway has been properly designed, Staff believes these criteria have been met 1. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of Park Place Review Criteria Page 9 j the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2, The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in- lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding No phasing has been proposed, Subdivision REVIEW CRITERIA & STAFF FINDINGS Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding See comments under PUD Section. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding Staff finds this application in compliance with applicable regulations of the City, considering the proposed conditions of approval. B. Suitability of Land for Subdivision Park Place Review Criteria Page 10 .'...., "'." , a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding The land is suitable for subdivision. No natural hazards exist that affect the division of this land. The proposed subdivision provides an efficient use of land with no unnecessary public costs, C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The Applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented to install the required subdivision improvements that are applicable to this proposal as is detailed in the application. Staff finds this criterion to be met D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The new dwelling units are affordable according to the City's regulations and IS In compliance with the Citys growth management regulations, E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Park Place Review Criteria Page II Staff Finding School Impact Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be 2,961,700 based on information from the Pitkin County Assessor. This represents $10,750,870 per acre, One-third of this value divided by the proposed 2 units results in a $1,791,823 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted, School Impact Fees are as follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Impact Fee of Units unit per standard acre (acres) One bedroom $1,791,823 ,0012 $2,150 I $2,150 Two Bedroom $1,791,823 ,0095 $17,022 0 0 Three $1,791,823 ,0162 $29,028 I $29,028 Bedroom Four Bedroom $1,791,823 ,0248 $44,437 0 0 Total: $31,178 Amendments to the project shall include an adjustment to this impact fee according to the above schedule, F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001,92) Staff Finding The City cannot review the GMQS application until the September 15,2003, application deadline has passed, This is to ensure all applications for the year's allotment are reviewed and scored concurrently. The subdivision review is subject to successful GMQS review and the entitlement cannot be perfected without growth management allotments, Conditions of approval have been included to address this issue and staff believes the criterion has been met Conditional Use 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the appropriate review board shall consider whether all ofthe following standards are met, as applicable, Park Place Review Criteria Page 12 1. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding See comments under PUD Section. 2. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposedfor development; and Staff Finding The proposal is expected to compliment uses and activities within the downtown vicinity. The proposed use and operating characteristics are compatible with the development pattern and character of the immediate surrounding uses. 3. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding Staff expects off-site impacts will be minimal. The proposal is not expected to generate noise, trash, odors, vibrations, or have service deliveries that would be unexpected in this mixed-use area. Traffic and pedestrian circulation are improved with the proposal. Visually, the parking garage use has been masked with residential development along the Hyman Avenue fa9ade and will have appropriately-designed parking entrances along the street. Staff believes this design is sensitive to the surrounding properties and more than adequately minimizes the affects of the parking garage use. 4. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Sufficient infrastructure exists to accommodate the use. 5. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Staff Finding The applicant is providing employee housing to accommodate the use. The Aspen/Pitkin County Housing Authority has reviewed the proposal with their Board and has found the application providing employee housing in excess of the City's Park Place Review Criteria Page 13 requirements. An audit condition has been included to ensure adequate housing is provided in the case where current employee projections are exceeded. Rezoning Note: Requiredfor PUD Overlay. No change to underlying Office Zone is proposed. Section 26.310.040, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions ofthis title. Staff Finding; The proposed PUD Overlay is consistent with the Land Use Code and does not represent any potential conflicts. The parking garage concept is unique and the PUD review process allows a broader discussion on the merits of such a proposal. The PUD Overlay also allows for the parcel to be split and the existing Hannah Dustin building to remain unaltered. Staff believes the PUD Overlay is appropriate and desired and is recommending approval. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Please refer to comments related to the AACP under the PUD section. In summary, staff believes this application is in compliance with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: No change to the underlying zoning is being proposed, only a PUD overlay. The Overlay provides for a greater discussion and involvement of neighboring property owners as to the compatibility of the proposed development. Staff believes the proposal meets this standard. D. . The effect of the proposed amendment on traffic generation and road safety. Staff Finding; The PUD Overlay will not be increasing the allowable density of the parcel as the Office Zone District provides for the density being contemplated. A parking garage is a conditional use in this zone district and effects of traffic generation and safety are being addressed through the conditional use review and the PUD review. 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 facilities, including, but not limited to, transportation facilities, sewage Park Place Review Criteria Page 14 facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding; The utility and infrastructure needs for the project have been addressed in the PUD application. Because of the location of the development and existing capacities, no significant up-grades are required to accommodate this development. Improved electrical service will be required and the upgrades will be paid for by the applicant and are not expected to be borne by the general public. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff believes the proposed zoning overlay and the proposed development do not represent adverse impacts upon the natural environment. Sufficient criteria to evaluate potential impacts on the natural environment are included as PUD criteria and the overlay actually ensures the community a greater degree of scrutiny. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The overlay requires a greater degree of review than would otherwise be required and compatibility issues regarding proposed heights, FAR, and the proposed parking garage use can be more thoroughly evaluated with the PUD overlay. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding: There has been a philosophical discussion in the past several years with respect to growth, affordable housing, preservation of rural lands, and the advantages of density within compact communities. Generally the current concept encourages higher densities within traditional town sites and preservation open and rural lands between city centers. This shift in philosophy can be seen in the Interim Citizen Housing Plan, the 2000 AACP, and in the reports and discussion of the Infill Program. This shift requires new thinking in relation to housing the automobile and private sector involvement in serving a strengthened market for convenient parking. At the same time, significant anxiety exists concerning increased building mass and intensity of land uses. Staff believes these conditions supports this overlay as it requires a more rigorous review and balancing of these 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 title. Park Place Review Criteria Page 15 Staff Finding: The additional review and involvement ofthe neighborhood is in the public interest. The overlay does not grant the applicant any additional development rights or reliance. Staff believes this standard is met. Residential Design Standards This application fails to meet several of the Residential Design Standards. The practicability of applying these standards to such as development is difficult and staff believes the proposed development creates constraints and conditions not favorable to reaching compliance with all the standards. The following standards are not being adequately addressed: Secondary Mass - Requires a portion of the FAR be detached from the mam building. - Requires a porch be developed on the front fa9ade. - Requires 20% of the front fa9ade to be one story in height. Porch One Story Element Staff believes that compliance with these standards would detract from the project and that the combination of uses within the project dictates the architecture of the building. Staff believes the proposed architecture is appropriate and adequately provides a residential aesthetic on Hyman Avenue fa9ade on the upper levels of the building. Staff recommends the residential design standards be waived for this project and the architecture of the building be guided by the PUD standards. GMQS Exemption for AH Section 26.470.070(J), Affordable Housing GMQS Exemption Section 26.470.070(1) of the Regulations provides that, "All affordable housing deed restricted in accordance with the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. The section goes on to state that, The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Staff Finding The Applicant is proposing a total of two (2) affordable housing units that are to be deed restricted as a Category I-one bedroom rental unit and a Category 3- three bedroom Park Place Review Criteria Page 16 rental units. Staff feels that there certainly still is a need for the development of affordable housing in that we are still under the projected need of 800 to 1300 additional affordable housing units that is set forth in the 2000 Aspen Area Community Plan's Housing Policies. Staff believes the proposed site is located in an appropriate location for the development of affordable housing in close proximity to the commercial core and well within the Urban Growth Boundary as is mandated by the AACP. Additionally, the Housing Authority has reviewed the proposal and has indicated that units are consistent with the requirements of the affordable housing guidelines with respect to the Size, layouts, and Categories proposed. Staff has included a condition requiring the developer to provide sufficient assurance to the City that these rental units will remain affordable considering the State Supreme Court's ruling in the Telluride affordable housing case. This has been accomplished in the past with other developments proposing rental affordable housing and is expected to be satisfied in this instance. Staff finds this criterion to be met. Park Place Review Criteria Page 17 ttA. MEMORANDUM TO: Planning and Zoning Commission THRU: Joyce Allgaier, Community Development Deputy Director Chris Bendon, Senior Long Range Planner~ "Park Place" (707 E. Hyman Avenue) - Continued Public Hearing / Consolidated ConceptuallFinal PUD, Subdivision, Rezoning," Conditional Use, GMQS Exemption FROM: RE: DATE: October 26, 2003 PROJECT: "PARKPU.a;"COMMERCIAL'PARKINGGARAGE -:-.... ..... . REQUEST: Approvals to subdivide the parcel and construct a 99 space Commercial Parking Facility with two (2) affordable housing units on the eastern parcel currently developed with an "A- Frame" structure. ZONING: Office (0) Zone District LAND USE ACTIONS: Consolidated Conceptual/Final PUD, Conditional Use, Subdivision, Rezoning to include a PUD Overlay, and GMQS Exemption for Affordable Housing. (A GMQS scoring application for Commercial Development will be submitted upon the September 15 deadline and is not part of this review.) STAFF Approval with Conditions RECOMMENDATION: SUMMARY: Al the previous P&Z hearing (October 7th), the Commission directed staff to prepare a revised Resolution incorporating a series of proposed changes to the conditions of approval. Attached is a revised Resolution. Below is a brief summary of the changes and how the Operations Prospectus relates to the Resolution. Staff is recommending approval, subject to conditions outlined in proposed P&Z Resolution No. L9., Series of 2003. RESOLUTION AMENDMENTS: Construction Practice & Noise: A provision to Section 14, Construction, was added to make sure the project developer is aware of the noise check provision, which was added as Section 15. This second section requires a review of the completed, operational project before issuance of a Certificate of Occupancy under a range of expected operating conditions, as discussed in previous hearings. .'0",.... Park Place Page 1 /".... -. Operational Plan & Annual Report: A Section was added tying the City's approval to an Operation Plan. Section 17 references the Operations Plan, which will be attached to the Resolution as an exhibit. The section provides a process for amending the Plan (Conditional Use Amendment), requirements for an annual report on the project, and a process for P&Z to resolve interpretations/disagreements on the Operational Plan. No changes were made to the employee audit requirement, Section 12, item I. - Hours of Operation: This issue was handled by amending the Operational Plan. A closing time of 10 p.m. was used. Page 2 of the Operational Prospectus. Hourly Parking Limitation: The revised Operation Prospectus no longer provides hourly parking, only daily rates. Page 2 & 3 of the Operational Prospectus. Conditions run with the Property and apply to the Operator: Additional language was added to Section 20 making clear that the conditions of approval also apply to subsequent owners and operators. Additional language has also been included in the Operational Prospectus, page 4. Fire Code Compliance: Specific Fore Code citations were included in Section 13 - Building Permit Requirements. Items 13, 14, and 15 cover these requirements. 19 Spaces for Public Use: Section 5 includes additional language regarding a minimum of 19 spaces for public use. The section defines "general public" as personal not having an ownership interest in the Project. Page 2 of the Operational Prospectus also includes ~ - Enforcement: TIle language related to the temporary or permanent revocation of the Conditional Use approval was isolated in a new Section 19 - Enforcement. RECOMMENDED MOTION: "I move to approve Resolution No. _, Series of 2003, recommending that City Council approve the Park Place Consolidated Conceptual/Final PUD, Subdivision, GMQS exemption, and Conditional Use for a commercial parking structure." ATTACHMENT: Proposed Resolution with attached Operational Prospectus (revised 10.21.03) Strike/bold version of Operational Prospectus revisions. REFERENCE: August 19,2003, Staff Memorandum with Exhibits A, B, & c. Park Place Page 2 RESOLUTION NO. -13. (SERIES OF 2003) '..,i;.."" A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT (PUD) REVIEW, CONDITIONAL USE REVIEW, RESIDENTIAL DESIGN STANDARDS WAIVERS, SUBDIVISION REVIEW, REZONING TO INCLUDE A PUD OVERLAY, AND GROWTH MANAGEMENT EXEMPTION REVIEW FOR AFFORDABLE HOUSING FOR A COMMERCIAL PARKING FACILITY AND OFFICE BillLDING LOCATED ON LOTS A, B, C, AND D, BLOCK 105, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application (the Project) from Hyman Avenue Holdings, LLC, John Cooper Managing Partner, owner and applicant, represented by Stan Clauson Associates, LLC, for combined Conceptual and Final Planned Unit Development (PUD) approval, Rezoning for a PUD Overlay, Subdivision approval, Conditional Use approval, Residential Design Standards waivers, and Growth Management Exemption approval for affordable housing for a proposed commercial parking facility housing ninety-nine cars, two affordable housing units, and an accessory parking attendant office, and an existing office building; and, WHEREAS, the parcel of land is described as Lot A, B, C, and D, Block 105, City and Towntsite of Aspen, Pitkin County, Colorado, also described as the Hannah- Dustin Condominiums according to the plat thereof recorded in Plat Book 17 at Page 78 Pitkin County Clerk and Recorder, and is currently developed with an "A-Frame" structure, 707 East Hyman Avenue, generally located on Lots C and D, and the "Hannah- Dustin" building, 300 So. Spring Street, generally located on Lots A and B. Both are currently office buildings. Minimal changes are proposed for the Hannah Dustin Building and site. The commercial parking facility is proposed to replace the A-Frame; and, WHEREAS, pursuant to Sections 26.304, 26.310, 26.410, 26.425, 26.445, 26.480, and 26.710 of the Land Use Code, land use applications requesting land use review for Rezoning for Planned Unit Development Overlay designation, Conditional Use, Planned Unit Development Conceptual and Final plan adoption, Residential Design Standards waivers, and Subdivision approval, may be approved, approved with conditions, or denied by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, fue Planning and Zoning Commission made at a duly noticed public hearing, the appropriate referral agencies, and members of the general public; and, WHEREAS, pursuant to Section 26.304.060(B)(I) and for the purpose of providing clarity and reducing duplication the Community Development Director, in consultation with the applicant, has modified the Conditional Use Review and Residential - P&Z Resolution No.l'l Series of2003. Page] 'I f", '" (") Design Standards variance procedures for this project such that the Planning and Zoning Commission, at a public hearing, shall make a recommendation to City Council and City Council, at a public hearing, shall be the final decision-making body; and, WHEREAS, pursuant to Section 26.445.020 and notwithstanding the parcel being less than 27,000 square feet in size the Community Development Director has allowed this project to be reviewed according to the City's Planned Unit Development process considering that fuis project may have the ability to further goals of the Aspen Area Community Plan and that fue procedures and review standards of fue City's Planned Unit Development process best serve the interests of the community in reviewing the proj ect; and, WHEREAS, pursuant to Section 26.445.030(B)(2) the Community Development Director has permitted the consolidation of Conceptual and Final Planned Unit Development review considering the limited extent of issue involved; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Parking Department, the City Transportation Department, the City Zoning Officer, City Parks Department, the Aspen Building Department, the Environmental Health Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, ....... -- WHEREAS, during a duly noticed public hearing on August 19,2003, continued to September 2, 2003, October 7,2003, and October 21,2003, the Planning and Zoning Commission considered the noted recommendations and comments from the general public and recommended, by a _to _ L--.:l vote, the City Council grant approval for the Rezoning for PUD Overlay designation, Conceptual and Final PUD Development Plan approval, Conditional Use approval, Subdivision approval, and growth management exemption approval for affordable housing for the proposed commercial parking facility and existing office building, subject to conditions of approval listed herein. ......., - NOW, THEREFORE BE IT RESOLVED by the Commission that City Council should approve the Park Place commercial parking facility and office building project, as proposed in the land use application, with fue following conditions of approval: Section 1: Rezoning The Official Zone District Map of the City of Aspen shall be, upon filing of the Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect the following property as designated with a Planned Unit Development Overlay zoning designation. No change to the underlying "Office" designation shall occur. Lots A, B, C, and D, Block 105, City and Townsite of Aspen, Pitkin County, Colorado. - P&Z Resolulion No. 1\ Series of 2003. Page 2 fi"'-' ..-....... Section 2: Growth Management Approval Contingencv The Subdivision and Planned Unit Development approvals granted by the City shall not be considered valid until the project obtains all growth management allotments and approvals. The City shall not accept or approve final Subdivision/PUD plats, plans, and agreements unless all growth management allotments have been awarded by the City of Aspen. Section 3: Residential Design Standards The project, as depicted in the Final PUD Plans, shall be exempt from the City's Residential Design Standards. Section 4: Approved Proiect Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: Dimension: Parking Garage Lot: Hannah Dustin Lot: Minimum Lot Size 6,000 sf. 6,000 sf. Minimum Lot Width 60 ft. 60 ft. Front Yard Setback 6.5 ft. O-IOft. (as shown on final PUD Plan) (west = primary) 6.5 ft. (north = secondary) Side Yard Setback 3 ft. (west) o (east) 5 ft. (east) Rear Yard Setback Oft. 10 ft Maximum Height 35 ft. 28 ft. Percent of Open No Requirement No Requirement Space Allowable FAR 1.29: I (The parking Same as Office zone requirement "shelves" shall not be counted as FAR, only fue building shell and traditional floors.) . Residential Off- 3 total N/A Street Parking Commercial Off- 96 spaces 3 along alley Street Parking Distance between 10 ft. 10 ft. Buildinlls on the lot. ~""'" - P&Z Resolution No. 1.'1 Series of 2003. Page 3 'I r' ....... Section 5: Parking Spaces and Parking Garage Parking spaces within the parking garage shall be used for parking vehicles and not used for storage or other similar non-automobile related purposes. .~ - Three (3) total parking spaces shall be allocated to the two on-site affordable housing units. (One space for the one-bedroom unit and two spaces for the wee-bedroom unit.) If the residential units are transferred separate from the remaining property interests, the parking space allocated to the residential unit shall be conveyed in fee as part of the ownership interest in the residential unit. A minimum of nineteen (19) spaces shall remain available to the general public for public parking. General public shall be persons with no ownership interest in fue Project. These spaces may be individually transferred as long as they remain available to the general public. The remaining seventy-seven (77) parking spaces may be sold, transferred, or leased by fue owners thereof on a daily or long-term basis. These parking spaces may be used to satisfy parking needs of future commercial expansions on- or off-site and may be sold or leased to third parties for use as remote residential parking. The parking garage and parking spaces shall be considered an approved commercial parking facility and an approved remote parking facility as such terms are used in the City's Land Use Code. Parking spaces may be physically reconfigured, with approval from the Community Development Director, to accommodate additional or fewer parking spaces such that a total change of no greater than five (5) parking spaces, from that depicted on the Final PUD Plans, occurs. Physical reconfigurations reducing parking by more than five (5) spaces shall require a PUD amendment. Conversion of parking spaces to non-parking uses shall require a PUD amendment. ~ -' Section 6: Affordable Housing Units The Project shall include one (I) one-bedroom Category One affordable housing unit and one (I) three-bedroom Category 3 affordable housing unit as described on the Final PUD Plans. The one-bedroom unit shall have one (I) associated parking space within fue parking garage. The three-bedroom unit shall have two (2) associated parking spaces within the parking garage. The two affordable units shall be exempted from the Growth Management Quota System and counted towards the growth ceiling for affordable housing. The affordable housing units shall be either transferred as "for-sale units" to qualified purchasers according to the Aspen/Pitkin County Housing Authority (APCHA) Guidelines or, if the units are to be rented, a legal instrument permanently ensuring their affordable status acceptable to the City Attorney shall be provided. The City shall accept ,.~._,,~., P&Z Resolution No. ~ Series of2003. Page 4 ,"-", ~ a nominal property interest (l1l0 of 1 percent undivided interest) or other reasonable means of assurance. ""'_0"'" Residents of the affordable housing units shall meet fue minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The rental structure of the affordable units shall not exceed a maximum rental rate of Category 2 for the one- bedroom unit and Category 3 for the three-bedroom unit as such rates are defined in the APCHA Guidelines, as amended from time to time. Rental tenants shall be qualified by APCHA. Section 7: Impact Fees Park 1mvact Fees of $5,754 shall be assessed. Amendments to the Project shall include an adjustment to this impact fee according to the following schedule: Park Fees: lone-bedroom @ $2,120 per unit = I three-bedroom unit @ 3,634 per unit = $2,120 $3,634 $5,754 School Imvact Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying fue Project to be 2,961,700 based on information from fue Pitkin County Assessor. This represents $10,750,870 per acre. One-third of this value divided by the proposed 2 units results in a $1,791,823 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Impact Fees are follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Impact Fee of Units unit per standard acre (acres) One bedroom $1,791,823 .0012 $2,150 I $2,150 Two Bedroom $1,791,823 .0095 $17,022 0 0 Three Bedroom $1,791,823 .0162 $29,028 1 $29,028 Four Bedroom $1,791,823 .0248 $44,437 0 0 Total: $31,178 Amendments to the project shall include an adjustment to fuis impact fee according to the above schedule. --- - P&Z Resolution No. Jj Series of 2003. Page 5 c ,.-.. Section 8: Landscape Plan The proposed landscape plan shall provide a number, type, and quality of plant material acceptable to the City Parks Department. Sufficient mitigation shall be provided, in a form acceptable to fue City Parks Department, to offset the removal of existing trees on the site. The Landscape Plan sheet(s) of the Final PUD Plans shall include an acceptable tree replacement and mitigation plan with a signature line for approval by the City Parks Department. "'" ....-"" Tree removal mitigation shall be based on the valuation of existing trees to be removed. Tree Removal permits shall be obtained. New trees to be established within fue Project shall be credited towards this valuation. The Parks Department recommends removal of fue Spruce tree rather fuan relocation. The Subdivision/PUD agreement shall include provisions guaranteeing the successful implementation of the landscape and ongoing maintenance. Section 9: Aspen Consolidated Sanitation District The building permit application shall comply wit all requirements of the Aspen Consolidated Sanitation District. Following are specific requirements applicable to this project: I. If a back-up generator is used, compliance with fuel tank requirements will be necessary. 2. Contaimnent systems for glycol and hydraulic oils used for the car handling system are necessary. 3. ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. 4. If water is used to clean the garage, there will need to be floor drains. Floor drains will be connected to the sanitary sewer and will require an oil/sand separator. In case of a fire, the drains and oil/sand separator must be sized to accommodate fire flows. 5. The Project must adhere to the rules and regulations of the District and pay applicable fees. ~ Section 10: Proiect Name The Project shall be renamed to avoid emergency service confusion. A new name shall be reflected on the Subdivision/PUD plans and agreements. Section 11: Subdivision & Final PUD Plans Wifuin 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision and a Final PUD Development Plan. -, P&Z Resolution No. L1 Series of 2003. Page 6 .y' The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and also shall include the following items: I. The final property boundaries and disposition of lands wifu appropriate property descriptions. 2. Easements and signature blocks for utility mains and transformers with signature blocks for utilities not provided by the City of Aspen. Easements for electric transformers. Transformers shall be located outside of the public right-of-way. An easement to access the mechanical equipment on the east side of the Hannah Dustin building may be necessary. 3. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised parcel boundaries to fue Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: I. An illustrative site plan with dimensioned building locations. Adequate snow storage areas shall be depicted. 2. A landscape plan showing location, amount, and species of landscape improvements with an irrigation plan. 3. Design specifications for any improvements to public rights-of-way with profiles and drainage designs for any road/alley improvements. 4. An architectural character plan demonstrating the general architectural character of each building depicting materials, fenestration, projections, and dimensions and locations of elevator shaft heads, skylights, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. 5. A utility plan meeting fue standards of the City Engineer and City utility agencies. The City Water Department prefers one fire tap and one domestic service tap. 6. A grading/drainage plan with any off-site improvements specified. Any off-site improvements done in coordination with the City Engineering Department and costs shall be prorated with ofuer properties receiving such benefit. 7. An exterior lighting plan meeting fue requirements of Section 26.575.150. On building facades ofuer than the Hyman Avenue fa9ade, lighting shall be limited to that required by the building code. Section 12: SubdivisionlPUD Al!:reement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: P&Z Resolution No. B Series of 2003. Page 7 Lj_ "'"" --. I. A methodology of determining actual employee generation of the Project after one complete year of operation and the manner of providing mitigation of any additional employee generation. TIle project is providing housing for 4.75 employees. According to the City's requirement of providing mitigation for 60% of fue employees generated, this housing mitigates a total generation of 7.9 employees. Additional mitigation shall be required for any actual employee generation in excess of 7.9 employees. The methodology shall include an audit process and timeline, a method of selecting an auditor, the method of determining acceptable mitigation if additional employees are generated, and be acceptable to the Aspen/Pitkin County Housing Authority. 2. A traffic management plan describing construction hauling routes and methods to shuttle workers to the construction site. The City prefers the applicant use East Hyman Avenue to Original Street as the primary hauling route. 3. Geologic and soils report describing ground water issues and methods of construction to be used to avoid adversely affecting neighboring properties and rights-of-way. Water rights may need to be obtained if dewatering operations remove groundwater. 4. In addition to the financial securities for improvements required by Section 26.445.070, tlle applicant shall provide to the City of Aspen a letter of credit, cash to be held in a City account, or other financial security executable through the period of construction and acceptable to the City of Aspen, to recover the construction site to a safe condition, including but not limited to, filling-in excavated areas if construction is discontinued. The securities shall be specified in fue Subdivision/PUD agreement and payable upon building permit application. 5. An agreement to return the section of East Hyman Avenue to its intersection with Original Street, or other primary hauling route, to an acceptable condition after construction, as detennined by the City Engineer. Subsurface work may be necessary. Curb and gutter work may be necessary. A final two-inch overlay may be necessary. - -,#" """ ",.,..oY Section 13: Buildinl! Permit ReQuirements The building pern1it application shall include/depict: I. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 2. A signed copy of the Ordinance granting final land use approval. 3. Payment for Parks and School impacts fees as specified herein. Financial securities as required in the Subdivision/PUD agreement. 4. A fugitive dust control plan approved by the Environmental Healtll Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, and the ability for the - P&Z Resolution No.l~ Series of 2003. Page 8 .........., '\." ;.Y -~-,-. . Environmental Health Department to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by fue City, during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts. 5. A construction noise suppression plan approved by the Environmental Health Department which includes the ability for the City to request additional measures to prevent a nuisance during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts. 6. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure. Street and alley closures shall be specified with provisions to maintain access to neighboring properties. Any street or alley closures shall require noticing emergency service providers, neighbors, fue City Streets Department, the Transportation Department, City Parking Department, and the City Engineering Department. (Estimated schedule to be distributed to above agencies.) 7. A construction management and parking plan meeting fue specifications of the City Building Department. The plan shall demonstrate continuous emergency access to the site and neighboring properties and requires payment for street parking used during construction. 8. Tree removal pernlits for any regulated trees to be removed. The Parks Department recommends the Spruce tree be removed rather than relocated. 9. Structure must meet the energy code for the commercial area (com-check) and for the residential area (res-check). 10. Adequate access to the mechanical room must be shown. ] I. The requirements of the efficient building program for the residential units shall be fulfilled. 12. Disability access to the bathroom and the vehicle pickup area must be defined. 13. The plans shall include a fire sprinkler system that complies with NFPA-13 and NFP A-n. The plans shall include standpipes. 14. The building permit plans shall include an emergency access plan acceptable to the Fire Marshall and a ventilation plan acceptable to the Fire Marshall. 15. The building permit plans shall be reviewed by an independent consultant for compliance with applicable fire protection codes and regulations. The applicant shall coordinate this review and determination of an independent consultant with the Fire Marshall. Review fees may be assessed. P&Z Resolution No.l!j Series of 2003. Page 9 " r, ~ ",. Section 14: Construction 1. No soil nails shall be used within public rights-of-way or utility easements. The City recommends soil hardening for these areas. 2. Building foundation footers shall not extend into the right-of-way. 3. Vehicles and material storage shall not block the alleyway. 4. Root barriers shall be installed around new trees to prevent future buckling of the sidewalk. 5. The design and construction of the Project shall take into consideration the concerns and requirements of noises exceeding the City's noise ordinance, including proper noise mitigation methods and adequate provision for necessary modifications of the building to meet the City's noise limitations. - Section 15: Noise Ordinance Compliance The project shall comply with fue City of Aspen noise ordinance, as amended from time to time. Prior to issuance of a Certificate of Occupancy, the Project shall be checked by the City's Environmental Healfu Department for compliance under a range of expected operating conditions. A Certificate of Occupancy shall not be issued if the Project exceeds the City's noise limitations. The Project shall not operate without a Certificate of Occupancy. Section 16: Oueuing Vehicles along Hvman Avenue The parking garage operator shall not permit or encourage patrons to vacate their cars until those cars are fully located on-site within the designated entry/exit parking bays. Queuing cars shall remain occupied. .-. - Section 17: Operations Plan and Annual Report The Project shall operate according to the approved Operations Plan, attached as Exhibit A. The Operations Plan may be amended from time to time according to the procedures for amending a Conditional Use, Chapter 26.425 of the Land Use Code. The Project operator shall submit to the City an annual operations report containing: . A profile of the past year's use of the parking spaces, including how many spaces were available to the public per day (a minimum of 19 spaces are required to be available to tlle public) and typical day and evening capacity rates during "on" seasons, "off' seasons, and during significant events. . A report on the sCalming system or other system used to determine owner usage. . Typical peak hour and typical activity during peak hour. . Top 20 peak usage days alld a report on what operating issues were associated with those days and how those issues were addressed. . A summary of allY complaints received and how fuose complaints were addressed. .-. .....,,1/ P&Z Resolution No.l.q Series of 2003. Page 10 .--' ,.,-...... , . The annual operations report shall be forwarded to the Planning and Zoning Commission as an information item (not for any specific action). As a result of the City reviewing the aJmual report, or at aJ1Y other time, fue City may request the operator and property owner improve certain operational issues to conform to the requirements of the approved Operations Plan. Interpretation matters or disagreements between City staff and the Project owner regarding the intent, wording, or enforcement of fue Operations Plan shall be resolved by the Planning and Zoning Commission. The Project owner may appeal an adverse determination made by tlle PlaJming and Zoning Commission regarding the intent, wording, or enforcement of the Operations PlaJl to City Council, pursuant to fue procedures of Chapter 26.316, Appeals, of the City Land Use Code. Section 18: Condominiumization Condominiumization of the Project (after redevelopment) to define and redefine separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance wifu the current (at the time of condo plat submission) plat requirements of the City Community Development Engineer. The Project developer shall have the right to condominiumize fue affordable residential units under a separate condominium regime independent of other portions of tlle Project. Section 19: Enforcement The City may enforce the provisions of this approval, including fue provisions of the approved Operations Plan as may be amended from time to time, by appropriate means including, but not limited to, temporary or permanent revocation of the conditional use approval. Section 20: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, tlle Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in such plan development approvals and fue same shall be complied with as if fully set forth herein, unless amended by other specific conditions. The approvals granted herein shall run Witll the land and all conditions and limitations of this approval shall apply to the property owner, or his successors or assigns, and any property management company or independent operations company acting on behalf of the property owner. P&Z Resolution No.lEl, Series of2003. Page] I L~ r - , Section 21: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions fuereof. - APPROVED by the Commission during a public hearing on August 19,2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: - Jackie Lothian, Deputy City Clerk C:\homelCurrent PlanninglCASESlPark _PlacelPZ _ Reso.doc Attachment A - Operational Prospectus ~ '-.w"." P&Z Resolution No.1S Series of 2003. Page 12 .."...... Operations Prospectus 'f~-)dll bi \- A (:Lt;o '4\=-_ I 'Ul?~ Park Place Parking Facility 707 Hyman Avenue Overview Parking in fue core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible. Part-time residents and locals living on the outskirts of town or in more rural regions need to have available parking for many oftheir day-to-day needs. Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently full during fue mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their spaces on and offthe rental pool with little notice. The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking. There is every expectation that they will gain in value, since they will earn income. This income may increase over time with parking fee increases and increased demand. The following information is intended to establish an operations plan and assist in reviewing fue operational characteristics, as well as the community value, inherent in providing this facility. Components of the Facilitv The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc. The employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility. Use of Spaces Although many of the spaces will be purchased for the convenience of owners, it is apparent fuat no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production for each owner. ~ - '1_ Operations Prospectus Page 2 I'" . ....... ""'"" This will be addressed in the owner's covenants, but in order to have as many spaces serve the public as possible, an owner will generally be required to lease the space when not using the facility. The implementation of this plan will involve a computerized inventory system. Under this system, the owner's vehicle will be scanned with a bar code in order to maintain location of inventory for arrival and departure. If an owner's vehicle has not been scanned in for 3 calendar days, their space will automically be entered into the public parking pool. Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to fueir arrival. However, the requirement is placed on the owner to reserve their use and the system makes it available all other times. It is also important to note that the management shall retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. ,,",.." The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking availability. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will only be a daily rate for parking. During the shoulder seasons, the plan is to sell discounted single-day parking in order to encourage persons to park and leave their vehicles all day, i.e., come in the morning and leave it till the end of the day for one price so long as they exit only once. Longer rentals to non-owners, such as weekly and monthly rentals, will not be permitted. Such rentals would interfere with the daily parking function, and potentially obstruct availability of spaces for owners. - ."",,,,,l-' Hours of operation should be sufficient to service all guests/owners. However, when demand is not sufficient to staff the facility, it will be closed. By observing activities on the streets, management anticipates closing between the hours of 10:00 p.m. and 7:00 a.m. Hours may be more limited during lower season times but should never extend past these hours of operation during high season, unless reviewed by the City to accommodate some special need. Special longer hours may be established for event parking in conjunction with City parking and traffic management activities. Examples of these special events would be New Year's Eve and Fourth of July fireworks. Owners and users will be required to anticipate closures in order to use their vehicles. Parkin!! Types' The different types of parking available to the public should include the following: Daily. Daily rates for parking will be the basic method of usage. Examples of this include day skier parking, day business parking, and night dining/shopping parking. Nineteen of the 99 total spaces shall be available at all times for daily parking. Other spaces shall also be available when not in use by their owners. - ..... Operations Prospectus .... Page 3 ',.; .,..,.,..... . Off-season. During times of low and off seasons, fue intent of management is to offer an opportunity to purchase a discounted one-time park for the day. It will mirror downtown rates for leaving a car on the street all day and allow one entry and exit for a fixed price of up to II hours or from 7:00 am till 6:00 pm. This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in fue close-in residential areas to avoid paid parking areas in fue core. . Longer-term. Owners and non-owners may occupy up to 80 of the 99 spaces overnight or for extended periods as needed. However, this longer-term parking may not be held empty for extended periods of time and shall be available for public day perking when not actually in use by owners. Owners Association As soon as a specific number of spaces are sold, there will be an Owners' Association created for owners who will pay a quarterly fee for building maintenance and ofuer necessary expenses. It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces, finding the return on investment to be competitive or exceeding current yields on other investments. Management of building bv the development group At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business. It is expected that fees in the range of 25% of income would be appropriate. Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. The vast majority of the costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated. With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group. ,- - Operations Prospectus Page 4 ,.-.... -- -' Replacement of the development group ""'" It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility. Subsequent owners of the management group would assume any land use conditions imposed relative to the operation of the facility or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit. Potential Investors and Users For any investor who may be interested in spaces purely from the prospective ofreturn on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually. First, there will be a percentage of the spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when fueir owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. -. ,",,&.d Finally, there will be the investorlbuyer. Not using fue space, always in the rental pool and looking to maximize their am1UaI gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion. Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 of the annual revenues. Amendment of Operations Plan The Operations Plan defined in this prospectus may be amended through the City of Aspen Land Use Code conditional use amendment process. - . ,,-, Operations Prospectus Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible. Part-time residents and locals living on the outskirts oftown or in more rural regions need to have available parking for many of their day-to-day needs. Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently full during the mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their !ets-spaces on and off the rental pool with little notice. The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking. There is every expectation that they will gain in value, since they will earn income. This income may increase over time with parking fee increases and increased demand. The following information is intended to establish an operations plan and assist in reviewing the operational characteristics, as well as the community value, inherent in providing this facility. Components of the Facilitv The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc. The employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility. Use of Spaces - Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production for each owner. - .....'-, 'c Operations Prospectus Page 2 This will be addressed in the owner's covenants, but in order to have as many spaces . serve the public as possible, an owner will generally be required to lease the space when not using the facility. The implementation of this plan will involve a computerized inventory system. Under this system, the owner's vehicle will be scanned with a bar code in order to maintain location of inventory for arrival and departure. If an owner's vehicle has not been scanned in for 3 calendar days, their space will automically be entered into fue public parking pool. Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrival. However, the requirement is placed on the owner to reserve their use and the system makes it available all other times. It is also important to note that the management intends toshall retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. The plan calls for the system to act as a daily public parking facility, with fue emphasis placed on all day parking availability. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will only be a daily rate for parking. be a descending IWllrly rate. During the shoulder seasons, the plan is to sell discounted single-day parkillgs in order to encourage persons to park and leave their vehicles it-all day, i.e., come in the morning and leave it till the end of the day for one price so long as they exit only once. Longer rentals to non-owners. such as weekly and monthly rentals. will not be permitted. Such rentals would interfere with the daily parking function. and potentially obstruct availability of spaces for owners. sinee it cCllld end lip as simJlly a helding area fer cars ami it is eElIIceivaale that all 80 sJlaee ewnefS cellld eeme en any Jlartietdar day limiting Pllblie llsage. Hours of operation should be sufficient to service all guests/owners. However, when demand is not sufficient to staff the facility, it will be closed. By observing activities on the streets, management anticipates closing between the hours of 1.Q:00 IU!h..ll-oflband 7:00 a.m. Hours may be more limited during lower season times but should never extend past these hours of operation during high season. unless reviewed bv the Citv to accommodate some special need. Special longer hours may be established for event parking in coni unction with Citv parking and traffic management activities. Examples of these special events would be New Year's Eve and Fourth of July fireworks. Owners and users will be required to anticipate closures in order to use their vehicles. Parking Types The different types of parking available to the public should include fue following: OUoDrly. There will be an ilsllrly price sCHedllle, altHsllgh tHis is list the mest desirable metRed fer Park Place. It will be mere than del!ble tilan the street parking for the first 2 3 ilslIfS te disesllrage SIlCR llsage. Uellrly rates will be ......, " Operations Prospectus Page 3 deseending lJver time in mder Ie eneelffilge llsers Ie take advaRtage ef lenger stays. (I.e., Ii 8 ilellr fleFieds.) HDaily. Daily rates for parking will be the basic flrefeffea method of usage. Examples of this include day skier parking, day business parking, and night dining/shopping parking. Nineteen of the 99 total spaces shall be available 1 at all times for dailv parking. Other spaces shall also be available when not in use bv their owners. Tile aeseending rate e'/eT time fer flarking faeilitates tilis. , " Off-season. During times oflow and off seasons, the intent of management is .< to offer an opportunity to purchase a discounted one-time park for the day. It will }.- mirror downtown rates for leaving a car on the street all day and allow one entry and exit for a fixed price of up to 11 hours or from 7:00 am till 6:00 pm. This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course offue day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core. . . Longer-term. Owners and non-owners may OCCUpy UP to 80 of the 99 spaces overnight or for extended periods as needed. However. this longer-term parking may not be held empty for extended periods of time and shall be available for public day perking when not actually in use bv owners. Owners Association As soon as a specific number of spaces are were-sold, there will wlJllld be an Owners' Aassociation created for owners who will wellld pay a quarterly fee for building maintenance and other necessary expenses. It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces, finding the return on investment to be competitive or exceeding current yields on other investments. Management of building bv the development group At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business. It is expected that fees in the range of25% of income would be appropriate. Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. '"""",,, 1 1 - /""'"'"" "'/ Operations Prospectus Page 4 ""- The vast majority ofthe costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated. With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group. Replacement of the development group lt is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management ofthe parking facility. AR)' eOflditioRs illlposed relative to the operatioR of the faeilit)' wOllld be asslllfled by sallse~lHeflt OV/Rers of the lIlanagellleRt ~SubseQuent owners of the management group would assume anv land use conditions imposed relative to the operation of the facilitv or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit. Potential Investors and Users For any investor who may be interested in spaces purely from fue prospective of return on investment, it would be necessary to make some assumptions on who and how fue entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually. First, there will be a percentage of fue spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. Finally, there will be the investorlbuyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion. Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will --- ~'.-.. , Operations Prospectus Page 5 collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 of the annual revenues. Amendment of Operations Plan The Ooerations Plan defined in this prospectus may be amended through the City of Aspen Land Use Code conditional use amendment process. .-.. , Pl MEMORANDUM "'.._~. TO: Aspen/Pitkin County Growth Management Commission THRU: Joyce Allgaier, Deputy Community Development Director Chris Bendon, Senior Long Range Planner 0fiNwJ "Park Place" - 707 E. Hyman Avenue Growth Management Scoring - Public Hearing FROM: RE: DATE: November 11, 2003 SUMMARY: Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC, is requesting land use approvals to construct a 99 parking space commercial parking facility with an accessory office and two (2) affordable housing units. A growth management allocation of 4,000 square feet of net leasable space is being requested. The parcel is 12,000 square feet consisting of Lots A, B, C and D of Block 105, City and Townsite of Aspen, and is located in the Office (0) Zone District. The property is currently developed with an "A-Frame" structure, 707 East Hyman, and the "Hannah-Dustin" building, 300 So. Spring. Both are currently office buildings. No changes are proposed for the Hannah Dustin Building. The commercial parking facility is proposed to replace the 950 square foot A-Frame. The parking operation is proposed as an entirely automated system. Cars are placed on "pallets" and then mechanically moved witl1in the building. No internal ramping is involved and drivers do not actually enter the parking area. A small office houses an attendant who aids patrons with the system. The Main Issues section of this memo page 2, provides more detail on certain aspects of the project. The Scoring section of this memo starts on page 5 and provides the scoring criteria and staffs analysis of each criterion. The GMQS process requires scoring by the Growth Management Commission. The scoring will occur at the hearing by use of the scoring sheets provided at the meeting. Projects must achieve minimum "threshold" scores in various categories in order to proceed. Staff has scored the application and found it meeting the necessary scores for approval. Staff is recommending approval. Park Place GMC memo page I II .,-., P2 MAIN ISSUES: Traffic Generation: There is a question of whether this facility will attract more auto trips to town ("build it and they will come") or will this project ease parking frustration of people already coming to town. Staff suggests its likely a little of both- this facility will add to the inventory of parking and provide some relief to the "circling phenomenon." Parking demand is primarily a function of downtown destinations (restaurants, shopping, skiing, etc.) and parking serves that demand. At the same time, additional capacity may attract some additional auto trips that would otherwise be either discouraged from downtown or be handled by otl1er transit modes. This section of Hyman Avenue is one of the least traveled streets downtown (vehicles per day approximately 2,300 to 3,200) and no physical improvement are necessary to accommodate the additional 145 trips. """'" .",,,,,", Traffic Queuing. The proposed project has two parking bays and can queue up to four cars at a time. Parking each car takes approximately 90 seconds - the average time for tl1e system's mechanics to complete a full cycle. It is suggested tl1at during peak periods, both bays will accept vehicles and patrons wanting to retrieve their cars will be required to wait. With the two bays in operation, a minimum of three minutes will be available for exiting the vehicle, collecting belongings, etc. With a parking space behind each bay, additional time is available for patrons. The 90-second cycle time of the mechanical system permits the facility to process up to 40 cars per hour, more than the expected peak-hour demand of 37 autos, 29 inbound. (See traffic report section of application.) Staff does not foresee a queuing problem with this project. --. ~"- Noise: Compliance with the City's noise limitations was raised during the P&Z review. A system of tl1e same manufacturer located in Washington D.C. was analyzed by an acoustical engineer. (See noise report in application.) Sound readings within the lobby of this system reported an overall sound level of approximately 43 to 48 dBA. It is this "A-weighted" scale that the City's noise ordinance specifies as the method of measuring noise. (The second two charts of the noise report describe the "profile" of the noise, or what it sounds like.) The City's noise limitation for this commercial zone district is 65 dBA during the day (7 am to 9 pm) and 60 dBA during the night (9 pm to 7 am) measured at the property line. The lobby readings of the Washington D.C. facility indicate that this facility will be well within the City's requirement at tl1e property line. In fact, the facility should be within the City's more-strict residential noise limitations of 55 dBA during the day and 50 dBA at night. Sound readings were also taken within the mechanical area of tl1e Washington D.C. facility. These readings aren't pertinent to the noise issue because: one of the overhead doors will remain closed during mechanical operation; patrons do not enter the mechanical area; and, the City does not regulate noise levels within buildings. - Park Place GMC memo page 2 ....... . .', , , P3 Staff believes the facility will be in compliance with the City's noise regulations. The proposed resolution requires a "noise check" prior to issuance of a Certificate of Occupancy (C.O.). This test will be performed by the City of Aspen and will be done under a variety of operating conditions. q,."" Public Parking: The level of public access was discussed at P&Z and fue applicant specified 19 parking spaces as permanently available to the public. The public access element of the project was important to several P&Z members wanting the facility to remain actively serving parking needs and not storage of vehicles or remaining unused. The 19-space requirement is specified in the proposed resolution. Operations Prospectus: During their review, the Planning and Zoning Commission requested an operations plan detailing the day-to-day operation of fue facility and documenting representations of the applicant. This plan contains hours of operation, a description of how the operator will use unused spaces for public parking, and a yearly report to the City. The operations prospectus is appended to fue proposed resolution. Pedestrian Improvements: The site currently provides a sidewalk along Spring Street and essentially no pedestrian provision along Hyman Avenue. The proposal would complete fue sidewalk provided along the Benedict Commons for the remainder of the block. Sidewalk along Benedict Commons and existing condition along subject property. Dimensional Requirements: The dimensions of this project are proposed to be established tl1rough adoption of a PUD (Planned Unit Development). Following is a comparison of the proposed dimensions and those allowed in the Office Zone District. Dimension: Proposed Proposed Hannah Office Zone Park Place Dustin Lot: District: Lot: Minimum Lot Size 6,000 sf. 6,000 sf. 6,000 sf. Minimum Lot 60 ft. 60 ft. 60 ft. Width Front Yard 6.5 ft. 0-lOft. (varies) (west 10 ft. ( secondary Park Place GMC memo page 3 1.1 ~"'. " P4 """ Setback = primary) front yard is 2/3 of 6.5 ft. (north = primary front yard) secondary) Side Yard Setback 3 ft. (west) o (east) 5 ft. 5 ft. (east) Rear Yard Setback Oft. lOft (existing) 15 ft. Maximum Height 35 ft. 28 ft. (existing) 25 ft. Percent of Open No No Requirement No Requirement Space Requiremen t Allowable FAR 1.29:1 Same as Office zone .75:1. May be requirement increased to 1:1 through Special Review Residential Off- 3 total N/A Minimum: Lesser of Street Parking I /bedroom or 2/unit. Commercial Off- 99 spaces 3 along alley (loss of 3/1 ,000 s.f. net Street Parking 3 surface spaces on leasable space. north side) Distance between lOft. 10 ft. 10 ft. Buildings on the lot. Staff believes the proposed dimensions are appropriate. Both the neighboring Benedict Commons Building and the Aspen Athletic Club building across the street exceed a I: I FAR with the Aspen Athletic Club Building having an FAR of approximately 1.82:1. The Benedict Commons building has a 6.5-foot setback along the Hyman Avenue property line. The 35 -foot proposed height of the parking facility is measured to the top of the flat roof. The adjacent Benedict Commons building was approved for a 30-foot height limit and certain ridgelines are developed to approximately 34 feet (measured at the midpoint of the sloped roof). The portion of the building closest to Hyman Avenue has been restricted to 26 feet, reducing the appearance of massing on the front fa9ade. The proposed east side yard setback of 5 feet meets the requirement of the Office Zone Districts and mirrors the 5- foot setback of the Benedict Commons building. No changes to the he Hannah-Dustin building are proposed. Neighboring Benedict Commons Building Bell Mountain Townhomes across the alley from subiect site. Park Place GMC memo page 4 ~ - ~ ....... ''l~ -- P5 SCORING: Score sheets will be distributed at the meeting. The application responds to each of the scoring criteria with a requested score. Staffs analysis is provided below with a recommended score. Scorinl! - Quality of Desi!w: Score: o 1 2 3 A totally deficient design A major design flaw An acceptable (but standard) design An excellent design Criterion - Architectural Design. Considering the compatibility of the proposed development (in terms of scale, siting, massing, height, and building materials) with existing, neighboring developments. Staff Response - The proposed building has been designed to appear as a mixed-use building. Staff believes this is appropriate for this mixed-use neighborhood. The residential uses provide an appealing fa9ade along the street and help soften the building. The building's mass has been setback to provide a smaller scale along the street fa9ade. The massing, height, and siting of the building is generally consistent with the neighboring buildings. The proposed materials are consistent witl1 neighboring buildings and are appropriate for a mixed-use building within this mixed-use zone district. Staff recommends a score of 2 for this criterion. Criterion - Site Design. Considering the quality, character, and appropriateness of the proposed layout, landscaping, and open space areas, the amount of site coverage by buildings, the extent of underground utilities, and the arrangement of improvements for efficiency of circulation, including access for service, increased safety and privacy, and provision of snow storage areas. Staff Response - The neighborhood is mixed-use and the plan completes an urban streetscape along Hyman Avenue. The small site and proposed use do not provide a significant opportunity for useable open space. All utilities are being under-grounded and snow storage is expected to be minimal as the building has a flat roof and there is minimal surface area that will require snow removal. A condition related to a snow storage easement has been included in the proposed resolution. Staff recommends a score of 2 for this criterion. "'....,.# Criterion - Environmental Conservation. Considering the use of passive and/or active energy conservation techniques in the construction and operation of the proposed development, including but not limited to insulation, glazing, passive solar orientation, efficient heating and cooling systems and solar energy devices; the extent Park Place GMC memo page 5 .-...1.---. P6 r, ""._,-,# .-.. to which the proposed development avoids wasting energy by excluding excessive lighting and inefficient wood burning devices; and the proposed development's location with regard to the potential for solar gain to result in energy conservation. ~ - Staff Response - The application represents the installation of low-flow fixtures, efficient lighting and heating systems, and energy efficient glazing and insulation. Compliance witl1 the City's efficient building will be achieved. Staff recommends a score of 2 for this criterion. Criterion - Amenities. Considering the provision of usable open space, pedestrian and bicycle ways, benches, bicycle racks, bus shelters, and other common areas for users olthe proposed development. Staff Response - The proposal will significantly improve the aesthetics of the area. The office and planned attendant service provides amenity to the users of the facility. Staff also believes the parking use provides amenity to the downtown by adding to the parking infrastructure. Staff recommends a score of 2 for this criterion. Criterion - Visual Impact. Considering the scale and location of the building(s) in the proposed development to prevent infringement on designated scenic view planes. Staff Response - The plan does not interfere with any protected views and the building has been designed to lessen its massing on the street fa9ade. The proposed 35-foot height of the rear portion of the building is generally consistent with the height of surrounding buildings. The 35-foot height is also 10 be measured to tl1e flat roof and does not incorporate an exemption for pitched roofs. Staff recommends a score of 2 for this criterion. -- Criterion - Trash and Utility Access. Considering the extent to which required trash and utility access areas are screened from public view; are sized to meet the needs of the proposed development and to provide for public utility placement; can be easily accessed; allow trash bins to be moved by service personnel, provide users with recycling bins, and provide enclosed trash bins, trash compaction or other unique measures. Staff Response - Proper utility easements and access have been proposed. The trash demand is expected to be minimal due to the project having only two residences. Residential access to the trash bin, expected to be along the alleyway, is circuitous. An easement and a trash facility on the Hannah Dustin property could improve this condition. Staff recommends a score of I for this criterion. -- Park Place GMC memo page 6 , P7 Scoring - A vailabilitv of Public Facilities and Services ....,""'" Score: o Proposed development requires the provision of new public facilities and services at increased public expense. 1 Proposed development may be handled by existing public facilities and services, or any public facility or service improvements made by the applicant benefits the proposed development only, and not the area in general. 2 Proposed development improves the availability of public facilities and services in the area without increased, undue public expense. Criterion - Water Supply / Fire Protection. Considering the ability of the water supply system to serve the proposed development and the applicant's commitment to install any water 5ystem extensions or treatment plant or other facility upgrading required to serve the proposed development. Fire protection facilities and services shall also be reviewed, considering the ability of the appropriate fire protection district to provide services according to established response times without the necessity of upgrading available facilities; the adequacy of available water pressure and capacity for providing fire fighting flows; and the commitment of the applicant to provide any fire protection facilities which may be necessary to serve the proposed development Staff Response - Sufficient infrastructure is available on this site. Adequate municipal water exists for this property and there is no apparent limitation. The site is within the service area of the Fire District. Compliance with the Fire Code is required. The applicant and the Fire Marshall have discussed the various code provisions and staff has included the relevant requirements in the proposed resolution. The current building was not developed with a sprinkler system and the proposed building should improve fire safety for the area. Staff believes this will improve general fire safety of the area. Staffrecommends a score of 2 for this criterion. Criterion - Sanitation. Considering the ability of the sanitary sewer system to serve the proposed development and the applicant's commitment to install any sanitary system extensions or treatment plant or other facility upgrading required to serve the proposed development. Staff Response - The project will be served by the Aspen Consolidated Sanitation District and the District's requirements have been incorporated into the proposed resolution. This includes devices to prevent chemicals that may Park Place GMC memo page 7 P8 ,.... ... """ ." come from the autos from entering the storm sewer. Staff recommends a score of 1 for tl1is criterion. ~ - Criterion - Public Transportation/Roads. Considering the ability of the proposed development to be served by existing public transit routes. The review shall also consider the capacity of major streets to serve the proposed development without substantially altering existing automobile and pedestrian traffic patterns, creating safety hazards or maintenance problems, overloading the existing street system or causing a need to extend the existing road network and consider the applicant's commitment to install the necessary road system improvements to serve the increased usage attributable to the proposed rjevelopment. Staff Response - This section of Hyman Avenue has a very low use (vehicles per day approximately 2,300 to 3,200) compared witl1 similar downtown streets with 2-3 times the use. This facility will add approximately 145 trips per day, a minimal increase the existing use of tl1e street. No street or intersection improvements will be necessary to accommodate this volume. Peak hour trips are projects to be 37 vehicles per hour and the system can accommodate up to 40 vehicles per hour. The majority of the peak-a.me trips are inbound (29 trips). With both bays in active use plus the two extra loading spaces, incoming patrons will have between 3 and 6 minutes to gather belongings and exit their vehicle. (90 seconds on average per vehicle x two bays = 3 minutes. Plus a space behind each bay = 6 minutes.) Staff does not foresee a queuing problem with this project. Staff recommends a score of I for this criterion. ~ ~ Criterion - Drainage. Considering the degree to which the applicant proposes to maintain historic drainage patterns on the development site. If the development requires use of the City's drainage system, the review shall consider the commitment by the applicant to install the necessary drainage control facilities and to maintain the :.ystem over the long-term. Staff Response - The proposed development incorporates site drainage and the City Engineer is satisfied with the applicant's proposal. The current development does not contain site drainage and the proposal should be considered an improvement to the area's drainage infrastructure. Staff recommends a score of 2 for this criterion. Criterion - Parking. Considering the provisions of parking spaces to meet the commercial, office, and/or residential needs of the proposed development as required by Chapter 26.515, and considering the design of the parking spaces with respect to their visual impact, amount of paved surface, convenience, and safety. Staff Response - The project provides parking for the residential uses, plus commercial parking for the general public. This improvement to downtown -., ~,I>#I" Park Place GMC memo page 8 -- '" " ,.. ., P9 '-' parking infrastructure will benefit a wide range of downtown destinations and should be considered an improvement to the area's infrastructure. Staff recommends a score of 2 for this criterion. Scorinl! - Affordable Housinl!. Score: Project houses 61 to 100 percent of tl1e additional employees generated by the proposed development: 10 points for the first 60 percent housed, plus I point for each additional 8 percent housed. Staff Response - The land use code provides an employee generation schedule of 3 employees per 1,000 square feet of net leasable space in the office zone district. Because this project is unique (it is not a typical office building) staff recommends the employee generation of specific use be considered as opposed to tl1e one-size-fits- all schedule. The expected employee generation of this project is 5 FTEs (full-time equivalents). A one-bedroom apartment and a three-bedroom apartment house 4.75 employees according to the City Land Use Code. This project houses 95% of the employees generated. The Housing Board has recommended approval of the mitigation, witl1 conditions. Staff has proposed language in the resolution tying the employee housing mitigation to tl1is specific proposal and requiring an audit to confirm actual employment. Staff recommends a score of 14 for this criterion - 10 points for the first 60% and I point for each 8% above 60% = 14. Scorinl! - Bonus Points. Score: 0-4 points. Bonus points may be awarded to proposals exceeding tl1e substantive standards. Projects must still meet threshold scoring and bonus points are only effective during a competition (when more applications are submitted tl1at allocations available). There is no competition. Staff has not recommended bonus points. Commissioners wishing to award bonus points must provide a written explanation for doing so. Space is provided on the scoring sheets. - Park Place GMC memo page 9 -I Pl0 ,.... ~"....' --- ApPLICANT: Hyman Avenue Holdings, LLC. Represented by Stan Clauson, AICP """'" - LOCATION, LOT SIZE, ZONING: 707 East Hyman Avenue. The parcel is 12,000 square feet consisting of Lots A, B, C and D of Block 105, City and Townsite of Aspen, and is located in the Office (0) Zone District. PROPOSED LAND USE: Hannah/Dustin building (west building) -- Office (also current use) A-Frame (east building) - Commercial parking, affordable housing, accessory office. REVIEW PROCEDURE: Growth Management Scoring. An application for non-exempt development requires a two step process: Review by the Growth Management Commission and final review by the City Council. Step One - A public hearing before tl1e Growth Management Commission. After the Community Development Director has determined that the application is complete, the application shall be forwarded to the Growth Management Commission for review and scoring at a public hearing. The Growth Management Commission shall, by resolution, recommend to the City Council award of development allotments in accordance with the scoring -""" .......,1 Step Two - A public hearing before City Council. Notice of the hearing shall be by publication, posting and mailing. The City Council, following a public hearing, shall by ordinance allocate GMQS allotments among eligible applicants. Actions reQuired for aooroval of allotments. Since the Growth Management Quola System applies throughout the Aspen Metro Area, no growth management allocation shall be awarded unless the City Council and Board of County Commissioners both accept the recommendation of the Growth Management Commission. RECOMMENDATION: Staff recommends tl1e Growth Management Commission find the Park Place Commercial Parking Facility meeting or exceeding the necessary threshold score for development allotment. RECOMMENDED MOTION: "I move to approve Aspen/Pitkin County Growth Management Commission Resolutionol, Series of 2003, finding the Park Place Commercial Parking Facility meeting the necessary threshold scoring for development allocation." ATTACHMENTS: Exhibit A -- Development Application -, .. ,~#" Park Place GMC memo page 10 - " .' - ',_ J Pll ,-....""" ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION RESOLUTION NO. M (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION RECOMMENDING CITY COUNCIL APPROVE COMMERCIAL GROWTH MANAGEMENT ALLOTMENTS FOR A COMMERCIAL PARKING FACILITY AND OFFICE BUILDING LOCATED ON LOTS A, B, C, AND D, BLOCK 105, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application (the Project) from Hyman Avenue Holdings, LLC, John Cooper Managing Partner, owner and applicant, represented by Stan Clauson Associates, LLC, for a Growth Management allocation of 4,000 square feet of net leasable space for a proposed commercial parking facility housing ninety-nine cars, two affordable housing units, and an accessory parking attendant office, and an existing office building; and, WHEREAS, the parcel of land is described as Lot A, B, C, and D, Block 105, City and Towntsite of Aspen, Pitkin County, Colorado, also described as the Hannah- Dustin Condominiums according to the plat thereof recorded in Plat Book 17 at Page 78 Pitkin County Clerk and Recorder, and is currently developed with an "A-Frame" structure, 707 East Hyman Avenue, generally located on Lots C and D, and tl1e "Hannah- Dustin" building, 300 So. Spring Street, generally located on Lots A and B. Both are currently office buildings. Minimal changes are proposed for the Hannah Dustin Building and site. The commercial parking facility is proposed to replace the A-Frame; and, WHEREAS, pursuant to Sections 26.304 and 26.470 of the City of Aspen Land Use Code, land use applications requesting allotments from the Growth Management Quota System are reviewed and scored by the Aspen/Pitkin County Growth Management Commission at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of tl1e general public. The scoring is then forwarded to the Pitkin County Board of County Commissioners and the Aspen City Council and development allotments may then be allocated by Ordinance by the Aspen City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, and members of the general public; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Parking Department, the City Transportation Department, the City Zoning Officer, City Parks Department, the Aspen Building Department, the Environmental Health Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, GMC Resolution No. _, Series of 2003. Page I .I P12 r '- .-.. WHEREAS, during a duly noticed public hearing on November 11, 2003, the Aspen/Pitkin County Growth Management Commission considered tl1e noted recommendations and testimony offered by the general public, considered the project for initial and final scoring (score summary attached), found the proposal meeting or exceeding the necessary scoring, and recommended, by a _ to _ L --> vote, City Council allocation of 4,000 square feet of commercial development allotment for the Park Place Commercial Parking Facility proposal, subject to the conditions of approval listed herein. """ - NOW, THEREFORE BE IT RESOLVED by the Aspen/Pitkin County Growth Management Commission that the City Council should allocate 4,000 square feet of commercial development allotment for the Park Place Commercial Parking Facility proposal, subject to the following conditions of approval: Section 1: Parking Spaces and Parking Garage Parking spaces within the parking garage shall be used for parking vehicles and not used for storage or other similar non-automobile related purposes without amending the Growth Management approvals. Three (3) total parking spaces shall be allocated to tl1e two on-site affordable housing units. (One space for the one-bedroom unit and two spaces for the three-bedroom unit.) If the residential units are transferred separate from the remaining property interests, the parking space allocated to the residential unit shall be conveyed in fee as part of the ownership interest in the residential unit. """ ..."I .A minimum of nineteen (19) spaces shall remain available to tl1e general public for public parking. General public shall be persons with no ownership interest in the Project. These spaces may be individually transferred as long as they remain available to the general public. The remaining parking spaces may be sold, transferred, or leased by the owners thereof on a daily or long-term basis. These parking spaces may be used to satisfY parking needs of future commercial expansions on- or off-site and may be sold or leased to third parties for use as remote residential parking. The parking garage and parking spaces shall be considered an approved commercial parking facility and an approved remote parking facility as such terms are used in the City's Land Use Code. Parking spaces may be physically reconfigured, with approval from the Community Development Director, to accommodate additional or fewer parking spaces such that a total change of no greater than five (5) parking spaces from that depicted in the Growth Management application occurs. Conversion of parking spaces to non-parking uses shall require a Growth Management review. -. '- GMC Resolution No. _, Series of2003. Page 2 P13 Section 2: Affordable Housing Units & Emplovee Audit The Project shall include one (1) one-bedroom Category One affordable housing unit and one (1) three-bedroom Category 3 affordable housing unit as described in the Growth Management application. The one-bedroom unit shall have one (1) associated parking space within the parking garage. The three-bedroom unit shall have two (2) associated parking spaces witl1in the parking garage. The two affordable units shall be exempted from the Growth Management Quota System and counted towards the growth ceiling for affordable housing. The affordable housing units shall be either transferred as "for-sale units" to qualified purchasers according to the Aspen/Pitkin County Housing Authority (APCHA) Guidelines or, if the units are to be rented, a legal instrument permanently ensuring their affordable status acceptable to tl1e City Attorney shall be provided. The City shall accept a nominal property interest (1/1 0 of I percent undivided interest) or other reasonable means of assurance. Residents of the affordable housing units shall meet the minimum occupancy and all other qualification criteria in the APCHA Guidelines, as amended. The rental structure of the affordable units shall not exceed a maximum rental rate of Category 2 for tl1e one- bedroom unit and Category 3 for the three-bedroom unit as such rates are defined in the APCHA Guidelines, as amended from time to time. Rental tenants shall be qualified by APCHA. The Subdivision Improvements Agreement shall include a methodology of determining actual employee generation of the Project after one complete year of operation and tl1e manner of providing mitigation of any additional employee generation. The project is providing housing for 4.75 employees. According to the City's requirement of providing mitigation for 60% of the employees generated, this housing mitigates a total generation of 7.9 employees. Additional mitigation shall be required for any actual employee generation in excess of7.9 employees. The methodology shall include an audit process and timeline, a method of selecting an auditor, the method of determining acceptable mitigation if additional employees are generated, and be acceptable to the AspenlPitkin County Housing Autl1ority. Section 3: Aspen Consolidated Sanitation District The building permit application shall comply with all requirements of the Aspen Consolidated Sanitation District. Following are specific requirements applicable to this project: I. If a back-up generator is used, compliance with fuel tank requirements will be necessary. 2. Containment systems for glycol and hydraulic oils used for the car handling system are necessary. GMC Resolulion No. _, Series of 2003. Page 3 r ""'" ,- P14 3. ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. 4. If water is used to clean the garage, there will need to be floor drains. Floor drains will be connected to tl1e sanitary sewer and will require an oil/sand separator. In case of a fire, the drains and oil/sand separator must be sized to accommodate fire flows. 5. The Project must adhere to the rules and regulations of the District and pay applicable fees. """'" - Section 4: Enerev Code & Fire Protection Requirements The building permit application shall include/depict: I. The structure must meet the energy code for the commercial area (com-check) and for the residential area (res-check). 2. The requirements of the efficient building program for the residential units shall be fulfilled. 3. The plans shall include a fire sprinkler system that complies with NFPA-13 and NFPA-72. The plans shall include standpipes. 4. The building permit plans shall include an emergency access plan acceptable to the Fire Marshall and a ventilation plan acceptable to the Fire Marshall. 5. The building permit plans shall be reviewed by an independent consultant for compliance with applicable fire protection codes and regulations. The applicant shall coordinate this review and determination of an independent consultant with the Fire Marshall. Review fees may be assessed. "'" ~~' Section 5: Noise Ordinance Compliance The project shall comply witl1 the City of Aspen noise ordinance, as amended from time to time. Prior to issuance of a Certificate of Occupancy, the Project shall be checked by the City's Environmental Health Department for compliance under a range of expected operating conditions. A Certificate of Occupancy shall not be issued if tl1e Project exceeds the City's noise limitations. The Project shall not operate without a Certificate of Occupancy. The design and construction of the Project shall take into consideration the concerns and requirements of noises exceeding the City's noise ordinance, including proper noise mitigation methods and adequate provision for necessary modifications of the building to meet the City's noise limitations. .-. >' GMC Resolulion No. _, Series of2003. Page 4 ,.....', , , , P15 .-<", Section 6: Oueuing Vehicles along Hvman Avenue The parking garage operator shall not permit or encourage patrons to vacate their cars until those cars are fully located on-site within the designated entry/exit parking bays. Queuing cars shall remain occupied. Section 7: Operations Plan and Annual Report The Project shall operate according to the approved Operations Plan, attached as Exhibit A. The Operations Plan may be amended from time to time according to tl1e procedures for ameriding a Conditional Use, Chapter 26.425 of the Land Use Code. The Project operator shall submit to the City an annual operations report containing: . A profile of the past year's use of the parking spaces, including how many spaces were available to the public per day (a minimum of 19 spaces are required to be available to the public) and typical day and evening capacity rates during "on" seasons, "off' seasons, and during significant events. . A report on the scanning system or other system used to determine owner usage. . Typical peak hour and typical activity during peak hour. . Top 20 peak usage days and a report on what operating issues were associated with those days and how those issues were addressed. . A summary of any complaints received and how those complaints were addressed. The annual operations report shall be forwarded to the Planning and Zoning Commission as an information item (not for any specific action). As a result of the City reviewing the annual report, or at any other time, the City may request the operator and property owner improve certain operational issues to conform to the requirements of the approved Operations Plan. Interpretation matters or disagreements between City staff and the Project owner regarding the intent, wording, or enforcement of the Operations Plan shall be resolved by the Planning and Zoning Commission. The Project owner may appeal an adverse determination made by the Planning and Zoning Commission regarding the intent, wording, or enforcement of the Operations Plan to City Council, pursuant to the procedures of Chapter 26.316, Appeals, of the City Land Use Code. Section 8: Enforcement The City may enforce the provisions of this approval, including the provisions of the approved Operations Plan as may be amended from time to time, by appropriate means including, but not limited to, temporary or permanent revocation of the conditional use approval. GMC Resolution No. ~, Series of2003. Page 5 _1-.1_______ P16 c () Section 9: All material representations and commitments made by the developer pursuant to tl1e development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Growth Management Commission, or the Aspen 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. '"" ...-' The approvals granted herein shall run with the land and all conditions and limitations of this approval shall apply to the property owner, or his successors or assigns, and any property management company or independent operations company acting on behalf of the property owner. Section 10: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Growth Management Commission during a public hearing on November 11,2003. - ....~' APPROVED AS TO FORM: GROWTH MANAGEMENT COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:\home\Current Planning\CASESlPark ]lace\GMC _ Reso.doc Attachment A - Operational Prospectus ""'" "'''', GMC Resolution No. _ Series of 2003. Page 6 ,...., Operations Prospectu~ Page I Exhibit A to GMC ~,361ution No. _, Series of 2003. P17 Operations Prospectus Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible. Part-time residents and locals jiving on the outskirts of town or in more rural regions need to have available parking for many of their day-to-day needs. Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently full during the mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their spaces on and off the rental pool with little notice. The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking. There is every expectation that they will gain in value, since they will earn income. This income may increase over time witl1 parking fee increases and increased demand. The following information is intended to establish an operations plan and assist in reviewing the operational characteristics, as well as the community value, inherent in providing this facility. Compouents of the Facilitv The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc. Subject to an audit, the employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility. Use of Spaces '.".," Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production for each owner. II P18 Operations Prospectus Page 2 c ."-.'.''"'" Exhibit A to GMC Resb,l'Ifion No.~, Series of2003. This will be addressed in the owner's covenants, but in order to have as many spaces serve the public as possible, an owner will generally be required to lease the space when not using the facility. The implementation of this plan will involve a computerized inventory system. Under this system, the owner's vehicle will be scanned with a bar code in order to maintain location of inventory for arrival and departure. If an owner's vehicle has not been scanned in for 3 calendar days, their space will automically be entered into the public parking pool. Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrival. However, the requirement is placed on the owner to reserve their use and the system makes it available all other times. It is also important to note that the management shall retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. """ --- The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking availability. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will only be a daily rate for parking. During the shoulder seasons, the plan is to sell discounted single-day parking in order to encourage persons to park and leave their vehicles all day, i.e., come in the morning and leave it till the end of the day [or one price so long as they exit only once. Longer rentals to non-owners, such as weekly and monthly rentals, will not be permitted. Such rentals would interfere with the daily parking function, and potentially obstruct availability of spaces for owners. ........ "-l,....,' Hours of operation should be sufficient to service all guests/owners. However, when demand is not suflicient to staff the facility, it will be closed. By observing activities on the streets, management anticipates closing between the hours of 10:00 p.m. and 7:00 a.m. Hours may be more limited during lower season times but should never extend past these hours of operation during high season, unless reviewed by the City to accommodate some special need. Special longer hours may be established for event parking in conjunction with City parking and traffic management activities. Examples of these special events would be New Year's Eve and Fourth of July fireworks. Owners and users will be required to anticipate closures in order to use their vehicles. Parking Tvpes The different types of parking available to the public should include the following: Daily. Daily rates for parking will be the basic method of usage. Examples ofthis include day skier parking, day business parking, and night dining/shopping parking. Nineteen of the 99 total spaces shall be available at all times for daily parking. Other spaces shall also be available when not in use by their owners. . Off-season. During times oflow and off seasons, the intent of management is to otTer an opportunity to purchase a discounted one-time park for the day. It will mirror downtown rates for leaving a car on the street all day and allow one entry """ ~".""'" -. Operations ProspectuW Page 3 Exhibit A to GMC ~lution No. _, Series of2003. P19 and exit for a fixed price of up to II hours or from 7:00 am till 6:00 pm. This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core. . Longer-term. Owners and non-owners may occupy up to 80 of the 99 spaces overnight or for extended periods as needed. However, this longer-term parking may not be held empty for extended periods of time and shall be available for public day perking when not actually in use by owners. Owners Association As soon as a specific number of spaces are sold, there will be an Owners' Association created for owners who will pay a quarterly fee for building maintenance and otl1er necessary expenses. It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces, finding the return on investment to be competitive or exceeding current yields on other investments. Management of building by the development group At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business. It is expected tl1at fees in tl1e range of 25% of income would be appropriate. Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. The vast majority of the costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated. With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group. Replacement of the development group ~"""'" It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility. Subsequent owners of the management group would j"I~-- P20 Operations Prospectus C Page 4 Exhibit A to GMC Re~ion No. _' Series of2003. assume any land use conditions imposed relative to the operation of the facility or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit. -... - Potential Investors and Users For any investor who may be interested in spaces purely from the prospective of return on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on tl1e predicted parking revenues annually. First, there will be a percentage of the spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during tl1e highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. Finally, tl1ere will be the investor/buyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion. """. "wtII Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed tl1at the 40 space owners with part time income will collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 of the annual revenues. Amendment of Operations Plan The Operations Plan defined in this prospectus may be amended through the City of Aspen Land Use Code conditional use amendment process. """ .,.......r' ........... ~" ~".__./ ......"'" ~{t/ trr~: LAW OFFICES OF HERBERT S. KLEIN & ASSOCIATES, P.e. 'i~,^" HERBERT S. KLEIN hsklein@rof.net LANCE R. COTE. cote@rof.net MADHU B. KRISHNAMURTI madhu@rof.net 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (970) 925-8700 Facsimile (970) 925-3977 November 5, 2003 . also admitted in California Via Hand Deliverv Aspen/Pitkin Growth Management Commission c/o Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Park Place Parking Garage Commercial GMQS Application. Dear Chris and Honorable Members oftl1e Commission: I represent tl1e 700 E. Hyman Condominium Owners' Association (tl1e "Association") concerning tl1e Park Place Commercial Parking Facility application for a commercial GMQS allocation for a parking structure to be located at tl1e corner of Spring St. and Hyman Avenue. Unfortunately, I will not be able to attend your scoring hearing on tl1is matter on November II th and am providing you with my comments in writing. The Association opposes this project for many reasons, all related to tl1e unacceptable impacts it will create to tl1e residential properties which surround it. The members among you from tl1e City of Aspen Planning Commission, have already heard our concerns during tl1eir consideration of tl1e PUD and Conditional Use permit hearings completed just a couple of weeks ago and, in response to the neighborhood outcry against this project, voted to recommend denial of this application. I We wish to inform the Growth Management Commission, and in particular, its County members who have not heard our concerns, of the significant and incurable conflicts this parking structure will create in its neighborhood and to .remove tl1e gloss tl1at the GMQS application casts on tl1e warts oftl1is project. Our primary concerns relate to the functional problems tl1at are posed by tl1e site plan, which places six stories (three above grade and three below grade) with almost lot line to lot line coverage on a 6000 square foot lot, leaving insufficient space on the lot to accommodate arriving and departing vehicles. It is clear that there will be a problem witl1 cars queuing across the sidewalk and onto tl1e street, creating gridlock and obstructing pedestrian usage, especially during peak times, ..- IThe project was also vigorously opposed by the neighboring Benedict Commons residential project and the Bell '- Mountain Residences Association as well as several other neighbors. 'I I""" P22 , ~ ,/ Aspen/Pitkin Growth Management Commission c/o Mr. Chris Bendon, Senior Planner November 5, 2004 Page 2 """ "''"'' such as morning and late afternoon hours during ski season. We ask that you carefully review the site plan and closely question tl1e applicant on tl1ese points. While this project might have merit in another location on a larger lot, it is a disaster as proposed. We also have serious concerns about tl1e noise generated from tl1e project. The noise study submitted by tl1e applicant does not report the noise levels at the property line, where measured by the City Code. However, it does report that the noise levels within the structure will exceed the permissible levels established by tl1e City Noise Ordinance. We also object to the aestl1etics of tl1e building, which is simply a large, square box witl1 little articulation of design elements and no open space. Although the application touts the benefits to tl1e City in providing parking for owners of the condominiumized spaces and the public, the applicant would only commit to a guaranty tl1at merelyl9 of the 99 spaces will be available for public use. Hardly a public benefit worth the degradation to the neighborhood. The GMQS scoring criteria assigns points in several. categories that relate to our concerns about traffic congestion, tl1e pedestrian street scape, architectural design and visual impact. Included within tl1e category of Quality of Design, are separate scoring criteria for the exterior quality of the bUild)ing~ th~. quality o~ tl1e ~ite ddes.ifn, amenities (including useable open space and pedestrian "'"' ways, vlsua Impact, an tras an utllty access. _ More information supporting our concerns follows along with comments on how tl1ey relate to tl1e GMQS criteria and scoring. 1. The Traffic Report. The applicant has provided a traffic study from Felsburg Holt & UUevig, dated August 28, 2003. The report indicates that Hyman Avenue experiences approximately 3,500 vehicles per day ("vpd") in the summer and 2300 vpd in tl1e winter. The report measures the increase in projected traffic generated by the project and finds that the increase in traffic is not significant. However, the report does not analyze the impact on traffic flows due to tl1e operational characteristics of the garage. Clearly, 3500 vpd is a lot of traffic. The garage will require botl1 right and left turning movements for cars entering and exiting the facility. The report is silent on the effect of these turning movements on traffic flow. Cars heading west on Hyman, will need to make a left turn into the garage. The application indicates tl1at this small site only has tl1e capacity to queue four cars at one time and this assumes that all available space is used for arriving vehicles, witl1 no consideration about departing vehicles. When cars are already queued at tl1e entrance, these vehicles wiU either wait until the entrance clears, or they will circle the block. In eitl1er case, traffic flows will be adversely affected. Similarly, vehicles traveling east on Hyman will have to make a right turn. The entrance is close to tl1e intersection and when cars are backed up at the entrance, these vehicles waiting to enter will block traffic coming on to Hyman Avenue. The Association has engaged Kathleen Krager of the firm of Bowers & Krager, Inc., traffic ........, - - ....... '-' P23 Aspen/Pitkin Growth Management Commission c/o Mr. Chris Bendon, Senior Planner .""'" November 5, 2004 Page 3 engineers, to evaluate fue applicant's report. Her analysis is attached hereto at Exhibit A and it identifies the deficiencies that render fue applicant's report meaningless with respect to traffic conflicts caused by the operational realities of this project. The applicant's report attempts to evaluate queuing and states that the time required to park each car is 90 seconds "from the time the vehicle drives onto the lift to the time the lift returns for the next vehicle." However, this does not take into account the time it takes to unload people, skis, kids, etc., nor the time it takes to check in or to retrieve forgotten items. These activities are clearly part of the calculus of the time it takes a car to enter and clear fue queuing area, but are totally ignored by the report. We estimate that these activities will take three to five minutes, depending on how busy the attendant is. Thus, the total time is more like five to seven minutes per car, not 90 seconds. The report suggests that payment will occur on pick up, however, fuat takes time as well and when the four spaces needed for queuing vehicles entering are full, cars cannot leave. When questioned about this at a recent Planning Commission hearing, fue applicant stated that during peak usage for arriving vehicles arriving cars would have a priority and people picking up their cars would have to wait. We do not believe fuat people paying well over one hundred fuousand dollars for their parking space will be so accommodative. Our traffic report also addresses this from a purely functional perspective and correctly points out that: "The proposal to hold exiting vehicles while allowing vehicles to enter the garage will result in numerous operating problems, including fue likely potential fuat vehicles will need to leave fue facility to make room for entering vehicles." The applicant's report also assumes fuat 80% of fue users will be members of fue public, not owners of fue spaces, and that they will be parking for long periods of time, thus reducing fue number of operations and the traffic generation of fue facility. The applicant has not proposed a mefuod of assuring 80% public use,2 only fuat it will sell spaces for over one-hundred fuousand dollars and try to allow for public use when fuose spaces are not being used. At those prices, we can confidently assume that fue buyers are not going to sacrifice their ability to use the spaces whenever they want in order to gain a few dollars per hour of parking revenue from public use, which income, is likely to be exceeded by fue cost of tax accounting for these meager sums. The notion of long term use of fue facility is not supported by any facts. These assumptions of the report are critical to its analysis and are simply made up, having no reliable foundation. Simply put, the project raises grave concerns about the location of this garage near fue intersection and its potential for grid-lock, blocking turning movements, snarling traffic and creating inconvenience and safety problems for pedestrian use of the sidewalk. The report does not address fuese at all and its failure to account for fuem along with its unsupported assumptions about fue composition of users and fue length of parking stays, renders its conclusions erroneous. 2During the City Planning Commission review, the applicant offered to guaranty that only 19 of the 99 spaces will be available for public use. IJ ,... -....., P24 ... City of Aspen/Pitkin Growth Management Commission c/o Mr. Chris Bendon, Senior Planner November 5,2003 Page 4 ,""", -...I' 2. The Noise Report. The applicant submitted a noise study dated Aug. 27, 2003, from Gary Ehrlich, Senior Acoustical Engineer. The report was done on, what we are told is, the only otl1er facility in tl1e U.S. using tl1is technology. The equipment was located in a private parking garage and sound measurements were taken near the garage overhead door. The equipment was operated witl10ut any cars on the lift. On the last page of tl1e report it states: "It can also be seen that the sound level in the garage was typically between 50 and 65 dBA, and occasionally reached 70 to 80 dBA." If tl1ese sound levels exist at tl1e property line (where measured under the City Code), they would exceed the maximum sound levels for this zone district allowed under the City's Land Use Code ("Code"), and the project could not be approved. The relevant Code provisions are found in Article 18 (the "Noise Ordinance"). Section 18.04.040 limits tl1e maximum allowable noise in tl1is land us.e district to 55 dBA between tl1e hours of 10:00PM and 7:00AM and 65 dBA between tl1e hours of 7:00AM and 10:00PM. So when tl1e report says the sound level is "typically between 50 and 65 dBA," it is saying that the garage will, depending on tl1e hours of use, typically violate the Aspen Municipal Code noise ordinance! When the report says the noise levels "occasionally reached 70 to 80 dBA," it is saying that occasionally the noise reached levels that are deemed harmfUl! 3 """" ",",.i""-' Viewing tl1e charts submitted witl1 the report makes it clear tl1at tl1e Noise Ordinance's night time 55 dBA limit is exceed most of the time and sound levels between 60 and 70 dBA are reached about half tl1e time. (See Figure 1 attached to the report). Furthermore, since the report was based on the lift being operated witl10ut a car, we can only assume that the noise generated from this equipment when it is under full load (e.g. when 5-6000 pound SUV's are on the lift) can only be higher, not lower. To provide the Commission with some reference for these noise levels, a sewing machine operates around 60 dBA, a washing machine around 70 dBA and an alarm clock at 2 feet is about 80 dBA.' Front loaders, backhoes, tractors, concrete mixers, moveable cranes, generators and compressors operate in the 70-80dBA range.5 'Levels of75 dBA for outdoor activities and 65dBA for indoor activities are considered to generale "severe noise impacts" by the Federal Highway Administration. See: www.wsdot.wa.gov/regions/NorthwestJrp&s/environmentaVaae/policies.htm#anchor6 4American Tinnitis Association at www;ata.org 'Reitze, Environmental Law, Chapter Three B-19 """ ......,. ~"" \0; ~ P25 '~"''''''>/ City of Aspen/Pitkin Growth Management Commission c/o Mr. Chris Bendon, Senior Planner November 5, 2003 Page 5 As previously mentioned, the noise report was not done at the property line and the applicant has stated in prior public hearings that the garage lift will operate with tl1e doors closed. Without a study of tl1e noise tl1at escapes the building, all we know is that tl1e lift equipment exceeds permissible noise levels. 3. Specific Comments on Scoring Criteria. The following are brief statements concerning certain of tl1e specific scoring criteria that we request you take into consideration in your deliberations. The paragraph numbers track with the scoring section of the Code: I. Oualitv of Design: a. Architectural Design: The facility is a big box. It exceeds the height limits in its zone and is not compatible architecturally, or with respect to its mass and scale, witl1 neighboring properties. We believe it represents a totally deficient design and should receive a score of zero. b. Site design: There is virtually no open space and the site is almost entirely covered by tl1e building. Most importantly, tl1e operational characteristics of tl1is project are not accommodated by this small site. Circulation is neither efficient nor safe as incoming and outgoing vehicles need to cross the sidewalk and, as discussed in detail above, are likely to be parked across the sidewalk and line up onto the street during peak usage. Based on the criteria of the scoring, tl1is aspect must be determined to be a totally deficient design, with a score of zero. d. Amenities: There are no amenities. There is no useable open space. Altl10ugh the application says that pedestrian safety will be enhanced by the construction of new sidewalks, tl1e parking garage use and the operational problems associated witl1 it render the sidewalks unsafe and frequently unusable. This reflects a totally deficient design and should earn a score of zero. e. Visual Impact. The building is out of scale witl1 the neighborhood. Its mass will block views looking towards Aspen Mountain. Its almost 100% lot coverage provides no relief along tl1e street and its placement, with hardly any setback, directly next to Benedict Commons, will shut out light and air from many residential units. Again, this deserves a score of zero. f. Trash and utility areas. As if to accentuate the deficiency of its design, the application states that there is no room on the site for a trash area and its dumpster will be located on tl1e adjacent property. Again, this deserves a score of zero. 2. Availability of Public Facilities and Services. c. Public Transportation/roads. The project will substantially alter in a negative way, existing automobile and pedestrian traffic patterns, creating safety hazards and overloading tl1e existing street system. Anotl1er zero, please. II ,,-. ""'" .~ P26 City of Aspen/Pitkin Growth Management Commission c/o Mr. Chris Bendon, Senior Planner November 5, 2003 Page 6 We appreciate your consideration of our concerns and tl1ank you for your time in reviewing fuis letter. Very truly yours, HERBERT S. KLEIN & ASSOCIATES, P.C. By:/duLu-dc!CIft~ Herbert S. Klein ) Attachment 700 E Hyman condo assn\gmqs-U-2(hklI04).wpd """" "".'''< """ ~ - - \...... ...."'", "" RECE/II'ED {JeT " n. "- , II Iii C f!~:1.~ 50wers &- Krager, Inc. ....~."" Qctot:er1,2003 Mr. Herbert S. Klein Herbert S. Klein & Associates 201 North Mill Street, Suite 203 As~, Colorado 81611 9709258700 fax 9253977 RE: Propcsed Park Place Parking Garage at 707 East Hyman in As~, Colorado 406thk.doc Dear Herb: Per your request, I have reviewed the Park Place Commercial Parking Facility Application to de- termine potential traffic imr;a:ls. Unfortunately, the application is completely lacking in informa- tion regarding traffic operations, and I am unable to offer any professional opinion based on the information con1ained in the"application. To provide any form of traffic review, the following information must t:e provided: 1. AnticipalEd site trip generation for daily and peak hour trips 2. Existing street traffic volumes at peak times of operation 3. Level of Service analyses for entrance/exit at peak periods 4. Average time from entering the garage unti I the rext car can enter the sarre elevator 5. Queue analysis of waiting vehicles during peak periods 6. Parking summary of the number of spaces provided for apartment/office users and employ- ees of the garage Although the application provides some information on expected daily trips, it does not provide a complete understanding of the assumptions used to determine the anticipated daily trips. Both the assumptions and da1a to support the assumptions need to t:e reviewed. No peak hour trip generation has been provided, which is critical in determining both the::n:E'SS operations and queuing dlarac- teristics of the site. Furthermore, I would recommend that all traffic analyses t:e completed with the assumption that one bay is designated for ingress and the other bay is designated for egress. The propa;al to hold exiting vehicles while allowing vehicles to enter the garage will result in numerous operating prob- lems, including the likely potential that vehicles will need to leave the facility to make room for entering vehicles. "....- . , z I EXHIBIT A 899 Logan Street, Suite 210 Denver, CO 8020)-)15+ T()0))++G-2G26 F(0))++G-0270 1.1 ,., '"""' P28 Mr. Herbert S. Klein Herbert S. Klein & Associates 4OIifhk.doc October 1, 2003 Page 2 Finally, the site plan should identify the queuing area for waiting vehicles to verify that vehicles waiting to enter the garage will not impact the sidewalk. ........ "",,,,,'; When this information beOJmes available from the applicant, I will be happy to revievv it. Without the additional information, it is not pa;sible to determine tt'e traffic impacts of this application, and the City of Aspen should not approve the proposal. Please feel free to call me regarding this matter. Sinrerely, ~~~ Kathleen L. Krager, P.E., PTOE Transportation Engineer fax and mail - -- ""..- ....,"' 7Sl.A · MEMORANDUM TO: FROM: Planning and Zoning Commission Joyce Allgai~~munity Development Deputy Director Chris Bendon, Senior Long Range Planner~ "Park Place" (707 E. Hyman Avenue) - Public Hearing Consolidated ConceptuallFinal PUD, Subdivision, Rezoning, Conditional Use, GMQS Exemption THRU: RE: DATE: August 19, 2003 PROJECT: "PARK PLACE" COMMERCIAL PARKING GARAGE REQUEST: Approvals to subdivide the parcel and construct a 99 space Commercial Parking Facility with two (2) affordable housing units on the eastern parcel currently developed with an "A- Frame" structure. ZONING: Office (0) Zone District LAND USE ACTIONS: Consolidated ConceptuallFinal PUD, Conditional Use, Subdivision, Rezoning to include a PUD Overlay, and GMQS Exemption for Affordable Housing. (A GMQS scoring application for Commercial Development will be submitted upon the September 15 deadline and is not part of this review.) STAFF Approval with Conditions RECOMMENDATION: SUMMARY: Hyman Avenue Holdings, LLC, represented by Stan Clauson Associates, LLC, is requesting land use approvals to construct a 99 parking space commercial parking facility with an accessory office and two (2) affordable housing units. The parcel is 12,000 square feet consisting of Lots A, B, C and D of Block 105, City and Townsite of Aspen, and is located in the Office (0) Zone District. The property is currently developed with an "A-Frame" structure, 707 East Hyman, and the "Hannah- Dustin" building, 300 So. Spring. Both are currently office buildings. No changes are proposed for the Hannah Dustin Building. The commercial parking facility is proposed to replace the A-Frame. The parking operation is proposed as an entirely automated system. Cars are placed on "pallets" and then mechanically moved within the building. No internal ramping is Park Place Page I JIIf'.'.... ~~, ....."" "'.... involved and drivers do not actually enter the parking area. A small office houses an attendant who aids patrons with the system. A CD has been included in the application and can be run on any computer with a CD drive. This will also be played at the hearing. A representative of the parking system manufacturer will make a presentation at tl1e hearing and will be available for questions, etc. Staff has reviewed this application against the applicable criteria and believes all criteria have been met. Staff is recommending approval, subject to conditions outlined in proposed P&Z Resolution No. _, Series of 2003. MAIN ISSUES: Sketch Plan Review: A parking garage concept (on the A-Frame property only) was the subject of a "sketch plan review" with City Council and the Planning and Zoning Commission October 21, 2002. This review process allows a potential applicant to identify planning issues with the City's boards and neighbors of the site in a public hearing format. The proposed operation has significantly changed since the sketch plan review. The planning issues identified were: Compatibility of the use with surrounding uses and properties, lighting of the facility, height and aesthetics of the building, hours of operation, noise, traffic generation and air pollution, employee generation, and potential future uses of the building. The two boards expressed concerns over these issues on "first blush" and indicated to tl1e applicant that these issues would need to be addressed in an application. The two boards indicated acceptance of the project being reviewed as a PUD, potential flexibility with employee generation calculations, and potential ability for the project to gain multi-year allotments in growth management. Aspen Area Community Plan: The 2000 AACP endorsed the following policies and goals that have applicability to this project: . Limit traffic on Highway 82 into Aspen to 1993 levels. . Reduce internal flow of traffic within Aspen. . Hold the supply of public parking within tl1e Aspen Community Growth Boundary to 1998 levels, with the exception of affordable housing parking. . Reduce automobile congestion in the downtown core, particularly in the evening and on weekends so as to foster economic sustainability. . Manage the supply of parking to limit adverse impacts of automobile use and to conserve land in the Aspen area. . Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use. The Economic Sustainability Report (a follow-up to the AACP) recommended the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private and interagency partnerships for certain projects and moving forward on Park Place Page 2 ~,.;", ~"' '-" - other that have already been approved. These include: I) The Entrance to Aspen as approved in the CDOT Record of Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect for the four ski areas." Recent proj ects and planning efforts also affect this discussion. The Rio Grande Parking Garage was originally planned for an additional level below grade. This unbuilt level would have accommodated and additional 80 cars. The Independence Place Plaza project ("Superblock") was planned in this general area as an outgrowth of tl1e 1986 parking study referenced in the application. 228 parking spaces were contemplated for the IPP project. The "hold public parking" statement in the AACP seems to not support this (or any) additional parking. At the same time the "reduce congestion," "transportation management," "add more parking," and recent planning activities seem to support this concept of additional public parking. Staff believes parking, especially public parking, is an infrastructure necessary for the success of the downtown shopping district. This parking garage will add capacity and relieve some of tl1e demand on street parking, valet parking, and the Rio Grande facility. Staff believes the proposal complies with the Aspen Area Community Plan. Parking Facility Use: A Commercial Parking Structure is a conditional use in the Office Zone District. The criteria for reviewing a Conditional Use concentrate on the proposal's compatibility with surrounding uses, considering both physical and operational aspects of the proposal, and the proposal's infrastructure demands and employee housing demands. Staff believes this parking facility, due to its proposed operation style, is compatible with surrounding uses and in conformance with the Conditional Use criteria. (See Exhibit A for full criteria and responses.) Traffic Generation: There is a question of whether tl1is facility will attract more auto trips to town ("build it and they will come") or will this project ease parking frustration of people already coming to town. Staff suggests its likely a little of both - this facility will add to tl1e inventory of parking and provide some relief to the "circling phenomenon." Parking demand is primarily a function of downtown destinations (restaurants, shopping, skiing, etc.) and parking serves that demand. At the same time, additional capacity may attract some additional auto trips that would otl1erwise be either discouraged from downtown or be handled by other transit modes. The City's Transportation Department believes additional traffic will occur on this block of East Hyman but does not foresee the increase to cause a degradation of intersection service levels. No physical improvements will be necessary to accommodate this proposal. The Environmental Health Department has raised a concern about additional trips causing air quality impacts and has asked the applicant to mitigate such additional trips. The City has no impact mitigation requirements for trip generation and no requirements have been proposed. However, one of the most-touted transportation demand Park Place Page 3 ""'" ~... '-' management strategies is the application of market rate fees to parking. Certainly "free parking" attracts drivers. Paying a fee, especially a daily fee, for parking will act as a deterrent. Also, the applicant is interested in paving the alleyway and doing so is typically viewed as an air quality mitigation method. Traffic Queuing. The proposed project can queue up to four cars at a time and parking each car takes approximately 36 seconds (plus time for exiting the car, etc.). There may be times when a patron must wait a few minutes for service. An occupied car waiting for a position to open-up is adequate, although not a desirable scenario: Staff is concerned about the parking garage operator allowing patrons to leave cars un-occupied within the street, blocking traffic, etc. This issue could be addressed through a condition of approval although staff is interested in the parking manufacturer's comments on this topic. Also, staff is interested in peak demand expectations and how many patrons might be expected at one time. For example: Just before the mountain opens on a significant "powder" day or just after the 4th of July fireworks. Pedestrian Improvements: The site currently provides a sidewalk along Spring Street and essentially no pedestrian provision along Hyman Avenue. The proposal would complete the sidewalk provided along the Benedict Commons for the remainder of the block. Sidewalk along Benedict Commons Existing condition along subject property Dimensional Requirements: The dimensions of this project are proposed to be established through adoption of a PUD (Planned Unit Development). Following is a comparison of tl1e propOosed dimensions and those allowed in tl1e Office Zone District. Dimension: Proposed Proposed Hannah Office Zone Park Place Dustin Lot: District: Lot: Minimum Lot Size 6,000 sf. 6,000 sf. 6,000 sf. Minimum Lot Width 60 ft. 60 ft. 60 ft. Front Yard Setback 6.5 ft. O-lOft. (varies) (west = lOft. (secondary front primary) yard is 2/3 of primary 6.5 ft. (north = front yard) Park Place Page 4 "..~ " ,-" secondary) Side Yard Setback 3 ft. (west) o (east) 5 ft. 5 ft. (east) Rear Yard Setback Oft. lOft (existing) 15 ft. Maximum Height 35 ft. 28 ft. (existing) 25 ft. Percent of Open No No Requirement No Requirement Space Requirement Allowable FAR 1.29:1 Same as Office zone .75:1. May be requirement increased to 1:1 through Special Review Residential Off- 3 total N/A Minimum: Lesser of I Street Parking /bedroom or 2/unit. Commercial Off- 96 spaces 3 along alley (loss of 3 3/1 ,000 s.f. net leasable Street Parking surface spaces on space. north side) Distance between 10 ft. 10 ft. 10 ft. Buildings on the lot. Staff believes the proposed dimensions are appropriate. Both the neighboring Benedict Commons Building and the Aspen Athletic Club building across the street exceed a I: I FAR with the Aspen Athletic Club Building having an FAR of approximately 1.82:1. The Benedict Commons building has a 6.5-foot setback along the Hyman Avenue property line. The 35-foot proposed height of the parking facility is measured to the top of the flat roof. The adjacent Benedict Commons building was approved for a 30-foot height limit and certain ridgelines are developed to approximately 34 feet (measured at the midpoint of the sloped roof). The portion of the building closest to Hyman Avenue has been restricted to 26 feet, reducing Neighboring Benedict Commons Building the appearance of massing on the front fa9ade. The proposed east side yard setback of 5 feet meets the requirement of the Office Zone Districts and mirrors the 5-foot setback of the Benedict Commons building. The proposed west side yard setback (between the proposed parking garage and the Hannah Dustin building) of 3 feet is less than the Office Zone requirement. The proposed setback for the Hannah Dustin building is 0 feet. The City's Building Department has suggested the proposed property line be repositioned such that the parking Bell Mountain Townhomes across the alley from subject site. Park Place Page 5 ~ "'.',,", ,." ~/ garage has a 0- foot setback. This would prevent the east facing walls of the Hannah Dustin Building from having to be retrofit as "fire walls." If this route were pursued, the minimum lot size of the parking garage structure would need to be varied. The Hannah-Dustin building is not proposed to be altered. The dimensional requirements that are proposed to be established through the PUD reflect tl1e existing dimensional conditions of the building. Employee Generation & Affordable Housing: According to the applicant, this project will generate approximately 5 FTE (full-time equivalents) plus a potential part-time bookkeeper/manager. The City requires mitigation for 60% of the employees generated. The applicant has proposed two affordable units - a Category lone-bedroom unit and a Category 3 three-bedroom unit. These units house 4.75 employees, in excess of the City's requirement. The Aspen/Pitkin County Housing Authority has reviewed this proposal and has recommended approval with a series of conditions. These conditions require an audit of the operation to determine actual employee generation and a legal mechanism to guarantee the rental units remain affordable (considering the Telluride decision). Employee generation and mitigation will also be reviewed with the forthcoming growth management application. Floor Area: A question has been raised regarding whether or not the internal parking "shelves" should be considered floor area. These internal shelves do create separate levels but those levels do not provide traditional useable spaces. The City's PUD allows dimensions to be determined for a specific project and staff recommends this floor area question be resolved through the PUD. Staff believes the individual parking platforms should not be considered Floor Area for the purposes of this development proposal. For the current plan, the floor area question may be academic but could be important if the use is terminated and the building converted. Describing the parking shelves not as floor area would require a PUD amendment to later retrofit actual floors within the structure and would require additional net leasable allotments from the growth management system. Subdivision: The subdivision request is to divide the lot into two properties and is also necessary for the creation of multi-family housing. The site is flat and contains no geologic hazards or other reasons to recommend denial is suitable for subdivision. Staff believes that the proposed subdivision application complies with all of the standards. Growth Management: The proposed parking garage requires a GMQS scoring approval. GMQS applications, however, may not be reviewed by the City until after the September 15th application deadline. This is to ensure a fair scoring process occurs if more than one application is submitted. This review and approval (if granted) will be conditioned upon a successful growth management scoring. Park Place Page 6 REVIEW PROCESS: The Applicant is requesting approval of the following land use requests to develop the proposed parking facility: ~ Consolidated ConceptuallFinal PUD (to approve the dimensions of the new parking facility building) ~ Subdivision (to split the parcel and for the two AH units) ~ Rezoning (to add a PUD Overlay) ~ Conditional Use (to approve the parking garage use. Combined with PUD review) ~ GMQS Exemption (for the two AH units) The Planning and Zoning Commission shall provide a recommendation to City Council on all of the land use requests. The P&Z may recommend approval, approval with conditions, or denial at a duly noticed public hearing. (The Conditional Use request has been combined with the other requests to be finally decided by City Council.) The project also requires a growth management allotment and applications for GMQS scoring may not be submitted until September 15th. Any actions on the pending requests will be conditioned upon a successful GMQS review. STAFF RECOMMENDATION: Staff believes that the proposal meets the applicable review standards. Staff believes that the proposed dimensional requirements are appropriate and compatible with the immediate vicinity. Additionally, the City of Aspen Parking Department Director has reviewed the application and believes that the proposal will take some pressure off of tl1e on-street parking spaces within the downtown area. Therefore, staff recommends that the Planning and Zoning Commission approve the proposed resolution recommending that City Council approve the proposal with the conditions that are set forth therein. RECOMMENDED MOTION: "I move to approve Resolution No. _, Series of 2003, recommending that City Council approve the Park Place Consolidated Conceptual/Final PUD, Subdivision, GMQS exemption, and Conditional Use for a commercial parking structure." A TT ACHMENTS Exhibit A - Review Criteria and Staff Findings Exhibit B - Referral Agency Comments Exhibit C - Application ~~it- D - ~ ~ ~ )6\e,\Y\ Park Place Page 7 RESOLUTION NO. (SERIES OF 2003) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE CONCEPTUAL AND FINAL PLANNED UNIT DEVELOPMENT (PUD) REVIEW, CONDITIONAL USE REVIEW, RESIDENTIAL DESIGN STANDARDS WAIVERS, SUBDIVISION REVIEW, REZONING TO INCLUDE A PUD OVERLAY, AND GROWTH MANAGEMENT EXEMPTION REVIEW FOR AFFORDABLE HOUSING FOR A COMMERCIAL PARKING FACILITY AND OFFICE BillLDING LOCATED ON LOTS A, B, C, AND D, BLOCK 105, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application (the Project) from Hyman Avenue Holdings, LLC, John Cooper Managing Partner, owner and applicant, represented by Stan Clauson Associates, LLC, for combined Conceptual and Final Planned Unit Development (PUD) approval, Rezoning for a PUD Overlay, Subdivision approval, Conditional Use approval, Residential Design Standards waivers, and Growth Management Exemption approval for affordable housing for a proposed commercial parking facility housing ninety-nine cars, two affordable housing units, and an accessory parking attendant office, and an existing office building; and, WHEREAS, the parcel of land is described as Lot A, B, C, and D, Block 105, City and Towntsite of Aspen, Pitkin County, Colorado, also described as the Hannah- Dustin Condominiums according to the plat thereof recorded in Plat Book 17 at Page 78 Pitkin County Clerk and Recorder, and is currently developed with an "A-Frame" structure, 707 East Hyman Avenue, generally located on Lots C and D, and the "Hannah- Dustin" building, 300 So. Spring Street, generally located on Lots A and B. Both are currently office buildings. Minimal changes are proposed for the Hannah Dustin Building and site. The commercial parking facility is proposed to replace the A-Frame; and, WHEREAS, pursuant to Sections 26.304, 26.310, 26.410, 26.425, 26.445, 26.480, and 26.710 of the Land Use Code, land use applications requesting land use review for Rezoning for Planned Unit Development Overlay designation, Conditional Use, Planned Unit Development Conceptual and Final plan adoption, Residential Design Standards waivers, and Subdivision approval, may be approved, approved with. conditions, or denied by the City Council at a duly noticed public hearing after considering recommendations by the Community Development Director, the Planning and Zoning Commission made at a duly noticed public hearing, the appropriate referral agencies, and members of the general public; and, WHEREAS, pursuant to Section 26.304.060(B)(I) and for the purpose of providing clarity and reducing duplication the Community Development Director, in consultation with the applicant, has modified the Conditional Use Review and Residential Design Standards variance procedures for this project such that the Planning and Zoning P&Z Resolution No._, Series of2003. Page 1 Commission, at a public hearing, shall make a recommendation to City Council and City Council, at a public hearing, shall be the final decision-making body; and, WHEREAS, pursuant to Section 26.445.020 and notwithstanding the parcel being less than 27,000 square feet in size the Community Development Director has allowed this project to be reviewed according to the City's Planned Unit Development process considering that this project may have the ability to further goals of the Aspen Area Community Plan and that the procedures and review standards of the City's Planned Unit Development process best serve the interests of the community in reviewing the proj ect; and, WHEREAS, pursuant to Section 26.445.030(B)(2) the Community Development Director has permitted the consolidation of Conceptual and Final Planned Unit Development review considering the limited extent of issue involved; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, the City Parking Department, the City Transportation Department, the City Zoning Officer, City Parks Department, the Aspen Building Department, the Environmental Health Department, and the Community Development Department reviewed the proposal and recommended approval with conditions; and, WHEREAS, during a duly noticed public hearing on August 19, 2003, the Planning and Zoning Commission considered the noted recommendations and comments from the general public and recommended, by a _to _ C-.J vote, the City Council grant approval for the Rezoning for PUD Overlay designation, Conceptual and Final PUD Development Plan approval, Conditional Use approval, Subdivision approval, and growth management exemption approval for affordable housing for the proposed commercial parking facility and existing office building, subject to conditions of approval listed herein. NOW, THEREFORE BE IT RESOLVED by the Commission that City Council should approve the Park Place commercial parking facility and office building project, as proposed in the land use application, witl1 the following conditions of approval: Section 1: Rezoning The Official Zone District Map of the City of Aspen shall be, upon filing of tl1e Subdivision plat and Final PUD Plans, amended by the Community Development Director to reflect the following property as designated with a Planned Unit Development Overlay zoning designation. No change to the underlying "Office" designation shall occur . Lots A, B, C, and D, Block 105, City and Townsite of Aspen, Pitkin County, Colorado. Section 2: Growth Management Apuroval Contingency The Subdivision and Planned Unit Development approvals granted by the City shall not be considered valid until the project obtains all growth management allotments and approvals. The City shall not accept or approve final Subdivision/PUD plats, plans, and P&Z Resolution No. ~, Series of2003. Page 2 agreements unless all growth management allotments have been awarded by the City of Aspen. Section 3: Residential Design Standards The project, as depicted in the Final PUD Plans, shall be exempt from the City's Residential Design Standards. Section 4: Approved Project Dimensions The following approved dimensions of the project shall be reflected in the Final PUD Plans: Dimension: Parking Garage Lot: Hannah Dustin Lot: Minimum Lot Size 6,000 sf. 6,000 sf. Minimum Lot Width 60 ft. 60 ft. Front Yard Setback 6.5 ft. O-IOft. (as shown on final PUD Plan) (west = primary) 6.5 ft. (north = secondary) Side Yard Setback 3 ft. (west) o (east) 5 ft. (east) Rear Yard Setback Oft. 10 ft Maximum Height 35 ft. 28 ft. Percent of Open No Requirement No Requirement Space Allowable FAR 1.29: 1 (The parking Same as Office zone requirement "shelves" shall not be counted as FAR, only the building shell and traditional floors.) Residential Off- 3 total N/A Street Parking Commercial Off- 96 spaces 3 along alley Street Parking Distance between 10 ft. 10 ft. Buildings on the lot. Section 5: Parking Spaces and Parking Garage Parking spaces within the parking garage shall be used for parking vehicles and not used for storage or other similar non-automobile related purposes. One parking space shall be allocated to each of the two on-site affordable housing units. If the residential units are transferred separate from the remaining property interests, the P&Z Resolution No. _, Series of2003. Page 3 parking space allocated to residential unit shall be conveyed m fee as part of the ownership interest in the residential unit. The remaining 96 parking spaces may be sold, transferred, or leased by the owners thereof on a daily or long-term basis. Parking spaces may be used to satisfY parking needs of future commercial expansions on- or off-site and may be sold or leased to third parties for use as remote residential parking. The parking garage and parking spaces shall be considered an approved commercial parking facility and an approved remote parking facility as such terms are used in the City's Land Use Code. Parking spaces may be physically reconfigured, with approval from the Community Development Director, to accommodate additional or fewer parking spaces such that a total change of no greater than five (5) parki~pac~s, from that depicted on the Final PUD Plans, occurs. Physical reconfigurations l'lJ~~eatgZparking by more than five (5) spaces shall require a PUD amendment. Conversion of~'parking spaces to non-parking uses shall require a PUD amendment. Section 6: Affordable Housing Units The Project shall include one (I) one-bedroom Category One affordable housing unit and one (I) three-bedroom Category 3 affordable housing unit as described on the Final PUD Plans. Each unit shall have one (I) associated parking space within the parking garage. The two affordable units shall be exempted from tl1e Growth Management Quota System and counted towards the growth ceiling for affordable housing. The affordable housing units shall be either transferred as "for-sale units" to qualified purchasers according to the Aspen/Pitkin County Housing Authority (APCHA) Guidelines or, if the units are to be rented, a legal instrument permanently ensuring their affordable status acceptable to the City Attorney shall be provided. The City shall accept a nominal property interest (1/10 of I percent undivided interest) or other reasonable means of assurance. Residents of the affordable housing units shall meet the minimum occupancy and all otl1er qualification criteria in the APCHA Guidelines, as amended. The rental structure of the affordable units shall not exceed a maximum rental rate of Category 2 for the one- bedroom unit and Category 3 for the three. bedroom unit as such rates are defined in the APCHA Guidelines, as amended from time to time. Rental tenants shall be qualified by APCHA. Section 7: Impact Fees Park 1m/Jact Fees of $5,754 shall be assessed. Amendments to the Project shall include an adjustment to this impact fee according to the following schedule: Park Fees: lone-bedroom @ $2,120 per unit = 1 three-bedroom unit @ 3,634 per unit = $2,120 $3,634 $5,754 P&Z Resolution No. _, Series of2003. Page 4 School 1moact Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying tl1e Project to be 2,961,700 based on information from the Pitkin County Assessor. This represents $10,750,870 per acre. One-third of this value divided by the proposed 2 units results in a $1,791,823 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Impact Fees are follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Impact Fee of Units unit per standard acre (acres) One bedroom $1,791,823 .0012 $2,150 I $2,150 Two Bedroom $1,791,823 .0095 $17,022 0 0 Three Bedroom $1,791,823 .0162 $29,028 I $29,028 Four Bedroom $1,791,823 .0248 $44,437 0 0 Total: $31,178 Amendments to the project shall include an adjustment to this impact fee according to the above schedule. Section 8: Landscape Plan The proposed landscape plan shall provide a number, type, and quality of plant material acceptable to the City Parks Department. Sufficient mitigation shall be provided, in a form acceptable to the City Parks Department, to offset the removal of existing trees on the site. The Landscape Plan sheet(s) of the Final PUD Plans shall include an acceptable tree replacement and mitigation plan with a signature line for approval by the City Parks Department. Tree removal mitigation shall be based on the valuation of existing trees to be removed. Tree Removal permits shall be obtained. New trees to be established within the Project shall be credited towards this valuation. The Parks Department recommends removal of the Spruce tree rather than relocation. The Subdivision/PUD agreement shall include provisions guaranteeing the successful implementation of the landscape and ongoing maintenance. Section 9: As en Consolidated Sanitation Distric The building permit application shall comply Consolidated Sanitation District. Following are sp project: I. If a back-up generator is used, compliance with fuel tank requirements will be necessary. . tVl I requirements of the Aspen . IC requirements applicable to this P&Z Resolution No. _, Series of2003. Page 5 2. Containment systems for glycol and hydraulic oils used for the car handling system are necessary. 3. ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. 4. If water is used to clean the garage, there will need to be floor drains. Floor drains will be connected to the sanitary sewer and will require an oil/sand separator. In case of a fire, the drains and oil/sand separator must be sized to accommodate fire flows. 5. The Project must adhere to the rules and regulations of the District and pay applicable fees. Section 10: Proiect Name The Project shall be renamed to avoid emergency service confusion. A new name shall be reflected on the Subdivision/PUD plans and agreements. Section 11: Subdivision & Final PUD Plans Within 180 days after final approval by City Council and prior to applying for a Building Permit, the applicant shall record a Subdivision and a Final PUD Development Plan. The Subdivision Plat shall comply with current requirements of the City Community Development Engineer and also shall include the following items: I. The final property boundaries and disposition of lands with appropriate property descriptions. 2. Easements and signature blocks for utility mains and transformers with signature blocks for utilities not provided by the City of Aspen. Easements for electric transformers. Transformers shall be located outside of the public right-of-way. An easement to access the mechanical equipment on the east side of the Hannah Dustin building may be necessary. 3. The applicant shall provide the final approved Subdivision line data or survey description data describing the revised parcel boundaries to the Geographic Information Systems Department prior to applying for a building permit. The final building location data, including any amendments, shall be provided to the GIS Department prior to issuance of a Certificate of Occupancy. The Final PUD Plans shall include: I. An illustrative site plan witl1 dimensioned building locations. Adequate snow storage areas shall be depicted. 2. A landscape plan showing location, amount, and species oflandscape improvements with an irrigation plan. 3. Design specifications for any improvements to public rights-of-way with profiles and drainage designs for any road/alley improvements. 4. An architectural character plan demonstrating the general architectural character of each building depicting materials, fenestration, projections, and dimensions and P&Z Resolution No. _, Series of2003. Page 6 . , locations of elevator shaft heads, skylights, mechanical equipment, etc. Mechanical equipment shall be screened from pedestrian view. 5. A utility plan meeting the standards of the City Engineer and City utility agencies. The City Water Department prefers one fire tap and one domestic service tap. 6. A grading/drainage plan with any off-site improvements specified. Any off-site improvements done in coordination with tl1e City Engineering Department and costs shall be prorated with other properties receiving such benefit. 7. An exterior lighting plan meeting the requirements of Section 26.575.150. Section 12: SubdivisionlPUD Agreement Within 180 days after final approval by City Council and prior to applying for Building Permit, the applicant shall record a Subdivision/PUD Agreement binding this property to this development approval. The Agreement shall include the necessary items detailed in Section 26.445.070, in addition to the following: I. A methodology of determining actual employee generation of the Project after one complete year of operation and the manner of providing mitigation of any additional employee generation. The project is providing housing for 4.75 employees. According to the City's requirement of providing mitigation for 60% of the employees generated, this housing mitigates a total generation of 7.9 employees. Additional mitigation shall be required for any actual employee generation in excess of7.9 employees. The methodology shall include an audit process and timeline, a method of selecting an auditor, the method of determining acceptable mitigation if additional employees are generated, and be acceptable to the Aspen/Pitkin County Housing Authority. 2. A traffic management plan describing construction hauling routes and methods to shuttle workers to the construction site. The City prefers the applicant use East Hyman A venue to Original Street as the primary hauling route. 3. Geologic and soils report describing ground water issues and methods of construction to be used to avoid adversely affecting neighboring properties and rights-of-way. Water rights may need to be obtained if dewatering operations remove groundwater. 4. In addition to the financial securities for improvements required by Section 26.445.070, the applicant shall provide to the City of Aspen a letter of credit, cash to be held in a City account, or other financial security executable through the period of construction and acceptable to the City of Aspen, to recover the construction site to a safe condition, including but not limited to, filling-in excavated areas if construction is discontinued. The securities shall be specified in the Subdivision/PUD agreement and payable upon building permit application. 5. An agreement to return the section of East Hyman Avenue to its intersection with Original Street, or other primary hauling route, to an acceptable condition after construction, as determined by the City Engineer. Subsurface work may be necessary. Curb and gutter work may be necessary. A final two-inch overlay may be necessary. P&Z Resolution No._, Series of 2003. Page 7 Section 13: Building Permit Requirements The building permit application shall include/depict: I. A letter from the primary contractor stating that the approving Ordinance has been read and understood. 2. A signed copy of the Ordinance granting final land use approval. 3. Payment for Parks and School impacts fees as specified herein. Financial securities as required in the Subdivision/PUD agreement. 4. A fugitive dust control plan approved by the Environmental Health Department which addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-needed cleaning of adjacent rights-of-way, and the ability for the Environmental Health Department to request additional measures to prevent a nuisance during construction. The applicant shall wash tracked mud and debris from the street as necessary, and as requested by the City, during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts. 5. A construction noise suppression plan approved by tl1e Environmental Healtl1 Department which includes the ability for the City to request additional measures to prevent a nuisance during construction. The applicant shall provide phone contact information for on-site project management to address construction impacts. 6. An estimated construction schedule with estimated schedules for construction phases affecting city streets and infrastructure. Street and alley closures shall be specified with provisions to maintain access to neighboring properties. Any street or alley closures shall require noticing emergency service providers, neighbors, tl1e City Streets Department, the Transportation Department, City Parking Department, and the City Engineering Department. (Estimated schedule to be distributed to above agencies.) 7. A construction management and parking plan meeting the specifications of the City Building Department. The plan shall demonstrate continuous emergency access to the site and neighboring properties and requires payment for street parking used during construction. 8. Tree removal permits for any regulated trees to be removed. The Parks Department recommends the Spruce tree be removed rather than relocated. 9. Structure must meet the energy code for the commercial area (com-check) and for the residential area (res-check). 10. Adequate access to the mechanical room must be shown. II. The requirements of the efficient building program for the residential units shall be fulfilled. 12. Disability access to the bathroom and the vehicle pickup area must be defined. 13. One fire sprinkler system is needed for the entire building. P&Z Resolution No. _, Series of 2003. Page 8 Section 14: Construction 1. No soil nails shall be used within public rights-of-way or utility easements. The City recommends soil hardening for these areas. 2. Building foundation footers shall not extend into the right-of-way. 3. Vehicles and material storage shall not block the alleyway. 4. Root barriers shall be installed around new trees to prevent future buckling of the sidewalk Section 15: Oueuing Vehicles along Hvman Avenue The parking garage operator shall not permit or encourage patrons to vacate their cars until those cars are fully located on-site within the designated entry/exit parking bays. The City may enforce this provision by appropriate means including, but not limited to, temporary or permanent revocation of the conditional use approval. Section 16: Condominiumization Condominiumization of the Project (after redevelopment) to define and redefine separate ownership interests of the Project is hereby approved by the City of Aspen, subject to recordation of a condominiumization plat in compliance with the current (at the time of condo plat submission) plat requirements oftl1e City Community Development Engineer. The Project developer shall have the right to condominiumize the affordable residential units under a separate condominium regime independent of other portions of the Project. Section 17: All material representations and commitments made by the developer pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Planning and Zoning Commission, or the Aspen 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 18: If any section, subsection, sentence, clause, phrase, or portion of tl1is Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. P&Z Resolution No. _, Series of 2003. Page 9 .,.~ o..,.J '""" APPROVED by the Commission during a public hearing on August 19,2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk C:\homelCurrent PlanninglCASESlPark _PlacelPZ _ Reso.doc P&Z Resolution No. Series of2003. Page 10 '. , EXHIBIT A Planned Unit Development (PUD) Review Criteria & Staff Findings Section 26.445.050, Review Standards: Final PUD Section 26.445.050 of the Regulations provides that development applications for Pinal PUD must comply with the following standards and requirements. A. General Requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. Staff Finding Staff believes that the proposal is consistent with many objectives of the Aspen Area Community Plan. The 2000 AACP endorsed tl1e following transportation policies and goals that have applicability to this project: . Limit traffic on Highway 82 into Aspen to 1993 levels. . Reduce internal flow of traffic within Aspen. . Hold the supply of public parking within the Aspen Community Growth Boundary to 1998 levels, with the exception of affordable housing parking. . Reduce automobile congestion in the downtown core, particularly in the evening and on weekends so as to foster economic sustainability. . Manage the supply of parking to limit adverse impacts of automobile use and to conserve land in the Aspen area. . Provide a wide range of flexible transportation management tools and techniques to reduce single-occupant automobile use. The Economic Sustainability Report (a follow-up to the AACP) recommended the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private and interagency partnerships for certain projects and moving forward on other that have already been approved. These include: 1) The Entrance to Aspen as approved in the CDOT Record of Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect for the four ski areas." Recent proj ects and planning efforts also affect this discussion. The Rio Grande Parking Garage was originally planned for an additional level below grade. This unbuilt level would have accommodated and additional 80 cars. The Independence Place Plaza project ("Superblock") was planned in this general area as an outgrowth of the 1986 parking study referenced in the application. 228 parking spaces were contemplated for the IPP project. Park Place Exhibit A Page 1 The "hold public parking" statement in the AACP seems to not support this (or any) additional parking. At the same time the "reduce congestion," "transportation management," "add more parking," and recent planning activities seem to support this concept of additional public parking. Staff believes parking, especially public parking, is an infrastructure necessary to the downtown shopping district. Staff does believe the parking garage proposal complies with the Aspen Area Community Plan. The Applicant has appropriately proposed to develop affordable housing well within the Urban Growth Boundary and in close proximity to the Commercial Core of the City as is consistent with the housing policies that are set forth in the AACP. In addition, the Interim Aspen Area Citizen Housing Plan states that citizen housing should be provided within the metro area and in close proximity to public mass transit as the proposed development is. Staff finds this criterion to be met. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. Staff Finding The immediate vicinity is comprised of commercial, mixed use, and multi-family residential buildings. The proposed parking garage will support these uses and the uses of the immediately adjacent downtown core. Staff finds this proposal consistent with the character of the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. Staff Finding Staff does not believe that the proposed development would adversely affect the future development of the surrounding area. Staff finds this criterion to be met. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding The Applicant has concurrently applied for a commercial GMQS allotment to construct the proposed commercial square footage. This request cannot be reviewed until after the application deadline of September 15th. This will occur prior to or as a condition of final PUD approval. Additionally, the Applicant has requested a GMQS exemption to construct the affordable housing units proposed within the development. Staff believes this criterion is being met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD ...The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional Park Place Exhibit A Page 2 / requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural and man-made hazards. c) Existing natural characteristics of the property and surrounding area such as steep' slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, traffic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff believes that the proposed height is appropriate given the heights of the surrounding structures. The parking garage facility is proposed at a height of thirty-five (35) feet to the top of the flat roof. The existing buildings that surround the site of the parking garage are built to a height of between thirty (30) and thirty-five (35) feet tall. Therefore, staff believes that the proposed height is compatible with the surrounding buildings. Additionally, the proposed FAR of 1.29: I is compatible with the neighboring buildings in that both the neighboring Benedict Commons Building and the Aspen Athletic Club Building that exists across the street contain greater than a 1: I FAR, with the Aspen Athletic Club Building containing a I: 1.82 FAR. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff believes that the proposed dimensional requirements for the parking facility structure are compatible with the surrounding properties. Several of the surrounding structures are built to a height similar to that of the thirty-five (35) feet proposed for the parking facility. Additionally, the PUD that would consist of both the existing Hannah- Dustin Building and the proposed commercial parking facility would provide a quantity of open space equal to that of the neighboring Benedict Commons PUD. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods of use, whenever joint use of common parking is proposed c) 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. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Park Place Exhibit A Page 3 '",,-...-' ',...' Staff Finding The Applicant has proposed to incorporate the required parking spaces for the affordable housing units within the parking facility. Therefore, staff has proposed a condition of approval that requires the Applicant to designate three (3) of the parking spaces within the parking facility for the affordable housing units. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: a) There is not sufficient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding The infrastructure capabilities are sufficient to accommodate this proposal. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical naturalfeatures of the site. Staff Finding No natural hazards or other conditions exist that would dictate such a reduction m allowable density. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specific area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified Park Place Exhibit A Page 4 ....,./ in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. Staff Finding Staff believes the proposed density is appropriate for the site and for the character of the immediate vicinity. Sufficient transportation infrastructure is a community goal expressed in the AACP and is necessary for continued economic health of the downtown. None of the physical characteristics of the site limit the allowable density (criteria 4&5) and the proposed density of compatible with the surrounding development pattern. B. Site Design: The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. Staff Finding No such characteristics of the site exist such that a change in the site plan would be necessary. 2. Structures have been clustered to appropriately preserve significant open spaces and vistas. Staff Finding No significant open space or vistas exist that would dictate a change in tl1e proposed site plan. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. Staff Finding The sidewalk improvements are needed in the area and positively contribute to the urban context in which this site is located. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. Staff Finding Proper emergency access will be maintained with this proposal. 5. Adequate pedestrian and handicapped access is provided. Park Place Exhibit A Page 5 ~.. ...rI' Staff Finding This criterion has been met. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact su"ounmngpropertie~ Staff Finding The City Engineer and the applicant have reviewed drainage requirements and believe this criterion is satisfied. 7. For non-residential land uses, spaces between buildings are appropriately de-signed to accommodate any programmatic functions associated with the use. Staff Finding No programmatic needs of the uses direct the design of spaces between the buildings. C. Landscape Plan: The purpose of this standard is to ensure compatibility of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with thefollowing: 1. The landscape plan exhibits a well designed treatment of exterior spaces, preserving existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. Staff Finding The proposed landscape improvements will significantly improve this site. The existing surface parking along Hyman Avenue detracts from the streetscape and provides no pedestrian accommodation. The proposal will amend this situation and complete a needed link in the pedestrian network. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding No predominant site features or landscape features exist that would require preservation through the construction phase. D. Architectural Character: It is the purpose of this standard to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is Park Place Exhibit A Page 6 ,~ , based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan and architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing of nearby historical and cultural resources. Staff Finding The architectural character of this proposal is adequate for the proposed use and for the immediate vicinity. The residential uses along Hyman Avenue provide some relief and architectural interest to the building. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. Staff Finding The proposed mechanical system provides an extremely efficient method of car storage. The system requires no internal ramping and no mechanical exhaust/venting. Staff believes the proposal, even considering the mechanics of the system, will require less energy and less land area than a conventional ramped and mechanically vented garage. 3. Accommodate the storage and shielding of snow, ice, and water in a safe an appropriate manner that does not require significant maintenance. Staff Finding The flat roofs essentially mitigate this concern. Some maintenance along the north side of the garage will be necessary, but within reason. E. Lighting: The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. All lighting is proposed so as to prevent direct glare or hazardous interference of any king to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up-lighting of site features, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Park Place Exhibit A Page 7 "'~..J Staff Finding The applicant has indicated full compliance with the City's lighting code will be achieved. F. Common Park, Open Space, or Recreation Area: If the proposed development includes a common park, open space, or recreation area for the mutual benefit of all development in the proposed PUD, the following criteria shall be met: 1. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's built form, and is available to the mutual benefit of the various land uses and property users of the PUD. 2. A proportionate, undivided interest in all common park and recreation areas is deeded in perpetuity (not for a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 3. There is proposed an adequate assurance through legal instrument for the permanent care and maintenance of open spaces, recreation areas, and shared facilities together with a deed restriction against future residential, commercial, or industrial development. Staff Finding No such common space has been proposed. G. Utilities and Public Facilities: The purpose of this standard is to ensure the development does not impose any undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with thefollowing: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately and where the developer is reimbursed proportionately for the additional improvement. Staff Finding The applicant will be required to provide service upgrades as necessary. An electrical transformer may be necessary. No City utility agencies have requested oversizing. Park Place Exhibit A Page 8 ,,<."",,", ....->' '...' H. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications): The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trail facilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through and approved private road, a pedestrian way, or other area dedicated to public or private use. Staff Finding Proper access is maintained to all lots and structures with this proposal. 2. The proposed development, vehicular access points, and parking arrangement do not create traffic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated . public trail casements and are proposed for appropriate improvements and maintenance. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public usc to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Staff does not foresee this proposal creating undue congestion on the eXlstmg road network. The number of expected trips is not expected to necessitate infrastructure improvements. The ability to stage up to 4 cars should alleviate queuing issues within H yman Avenue. Staff has included a condition requiring the operator to not allow cars to be left unattended within the right-of-way. No trail/bike path recommendations of the AACP or historic use patterns affect this site. This entryway has been properly designed. Staff believes these criteria have been met. 1. Phasing of Development Plan. The purpose of these criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individual phase are mitigated adequately. If phasing of Park Place Exhibit A Page 9 ."',,", "",...... "- ."" the development plan is proposed, each phase shall be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed to function as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment of impact fees and fees-in- lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordable housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding No phasing has been proposed. Subdivision REVIEW CRITERIA & STAFF FINDINGS Section 26.480 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. 1. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. 2. The proposed subdivision shall be consistent with the character of existing land uses in the area. 3. The proposed subdivision shall not adversely affect the future development of surrounding areas. Staff Finding See comments under PUD Section. 4. The proposed subdivision shall be in compliance with all applicable requirements of this Title. Staff Finding Staff finds this application in compliance with applicable regulations of the City, considering the proposed conditions of approval. B. Suitability of Landfor Subdivision Park Place Exhibit A Page 10 '-..., " a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Finding The land is suitable for subdivision. No natural hazards exist that affect the division of this land. The proposed subdivision provides an efficient use of land witl1 no unnecessary public costs. C. Improvements. The improvements setforth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of tile community. 2. The Applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. Staff Finding The Applicant has consented to install the required subdivision improvements that are applicable to this proposal as is detailed in the application. Staff finds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall he required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Finding The new dwelling units are affordable according to the City's regulations and IS m compliance with the Citys growth management regulations. E. School Land Dedication. Compliance with the School Land Dedication Standards setforth at Chapter 26.630. Park Place Exhibit A Page 11 " "'" , J Staff Finding School Impact Fees are assessed based on one-third the value of the unimproved land divided by the proposed number of residential units on a per acre basis. The City of Aspen verifies the unimproved land value of the lands underlying the Project to be 2,961,700 based on information from the Pitkin County Assessor. This represents $10,750,870 per acre. One-third of this value divided by the proposed 2 units results in a $1,791,823 per acre standard for calculating the impact fee. The subject subdivision is not conducive to locating a school facility and a cash-in-lieu payment shall be accepted. School Impact Fees are as follows, payable at building permit issuance: 1/3 land Land Per unit Number value per Dedication Impact Fee of Units unit per standard acre (acres) One bedroom $1,791,823 .0012 $2,150 I $2,150 Two Bedroom $1,791,823 .0095 $17,022 0 0 Three $1,791,823 .0162 $29,028 1 $29,028 Bedroom Four Bedroom $1,791,823 .0248 $44,437 0 0 Total: $31,178 Amendments to the project shall include an adjustment to this impact fee according to the above schedule. F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, ~ 2) Staff Finding The City cannot review the GMQS application until the September 15,2003, application deadline has passed. This is to ensure all applications for the year's allotment are reviewed and scored concurrently. The subdivision review is subject to successful GMQS review and the entitlement cannot be perfected without growth management allotments. Conditions of approval have been included to address this issue and staff believes the criterion has been met. Conditional Use 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the appropriate review board shall consider whether all ofthe following standards are met, as applicable. Park Place Exhibit A Page 12 1. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding See comments under PUD Section. 2. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposedfor development; and Staff Finding The proposal is expected to compliment uses and activities within the downtown vicinity. The proposed use and operating characteristics are compatible with the development pattern and character of the immediate surrounding uses. 3. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Staff Finding Staff expects off-site impacts will be minimal. The proposal is not expected to generate noise, trash, odors, vibrations, or have service deliveries that would be unexpected in this mixed-use area. Traffic and pedestrian circulation are improved with the proposal. Visually, the parking garage use has been masked with residential development along the Hyman Avenue fa9ade and will have appropriately-designed parking entrances along the street. Staff believes this design is sensitive to the surrounding properties and more than adequatel y minimizes the affects of the parking garage use. 4. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Staff Finding Sufficient infrastructure exists to accommodate the use. 5. The applicant commits to supply affordable housing to meet the incremental needfor increased employees generated by the conditional use; and Staff Finding The applicant is providing employee housing to accommodate the use. The Aspen/Pitkin County Housing Authority has reviewed the proposal witl1 their Board and has found the application providing employee housing in excess of the City's Park Place Exhibit A Page 13 requirements. An audit condition has been included to ensure adequate housing is provided in the case where current employee projections are exceeded. Rezoning Note: Requiredfor PUD Overlay. No change to underlying Office Zone is proposed. Section 26.310.040, Standards Applicable to Rezoning In reviewing an amendment to the official zone district map, the City Council and the Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions ofthis title. Staff Finding: The proposed PUD Overlay is consistent with the Land Use Code and does not represent any potential conflicts. The parking garage concept is unique and the PUD review process allows a broader discussion on the merits of such a proposal. The PUD Overlay also allows for the parcel to be split and the existing Hannah Dustin building to remain unaltered. Staff believes the PUD Overlay is appropriate and desired and is recommending approval. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding: Please refer to comments related to the AACP under the PUD section. In summary, staff believes this application is in compliance with the AACP. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding: No change to the underlying zoning is being proposed, only a PUD overlay. The Overlay provides for a greater discussion and involvement of neighboring property owners as to the compatibility of the proposed development. Staff believes the proposal meets this standard. D. The effect of the proposed amendment on traffic generation and road safety . Staff Finding: The PUD Overlay will not be increasing the allowable density of the parcel as the Office Zone District provides for the density being contemplated. A parking garage is a conditional use in this zone district and effects of traffic generation and safety are being addressed through the conditional use review and the PUD review. 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 snch facilities, including, but not limited to, transportation facilities, sewage Park Place Exhibit A Page 14 facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding: The utility and infrastructure needs for tl1e project have been addressed in the PUD application. Because of the location of the development and existing capacities, no significant up-grades are required to accommodate this development. Improved electrical service will be required and the upgrades will be paid for by the applicant and are not expected to be borne by the general public. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding: Staff believes the proposed zoning overlay and the proposed development do not represent adverse impacts upon the natural environment. Sufficient criteria to evaluate potential impacts on the natural environment are included as PUD criteria and the overlay actually ensures the community a greater degree of scrutiny. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding: The overlay requires a greater degree of review than would otherwise be required and compatibility issues regarding proposed heights, FAR, and the proposed parking garage use can be more thoroughly evaluated with the PUD overlay. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff finding: There has been a philosophical discussion in the past several years with respect to growth, affordable housing, preservation of rural lands, and the advantages of density within compact communities. Generally the current concept encourages higher densities within traditional townsites and preservation open and rural lands between city centers. This shift in philosophy can be seen in the Interim Citizen Housing Plan, the 2000 AACP, and in the reports and discussion of the Infill Program. This shift requires new thinking in relation to housing the automobile and private sector involvement in serving a strengthened market for convenient parking. At the same time, significant anxiety exists concerning increased building mass and intensity of land uses. Staff believes these conditions supports this overlay as it requires a more rigorous review and balancing of these 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 title. Park Place Exhibit A Page 15 ....~''- Staff Finding: The additional review and involvement of the neighborhood is in the public interest. The overlay does not grant the applicant any additional development rights or reliance. Staff believes this standard is met. Residential Design Standards This application fails to meet several of the Residential Design Standards. The practicability of applying these standards to such as development is difficult and staff believes the proposed development creates constraints and conditions not favorable to reaching compliance with all the standards. The following standards are not being adequately addressed: Secondary Mass - Requires a portion of the FAR be detached from the mam building. - Requires a porch be developed on the front fa9ade. - Requires 20% of the front fa9ade to be one story in height. Porch One Story Element Staff believes that compliance with these standards would detract from the project and that the combination of uses within the project dictates the architecture of the building. Staff believes the proposed architecture is appropriate and adequately provides a residential aesthetic on Hyman Avenue fa9ade on the upper levels of the building. Staff recommends tl1e residential .design standards be waived for this project and the architecture ~f the building be guided by the PUD standards. GMOSExemption for AH Section 26.470.070(J), Affordable Housing GMQS Exemption Section 26.470.070(J) oftl1e Regulations provides that, "All affordable housing deed restricted in accordance witl1 the housing guidelines of the City Council and its housing designee shall be exempt [from the GMQS scoring and competition procedures]." Review is by City Council. The section goes on to state that, The review of any request for exemption of housing pursuant to this Section shall include a determination of the City's need for such housing, considering the proposed development's compliance with an adopted housing plan, the number of dwelling units proposed and their location, the type of dwelling units proposed, specifically regarding the number of bedrooms in each unit, the size of the dwelling unit, the rental/sale mix of the proposed development, and the proposed price categories to which the dwelling units are to be deed restricted. Staff Finding The Applicant is proposing a total of two (2) affordable housing units that are to be deed restricted as a Category I-one bedroom rental unit and a Category 3- three bedroom Park Place Exhibit A Page 16 rental units. Staff feels that there certainly still is a need for the development of affordable housing in that we are still under the projected need of 800 to 1300 additional affordable housing units that is set forth in the 2000 Aspen Area Community Plan's Housing Policies. Staff believes the proposed site is located in an appropriate location for the development of affordable housing in close proximity to the commercial core and well within the Urban Growth Boundary as is mandated by the AACP. Additionally, the Housing Authority has reviewed the proposal and has indicated that units are consistent with the requirements of the affordable housing guidelines with respect to the size, layouts, and Categories proposed. Staff has included a condition requiring the developer to provide sufficient assurance to the City that these rental units will remain affordable considering the State Supreme Court's ruling in the Telluride affordable housing case. This has been accomplished in the past with other developments proposing rental affordable housing and is expected to be satisfied in this instance. Staff finds this criterion to be met. Park Place Exhibit A Page 17 ...".,....'-~^.-.-,..-,..~,'_.~..,".....'._"..~._----._-""_._"'-...<--~~ ,. -W~'l~\r ~ """"" MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseioad Coordinator Date: July 7, 2003 Re: Park Place Private ParkinQ Facilitv Attendees: James Lindt, Community Deveiopment Department Chris Bendon,Community Development Department Nick Adeh, Engineering Department Denis Murray, Building Department Brian Flynn, Parks Department John Niewoehner, Community Development Department Tim Ware, Parking Department Sarah Oates, Zoning Officer Jannetle Whitcomb, Environmental Health Stan Clauson, Planner Representing Applicant Brain McNellis, Planner Representing Applicant Peter Fornell, Applicant Jeff Halferty, Architect for Applicant At the July 7,2003 meeting, the Development Review Committee reviewed the following project: Park Place Private ParkinQ Facilitv: A private parking facility is proposed for 300 South Spring Street near the intersection of Spring St. and East Hyman Ave. The proposed garage will accommodate approximateiy 99 parking spaces and will have seven levels including three below grade. Besides the parking area and garage office, two apartments are planned for the second and third floors. This was the second DRC meeting for this project. The first DRC meeting was October 9, 2002. These minutes are not meant to duplicate comments from the October DRC. DRC COMMENTS 1. EnQineerinQ Department: . Due to past bad experiences, the City does not allow soil nails to extend into ROW or utility easements. Investigating the use of soil hardening techniques is recommended. . Street Impact Fee: At the time of the building permit application, a street impact fee will be accessed that accounts for the construction wear and tear on the streets. . The Engineering Department supports the Applicants plan to pave the alley as long as the alley improvements are engineered to accommodate drainage. . Traffic Management Plan: At the time of building permit application, a traffic management plan needs to be submitted that defines the construction hauling routes and methods to shuttle workers to the construction site. . Are there ground water issues? Groundwater could potentially increase the cost of construction and operation. Dewatering operations cannot pump groundwater out of the aquifer unless adequate water rights are obtained. Page 2 of 3 July 7, 2003 Park Place . Extensive geologic and soils are required to determine to determine whether groundwater issues exist and how the building can be constructed without adversely affecting adjacent properties and the ROW. . Building foundation footers cannot extend into the ROW. . Vehicles and materiai storage cannot block the use of the alley by emergency vehicles. 2. ZoninQ . There are questions regarding the floor area of the structure. The racks that support the cars are not real building floors but neither is the building an open shell. This is a question for P&Z to settle. The PUD can be used to define the floor area. . The applicant should use the PUD to request that the project be exempted from the City's residential design standards. . Parks and school impact fees will need to be paid for the affordable housing units. . The project needs to be renamed. There are too many places in Aspen with a similar name. 3. ParkinQ Department: . Prior to the start of the project the City needs to know the frequency and duration of street and alley closings. How will the project construction adversely affect the neighboring properties' access and parking? . The traffic management pian must describe how emergency vehicies will have continual access to the construction site and adjacent properties. In addition, parking spots on the street must be purchased for construction vehicles including worker's vehicles. 4. Parks Department: . Root barriers are to be placed around new trees to prevent future buckling of the sidewalk. . Parks Dept. recommends that the spruce tree be cut down instead of trying to transplant it. 5. BuildinQ Department: . Structure must meet the energy code for the commercial area (com-check) and for the residential area (res-check). . No access is shown to the mechanical room. . Must fulfill the requirements of the efficient building program for the residential units. . Disability access to the bathroom and the vehicle pickup area must be defined. . One fire sprinkler system is needed for the entire building. . As part of the lot split, it is advisable that the parking garage have the zero lot line setback instead of the neighboring building. 7. City Water Department: no comments at this time 8. Aspen Consolidated Sanitation District: (by phone) . Will there be a back-up generator? If so, there will be fuel tank issues. . There will need to be containment for glycol and hydraulic oils used for the car handling system. . ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. Page 3 of 3 July 7, 2003 Park Place o Will the garage be broom cleaned or cleaned with water? If water is used, there will need to be floor drains. Floor drains will be connected to the sanitary sewer and will require an oil/sand separator. In case of a fire, the drains and oil/sand separator must be sized to accommodate fire flows. o Project must adhere to the rules and regulations of the District and pay applicable fees. 9. Environmental Health: o The applicant needs to provide a construction noise suppression plan. o The Environmental Health needs to refine the expected trip generation numbers based on an improved understanding of the project. Preliminary estimates determined that garage would generate 952 trips per day. Vehicles trips cause air pollution. o The paving of the alley and the construction of sidewalks will help mitigate for the impacts of the vehicle trips resulting form the project. /DRC/ParkPlaceDRC#2 MEMORANDUM ~ TO: James Lindt, Community Development FROM: Cindy Christensen, Housing Office DATE: July 16,2003 RE: PARK PLACE PUDI707 E. HYMAN AVENUE REFERRAL 707 E. Hyman; Parcel ill # 2737-182-27-001 ISSUE: The applicant is requesting approval to subdivide four lots and develop a parking structure on two of the lots. BACKGROUND: The structure will be located at 707 East Hyman Avenue where there is currently an A-frame. The structure will accommodate 99 vehicles, contain a small office space and two deed restricted affordable housing units with a total of four bedrooms. Parking for the office and the residential units will be included as part of the commercial parking facility. According to Section 26.425.040E, Conditional Uses, the applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use. The applicant states that the facility will employ an average of five employees a year (a supervisor and a parking attendant at low season and a supervisor plus two parking attendants at high season X two shifts daily). There could also be the potential for a part-time bookkeeper/manager. Therefore, there could be a total of six employees. Sixty percent of the six employees would be a mitigation requirement of 3.6. The applicant is proposing to construct a one-bedroom unit in addition to a three-bedroom unit. These units mitigate 4.75 FTE's. The applicant is proposing that the one-bedroom be deed-restricted at the Category I rate and that the three-bedroom be deed-restricted at the Category 3 rate. The square footages for the units are as follows: One-bedroom 11rree-bedroom 675 square feet 1,682 square feet 4 The minimum square foot for a Category lone-bedroom is 600 square feet and 1,200 square feet for a Category 3 three-bedroom unit. The applicant exceeds the minimum square footages for the units being proposed. RECOMMENDATION: The Housing Board met on this issue on July 16 and approved the application with the following conditions: 1. The applicant shall mitigate housing for a total of 4.75 new employees based upon the applicant's needs. However, the applicant shall conduct an audit immediately after one full fiscal year of operation for the proposed parking structure under the following terms: . The applicant shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection ofthe auditor. . The applicant shall be fully responsible for all fees associated with retaining an auditor. Should the audit show an increase in the number of employees, over six FTE's, the applicant shall return to the Housing Authority under the following terms: . The applicant shall provide deed restricted, affordable housing for any additional employees of the new facility. . The applicant shall abide by the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time of the audit. 2. The applicant shall deed restrict the studio unit to a Category 1 and the three-bedroom unit to a Category 3. 3. The rental structure for the units shall not exceed maximum rental rate for a Category 2 unit and a Category 3 unit as specified above. 4. The employees to be housed in the deed-restricted units shall meet the qualification criteria contained within the Aspen/Pitkin County Affordable Housing Guidelines. 5. The tenants shall meet the minimum occupancy requirements for the units proposed. 6. The applicant shall agree to a structured deed restriction for the units such that I/I0th of I percent of the units is deed restricted in perpetuity to the Aspen/Pitkin County Housing Authority, or the applicant may propose other means that the Housing Authority determines acceptable. 7. The deed restriction shall be filed concurrently with the Certificate of Occupancy and shall state the following conditions for the units: a. The deed restrictions on the affordable housing units shall be in perpetuity to the rental price terms as defined in the Aspen/Pitkin County Affordable Housing Guidelines in affect at the time of Amended Approval of the Master Plan. b. The unit rental prices shall be no greater than allowed under the Affordable Housing Guidelines that are in affect at the time of Final Plat Approval. c. The Housing Office shall qualify all tenants under the Affordable Housing Guidelines. 2 ..". MEMORANDUM $ TO: James Lindt, Planner P" FROM: :::0 Sarah Oates, Zoning Officer RE: Park Place-Commercial Parking DATE: July 8, 2003 The applicant is proposing to subdivide one lot totaling 12,000 square feet into two 6,000 square foot lots which comply with the minimum lot size for the underlying Office (0) zoning. The applicant is proposing to maintain the Hannah Dustin office building on Lots A and B and build a parking garage on Lots C and D. Dimensional Requirements: The applicant is requesting variances from setbacks, height and floor area requirements. These variances will be handled through the PUD process. Due to the unique configuration of the parking spaces, the FAR should be defined and established through the PUD. Also, if the applicant shifts the lot line for UBC requirements, the minimum lot size for the RMFzoning must be varied as well. Residential Design Standards: As all residential development in the City of Aspen must meet the Residential Design Standards, the applicant should request to be exempt from these standards for the proposed affordable housing units. Impact fees: Park impact fees and school impact fees will be calculated and must be paid at the time of building permit issuance. Lighting Code: All exterior lighting must comply with Section 26.575.150 of the Land Use Code. Trash and Utility Service Requirements: Per Section 26.575.060 of the Municipal Code, all utility/trash service areas must be fenced, a minimum of fifteen (15) linear feet shall be reserved for box storage, utility transformers or equipment, or building access, and a minimum of five (5) linear feet shall be reserved for trash facilities. The applicant has not met this requirement but it may be varied via the PUD. \~ / Subdivision and Project Name: Due to life, health and safety issues, tl1e project and subdivision name must be changed. There are already several subdivision within the City and County which incorporation "Park Place" into their name and the emergency service require that new projects have distinguishable names to avoid confusion during an emergency. , o.r~ 1; C". ,/ " # To: James Lindt, Planner . -- From: Jinx Caparrella Electric Department RE: Park Place PUD - 707 E Hyman Ave. Date: July 14,2003 I have to talk to someone about the electrical needs at this location. It seems they want 3 phase and a voltage of 277/480. We do not have that voltage there at the site. They will have to buy a transformer of that voltage and provide an easement for the transformer. Depending on the size of the transformer they may have to buy two of them - one for the service and also a spare. o o Aspen Consolidated Sanitation District ~ ..e" Paul Smith * Chairman Michael Kelly * Vice- Chair ] ohn Keleher * Sec/Treas July 15, 2003 Frank Loushin Roy Holloway Bruce Matherly, Mgr James Lindt Community Development 130 S Galena Aspen, CO 81611 Re: Park Place PUD Dear James: The Aspen Consolidated Sanitation District currently has sufficient collection system and treatment capacity to serve this proposed project. Service is contingent upon compliance with the District's rules, regulations and specifications which are. on file at the District office. The applicant will be required to submit a detailed drainage plan for the District's review and approval. All clear water connections such as outdoor floor drains, roof drains, and perimeter drains are strictly prohibited. Sand and oil separators will be required for the parking garage plumbing plan and must be reviewed and approved by the District prior to construction. In order to protect the public collection system, all plans for soil nailing in the alley must be approved by the District prior to final design approval. A containment plan will be required for the use and storage of glycol and hydraulic oils. A tap permit can be completed as soon as detailed plans become available. The tap permit will estimate the total connection fees for the project. All fees must be paid prior to the issuance of a building permit. Please call if you have any questions. Sincerely, &-.-<A-- ~ ~ ~ Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611! (970)925-3601 ! FAX (970)925-2537 ~;fb~ I'" ....., '" - f~f~ Bd11 blr 12 LAW OFFICES OF HERBERT S. KLEIN & ASSOCIATES, P.c. HERBERT S. KLEIN hsklein@rof.net LANCE R. COTE * cote@rof.net MADHU B. KRISHNAMURTI madhu@rof.net 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (970) 925-8700 Facsimile (970) 925-3977 August 13, 2003 , -t'h ioO} , . also admitted in California Via Hand Deliverv City of Aspen Planning and Zoning Commission c/o Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Park Place Conceptual PUD, Subdivision, Conditional Use, etc. Dear Chris and Honorable Members of the Planning Commission: I am writing to you on behalf ofthe 700 E. Hyman Condominium Owners' Association (the "Association") concerning the Park Place Commercial Parking Facility application for a parking structure to be located at the corner of Spring St. and Hyman A venue. The Association has serious concerns about the adverse impacts that this project will have on the neighborhood and the City at large. The 700 E. Hyman Condominiums are located directly across Hyman Avenue from the proposed parking structure. Among the Association's concerns are the following issues: I. Traffic ImDacts. The application is devoid of any traffic study demonstrating that the traffic generated from a 99 space parking garage would not adversely affect the neighborhood. The proposed garage (to be constructed on a small 6,000 sq. ft. lot) will use an elevator to shuttle cars in and out of a 6 story building (3 floors below grade and 3 above grade). We can imagine the line-up of cars waiting to enter while the elevator makes its rounds and cars are pick-up and dropped off. The application indicates that this small site only has the capacity to queue four cars at one time. The location of this garage near the intersection creates questions about the potential for grid-lock, snarling traffic and blocking turning movements. The impacts of adding a large number of vehicle trips per day to this location needs to be evaluated before anfiiecision on this project is made. At the sketch plan review with the City Council, this concern was articulated and the applicant heard that a traffic study was necessary. The applicant has ignored this and simply states that the garage will not generate traffic since the traffic is already coming into town. However, its position misses the point. This facility will be a traffic magnet. New traffic, not presently heading for this neighborhood, will be drawn to this intersection. How many cars? We do not know. Will there be more cars than at present? Absolutely! - '-' ~....... ""'" City of Aspen Planning and Zoning Commission c/o Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department August 13, 2003 Page 2 Furthermore, with the project's primary intent of selling parking spaces, we have no idea how many spaces will be available for the public. One can easily imagine many vehicles lined up to park, but only a few spaces available for public use. Traffic circulation issues are of great significance in both PUD standards and a Conditional Use evaluation. The application is completely silent with respect to these concerns. 2. Environmental Oualitv. The noise and fumes from so many cars and resulting congestion is likely to degrade the environment in this block which is composed entirely of residential and office uses. High turnover retail uses are not present on this block and it has a quieter environment than the commercial core blocks to the west. Traffic on this block is mostly through traffic and not the result of destination uses present on the block. Placing a parking garage in this location will certainly increase air pollution, noise and fumes and their concomitant adverse health affects. Presently, there is no late night activity on this block. The parking garage will generate its adverse affects morning, noon and into the night.' How much noise does the elevator make? How much exhaust will the cars waiting to get in and out and backed up at the intersection generate? The residents of this block should not have to bear this burden. Nothing in the application addresses these concerns. No air quality studies are present. No noise studies. Only the applicant's glib statements that these problems do not exist. 3. Use of PUD Variations. The application seeks PUD designation so that underlying (0) office zone district requirements can be modified to accommodate the unique needs of this development, like greater lot coverage, floor area and height. Neighborhood compatibility of the proposed use and structure should be the paramount concern in any decision to grant the flexibility that PUD designation allows. So too must the application be exemplary and provide an overriding public benefit to justify the variations. It must be supportive of and further realization of community goals. At this point, we cannot imagine how this use could be deemed to be compatible with the adjacent and nearby residential and office uses. The application touts compatibility with the neighborhood of this single purpose monolith. We fail to understand how the applicant can make this assertion with a straight face. The neighborhood consists of residential and limited office uses. The parking garage will utilize half the length of its frontage as driving lanes and staging areas, blocking pedestrian use of the sidewalk. Cars lined up to get into the facility will further diminish the pedestrian and residential experience. The application attempts to justify this project's eligibility for PUD treatment because 18 years ago a parking study was done that favored a "super block" project that would have included some of the block that is on the other side of the alley from the proposed parking structure. That project was an 'It is curious that the application does not address hours of operation. We must assume that this operation will function 24x7. -. - /"" ....<,+#JI City of Aspen Planning and Zoning Commission c/o Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department August 13, 2003 Page 3 integrated development of City Market and the Bell Mountain Lodge properties. The existing City Market parking lot would have been incorporated into a new structure and a variety of uses would have been included in the development. The study proposed a 300 space parking facility that accessed from Original Street. That project did not happen. It is specious to assert that this parking structure is what was intended to be developed in that project or that the former study has any relevance to the current proposal. We also note that the study assumed that 20,000 square feet of new commercial space would be built annually and drove increased demand for parking. We do not believe that anywhere near that amount of new commercial space has been constructed. The PUD variations are sought so that this small lot can contain a large parking structure. An additional floor of height and almost twice the allowable FAR than what is allowed in this zone district (the Office zone has a .75/1 FAR - the application seeks 1.31/1) is sought. Based on the plans submitted, the gross square footage is about 16,000 square feet on a 6000 square foot lot! If this was an office building or a residential use, both of which are allowed by right, it is highly unlikely that any variations in height or FAR would be granted. Why then should a conditional use such as this be entitled to more? Also of great concern is that if this experiment in automated parking fails, what becomes of this building? What other uses and impacts will be created in the neighborhood when it is converted to some other use. What mitigation will the City be able to impose to address those impacts? The application asks the City to take a leap of faith, but provides absolutely no information about the economic viability of this use. Questions arise as to the fiscal impacts to the City. Ifmany spaces are sold, the public will have little opportunity to use these spaces. If few are sold, will the parking rate schedule be competitive with the City's? Will the parking structure survive? Ifit is able to compete with the City, will it divert funds to the private sector that now help to provide free bus service in town and subsidize the Rio Grande Parking Structure? What about the loss of sales taxes that might otherwise be generated from commercial uses of this property? What does the application say about these questions? Nothing. 4. This is not Infill. The application argues in several places that this project "furthers the goal of infill." This analogy to infill development is misplaced. The infill program is intended to provide for a mix of uses that will revitalize downtown. The proposed development is a parking garage (albeit with a few required affordable housing apartments). It is ironic that the poster child for the infill program was an undesirable use, e.g. a parking lot, and now the infill program is used as a justification to create another parking lot - and worse, a large parking garage. If the City rezones this block to C-l, as is suggested in the infill report, it is with the intention of fostering a mix of uses that generate sales taxes for the City and vitality for the core. The argument that this garage will take away so much business from the other, undesired parking lots, so they can be developed for commercial uses makes no sense. It is not supported by any information to support its theory. It is the current code requirements and --. .......,,'" - "'..,., City of Aspen Planning and Zoning Commission c/o Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department August 13, 2003 Page 4 exactions that make these parking lots unable to be redeveloped, not parking demand. If there were fewer people willing to pay for parking on them, they could still not be economically redeveloped. All we are getting here is another parking lot! Summarv. While we agree that people need a place to park their cars, this proposal is simply not compatible with the other uses on the block. Ironically, this development proposal perpetuates the current reality that the highest and best use for downtown property is parking. The proposed development could generate somewhere around $5-6 million in sales of parking spaces with no corresponding public benefits. Its suggested community benefits are speculative and based on an untested concept - that purchaser's of parking spaces will rent them out to the public when not used by them. The City should not permit this incompatible use, with its significant off-site impacts in this neighborhood. If the developer wants to experiment with downtown development, then perhaps a true mixed use project would be more appropriate here rather than a parking garage. Thank you for your consideration of our concerns. Very truly yours, HERBERT S. KLEIN & ASSOCIATES, P.C. By: / / ./ ~\." /~/// /' ~-;I ,,' ~ Herbert S. Klein sg\700 E Hyman Condo Assn\bendon-lt3 '_>'_'_' .. ._.~.,>,..... '__.'~_'_<'~~"_ " ,_.. ~~_~_'''''''''''_''''_''~'''-_'_'_._'-____''''''~'.,.~._",.,___..~..____~__._.._........._._..._k._..^_~___. ""...., ~ ~~~1We. 6 . -\ ~JI -* \ 1,IZ,cm 't 1?~ ~V\wJ..-. ~-- f- ~W\L. 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(13e-v\t;t'Lu1- Cwvwv'<!l'\."). ~ ~VU~ ~)D(~. - 3 y~- ) J/~ t1",~ "'- 1MO lc-/::r~u ~. ~ (111\ vJe: ttS~.f;y ~~- - ~ 1N,t:{~~ f~' &rvef7~ :}j~ W~, D -~. ~\~ \V~. }1~~J\ ~ ~~~ , , r I I I o I, I ( .. ...'"~>'"......_.....~,_..._--_..._.,.~-~~.."._- ,........ ........ r".....,. MEMORANDUM " ". To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Case load Coordinator Date: July 14, 2003 Re: Park Place Private Parkina Facility Attendees: James Lindt, Community Development Department Chris Bendon,Community Development Department Nick Adeh, Engineering Department Denis Murray, Building Department Brian Flynn, Parks Department John Niewoehner, Community Development Department Tim Ware, Parking Department Sarah Oates, Zoning Officer Jannette Whitcomb. Environmental Health Stan Clauson, Planner Representing Applicant Brain Pawl, Planner Representing Applicant Peter Fornell, Applicant Jeff Haiferty, Architect for Applicant At the July 9, 2003 meeting, the Development Review Committee reviewed the following project: Park Place Priyate Parkina Facility: A private parking facility is proposed for 300 South Spring Street near the intersection of Spring St. and East Hyman Ave. The proposed garage will accommodate approximately 99 parking spaces and will have seven levels including three below grade. Besides the parking area and garage office, two apartments are planned for the second and third floors. This was the second DRC meeting for this project. The first DRC meeting was October 9, 2002. These minutes are not meant to duplicate comments from the October DRC. DRC COMMENTS 1, Enaineerina DeDartment: . Due to past bad experiences, the City does not allow soil nails to extend into ROW or utility easements, Investigating the use of soil hardening techniques is recommended. . Street Impact Fee: At the time of the building permit application, a street impact fee will be accessed that accounts for the construction wear and tear on the streets. . The Engineering Department supports the Applicants plan to pave the alley as long as the alley improvements are engineered to accommodate drainage. . Traffic Management Plan: At the time of building permit application, a traffic management plan needs to be submitted that defines the construction hauling routes and methods to shuttle workers to the construction site. . Are there ground water issues? Groundwater could potentially increase the cost of construction and operation. Dewatering operations cannot pump groundwater out of the aquifer unless adequate water rights are obtained. . Extensive geologic and soils are required to determine to determine whether groundwater issues exist and how the building can be constructed without adversely affecting adjacent properties and the ROW. . Building foundation footers cannot extend into the ROW. . Vehicles and material storage cannot biock the use of the alley by emergency vehicles, Page 2 of 3 July 7, 2003 Park Place """ - " , " 2. ZoninQ . There are questions regarding the floor area of the structure. The racks that support the cars are not reai building floors but neither is the building an open shell. This is a question for P&Z to settle. The PUD can be used to define the floor area. . The applicant should use the PUD to request that the project be exempted from the City's residential design standards, . Parks and school impact fees will need to be paid for the affordable housing units. . The project needs to be renamed. There are too many places in Aspen with a similar name, 3. ParkinQ Department: . Prior to the start of the project the City needs to know the frequency and duration of street and alley closings, How will the project construction adversely affect the neighboring properties' access and parking. . The traffic management plan must describe how emergency vehicles will have continual access to the construction site and adjacent properties. In addition, parking spots on the street must be purchased for construction vehicles including worker's vehicles. 4, Fire Protection District: . The Applicant shall install a fire sprinkler system throughout the building that complies with NFPA-13, . The Applicant shall install a fire alarm system throughout the building that complies with NFPA-72. . The Applicant shall.l!l?!ell s1i'ndpipes, ,,.,1 b;\J\~, ~ \- ,v~"""'k i-- .u.... . The Applicant shall~an emergency access plan ~ Fire Marshal prior to the public hearing. . "'fJ"..;.:"") ~r au.e,t.. 'Q.... -l- f-l...L . The Applicant shall ~_' _ a ventilation plan :a 1.._..1 .. ~1l-lAe Fire Marshal prior to the public hearing. ...,~ - . . ~~1J.\~l,.r"""1\- \;W.\\ ~ H'VI~".( .., "'.. ,.,.1."....-..... ~.\\-+~ ~\,,~... >vI IloffJ......1e 5, Parks Department: f'l,.. pn'levli... c "rJ<:<;. ~ f"Z:~lAA:i""1 . . Root barriers are to be placed around new trees to prevent future buckling of the sidewalk. . Parks Dept. recommends that the spruce tree be cut down instead of trying to transplant it. 7, BuildinQ Department: . Structure must meet the energy code for the commercial area (com-check) and for the residential area (res-check), . No access is shown to the mechanical room. . Must fulfill the requirements of the efficient building program for the residential units, . Disability access to the bathroom and the vehicle pickup area must be defined. . One fire sprinkler system is needed for the entire building. . As part of the lot split. it is advisable that the parking garage have the zero lot line setback instead of the neighboring building. 8, City Water Department: no comments at this time 9, Aspen Consolidated Sanitation District: (by phone) ".,-=., /.'''", Page 3 of 3 July 7, 2003 Park Place ,.......,., "J . Will there be a back-up generator? If so, there will be fuel tank issues. . There will need to be containment for glycol and hydraulic oils used for the car handling system. . ACSD will need to review drainage plans to ensure that no storm water can enter sanitary sewer. . Will the garage be broom cleaned or cleaned with water? If water is used, there will need to be floor drains. Floor drains will be connected to the sanitary sewer and will require an oil/sand separator, In case of a fire, the drains and oil/sand separator must be sized to accommodate fire flows. . Project must adhere to the rules and regulations of the District and pay applicable fees, 10. Environmental Health: . The applicant needs to provide a construction noise suppression plan. . The Environmental Health needs to refine the expected trip generation numbers based on an improved understanding of the project. Preliminary estimates determined that garage would generate 952 trips per day. Vehicles trips cause air pollution. . The paving of the alley and the construction of sidewalks will help mitigate for the impacts of the vehicle trips resulting form the project. IDRC/ParkPlaceDRC#2 ~W\ Q+y1 "'CW'P"'" SUMMER TRAFFIC COUNTS Traffic counts were taken in the downtown from August 7th to August 10th. The following diagram compares the winter 1994 counts to the summer 1997 counts. Generally, traffic volumes increased considerably over the winter 1994 counts. Though direct comparisons can not be made between the two surveys, the increased volumes are likely partially attributable to general growth and to the fact that the downtown sees more traffic in the summer versus the winter. To validate these conclusions, traffic counts should be taken once again this winter. The Winter 1994 traffic counts were utilized in the transportation analysis of the downtown. The conclusions were that traffic volumes on Main Street and Durant warranted special pedestrian crossing treatments; the downtown grid was functioning effectively in evenly distributing traffic; and traffic volumes on the primary streets of the downtown, including Galena, Cooper, Hyman, Hopkins and Mill, were approaching a level where pedestrian safety and comfort could be compromised. The Summer 1997 counts reinforce these conclusions. Traffic volumes generally increased by 30% over the winter 1994 counts, and in some areas, particularly Durant and Original, increased by over 50%. Aspen Downtown Enhancement and Pedestrian Plan Addendum page 3 ,""'" "./ " ,# ~. /,,~/'~/ ~::-- Charlier Associates, Inc. . RECENEO ':3t.\l iJ ~ 1997 1881 Ninth Street, Suil~ ~~\+l B01.ll<ler, CO "",,~, E'lE\.CPMtN I COt.lt.lU1'lIi'i 0 80302 August 5, 1997 Bob Nevins City of Aspen 130 S. Galena St. Aspen, Colorado 81611 Dear Bob, Enclosed are the two documents that I faxed to you on Fnday, August 5,1997, This includes a spreadsheet with the summer 1997 traffic count data (weekday and weekend) and a map which compares the winter 1994 weekday counts vs. the summer 1997 weekday counts. Some important items to notice are as follows: . The number from the 1994 winter count on Cooper between Original and Spring is actually 3,300. not 8,300. . The Aspen St. numbers are not as high as we expected but still high for a local residential street. . The high numbers on Monarch St. are of concern due to the diversion that would be required for the addition of Light Rail on this street. . Highway 82 east of Original St. is not significantly higher in the summer than in the winter. This is interesting due to the fact that the pass is closed in the winter . A couple reasons for the significant differences in these comparisons are the seasonal differences and three years of growth. . Our suggestion is to duplicate the counts in February 1998 at the same locations as the summer counts, Another suggestion is to send this information to CDOT to help expedite the process of fixing your permanent traffic counter on Highway 82. If you have any further questions, please call Jim or myself. ~~ C\'i ~ C\'i D ~ s: :J o U U 4- 4- C\'i L. \- >; C\'i \:S ~ Q) Q) ;;: ~ ~ ~ .; tl 0 irl a .:;, ~ !Ci ,-: , --~ .. 0 , ;l 0 - . - . 00 L. Q) ~ s: ;;: IS) > L. Q) E E :J <S) s: Q) ~'7t'- 1C"'\ cr: C; \j J (;; C.~ <( ~.=. 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" 2 a '>1 - I;l ~ ~ , '" "0 a q ~ IS NUl\'\ n . . ; = " ~';;; () ::. :: j ct ~ ., <:.< >";' 0 " "" ~:l -n ~ s -~ ,;: )> ':.:; '.!;) r r\ 'n 'n \.J' :::1 ~--cs C\) ::s (j) c :3 :3 C\) l <::: CS\ =2: ::s ct C\) l ( :?: C\) C\) ^'" s:J..... ~ <:.< --\ l ~ -n -n () n o c ::s ct 'CJ ~ ct ~ 09/15/2003 14:31 17734852438 MIDAMERICAN ELEV PAGE 01 " ..... , , I SpaceSaver Parking companye September 4, 2003 City of Aspen, Colorado Pl~nnin~ and Zoning Board 130 South Galena Street 3'" Floor Aspen, Colorado 81611 Attn: Ladies and Gentlemen of the Board Subject: 707 East Hyman Ave. A ntomated Car Parking System Dear Ladies and Gentlemen, We have been asked to provide manpower requirements relative to the operation of our automatic car parking systems. Most systems that we have installed are being used by rcsidents or employees. \7,'hcn the users are penn anent there is no need to have attendants to operate the system. At best a person to contsct for minor mis-operations or assistance in replacement ofloSt cards is all that is required to operate the facility, However, in Instanbul, Turkey we have installed a facility that is used primarily by , tranSient parkers. Tins operaiioii.reqiilres ciSiiiersan'd a:rnaiJaieras'tbere are caSh transactions, lost card problems and ui general some assistance to those not being familiar 'with this type offacility. , Below is a table providing the manpower requirements for several automated parking facilities. to". , Facility/Location Usage No. of SDaces No. ofEmolovees Soaces/EmoJovee . Isntatibu!, Turkey Public 612 5 122 Duisberg, Getmany Employees 90 Contact Person 90 Summit Grand Parc Residents 74 Contact Person 74 , Wash. D.C. Hamill, Germany Employees 211 Contact Person 21l Wem. Austria Employees 80 CoD.fact Person 80 09/15/2003 14:31 17734852438 MIDAMERICAN ELEV PAGE 02 . ' "" ./ I h.op~ th~ abuv:: information is adcquaL:: lu auswC:1 )'ow ",meows. 'i~le resp:.Gd'ully ap:: available to assist you ~ith any further questions or information. Sincerely Yours, Spacesaver ~o., Inc. ~~~j?t= ~'Livingston V Genera! Mgr. 'cc: 7348 corrcspnda.ncc . , ~: .'.' " ."..: ," ",,\" On ,', ,_,'~ . ".' ......~. HOLT & ULLEVIG engineering paths to transportation solutions September 15, 2003 Mr. Stan Clauson, AICP, ALSA Stan Clauson Associates, LLC 200E. Main Street Aspen CO 81611 RE: Traffic Analysis Park Place Parking Garage FHU Reference No. 03-169 Dear Mr. Clauson: Felsburg Holt & Ullevig has prepared this letter to summarize the traffic impacts associated with the proposed 99-space Park Place Commercial Parking Facility (Park Place garage) to be located at 707 East Hyman Avenue in Aspen, Colorado. This letter summarizes the existing land use and traffic impacts associated with the small office building and parking area currently on the site, the existing traffic volumes on Hyman Avenue in the vicinity of the site, the number of trips forecasted for the proposed garage, and the traffic impacts to the adjacent streets associated with those trips. Existing Land Use Currently, the site consists of a 927 square foot A-frame office building and small surface parking lot that can accommodate approximately 15 vehicles. On a typical day, this lot is used to capacity. The Institute of Transportation Engineers (ITE) Trip Generation, Sixth Edition was used to forecast the existing daily and peak hour trips associated with the office building. The existing parking iot trips were estimated based on information provided by the City of Aspen for the Rio Grande Parking Garage. In that garage during peak times of the year, each space is used approximately 1.5 each day, with the peak demand occurring between 11 AM and 2 PM, which is outside of the morning and afternoon peak hours of adjacent street traffic (one hour between 7 and 9 AM and 4 and 6 PM). Since traffic impacts are typically measured during the peak hour of street traffic, it was estimated that approximately 15 percent of the total daily traffic would occur during those morning and afternoon peak periods. These characteristics were applied to the existing surface lot on the site. Table 1 shows the number of daily and peak hour trips currently associated with the site. As the table indicates, the existing land uses on the site generate approximately 85 daily trips, 12 AM peak hour trips, and 12 PM peak hour trips. 303.721.1440 fax 303.72i.0832 tbu@fhueng.com Greenwood Corporate Plaza 7951 E. Maplewood Ave, See, 200 G(eenwood Village, CO 80111 ,"-"'" September 15, 2003 Mr. Stan Clauson Page 2 Table 1 Existing Trips Generated by the Site js;~!:~fR*Ii'i'X~,:PM:'~~aklt1C{~;'f:~~&~f~~~Jt~~~;. , Total: ~lribo'uYld: c:OLitbO'u'nd, Ih6'oLiiid: i Ou"bo~uild; 4 1 6 1 10 2 5 7 12 1 2 3 4 5 9 Existing Traffic Volumes Traffic volumes on East Hyman Avenue in the vicinity of the site were obtained from the City. Summer counts were conduced in 1997 and winter counts were conducted in 1994. These counts were factored to 2003 conditions based on the traffic growth factor calculated by the Colorado Department of Transportation (CDOT) for Original Street (SH 82) immediately east of the site. Based on this factor, Hyman Avenue currently experiences approximately 3,500 vehicles per day (vpd) in the summer and approximately 2,300 vpd during winter. The summer volume on Hyman is1 ,700 to 1,900 vpd lower than the summer volume on either Cooper Avenue (4,900 vpd) or Hopkins Avenue (4,700), one block north and south of the site, respectively, and is approximately 3,000 vpd lower than the volume on Durant Avenue (6,500 vpd), two blocks north of the site. All four streets appear to have similar mixes of commercial and residential land use. Thus, it appears that Hyman currently experiences traffic volumes that are somewhat lower that the typical volumes on other local streets in the downtown area. Proposed Land Use As proposed, the site would be developed as a 99-space garage, with two affordable housing units. The garage is consistent with the land use identified for the site in the Aspen/Pitkin County Transit/Transportation Development Program, 1986-2000 (Leigh, Scott & Cleary, 1986), which identified a 300-space parking garage for the site. To maximize space usage, a mechanical system would be used to park cars. Drivers would park their car on one of two mechanical lifts, exit the car, and the lift would move the car into an available spot. Table 2 summarizes the trip forecast with the proposed land uses. ITE Trip Generation, 6th edition was used to forecast trips associated with the affordable housing. As for the garage, based on our understanding of the operation, all of the garage spaces would be available for purchase or long-term rental by local residents. It was assumed that approximately 20 percent of the spaces would be used by part-time local residents to store their vehicles when out of town and thus would generally be unavailable for use on a daily basis. The remaining 80 percent (80 spaces) would be used on a daily basis by local residents, merchants, employees, and visitors. These daily spaces would be in a manner similar to the Rio Grande garage; i.e., each space used approximately 1.5 times each day, with approximately 15 percent of the daily demand occurring during the moming and afternoon peak hours of the adjacent streets. Based on these September 15, 2003 Mr. Stan Clauson Page 3 assumptions, the proposed land uses would generate approximately 250 daily trips, 37 AM peak hour trips, and 37 PM peak hour trips. Table 2 Proposed Park Place Trip Generation ..b Dally' F' ' ,~-" .:AMif',~ak'::tl~"ijl';~~~i,tr~~( ~I~ti'-~rJifi:~M'-:J:tEi~'k:Lt"o_4r;'~Ei:;~!E~ii,;>:~;,{\ t:iri~~~~~ .tlal'~" Inbound"i,Outbourid~.,,:riila'l~ ,;lriboLi'i!d4 "tOulbound C 10 1 0 1 1 1 0 240 36 29 7 36 11 25 250 37 29 8 37 12 25 Traffic Impacts Table 3 summarizes the net trips generated by construction of the Park Place Garage. These trips represent the trips generated by the garage, minus the existing trips from the site. The total represents the new trips that would be added to Hyman Street. However, it should be noted that these trips are not new trips to the downtown Aspen area, but rather represent existing traffic that currently uses other p<lrking locations. In fact, construction of the garage may result in a minor reduction in overall traffic in the downtown area, because some of the vehicles that would use the garage currently circle the area in search of on-street parking. With the new facility, these vehicles would drive directly to the lot and be removed from circulation. Table 3 Net Trip Generation from the Park Place Site Pro osed Park Place Gara e Existin Site Land Uses Net Total Trips ~ff;#~j{L 250 85 165 ~,;l'i;~R~!t'c,AM;,E1,~af(iflour;~iJ)ili'~~~l~~f~~~e.MJ..t'~a~fl,o'i.i'r21>";,~:,:~ iIlliaf'::ri'\boliriai!;fqUtDouiid~ fiT~liil)) i:;lnl):c.'!1riq1!~9uJ!ioiindt 37 29 8 37 12 25 12 10 2 12 3 9 25 19 6 25 9 19 As the table indicates, Hyman Street in the vicinity of the site would experience approximately 165 additional daily trips as a result of the Park Place Garage. This represents a five percent increase over the existing daily traffic volume on that block. The total daiiy traffic volume of 3,665 vpd on Hyman Street would still be approximately 1,235 vpd less than the daily volume on Cooper Avenue and 1,035 vpd less than the daiiy volume on Hopkins Avenue, one block north and south of the site, respectively. Therefore, the parking garage would not change Hyman Street's character as a lower volume local street in downtown Aspen. ...."'.... '-. September 15, 2003 Mr. Stan Clauson Page 4 ,"" .'> Queuing The estimated total time required to park each car using the lift system would be approximately 90 seconds (from the time the vehicle drives onto the lift to the time the lift returns for the next vehicle); thus, with two lifts a total of 80 vehicles could be parked each hour (3,600 seconds/hour / 90 seconds/vehicle * 2 lifts" 80 vehicles/hour). A waiting area with room for four vehicles would be provided on the site for vehicles entering the garage and waiting for the lift. To minimize queuing, these entering vehicles would be given priority with the lifts, and drivers would pay upon exiting. Based on projected peak period arrival rates' and the lift processing time, during the morning and evening peak hours of adjacent street traffic the maximum queue at the lifts would be two vehicles, which would be contained within the four-car storage area. During the busiest hour of the day (mid-day peak) during the busiest time of year, it is estimated that a maximum of half of the daily spaces (40 spaces) would turn-over (40 trips in, 40 trips out). During these periods, the maximum queue would be 4 vehicles, which also would be contained within the site. Conclusions Based on the results of the analysis, the proposed Park Place garage would generate approximately 165 net daily trips from the site. This represents a five percent increase over existing daily traffic volumes on that block of Hyman Avenue, but still would result in total daily traffic volumes there that are significantly lower than the adjacent local streets. The garage could also result in a lowering of overall downtown Aspen traffic by reducing the number of vehicles circulating for on-street parking spaces. Peak period queuing by vehicles entering the site would be contained within the waiting area provided on site. I trust this information is sufficient for you to make an informed decision on traffic impacts associated with the project. If you have any further questions, please call. Sincerely '-'"" Operations Prospectus Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible. Part-time residents and locals living on the outskirts of town or in more rural regions need to have available parking for many of their day-to-day needs. Particularly fur visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently full during the mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their lots on and off the rental pool with little notice. The spaces will be condominiurnized in order for owners to hold equity and not simply spend money on parking. There is every expectation that they will gain in value, since they will earn income. This income may increase over time with parking fee increases and increased demand. The following information is intended to assist in reviewing the operational characteristics, as well as the community value inherent in providing this facility. Comoonents of the Facilitv The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc. The employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility. Use of Soaces Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production fur each owner. ~-, Operations Prospectus Page 2 This will be addressed in the owner's covenants, but in order to have as many spaces serve the public as possible, an owner will generally be required to lease the space when not using the facility. The implementation of this plan will involve a computerized inventory ~y~tem_ Under thi~ ~y~tem, the owner'~ vehicle will be ~canned with a bar code in order to maintain location of inventory for arrival and departure. If an owner's vehicle has not been scanned in for 3 calendar days, their space will automically be entered into the public parking pool. Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrival. However, the requirement is placed on the owner to reserve their use and the system makes it available all other times. It is also important to note that the management intends to retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will be a descending hourly rate. During the shoulder seasons, the plan is to sell single parks in order to encourage persons to park and leave it all day, i.e., come in the morning and leave it till the end of the day for one price so long as they exit only once. Longer rentals such as weekly and montWy will not be permitted since it could end up as simply a holding area for cars and it is conceivable that all 80 space owners could come on any particular day limiting public usage. Hours of operation should be sufficient to service all guests/owners. However, when demand is not sufficient to staff the facility, it will be closed. By observing activities on the streets, management anticipates closing between the hours of 1 :00 a.m. and 7:00 a.m. Hours may be more limited during lower season times but should never extend past these hours of operation during high season. Owners and users will be required to anticipate closures in order to use their vehicles. Parkin!!: Tvoes The different types of parking available to the public should include the following: . Hourly. There will be an hourly price schedule, although this is not the most desirable method for Park Place. It will be more than double than the street parking for the first 2 - 3 hours to discourage such usage. Hourly rates will be descending over time in order to encourage users to take advantage of longer stays. (I.e., 6 - 8 hour periods.) . Daily. Daily rates for parking will be the preferred method of usage. Examples of this include day skier parking, day business parking, and night dining/shopping parking. The descending rate over time for parking facilitates this. ."'" Operations Prospectus Page 3 . Off-season. During times oflow and off seasons, the intent of management is to offer an opportunity to purchase a one-time park for the day. It will mirror downtown fates for leaving a car on the street all day and allow one entry and exit for a fixed price of up to 11 hours or from 7:00 am till 6:00 pm. This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core. Owners Association As soon as a specific number of spaces were sold, there would be an association created for owners who would pay a quarterly fee for building maintenance and other necessary expenses. It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces fmding the return on investment to be competitive or exceeding current yields on other investments. Mana!!ement of buildilll~ bv the develooment !!rouo At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business. It is expected that fees in the range of25% of income would be appropriate. Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. The vast majority ofthe costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated. With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group. Reolacement of the develooment !!rouo It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility. Any conditions imposed relative to the operation of Operations Prospectus Page 4 the facility would be assumed by subsequent owners ofthe management group or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit. Potential Investors and Users For any investor who may be interested in spaces purely from the prospective of return on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually. First, there will be a percentage ofthe spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. Finally, there will be the investorlbuyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion. Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 ofthe annual revenues. ..... LAW OFFICES OF HERBERT S. KLEIN & ASSOCIATES, P.c. HERBERT S. KLEIN hsklein@rof.net LANCE R. COTE * cote@rof.net MADHU B. KRISHNAMURTI madhu@rof.net 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (970) 925-8700 Facsimile (970) 925.3977 September II, 2003 '* also admitted in California Via Hand Deliverv City of Aspen Planning and Zoning Commission c/o Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, CO 81611 Re: Park Place Conceptual PUD, Subdivision, Conditional Use, etc. Dear Chris and Honorable Members of the Planning Commission: I am again writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the "Association") concerning the Park Place Commercial Parking Facility application for a parking structure to be located at the corner of Spring St. and Hyman Avenue. At the last Planning Commission meeting, the applicant provided a report on the noise associated with the parking apparatus and a traffic study. Although the public hearing was closed, given the new information provided, we believe it is appropriate for the Commission to consider our comments on these reports. 1. The Noise Report. The applicant submitted a noise study dated Aug. 27, 2003, from Gary Ehrlich, Senior Acoustical Engineer. The report was done on, what we are told is, the only other facility in the U.S. using this technology. The equipment was located in a private parking garage and sound measurements were taken near the garage overhead door. The equipment was operated without any cars on the lift. On the last page of the report it states: "It can also be seen that the sound level in the garage was typically between 50 and 65 dBA, and occasionally reached 70 to 80 dBA." These sound levels exceed the maximum sound levels for this zone district allowed under the City's Land Use Code ("Code"), thus, this project cannot be approved. The relevant Code provisions are found in Article 18 (the "Noise Ordinance"). Excerpts of these sections are attached. Section 18.04.040 limits the maximum allowable noise in the Residential land use district (defined by Sec. 18.04.020(cc) as including the Office zone) to 50 dBA between the hours of 10:00PM and 7:00AM and 55 dBA between the hours of7:00AM and 10:00PM. So when the report says the sound level is "typically between 50 and 65 dBA," it is saying that the garage will typically violate the Aspen Municipal Code noise ordinance! When the report says the noise levels "occassionally reached 70 to 80 dBA," it is saying that occasionally the noise reached levels that are ,..... City of Aspen Planning and Zoning Commission c/o Mr. Chris Bendon, Senior Planner City of Aspen Community Development Department September 11, 2003 Page 3 turn. The entrance is close to the intersection and when cars are backed up at the entrance, these vehicles waiting to enter will block traffic coming on to Hyman Avenue. The report attempts to evaluate queuing and states that the time required to park each car is 90 seconds ".from the time the vehicle drives onto the lift to the time the lift returns for the next vehicle," However, this does not take into account the'time it takes to unload people, skis, kids, etc., nor the time it takes to check in or to retrieve forgotten items. These activities are clearly part of the calculus of the time it takes a car to enter and clear the queuing area, but are totally ignored by the report. We estimate that these activities will take three to five minutes, depending on how busy the attendant is. Thus, the total time is more like five to seven minutes per car, not 90 seconds. The report suggests that payment will occur on pick up, however, that takes time as well and when the four spaces needed for queuing vehicles entering are full, cars cannot leave. The report also assumes that 80% of the users will be members of the public, not owners of the spaces, and that they will be parking for long periods of time, thus reducing the number of operations and the traffic generation of the facility. The applicant has not proposed a method of , assuring 80% public use, only that it will sell spaces for over one-hundred thousand dollars and try to allow for public use when those spaces are not being used. At those prices, we can confidently assume that the buyers are not going to sacrifice their ability to use the spaces whenever they want in order to gain a few dollars per hour of parking revenue from public use, which income, is likely to be exceeded by the cost of tax accounting for these meager sums. The notion of long term use of the facility is not supported by any facts. These assumptions of the report are critical to its analysis and are simply made up, having no reliable foundation. We have previously expressed grave concerns about the location of this garage near the intersection and its potential for grid-lock, snarling traffic and blocking turning movements. The report has not alleviated these concems and its failure to account for the interference with existing traffic flows by tuming movements, the actual time needed by each parking operation, unsupported assumptions about the composition of users and the length of parking stays, renders its conclusions erroneous. Thank you for your consideration of our concerns. Very truly yours, HERBERT S. KLEIN & ASS~IATES, P.C. '" ..../''''' By: ag;:;2y~ '~H ert S. Klein 700 E Hyman condo assn\bendm-Lt4a.wpd ---------~- --r----.;. r<Lge j or j ........ Remove highlighting. Chapter 18.04 NOISE ABATEMENT*1 *2 Section 18.04.010 Declaration of policy. The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and to its visitors. Noise has an adverse effect on the psychological and physiological well-being of persons, thus constituting a present danger to the economic and aesthetic well-being of the community. Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels. (Ord. No. 2-1981, 91: Code 1971, 916-1) http://www.ordlink.com/cgi-binlhilite.pl/codes/aspen/ _ DA T AfTitle _18/04/01 O.htrnl ?noise 9/4/2003 ~__n~..... .....v. ,............v ,v u.......UU<.L.lU.;l u.PPUl..-U.VJ.I..- LV a..u. I..>UaUlllUll<:.11 USt:S. J:'age 1 of 1 ,..... Remove highlighting. Chapter 26.425 CONDITIONAL USES Section 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes. goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding iand uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C, The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including vi Imp ts, impacts on pedestrian and vehicuiar circulation, parking, trash, service deliv ,noise, vi ations and odor on surrounding properties; and D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks. police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and E. The applicant commits to supply affordabie housing to meet the incrementai need for increased employees generated by the conditional use; and The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage. off-street parking and other similar design features, the construction of public facilities to serve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. . , http://www.ordlink.com/cgi-bin/hilite.pl/codes/aspen/_DATAlTitle_26/425/040.html?noise 9/4/2003 c ~ SpaceSaver Parking CompanyC September 4, 2003 RECEIVED SEP 1 6 2003 lJUILDlPJ^ AS/'l:.fV 'IU DEPAJm.err City of Aspen, Colorado Planning and Zoning Board 130 South Galena Street 3rd Floor Aspen, Colorado 81611 Attn: Ladies and Gentlemen of the Board Subject: 707 East Hyman Ave. Automated Car Parking System Dear Ladies and Gentlemen, We have been asked to provide manpower requirements relative to the operation of our automatic car parking systems. Most systems that we have installed are being used by residents or employees. When the users are permanent there is no need to have attendants to operate the system. At best a person to contact for minor mis-operations or assistance in replacement of lost cards is all that is required to operate the facility. However, in Instanbul, Turkey we have installed a facility that is used primarily by transient parkers. This operation requires cashiers and a manager as there are cash transactions, lost card problems and in general some assistance to those not being familiar with this type offacility. Below is a table providing the manpower requirements for several automated parking facilities. Facilitv/Location Usage No. ofSvaces No. ofEmvlovees Svaces/Emvlovee Isntanbul, Turkey Public 612 5 122 Duisberg, Germany Employees 90 Contact Person 90 Summit Grand Parc Residents 74 Contact Person 74 Wash. D.C. Hanau, Germany Employees 211 Contact Person 211 Wein, Austria Employees 80 Contact Person 80 820 North Wolcott Avenue' Chicago. Illinois 60622 . 773486-6900 Fax 773 486-2438 o o I hope the above information is adequate to answer your concerns. We respectfully are available to assist you with any further questions or information. 0., Inc. ..#= cc: 7348 correspndance 'SEP. 2.2003 3:S6PM 00 E MAIN ST ASPEN CO USA NO. 357 P.2 '" - , .- -ril FELSBURG ,..HOLT & ULLEVIG < - - engineering paths 0 transporwtion ,olutions ~ tS +.h ~\J lSt ()/\ 1)06 wk ~~R . ~~ .k ~W\~v\ t/\fI^\V\;wv-.\ \~~ ~ '%fr:eef'" _ August 28, 2003 Mr. Stan Clauson, AICP ALSA Stan Clauson Aseoclate , LLC 200E. Main Street Aspen CO 81611 RE: Traffic AnalysiS Park Place P. nil Garage FHU Reference 0.03-169 Dear Mr. Clauson: Flllsburg Holt & Ullevlg as prepared this letter to summarize the traffic Impacts associated with the proposed 99-spaca ark Place Commercial Parking Facility (Park Place garage) to be loCAted at 707 East H n Avenue in Aspen, Colorado. This letter summartzes the existing land use and trefflc 1m.. ~... .:..;;;;;:lated with the small office building and parking area currently on tile site, the exlstlng mc volumes on Hyman Avenue in the vicinity of the site. the number of trips forecasted for th proposed garage, and the traffic impacts to the adjacent streets associated with those 9. Existing Land Use Currently, the site consi ts of a 927 square foot A.frame office building and small surface parking lot that can a modate approximately 15 vehicles. On a typical day, this lot Is used to capacity. The Instl of Transportation Engineers (ITE) Trio Generation, Sixth Edition was used to forecast the ex! ng daily and peak hour trips associated ~th the office building. The !,xisting parking lot trips ere estimated based on information provided by the City of Aspen for the Rio Grande Par1<lng arage. In that garage during peak times of the year, each space is ,used approximately 1.5 ac;h day;witI:t the peak demaRd occurnl1g between 11. AM-and 2 PM. which is outside of the omlng and ~ernoon peak houl'$ of adjacent street traffic (one hour between 7 and ~ AM a 4 and 6 PM). Since traffic impii!l~ are typically measured during the peak hour of street , It was astlmated that approximately 15 percent of the total dally traffic would occur durlng tho momlng and aftemoon peak periods. These characteristics were applied to the existing rface lot on the site. Table 1 shows the num r of dally and peak hour trips currently associated with the site. As the table indicates, the exl ng land uses on the site generate approximately 105 dally trips. 12 AM peak hour trips. and 1?, M peak hour trips. 303-7:1.),1440 flll< 303.7Z1.0632 t'huOfhueng.com Greenwood Corpo.... Plaza 7951 E. MaplowOod Ave. Ste. 200 Greenwood Village, CO 80111 SEP.;.~~~;-'-~~~~PM --- ~0~'~-~AIN ST AS~~'~O USA I I NO. 357 P.3 - - August 28. 2003 Mr. Stan Clauson Page 2 I ~"'d,UH Existing rip. Generated by the Site , ',',' AM Peak Hour'" Table 1 :rOllil 5 7 1:l Inbound, 4 6 10 O.lltbOllnd 1 1 2 ,PM~HJt ,lI'oll!1 "lllbou"d 5 1 7 2 12 3 our, utbound 4 5 9 Existing Traffic Volum Tra1'IIc volumes on East yrnan Avenue In the vicinity of the site were obtained from the City. Summer counts were duced in 1997 and winter counts were conducted In 1994. These counts were factored to 003 conditions based on the traffic growth factor calculated by the Colorado Department 0 Transportation (COOT) for Original Street (SH 82) Immediately east of the site. Based on this ctor. Hyman Avenue currently experiences lIpproximately 3.~ vehicles per day (vpd) i the summer and approxlmataly 2.300 vpd during winter. The summer volume on Hyman is1.7 0 to 1.900 vpd lower than the summer volume on either Cooper Avenue (4.900 vpd) or opklns Avenue (4.700), one block north and south of the site. respectively. and is app x1mately 3.000 vpd lower than the volume on Durant Avenue (6.500 vpd), two blocks north the site. All four streets appear to have similar mixes Of commercial and residential land us Thus. it appears that Hyman currently experiences traffic volumes that are somewhat lower th the typical volumes on other local streets In the downtown area. Propoud Land Use As proposed, the sit.. v,,' ..,.. ~~ ":~v,":oped as a 99-space garage, with two affordable housing units. The garage is sislenl with the land use Identified for the site In the AspenlPitkin County TransitlTransp tion Development Program, 1986-2000 (Leigh. Scott & Cleary, 1986), which Identified a 30 ce parking garage for the site. To maximize space usage. a mechanical system wo d be used to pari< cars. Drivers would park their car on one of two mechanical lifts. exit th car. and the 11ft would move the car into an available spot. Table 2 summart/:e&..th trip Jore.cast with the proposed land L!Ses. -ITE Trio Generation,.et" edition was used to fo 5t trips associated with the affordable housing. As for the garage, based on our understa ing of the operation, all of the garage spaces would be available for purchase or long-term ntal by local residents. It was assumed that approximately 20 percent of the spaces would be by part-time local residents to store their vehicles when out of town and thus would genera be unavailable for use on a daily basis. The remaining 80 percent (80 spaces) would be used a daily basis by local residents. merchants, employees,and visitors. These daily spaces wo Id be in a manner similar to the Rio Grande garage; I.e., each space used approximately 1. time each day, with approximately 15 percent of the daily demand occurring during the m i~g and aftemoon peak hours of the adjacent streets. Based on these . , SEP. 2.2003 *00 E MAIN~T ASPEN C~~~~~"'" , ....... 3:57PM NO. 357 P.4 - August 28, 2003 -- Mr. Stan Clauson Page 3 assumptions, the propo ed land uses would generate approximately 250 dally trips, 37 AM peak hour trips, and 37 PM P ak hour trips. Tabl1l2 Propose I Park Place Trip Generation " , " , " ' , Dally,;' AM Peak' Hour ."~ !;;r :e!P..k Hour. I' '. l-iind Use " ,. 511, .~1'. ,,', ' i; ,~I .' T.rips Total InbllluiKI Outlifiurld lotal Inllound Outbo\lnd; " Affordable HouslM 2 nlt8 10 1 0 1 1 1 0 parklno Lot 81 Soaces 240 36 29 7 36 11 25 T otel TrillS 250 37 29 8 37 12 as , Tr~c Impacts ... .... -. .. ... Table 3 summarizes th net trips generated by construction of the Park Place Garage. These trips represent the trips enerated by the garage, minus the existing trips from the site. The total represents the ne trips that would be added to Hyman Street. However. It should be noted that these trips a not new trips to the downtown Aspen area. but rather represent existing trafflc that cu tIy uses other parking locations. In faet, construction of the garage may result In a minor uetlon In overall traffic in the downtown area, because some of the vehicles that would use e garage currently circle the area In search of on-street parking. With the new facility, these V hlcles would drive dlreetly to the lot and be removed from circulation. T.bla 3 unci 25 9 19 enaratlon from the Park Place Site ,,' "PM P.,k Total 'Inbound 37 12 12 3 25 9 , ,,,.. ~ '\ J Land Use .' , Peak H\lur, ' Inb unCi Out und, 29 8 10 2 19 8 , Poily .TriPS 250 105 145 ~ As the table Indicates, yman S In the vicinity of the site would experience approximately 145 additional dally trij:; _.. _ :::L:!~ of the Park Place Garage. This represents a three percent Increase over the exlstl g daily traffic volume on that block. The total daily traffic volume of 3,645 vpd on Hyman S t would still be approximately 1,250 vpd less than the daily volume on Cooper Avenue and 1. 50 vpd less than the dally volume Hopkins Avenue. one block north and south of the 51te, respe . , y. Therefore, the parking garage would not change Hyman Street's charecter as a lower v ume local street in downtown Aspen. r ,\': ,.};,t It" P sed Park Place G Existi Site Land Uses Net Total Trl _ I ' SEP. 2.2003 3:57PM ~00 E ~~;~ ~;~~PEN C;;:~~ (~ " , , NO. 357 P.5 ". ..., '"'" . August 28, 2003 Mr. Stan Clauson page 4 Queuing ! The estimated total tlm required to park each car using the lift system would be approximately 90 seconds (from the tl e the vehicle drives onto the 11ft to the time the lift returns for the next vehicle); thus, with two I a total of 80 vehicles could be parked each hour (3600 secondslhour I 90 second!/vehicle . 2 lifts = 80 vehicleslhour). A waiting srea with room for four vehicles would be provided on t site for vehicles entering the garage and waiting for the lift. To minimize queuing, thes entering vehieles would be gIVen priority with the lifts, and drivers would pay upon exiting. I Based on projected pe period arrival rates and the lift processing time, durlng the momlng and evening peak hou of adjacent street treffjc the maximum queue at the lifts would be two whlcles, which would contained within the four-car storage area. During the busiest hour of the day {mld-day peak g1he' buslest time of year, It'ls"esU.,...led that a-maximum of half of the dally spaces (40 sp cas) would tum-over (40 trips in, 40 trips out). During these periods, the maximum queue Id be 4 vehicles, which also would be contained within the site. Conclusions Based on the results of he cmalY5is, the proposed Park Place garage would generate approximately 145 net ally trips from the site. This represents a three percent increase over exlstlng dally traffic vol on that block of Hyman Avenue. but still would result in total daily trmffle volumes there th t are significantly lower than the adjacent local streets. The garage could also result In a 10 . erlng of overall downtown Aspen traffic by reducing the number of vehicles circulating for n-street parking 5paces. Peak perIod queuing by vehicles entering the site would be contalne within the waiting area provided on site. I trust this information I sufficient for you to make an informed decisIOn on traffic impacts associated with the p . If you haye any further questions, plesse call. Slnc:erely , LEVIG Je ,P.E. Senior Transportation nglneer r . - :> ~LfV11 Operations Prospectus 1.lb Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible. Part-time residents and locals living on the outskirts oftown or in more rural regions need to have available parking for many of their day-to-day needs. Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently full during the mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their lots on and off the rental pool with little notice. The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking. There is every expectation that they will gain in value, since they will earn income. This income may increase over time with parking fee increases and increased demand. The following information is intended to assist in reviewing the operational characteristics, as well as the community value inherent in providing this facility. Comoonents of the Facilitv The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management ofthe facility, providing a waiting space while cares are delivered, handling payment, etc. The employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision of the facility. Use of Soaces Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production fur each owner. ,- """ Operations Prospectus Page 2 ( ,.._.- {VI ,""\ \1,';'; o,.y)<J cJ.,t..Jw~ {)/N;,."t,cC":, ~ pi ~ This will be addressed in the owner's covenants, but in order to have as many spaces-2', serve the public as possible, an owner will generally be required to lease the space when _ not using the facility. The implementation ofthis plan will involve a computerized mventory system. Under this system, the owner's vehicle will be scanned with a har code in order to maintain location of inventory for arrival and departure. If an owner's vehiCle has not been scanned in for 3 calendar days, their space will automically be entered into the public parking pool. Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrival. !lowever, the requirement is placed on the . owner to reserve their lL<;e and the system makes it available all other times. It is also important to note that the management intends to retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. u.Jhp vW'M S ~ The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will be a descending hourly rate. During the shoulder seasons, the plan is to sell single parks in order to encourage persons to park and leave it all day, i.e., come in the morning and leave it till the end ofthe day for one price so long as they exit only once. Longer rentals such as weekly and monthly will not be permitted since it could end up as simply a holding area for cars and it is conceivable that all 80 space owners could come on any particular day limiting public usage. , v Hours of operation should be sufficient to service all guests/owners. However, when ;/1 ~,(I(YI.(;f;v\ demand is not sufficient to staff the facility, it will be closed. By observing activities on (} 'b. the streets, management anticipates closing between the hours ofl:00 a.m. and 7:00 a.m: 1/ki ~ Hours may be more limited during lower season times but should never extend past these less hCilv') , hours of operation during high season. Owners and users will be required to anticipate I} r _ . closures in order to use their vehicles. No IV! ~.st.<.. -of 21 ~r. Parkin!! Tvoes The different types of parking available to the public should include the following: . Hourly. There will be an hourly price schedule, although this is not the most desirable method for Park Place. It will be more than double than the street parking for the first 2 - 3 hours to discourage such usage. Hourly rates will be descending over time in order to encourage users to take advantage oflonger stays. (I.e., 6 - 8 hour periods.) . Daily. Daily rates for parking will be the preferred method of usage. Examples of this include day skier parking, day business parking, and night dining/shopping parking. The descending rate over time for parking facilitates this. c ""'\ 'wi Operations Prospectus Page 3 . Off-season. During times oflow and off seasons, the intent of management is to offer an opportunity to purchase a one-time park for the day. It will mirror downtown rates for leaving a car on the street all day and allow one entry and exit for a fixed price of up to 11 hours or fro1ll7:00 am till 6:00 pm. This takes those persons off the street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core. Owners Association As soon as a specific number of spaces were sold, there would be an association created for owners who would pay a quarterly fee for building maintenance and other necessary expenses. It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces finding the return on investment to be competitive or exceeding current yields on other investments. Manal!:ement of buildinl!: bv the develooment l!:J"OUO At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business. It is expected that fees in the range of25% of income would be appropriate. Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. The vast majority ofthe costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated. With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group. Reolacement of the develooment l!:rouo It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility. Any conditions imposed relative to the operation of 1'"', """' v .....) Operations Prospectus Page 4 the facility would be assumed by subsequent owners of the management group or by subsequent management companies, ensuring the continuing appropriate operation of the facility for its private owners and the public benefit. Potential Investors and Users For any investor who may be interested in spaces purely from the prospective of return on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually. First, there will be a percentage of the spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. Finally, there will be the investorlbuyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion. Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 ofthe annual revenues. ~~hvf ~- (hv. · ~ -rn-: - ~(A d'{. "''0.. \" '. " Operations Prospectus Park Place Parking Facility 707 Hyman Avenue Overview Parking in the core area of Aspen can be difficult and frustrating at times; sometimes it is downright impossible. Part-time residents and locals living on the outskirts of town or in more rural regions need to have available parking for many of their day-to-day needs. Particularly for visitors and part-time residents, commuting by public transit is not a satisfactory solution, because of the need to carry equipment or supplies. However, on- street parking is limited and the public parking facilities are frequently full during the mid-day hours. The private parking lots that do exist are unavailable to visitors, even when there are empty spaces, because these lots are not actively attended and managed. Park Place will be a unique facility in Aspen, one that provides covered valet parking for owners, along with the opportunity to have an income producing space during times that their personal use is not needed. Since this is "come and get it" type renting, owners can put their lets-spaces on and off the rental pool with little notice. The spaces will be condominiumized in order for owners to hold equity and not simply spend money on parking. There is every expectation that they will gain in value, since they will eam income. This income may increase over time with parking fee increases and increased demand. The following information is intended to establish an operations plan and assist in reviewing the operational characteristics, as well as the community value, inherent in providing this facility. Comoonents of the Facilitv The proposed design provides for 99 parking spaces, an office of approx. 470 square feet, and two employee-housing units. The office space on ground level is intended for management of the facility, providing a waiting space while cares are delivered, handling payment, etc. The employee housing units will fully mitigate for any employee generation and provide for 24-hour on-site supervision ofthe facility. Use of Soaces Although many of the spaces will be purchased for the convenience of owners, it is apparent that no owner will be in residence 100% of the time. During periods of vacancy by owners, a plan will be implemented towards income production for each owner. r Operations Prospectus""' Page 2 """"'" "10".-' This will be addressed in the owner's covenants, but in order to have as many spaces serve the public as possible, an owner will generally be required to lease the space when not using the facility. The implementation of this plan will involve a computerized inventory system. Under this system, the owner's vehicle will be scanned with a bar code in order to maintain location of inventory for arrival and departure. If an owner's vehicle has not been scanned in for 3 calendar days, their space will automically be entered into the public parking pool. Since the facility provides on-demand usage, spaces can be taken from inventory easily in order to accommodate owners who did not anticipate their need prior to their arrival. However, the requirement is placed on the owner to reserve their use and the system makes it available all other times. It is also important to note that the management intends teshall retain 19 spaces which will be for public use all of the time. This reserve will ensure that the garage will serve a public parking function. The plan calls for the system to act as a daily public parking facility, with the emphasis placed on all day parking availabilitv. The parking scheme will encourage patrons to park their cars for longer periods (6 - 8 hours), as there will onlv be a dailv rate for parking. be a eeseElnding hearly rate. During the shoulder seasons, the plan is to sell discounted single-dav parkings in order to encourage persons to park and leave their vehicles it-all day, i.e., come in the morning and leave it till the end of the day for one price so long as they exit only once. Longer rentals to non-owners. such as weekly and monthly rentals, will not be permitted. Such rentals would interfere with the dailv parking function. and potentiallv obstruct availabilitv of spaces for owners, sinee it eellld end IIp as simply a helEling area fer sam ane it is seneeivable tkat all 89 spase e',vners eellld eeme ell any partielllar day limiting pHillie IIsage. Hours of operation should be sufficient to service all guests/owners. However, when demand is not sufficient to staff the facility, it will be closed. By observing activities on the streets, management anticipates closing between the hours of IQ:OO p.m. a,nr.-and 7:00 a.m. Hours may be more limited during lower season times but should never extend past these hours of operation during high season. unless reviewed bv the Citv to accommodate some special need. Special longer hours mav be established for event parking in coniunction with Citv parking and traffic management activities, Examples of these special events would be New Year's Eve and Fourth of Julv fireworks. Owners and users will be required to anticipate closures in order to use their vehicles. Parkin!! Tvoes The different types of parking available to the public should include the following: o Rellrl)'. There will be an hellrly priee sehedllle, althellgR this is lIet the mest eesiFllille methee fer Parle Plaee. It will be mere than deHille tkan the street parking for the first 2 3 hellrs te diseellrage slleh Ilsage. Hellrly rates ';:ill be ,j~'" Operations Prospectu~ Page 3 / " , aeseellaing ever time in enler Ie eacellrage IIsers te take aavantage ef lellger stays. (I.e.,6 8 hellr perieas.) fJ-Daily. Daily rates for parking will be the ~method of usage. Examples of this include day skier parking, day business parking, and night dining/shopping parking. Nineteen of the 99 total soaces shall be available at all times for dailv parking. Other spaces shall also be available when not in use bv their owners. The aeseellaiag rate aver time fer parkillg flleilitates this. . Off-season. During times oflow and off seasons, the intent of management is to offer an opportunity to purchase a discounted one-time park for the day. It will mirror downtown rates for leaving a car on the street all day and allow one entry and exit for a fixed price of up to II hours or from 7:00 am till 6:00 pm. This takes those persons offthe street who are not accommodated by a 4-hour time limit and who do not have to use their car during the course of the day. It should also assist in reducing parking in the close-in residential areas to avoid paid parking areas in the core. . Lonl!er-term. Owners and non-owners mav occupv UP to 80 of the 99 spaces overnight or for extended periods as needed. However. this longer-term parking mav not be held emptv for extended periods of time and shall be available for public dav perking when not actuallv in use bv owners. Owners Association As soon as a specific number of spaces are were-sold, there will welila be an Owners' Aassociation created for owners who will v.'allla pay a quarterly fee for building maintenance and other necessary expenses. It is expected the fee will be low and easily offset by providing the space to the rental market even just occasionally. It is possible that some buyers would buy multiple spaces, finding the return on investment to be competitive or exceeding current yields on other investments. Manal!ement of buildinl! bv the develooment I!rouo At the time of sale of the spaces, all sales contracts will include a provision that any rental of spaces would occur through the management company created to handle this business. It is expected that fees in the range of25% of income would be appropriate. Further, the purchase contracts will include a provision that the management company would also handle all subsequent sales and determine an appropriate fee. This insures that after initial sales have completed, the development group continues to have a role in the on-going success of the project. " "...... Operations Prospectus Page 4 '. The vast majority of the costs associated with the structure such as parking attendants, utilities, etc. will be covered by the association fee. The 30% fee will have very little expenses associated with it. One on-site manager collecting fees and directing parking attendants and some accounting would be the only costs associated. With an office space in the building and guaranteed continuing revenues, this business would also be saleable for the development group. Reolacement ofthe develooment I!rouo It is possible that at some point in time the current development group principals may choose to vacate their interest in the parking operation. At such time, the management entity may be purchased by others or a substitute entity set up to take over the affairs and management of the parking facility. :\flY eSHditislls imflssed relativs te tile speFatisll sf tile faeility wallie Be assllmed BY swselllleRt aWllers sf the mllllagemellt ~Subsequent owners of the management group would assume anv land use conditions imposed relative to the operation of the facilitv or by subsequent management companies, ensuring the continuing appropriate operation ofthe facility for its private owners and the public benefit. Potential Investors and Users For any investor who may be interested in spaces purely from the prospective of return on investment, it would be necessary to make some assumptions on who and how the entire space is utilized in order to estimate returns to investors based on the predicted parking revenues annually. First, there will be a percentage of the spaces sold to individuals who will use those spaces full time and will not be participating in any parking revenues. It is anticipated that 20 or so spaces will be utilized in such fashion. Next there will a percentage that will purchase for personal convenience when in town. These spaces will be part of the rental pool when their owners are not in residence in Aspen. These owners will tend to be in Aspen during high seasons and therefore not participate in rental income during the highest seasons and heaviest parking times. It is expected that 40 or so purchasers will buy under this assumption. Finally, there will be the investor/buyer. Not using the space, always in the rental pool and looking to maximize their annual gross. I anticipate selling those remaining 40, less any retained by the development group in this fashion. Although all these numbers are estimates since this style parking system has never been used in such a way, it is assumed that the 40 space owners with part time income will Operations Prospectus Page 5 collect 1/3 of the expected annual revenues and the full time renters will earn 2/3 of the annual revenues. Amendment of Operations Plan The Operations Plan defined in this prospectus mav be amended through the Citv of Aspen Land Use Code conditional use amendment process. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!I'eement for Pavment ofCitv of Aspen Develonment Annlication Fees CITY OF ASPEN (hereinafter CITY) and John Cooner. Man.Ping Partner. Hvman Avenue Holdings. LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Parl: Place-Commercial Parking Facilitv. 707 East Hvrnan Avenue. Asoen (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fue structure for Land Use applications and the payment of all processing tees is a conditioo precedent to a determinatioo of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additiooal costs may a=ne following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are inCWTed. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Cmmcil to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$ 2.520 which is fur 12 hours of CommImity Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shan pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of$205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that fuilure to pay such a=ned costs shall be groImds for suspensioo of processing, and in no case will building pmnits be issued until all costs associated with case processing have been paid CITY OF ASPEN APPLICANT By: By: Julie Ann Woods Community Development Director Date: :\support\formslagrpayas.doc 6105/03g Bil6ng Address and Telephone Number: Reauired John Cooner. Manal!'inl! Partner Hvman Avenue HoJdinfJS. LLC 402 Midland Avenue Asoen 81611 379-3434 r" .... ...., ..........~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) 55. County of Pilliin ) I,-.::IO lA/\ -C2.5 G \./( C' ~ ~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspel1 Land Use Code in the following manner: -4- Publication of notice: By the publication in the legal notice sectio~ of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached he(eto. _ Posting of notice: By posting of notice, which form was obtained from tl{r Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. , _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first clas:j,postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other govemmental or quasi-governmental(:tgency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ...... . ~ " , PUBLIC NOTICE RE: PARK PLACE AUTOMATED COMMERCIAL PARKING GARAGE CONSOLIDATED PLANNED UNIT DEVELOPMENT (PUD), REZONING FOR A PUD OVERLAY, SUBDIVISION REVIEW, CONDITIONAL USE REVIEW, AND GROWTH MANAGEMENT EXEMPTION REVIEW. NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 19, 2003, at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, at the Aspen City Hall, 130 South Galena Street, Aspen, Colorado in the Sister Cities Room, to consider an application submitted by Hyman Avenue Holdings, LLC, for a consolidated planned unit development (PUD), rezoning for a PUD Overlay, subdivision review, conditional use review, and growth management exemption review. The property is described as Lots A, B, C, and D of Block 105, City and Townsite of Aspen, and more commonly known as 707 East Hyman Avenue, currently an "A-Frame" structure, and 300 South Spring Street, an office building also known as the "Hannah Dustin" building. The proposal includes the construction of an automated commercial parking facility housing ninety-nine (99) cars, an accessory office, and two affordable housing units on the A-Frame site and no changes to the Hannah Dustin building. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO. (970) 920-5072. s/Jasmine TVl!re. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 2, 2003 City of Aspen Account c o AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Lots A. B. C. D Block 105. Citv and Townsite of Aspen. 707 East Hvman Avenue. and 300 South Sonne: Street SCHEDULED PUBLIC HEARING DATE: 19 AU2Ust 2003 STATE OF COWRAOO ) )ss. County of Pitkin ) I, CF.L.) Stan Clauson (name, please print) representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: -.-L Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 1 Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the 1st day of AUlUJst .2003, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(EX2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid u.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-goverrunental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) c ,""'" ",,.J "~/ r;,,\. PUBLIC NOTICE RE: PARK PLACE AUTOMATED COMMERCIAL PARKING GARAGE CONSOLIDATED PLANNED UNIT DEVELOPMENT (PUD), REZONING FOR A PUD OVERLAY, SUBDIVISION REVIEW, CONDmONAL USE REVIEW, AND GROWTH MANAGEMENT EXEMPTION REVIEW. --', r. .1- \Jt:"~\ C \ I 2 I ' I ~.! I >. c> ! NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, August 19, 2003, at a meeting to begin at 4:30 p.rn. before the Aspen Planning and Zoning Commission, at the Aspen City Hall, 130 South Galena Street, Aspen, Colorado in the Sister Cities Room, to consider an application submitted by Hyman Avenue Holdings, LLC, for a consolidated planned unit development (POD), rezoning for a POD Overlay, subdivision review, conditional use review, and growth management exemption review. The property is described as Lots A, B, C, and D of Block 105, City and Townsite of Aspen, and more commonly known as 707 East Hyman Avenue, currently an "A-Frame" structure, and 300 South Spring Street, an office building also known as the "Hannah Dustin" building. The proposal includes the construction of an automated commercial parking facility housing ninety-nine (99) cars, an accessory office, and two affordable housing units on the A-Frame site and no changes to the Hannah Dustin building. For further information, contact Chris Bendon at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO. (970) 920-5072. s/Jasmine Tvl!re. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on August 2, 2003 City of Aspen Account c :) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of; and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amend/So Signa The foregoing "Affidavit of Notice" was acknowledged before me this 19th day of August. 2002-> by (E.L.) Stan Clauson. cm /lHEP ~HE} I~ I I I i / WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 21 November 2005 -== Smooth Feed Sheets™ 312 HUNTER llC 50% CIO CAROLYN A BARABE 790 CASTLE CREEK DR ASPEN, CO 81611 ALEXANDER THOMAS l 715 E HYMAN AVE # 27 ASPEN, CO 81611 ARTLA L TO PARTNERSHIP WM C KING 31 WINDING WAY VERONA, PA 15147-3853 ATHLETIC CLUB MGMT SYSTEMS INC , 720 E HYMAN AVE SUITE 001 ! ASPEN. CO 81611 BELL MOUNTAIN QUALIFIED RESIDENCES CONDO ASSOCIATION llC 320 S SPRING ST ASPEN. CO 81611 BERSCH BLANCHE C TRUSTEE OF BERSCH TRUST 9642 YOAKUM DR BEVERLY HillS. CA 90210 BOGAERT FAMILY TRUST PO BOX 300792 . ESCONDIDO, CA 92030 BROWN SCOTT M REV TRUST 50% 320 N 7TH ST ASPEN. CO 81611 CAlGI RAYMOND D & ANNE A 134 TEWKESBURY RD SCARSDALE. NY 10583 CAVES KAREN WHEELER 1 BARR ENGER CT NEWPORT BEACH. CA 92660 SAVcRY@ Adflrp~q r "npl~ o 610 EAST HYMAN LLC CIO KRABACHER LAW OFFICES PC 201 N MILL ST STE 201 ASPEN, CO 81611 ANDERSON ROBERT M & lOUISE E 1021 23RD ST CHETEK, WI 54728 ASPEN B COMMERCIAL PROPERTIES , EMMY LOU BRANDT CIO 316 SOPRIS CIR BASALT, CO 81621 BARTLETT KA TY I 715 E HYMAN AVE #18 ASPEN, CO 81611-2066 BELL MTN lODGE llC 320 S SPRING ST ASPEN, CO 81611 BERSCH TRUST 9642 YOAKUM DR BEVERLY HillS, CA 90210 BRADLEY MARK A PO BOX 1938 BASALT, CO 81621 'i I I , I BRZOSTOWSKI ROBERT 715 E HYMAN AVE - APT 20 ASPEN. CO 81611-2096 CAMERON JAMES 77.5% 4504 BELCLAIRE AVE DALLAS. TX 75205 CHATEAU ASPEN UNIT 21-A llC BlDG 421-G AABC ASPEN, CO 81611 o Use template for 5160@ AJAE l TD PARTNERSHIP 1501 N PIERCE #112 LITTLE ROCK, AR 72207 APPEL ROBERT APPEL HELEN IN JOINT TENANCY 700 PARK AVE 18-A NEW YORK, NY 10021 ASPEN SQUARE VENTURES LLP CIO M & W PROPERTIES 205 S MILL ST STE 301A ASPEN, CO 81611 BAUM ROBERT E ASPEN RES TRST PO BOX 1518 STOCKBRIDGE, MA 01262 BERMAN PETER J & ROCHEllE l 10021 ORMOND RD POTOMAC. MD 20854 BISCHOFF JOHN C 502 S VIA GOlONDRINA TUCSON, AZ 85716-5843 BREMER DR MALCOLM MD 3263 AVALON Pl HOUSTON. TX 77019 BUCKHORN ARMS LlC 730 E COOPER AVE ASPEN, CO 81611 CARR WILLIAM F TRUSTEE 64 DOUBLING POINT RD ARROWSIC. ME 04530 CHOOKASZIAN DENNIS 1100 MICHIGAN WilMETTE, IL 60091 , -- ~-- _.... ...~115'l Smooth Feed Sheets™ FIVE TREES LOT 15 LLC C/O FOUR PEAKS DEVELOPMENT 1000 S MILL ST ASPEN, CO 81611-3800 FLY MARIE N 7447 PEBBLE POINTE W BLOOMFIELD, MI 48322 GILBERT GARY 1556 ROYAL BLVD GLENDALE, CA 91207 HABER WILBUR A HABER SANDRA 20409 KISHWAUKEE VALLEY RD MARENGO, IL 60152 HEMP SUZANNE H & MARLY P JR TRUSTEES FOR THE SUZANNE HEMP LIVING TRUST 15470 POMONA RD BROOKFIELD, WI 53005 HOFFMAN JOHN S III 715 E HYMAN AVE #16 ASPEN, CO 81611 HUNTER PLAZA ASSOCIATES LLP C/O M & W PROPERTIES 205 S MILL ST STE 301 A ASPEN. CO 81611 JOHNSON BARBARA WEAVER LIVING TRUST PO BOX 3570 LAS CRUCES. NM 88003 KASHINSKI MICHAEL R 0343 GROVE CT ASPEN. CO 81611 KELLY SIMON P TRUST 50% corrHE BUCKHORN ARMS LLC ATTN: JOHN HOFFAMN III 732 E COOPER AVE ASPEN. CO 81611 ~AVERY@ Address L"hpl~ I'" \..../ FLINT MARILYN TRUSTEE 3945 KIRKLAND CT BLOOMFIELD HILLS. MI 48302 FURNGULF L TD A COLO JOINT VENTURE 616 E HYMAN AVE ASPEN, CO 81611 GODBOLD EDMUND 0 524 COLONY DR HARTSDALE. NY 10530 HAYLES THOMAS 715 E HYMAN AVE #5 ASPEN, CO 81611 HENDIRCKS JOHN AND BONNIE 1/2 INT 254 N LAUREL AVE DES PLAINES, IL 60016 HUNKE CARLTON J 4410 TIMBERLINE DR SW FARGO, ND 58103 JACOBS NORMAN & JERI 2105 HYBERNIA DR HIGHLAND PARK. IL 60035 JOYCE EDWARD 11 S LA SALLE ST STE 1600 CHICAGO. IL 60603-1211 KEENAN MICHAEL E & NOLA 265 S FEDERAL HWY BOX 332 DEERFIELD BEACH, FL 33441 KIEFER KAREN B TRUST 1/4 2130 NW 95TH ST SEATTLE, WA 98117-2425 --. Use template for 5160@ , , FLOWERS JUDY R 715 E HYMAN AVE #1 ASPEN. CO 81611,2063 GARRISON LELAND M TRUSTEE 4802 E SECOND ST SUITE 2 LONG BEACH, CA 90803 GOFEN ETHEL CARO TRUSTEE 455 CITY FRONT PLAZA CHICAGO,IL 60611 HELLINGER PROPERTIES L TO 1849 WYCLIFF DR ORLANDO. FL 32803 HENDRICKS SIDNEY J 6614 LAKEVILLE HWY PETALUMA, CA 94954-9256 HUNT SARAH J 715 E HYMAN AVE #22 ASPEN. CO 81611 JOFFE LIVING TRUST 21320 DEERING CT CANOGA DARK. CA 91304-5017 KANTAS NICOLETTE 715 E HYMAN AVE #15 ASPEN. CO 81611 KELLY NORA D TRUST 50% C/O THE BUCKHORN ARMS LLC 732 E COOPER AVE ASPEN, CO 81611 KOPP ROBERT L 50% 34425 HWY 82 ASPEN, CO 81611 [ -......... ,....,n,(ii) Smooth Feed Sheets™ KRAJIAN RON 617 E COOPER AVE #114 ASPEN, CO 8161,1 lANDRY ELIZABETH J PO BOX 3036 ASPEN, CO 81612 LEMOS BARBARA LIVING TRUST 1/3 INT PO BOX 321 ASPEN, CO 81612 lOUDERBACK JACQUELINE M & JOHN 719 E HOPKINS AVE ASPEN, CO 81611 MAYLE KENNETH 0 715 E HYMAN AVE #3 ASPEN, CO 81611-2063 MOEN DONNE P & ELIZABETH A , 8 CABAllEROS RD ROLLING HillS. CA 90274 N S N ASSOCIATES INC 11051 W ADDISON ST FRANKLIN PARK, Il 60131 NELSON BRYAN lEE 715 E HYMAN #21 ASPEN, CO 81611 NIELSON COl STEVE & CAROL 0 501 S FAIRFAX ALEXANDRIA. VA 22314 PEARSON REBECCA J 1610 JOHNSON DR STillWATER, MN 55082 ..a ll\FI:OV@ Arlrl..",......... I -'lh.....I... "...:. " .1 KUTINSKY BRIAN 7381 MOHANSIC DR BLOOMFIELD HillS, MI 48301 LAZY J RANCH llC C/O W R WALTON PO BOX 665 ASPEN, CO 81612 L1EB MADELINE TRUST 800 E HYMAN AVE #A ASPEN. CO 81611 MARTEll FRED & BARBARA 702 E HYMAN AVE ASPEN. CO 81611 , MCFADDEN GORDON K , , 18519 E VAllEY RD KENT, WA 98032 MONGE EDWARD P & VICTORIA l 23284 TWO RIVERS RD #11A BASALT. CO 81621 NATIERER HELEN 57 BURN BANK ST NEPEAN ONTARIO K2GOH2 CANADA, NETHERY BRUCE 715 E HYMAN AVE #25 ASPEN, CO 81611-2063 NOONAN JOHN C 715 E HYMAN AVE #9 ASPEN. CO 81611 ; , ' PETERSON CHRISTY , 62 lAKE SHORE DR RANCHO MIRAGE, CA 92270-4054 ,..........) "- ".1 Use tempLate for 5160@ lANDIS JOSHUA B 715 E HYMAN AVE #4 ASPEN. CO 81611 lEGNAME RUDI 202 STANFORD AVE Mill VAllEY. CA 94941 lONG GERALD P & PATRICIA 0 TRUSTEES 490 WilLIAMS ST DENVER. CO 80218 MAVROVIC ERNA 530 E 72ND ST APT 15-C NEW YORK. NY 10021 MIKI PO BOX 566329 MIAMI, Fl 33256 MYSKO BOHDAN 0 C/O ABERCROMBIE & ASSOC 418 E COOPER AVE ASPEN. CO 81654 NELLIS CHAD 13316 BEACH AVE MARINA DEL RAY. CA 90292 NEUMANN MICHAEL 7381 MOHASNIC DR BLOOMFIELD HillS. MI 48301 , PATIO BUilDING COMPANY llC , PO BOX 1066 , ASPEN, CO 81612 ! ! PHilLIPS STEPHANIE 985 FIFTH AVE NEW YORK. NY 10021 = Smooth Feed Sheets™ PITKIN EXCHANGE HOLDINGS OF ASPEN LLC 601 E HOPKINS 3RD FLOOR ASPEN, CO 81611 RED FLOWER PROP CO PTNSHP 545 MADISON AVE STE 700 NEW YORK. NY 10022 ROARING FORK PROPRIETARY LLC 2519E21STST. TULSA, OK 74114 RUBENSTEIN ALAN B & CAROL S 57 OLDFIELD DR SHERBORN, MA 01770 SAKSON DREW POBOX 1625 CARBONDALE, CO 81623-4625 SCHNITZER KENNETH L & LISA L 4023 OAK LAWN AVE DALLAS, TX 75219 SHARP TERRI L 715 E HYMAN AVE #12 ASPEN. CO 81611 SIMMONS RICHARD P & DOROTHY P 1500 LAKESHORE DR APT 18 A CHICAGO, IL 60610 STETSON SUSAN 715 E HYMAN AVE #11 ASPEN, CO 81611-2063 TAYLOR FAMILY INVESTMENTS CO 1/2 489 ROSE LN CARBONDALE, CO 81623 ~ ft'-I~__= ^ J...L._..._. r . c' PORTE BROOKE 3520 PADDOCK RD WESTON. FL 33331-3521 REICH DANIEL S TRUST 20% 6 RINCON ST IRVINE. CA 92702 ROGER RICHARD R 4300 WESTGROVE ADDISON, TX 75001 I I' RYERSON GEORGE W JR 715 E HYMAN AVE #17 ASPEN. CO 81611 SANDIFER C WESTON JR & DICKSIE LEE 2836 WOOD DUCK DR VIRGINIA BEACH, VA 23456 SEGUIN JEFF W & MADALYN B PO BOX 8852 ASPEN, CO 81612 SHERWIN GREGORY 2990 SHADOW CREEK DR BOULDER. CO 80303-1751 SMART EDWIN J PO BOX 799 ASPEN, CO 81612 ,I I' STRIBLING DOROTHY & WACHOVIA BANK NA FL0135 PO BOX 40062 JACKSONVI LLE, FL 32203-0062 TERMINELLO DENNIS J & KERRY L 656 RIDGEWAY WHITE PLAINS, NY 10605-4323 .- ....J Use template for 5160@ RAHLEK LTD DOUGLAS ROGERS 2200 MARKET ST GALVESTON. TX 77550-1530 REICH MELVIN L TRUST 80% 4609 SEASHORE DR NEWPORT BEACH, CA 92663 ROSS JOHN F 7600 CLAYTON RD STLOUIS.MO 63117 SAHR KAREN M 715 E HYMAN AVE #8 ASPEN. CO 81611 SCHEINKMAN NANCY 715 E HYMAN AVE #23 ASPEN. CO 81611 SEGUIN MARY E TRUSTEE OF TRUST 4944 CASS ST #1002 SAN DIEGO. CA 92109-2041 SHUMATE MARK 1267 STILLWOOD DR ATLANTA. GA 30306 SPRING STREET PO C/O GULFCO L TD 616 E HYMAN AVE ASPEN. CO 81611 TAYLOR E NORRIS 1/2 602 E HYMAN AVE #1 ASPEN, CO 81611 TREUER CHRISTIN L 981 E BRIARWOOD CIR N LITTLETON, CO 80122 Smooth Feed Sheets™ TROUSDALE JEAN VICK 611 E HOPKINS AVE ASPEN. CO 81611 VOTIS GEORGE T GALT INDUSTRIES C/O 767 5TH AVE 5TH FL NEW YORK. NY 10153 WALLING REBECCA 350 BLANCA AVE TAMPA. FL 33606 WEIGAND FAMILY TRUST 23/100 , 150 N MARKET WICHITA, KS 67202 WElL NANCY 1404 23RD AVE GREELEY. CO 80634 WILLOUGHBY MARIAN V TRUST 12322 RIP VAN WINKLE HOUSTON, TX 77024 WOODS FRANK J III 205 S MILL ST STE 301A ASPEN, CO 81611 YOUNG RICHARD C 1/3 C/O CORTRIGHT REAL TORS 3806 PHEASANT LN WATERLOO,IA 50701 Q AVl==r?V@ - \. ,/ VICENZI HEATHER L 715 E HYMAN AVE #10 ASPEN. CO 81611-2063 WACHTMEISTER EDWARD TRUST 6223 WHITEHALL FARM LN WARRENTON. VA 20187-7247 I i I " WARNKEN MARK G , ! 1610 JOHNSON DR ,; : STILLWATER. MN 55082 WEIGAND N R WEIGAND M C 150 N MARKET WICHITA, KS 67202 WHITTENBURG J A III 80% 620 S TAYLOR AMARILLO, TX 79109 WITHAM RICHARD 1/3 3806 PHEASANT LN WATERLOO, IA 50701 YERAMIAN CHARLES PO BOX 12347 ASPEN, CO 81612 I ZENSEN ROGER ZENSEN MARl ANN , 313 FRANCES THACKER , WILLIAMSBURG. VA 23185 ArJrlrAC:C:: r ::thole: ,-. Use template for 5160@ ,. ,.,<' VICTORIAN SQUARE LLC C/O GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN. CO 81611 WALLEN MERT . 36 OCEAN VISTA , NEWPORT BEACH, CA 92660 WAVO 1998 TRUST C/OWMVAN ORSDEL 443 SW 6TH ST DES MOINES. IA 50309 WEIGAND NESTOR R III 50/100 C/O J P WEIGAND & SONS IND 150 N MARKET WICHITA. KS 67202 WILKIE MICHAEL 1/2 INT 254 N LAUREL AVE DES PLAINES. IL 60016 WITHAM RICHARD J 1/3 CIO CORTRIGHT REALTORS 3806 PHEASANT LN WATERLOO.IA 50701 YOUNG RICHARD 1/3 3806 PHEASANT LN WATERLOO, IA 50701 _ ~ ;_ID\ '"..". P<t2:: e,/,"'I I Z-ao3 ~ ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE 'DD","O"RD"RTY 701 zt7z ~~I!\ SCHEDULED PUBLIC HEARING DATE: ~ 0' , Aspen, CO ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, .~~ VV\ v:;J <::: i--t ~II- (name, please print) being or repres~nting an Applicant to the City of Aspen, Colorado, hereby personally certifY that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained'from the Commmuty Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide f and twenty-six (26) inches high, and which was composed of letters not less than one'inch in height. Said notice was posted at least fifteen (15) days l prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal govemment, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet ofthe property subject to the development application. The names and addresses of property owners t, tall be those on the current tax records of Pitkin County as they appeared no mo e than sixty (60) days prior to the date of the public hearing. A copy of the own rs and governmental agencies so noticed is attached hereto. (continued on next page) ~.,.- " .....,~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. · --rh The fi\going "Affidavit of Notice" was ackn,owledged b~for~ ~ day of V~l:Si7 ,200~by r~S J..-...l WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 'f/d)-3/ d-~ PUBUC NOTICE "".. ~'CE,AIJf, OM.< J'EI) COMMERCIAL, PARKING . CONSOLIDATED PLANNED UNIT . . MENT (PUD), REZONING FOR A PlIO , SUBOMSlON REVIEW, CONDI- TIONAL' , AND GROWIll MANAGE- MENT EXEMPTION REVIEW. NOTICE IS HEREBY GIVEN that a public hearing wiD be held on Tuesday, August 19, 2003, at ,a meetibg to beglri at 4:311 p.rn. befOre the Aspen Planning and Zotilng Commission, _at the Aspen City Hall, 130 SoUtlt Galena Street, Aspen. Colora- do In the SIster Cities Room, to cons1der an applI- cation submitted by Hyman ,Avenue HoldIngs, u..c. for .a consolidated pJanned IUllt ~evelop- ment (PUD), rezoning for a PUD Overlay,. subdivi- sion review, condltlOnal' use review, and growth management exempttort review. 1beproperty is described as Lots A, 8, C, and D 01 Block 105, CIty and: TownsUe 01. Aspen,~'ana more conHRonIy . trtoWn'li& 707f,ast tfyQtanAven1le. 6JiteotIy-an ;"'.=~=::,=.:::::=~= 'RAPH OF THE POSTED NOTICE (SIGN) .. tln:'_I:Juik!ll:!,g.., The proJMlSilllncludes the cQnStruc~ tlon of an automated commercial parldng faclUty ::.,o:,':d ':'..'1:';;':>h=';',;"~~e ':t AND GOVERNMENTAL AGENCIES NOTICED Frame site ~ no ~ to the HAnnah Dustin BY MAIL building. ~ Fo, Iurt.... ~1ont.ct Cbrio Bendon" the CIty of Aspen '. - Ullity Development I)e:. partment, 130 8. , . .. Aspen, CO. (970) 920- 5072. .f. . . . sf Jasmine 1'ygre, Chair Aspen Planruog and Zoning Commission Published In 1be Aspen Times on 'August 2, 2003: (0654) . Notary Public A TT ACHMENTS: COPY OF THE PUBLICATION