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HomeMy WebLinkAboutLand Use Case.861 Maroon Creek Rd.0042.2005.ASLU ORDINANCE NO. 39 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROV ALFOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORAlJO. WHEREAS, the Community Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square . foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(D)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 25, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, during a duly noticed public hearing on September 26, 2005, the Aspen City Council continued the public hearing to October 11, 2005; and, WHEREAS, during a continued public hearing on October II, 2005, the Aspen City Council approved Ordinance No. 39, Series of 2005, by a five to zero (5-0) vote, approving with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following condi ti ons: 1. The Applicant shaH apply for and obtain a building permit prior to commencing construction. The building permit application shaH include: a. A copy of the final Ordinance. b. A construction management plan. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 3. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 4. Employee housing mitigation in the amount of one full-time employee is hereby waived. Section 2: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: 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 4: A public hearing on this ordinance was held on the 11 th day of October, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council ofthe City of Aspen on the 12th day of September, 20 . Attest:' / (. FINALLY, adopted, passed and approved by a vote of five to zero (5-0), this 11th day of Octob~.'OO5. ~ ~ .~<- Helen Kal' derud, Mayor Approved as to form: ~fpdI4~ ~ . 0 cester, City Attorney ......- City of Aspen Community Development Dept. CASE NUMBER 0042.2005,ASLU PARCEL ID NUMBER 2735-14-2-00-851 PROJECT ADDRESS 861 MAROON CREEK RD PLANNER JAMES LINDT CASE DESCRIPTION ASPEN JUNIOR HOCKEY MTG ROOM AND OFFJCE REPRESENTATIVE LEE PARDEE 925-8737 DATE OF FINAL ACTION 10/14/200: CLOSED BY Denise Driscoll ,-. o .... '- ------------------------------------------------------------------------------ Unit Serial No: 905984 Version: 02.49 Network Address: 00:40:af:6e:98:00 Network Topology: Ethernet Connector: RJ45 Network Speed: 100 Megabits Novell Network Information enabled Print Server Name: RDP 905984 Password Defined: No - Preferred Server Name not defined Directory Services Context not defined Frame Type: 802.2 On 802.3 Peer-to-Peer Information Frame Type: 802.2 On 802.3 Network ID: 0 h enabled TCP/IP Network Information Frame Type: Ethernet II Subnet Mask: 255.255.255.128 enabled Protocol Address: Default Gateway: AppleTalk Network Information Frame Type: 802.2 SNAP On 802.3 Protocol Address: Net Number 65384 Preferred AppleTalk Zone: enabled Node Number 224 Default Zone Novell inactive Peer-to-Peer Connection Information Printer Name: RDP 905984 AppleTalk Connection Information AppleTalk Printer Name: RDP_905984 TCP/IP Connection Information Port Number : 10001 205.170.53.104 205.170.53.126 Socket Number 129 f;;> 1 . - wi erml S ... .,,,""\ ,.f"".".""".,... ,.,.,." 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CERTIFICATE OF LIABILITY INSURANCE OP 10 B9 DATE (MMIDDIYYYY) DYERE-l 06/07/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE canyon Insurance/Rifle HOLDER. THIS CERTIFICATE OOES NOT AMEND. EXTEND OR PO Box 1947, 120 W 4th St ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Rifle CO 81650 Phone: 970-625-2192 Fax:970-625-8400 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Allied Insurance Group INSUReR B DOer Electric, Inc. INSURER C - - -- ----- ___n__ - - 3 23 CR 112 INSURER U Carbondale co 81623 INSURER F ,...~ - COVERAGES THE POLICIES OF INSURANCE L1STE) BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY Rr:QUIREMFNT, TERM OR C:OND TION OF ANY CONTRACT OR OTHER DOClJMFNT WITH RESPECT TO WI IICI I THIS CERTlFICATF MAY GE ISSUED OR MAY PERTAIN, THE INSURANCE PFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AIL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH t'OLlelt.S, AGGREGAIE LIMITS SHOWN MA.Y HAVE BEEN I<I::UUCED BY PAID CLAIM~ ~,: N~~"'t,- .-----:;:;,-;;EOFtNSURA~~E ---- ---- POLlCYNUMB--;;';-- ---PDq.~1~;J~JW)1: A ~ERAl LIABILITY ~_ ~?_~MERCIAL GENEF~AL L_IABILlTY I CLAIMS MALlE ~ OCCUH Ollev EXP1RJi.TIgtr - DATE (MM/DDIYY) EACH OCD JRRCNCE LIMITS ACPMCT07521220722 01/14/05 01/14/06 J:~~~~E~ (FiI or.r.'_lrt'!nr.t'!L_ ME:D EXf1 (Anyone person) PERSONAL & ADV INJURY GENERAl AGGREGATE PRODUC rs - COMP/OP AGO '1000000 ,100000 -_..~----- , 5000 , 1000000 $2000000 '2000000 A - GEN'L AGGR~EG MA I c LIMIT ,'\"P FlllES PER -. PRO- I POLICY JEer LOC AUTOMOBILe LIABILITY - ~ ANY AUTO ACPBA7521220722 _ ALL OWNED AUTOS _ SCHEDULED AUTOS _ HIRED AUTOS _ NON-OWNED AUTOS - 01/14/05 COMBINED SINGLE I_IMIT 01/14/06 (Eaaccident) , 1000000 BODILY INJURY (Perp<>rsun) $ SODIL Y INJURY (Pt'!r'lr.r.inpnl) PROPERTY DAMA.GF (Per accident) OTHERTHA.N AUTO ONLY , EAACC $ I $ $ I AGG GARAGE LIABILITY RI\NYAUTO EXCESS/UMBReLLA UAElIlITY o OCCUR U CLAIMS J>Al\DE h DEDUCTIBLE 11 RETENTION $ WORKERS COMPENSATION A~JD EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'; Ityes,descnbeunder SPECIAL PROVISIONS belOW OTHER AUTO ONLY - EA ACCIDENT EACH OCCURRENCE 1--- ---- AGGREGATE $ -- , llOl-IYLIMITS I IU~R __~~~~ ACC!DENT __..! EL DISeASE - EA t:.Mf'LOYEE $ EL DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 1998 FORD F150 PU lFTRX1BL4WKC36851 ELECTRICAL WORK - WITHIN BUILD INGS CERTIFICATE HOLDER CANCELLATION SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITrEN Dyer Elec1:rie Ine. 3223 Coun1:y Road # 112 CarbondalE~ CO 81623 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT, BUT FAIL.URE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) DEVELOPMENT ORDER Of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.0 I O. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below: Aspen Junior Hockev w/ Consent to Applv from City of Aspen. PO Box 4153, Aspen, CO. 81612 Property Owner's Name, Mailing Address and telephone number Aspen Recreation Center (ARC), 861 Maroon Creek Road Legal Description and Street Address of Subject Property SPA Amendment and GMOS Review for Essential Public Facility to Construct Meetin!! Room and Office in ARC Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance No. 39-2005, Approved on 10/11/05 Land Use Approval(s) Received and Dates (Attach final Ordinances or Resolutions) . October 23. 2005 Effective Date of Development Order (Same as date of publication of notice of approval.) October 24. 2008 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 23rd day of October 2005, by the City of Aspen Community Development Director. cl V11 (1J.- Chris Bendon, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval ofa site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Aspen Recreation Center (ARC), 861 Maroon Creek Road, by ordinance of the Aspen City Council numbered 39, Series of 2005, on October 11, 2005. Aspen Junior Hockey received approval of an SPA amendment and GMQS Review for an Essential Public Facility to construct a meeting room and office within the Aspen Recreation Center. For further information contact Chris Bendon, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920- 5090. sl City of Aspen Publish in The Aspen Times on October 23, 2005 - - - ArrvbV-e d 5-0 - ORDINANCE NO. 39 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(0)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 25, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, during a duly noticed public hearing on September 26, 2005, the Aspen City Council continued the public hearing to October II, 2005; and, WHEREAS, during a continued public hearing on October II, 2005, the Aspen City Council approved Ordinance No. 39, Series of 2005, by a five to zero (5-0) vote, /. ., , ~ approving with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 ofthe Aspen Municipal Code, City Council hereby approves an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following conditions: 1. The Applicant shall apply for and obtain a building permit prior to commencing construction. The building permit application shall include: a. A copy of the final Ordinance. b. A construction management plan. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 3. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 4. Employee housing mitigation in the amount of one full-time employee is hereby waived. Section 2: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: 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 4: A public hearing on this ordinance was held on the I Ith day of October, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of September, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of five to zero (5-0), this I Ith day of October, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: ,John P. Worcester, City Attorney "...'" THRU: V"'c f'/lot)'Of,/t Ie A~~VCJ(;t{ w CotllcJ;f;o t\.S ~~tfD Uf..cfl 6-() Junior Hockey ARC Expansion- SPA Amendment and GMQS Exemption for an Essential Public Facility 2nd Reading of Ordinance No. 39, Series 01'2005, Continued Public Hearing MEMORANDUM FROM: Mayor Klanderud and City Council Chris Bendon, Community Development Director ffrVVJ James Lindt, Senior Planner :::S-L-- TO: RE: DATE: October 11,2005 PROJECT: Aspen Junior Hockey-ARC Expansion ApPLICANT: Aspen Junior Hockey, with consent to apply from the City of Aspen. ADDRESS: Aspen Recreation Center (ARC), 861 Maroon Creek Road. REQUEST: The Applicant is requesting a Specially Planned Area (SPA) Amendment and a GMQS Review for an Essential Public Facility to construct a 136 square foot office space and a 295 square foot meeting room within the ARC's ice facility. EXISTING ZONING: Park with a Specially Planned Area (SPA) Overlay. LAND USE SPA Amendment and Amendment to existing GMQS REQUESTS: Exemption for an Essential Public Facility. STAFF Staff recommends that City Council approve the attached RECOMMENDATION: ordinance approving the requested PUD amendment and GMQS Review. PLANNING AND The Planning and Zoning Commission recommended that ZONING COMMISSION City Council approve the proposed requests by a vote of six RECOMMENDA TION: to zero. BACKGROUND: The City of Aspen received approval of a Specially Planed Area (SPA) and associated land use requests to construct the Aspen Recreation Center (ARC) in 2001. The ARC primarily contains a swimming pool and ice facility, which Aspen Junior Hockey utilizes for practices and hockey games. With the consent of the City of Aspen, Aspen Junior Hockey has requested the ability to construct a 136 square foot office space and a 295 square foot meeting room (application was attached in first reading packet) for use of the " ,; Aspen Junior Hockey program. The proposed office space and meeting room would be cantilevered over the ice facility to an extent and would look down on the ice. As part of the proposed addition there would be no exterior changes to the ARC. LAND USE REQUESTS: In order to construct the proposed meeting room and office facility within the ARC, the Applicant requires the following land use actions: . SPA Amendment to the approved Iselin Park Site Specific Development Plan. . GMQS Review for an Essential Public Facility REVIEW PROCEDURE: Pursuant to Land Use Code Section 26.440.090(B), Amendment to an SPA Development Order, City Council shall be the final review authority on the requested SPA amendment after considering a recommendation from the Planning and Zoning Commission. Also, according to Land Use Code Section 26.470.040(0)(3), Growth Management Review/or an Essential Public Facility, City Council shall be the final review authority on requested growth management review for an essential public facility. STAFF COMMENTS: SP A Amendment In reviewing the SPA amendment request, Staff feels that the proposal to add the small office and conference space to the ARC will not have significant impacts on the operational characteristics of the ARC. The proposed amendment will not alter the exterior of the building and will only cause a minor reduction in the number of spectator seats in the ice facility. As far as parking is concerned, since the teams already practice and play many of their games at the ARC, the coaches that are going to be using the meeting room and office space are already out at the ARC most of the time occupying parking spaces. Moreover, the City of Aspen Recreation Department has indicated that they have not really experienced parking problems that were anticipated during the review of the original SPA. GMQS Implications The ARC originally received a GMQS exemption for an essential public facility in conjunction with receiving SPA approval in 2001. The Applicant is requesting to amend the essential public facility allotments that were granted to the facility to allow for the increase of 431 square feet of new net leasable space proposed in the application. Additionally, as part of the growth management review, the Applicant is requesting that the employee housing mitigation be waived pursuant to Land Use Code Section 26.470.040(D)(3)(d). The Applicant has indicated that they are requesting an affordable housing mitigation waiver because they believe that the new office and meeting room will help in running the youth- oriented, non-profit program more efficiently, which they feel is in the community's benefit. The Applicant contends that increased efficiency in their program will be in the community's interest by allowing for greater supervision of the participants and coaches and by reducing 2 I"" .......... '" -'" the amount of vehicular trips that have to be made from Junior Hockey's existing office in the Aspen Ice Garden to the ARC for practices and games. In reviewing the GMQS request, Staff concurs with the Applicant that the proposed office and meeting room would be accessory uses to the ARC's facilities and would be an appropriate use that is consistent with the ARC's essential public facility status. As far as the mitigation waiver is concerned, Land Use Code Section 26.470.040(D)(3)(d) does allow for City Council to waive affordable housing mitigation requirements if it is determined that the waiver is warranted for the purpose of promoting civic uses and in consideration of broader community goals. Without a waiver of the mitigation, the Applicant would need to provide housing mitigation for approximately one full-time employee in the form of either providing a deed-restricted studio unit on site or paying cash-in-lieu in the amount of$200,815.44. Staff does believe that City Council could make a finding that the application is consistent with the community goals of reducing pollution by limiting the vehicular trips that coaches make back and forth from town to the ARC. Staff further feels that the proposal expands recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. That being the case, Staff recommends that the employee housing mitigation requirements be waived. STAFF RECOMMENDA nON: Staff believes that the proposed application meets the review standards for approving an SPA amendment pursuant to Land Use Code Section 26.440.090, Amendments to SPA Development Orders. Staff further believes that the proposal meets the review standards for approving a GMQS review for an essential public facility and waiving the affordable housing mitigation requirements because the application is consistent with community goals. Staff recommends that City Council approve the attached ordinance, approving the requested SPA amendment, GMQS review for an essential public facility, and employee housing mitigation waiver with the conditions contained therein. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed requests and approved Resolution No. 25, Series of 2005, by a unanimous vote, recommending that City Council approve the SPA amendment and GMQS review with the conditions contained in said resolution. The Planning and Zoning Commission's resolution was attached in the first reading packet. CITY MANAGER'S COMMENTS: LA"~ ~J 3 r , " "'"'" '-....I RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE) "I move to approve Ordinance No. 39, Series of2005, approving with conditions, an SPA amendment and GMQS review for an essential public facility for Aspen Junior Hockey to construct a 136 square foot office space and a 295 square foot meeting room in the Aspen Recreation Center, 861 Maroon Creek Road, City and Townsite of Aspen." ATTACHMENTS: Exhibit A --Review Criteria and Staff Findings Exhibit B --Application (Provided in I sl Reading Packet) Exhibit C --Planning and Zoning Commission Resolution (Provided in 151 Reading Packet) 4 r '- ~, , Exhibit A Review Criteria & Staff Findings SPA Amendment. City Council may approve an amendment to an approved SPA if the proposal meets the following review standards: I. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Findilll~: The proposed amendment not impact the height, bulk, architecture, landscaping, or open space since the proposal will only affect the interior. Staff feels that the proposed use of the space that would be added to the ARC of office and a meeting room is an accessory use to the recreational use of the entire facility, which is consistent with the other uses within the facility. Staff finds this criterion to be met. 2. Whether sufficient public facilities and roads exist to servIce the proposed development. Staff Findinl!:: The proposed amendment will not impact the ability of the eXIstIng public facilities to accommodate the ARC. Staff finds this criterion not to be applicable to this application. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Staff Findinl!:: The building already exists and the amendment simply proposes an addition of interior space. Staff finds this criterion not to be applicable to this application. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Findinl!:: The proposed amendment will not impact view planes or have an environmental impact on open space or trails. However, Staff does believe that the proposal will have be a positive for participants and coaches in the Junior Hockey Program, 5 I"" ''-"' ,""' ~ which is a fairly good size subset of the general population of Aspen. Staff finds this criterion to be met. 5. Whether the proposed development IS m compliance with the Aspen Area Comprehensive Plan. Staff Findilll!: Staff believes that the proposed amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Stafffurther believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspen Ice Garden and the ARC, and thereby reducing pollution. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Findine:: The project does not require the expenditure of public funds or provision of public facilities. Staff finds this criterion not to be applicable to this application. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(8)(2). Staff Findine:: The proposed amendment simply impacts the interior of an existing building. Staff finds this criterion not to be applicable to this application. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Findine:: The Applicant has concurrently applied for GMQS review for an essential public facility. Staff finds this criterion to be met as long as the associated growth management application obtains approval. 6 ,....., - """" ...../ Exhibit A Review Criteria & Staff Findings GMQS Review for an Essential Public Facility. City Council may approve a GMQS review for an essential public facility if the proposal meets the following review standards: a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (See definition.) Accessory uses may also be part of an Essential Public Facility project. Staff Findine:: The primary use of the structure was determined to be an essential public facility by City Council during the original review of the development proposal in 200 J. Staff believes that the proposed office space and meeting room for the use of the Junior Hockey Program are accessory to the recreational use of the properly. Staff finds this criterion to be met. b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.C, Development Ceiling Levels and Section 26.470.030.D, Annual Development Allotments. Staff Findine:: There are sufficient development allotments available to accommodate the additional 431 square feet of net leasable space that would be added to the ARC as a result of this proposed amendment. Staff finds this criterion to be met. c) The proposed development is consistent with the Aspen Area Community Plan. Staff Findine:: Staff believes that the proposed amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Staflfurther believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspen Ice Garden and the ARC, and thereby reducing pollution. Stafl finds this criterion to be met. d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in- lieu thereof in a manner acceptable to the City CounciL The Employee 7 "'" -....I Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council rimy waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Finding: The Applicant has requested a waiver from employee housing mitigation. Typically, the application would be required to mitigate for approximately one full time employee. Staff does believe that City Council could make a finding that the application is consistent with the community goals of reducing pollution by limiting the vehicular trips that coaches make back and forth from town to the ARC. Staff further feels that the proposal expands recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Staff finds this criterion to be met if City Council grants an employee housing mitigation to the application. e) Free-Market residential floor area on the parcel is accompanied by aflordable housing units or mitigation pursuant to 26.470.040.C.6, unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Finding: Please see Staffs response to review standard "D" above. f) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Staff Finding: Staff does not believe that the proposed amendment will place considerable additional demand on public infrastructure or necessitate additional public improvements. Staff finds this criterion to be met. 8 ","" P147 ORDINANCE NO. 39 (SERJES OF 2005) i \ I , \ , I AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE ISELIN pARK SPEClALL Y PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC F AClLITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN J1JNlOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Comrmmity Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation" from the Community Development Director, and recommendations' from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(D)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the PlmUling m1d Zoning Commission approved Resolution No. 25, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, an SPA mnendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center'sGMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, during a duly n'oticed public hearing on September 26, 2005, the Aspen City COlIDcil continued the public hearing to October 11, 2005; and, WHEREAS, during a continued public hearing on October 11, 2005, the Aspen City Council approved Ordinance No. 39, Series of 2005, by a _ to - L-~ P148 , /0 ~ vote, approving with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen City COlmcil has reviewed and considered the development proposal under the applicable provisions of the Mlmicipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has tal(en and considered public comment at a public hearing; and, WHEREAS, the City Council finds tllat the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Cornmmuty Plan; and, I I ~ I , , i I I I: I WHEREAS, tile 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 THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Mlmicipal Code, City COlmcil hereby approves an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following conditions: , ." :i f: fi 1. The Applicant shall apply for and obtain a building permit prior to commencing constmction. The building permit application shall include: a. A copy of the final Ordinance. b.' A construction management plan. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 3. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday tl1TU Saturday. 4. Employee housing mitigation in the amount of one full-time employee is hereby waived. / ; -"" P149 Section 2: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or lillconstitutional 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 4: A public hearing on this ordinance was held on the 11th day of October, 2005, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12th day of September, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of _ to _ L-~, this 11th day of October, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney P150 ,..... "..... / I ~ - Exhibit A Review Criteria & Staff Findings [ L ! ~': , V SPA Amendment. City COlIDcil may approve an amendment to an approved SPA if the proposal meets the following review standards: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Findin!!: The proposed amendment not impact the height, bulk, architecture, landscaping, or open space since tile proposal will only affect the interior. Staff feels that the proposed use of the space that would be added to the ARC of office and a meeting room is an accessory use to the recreational use of the entire facility, which is consistent with the other uses within the facility. Staff finds this criterion to be met. I ,J II Ii I' II Ii " i; fj' I 2. Whether sufficient public facilities and roads exist to servIce the proposed development. Staff Findin!!: The proposed amendment will not impact the ability of the existing public facilities to accommodate the ARC. Staff finds this criterion not to be applicable to this application. 3. Whether the parcel proposed for development is generally suitable for development, considering -lle slope, ground instability and the possibility of mud flow, rock falls, avalanche daGgers and flood hazards. "Staff Findin!!: The building already exists and the amendment simply proposes an addition of interior space. Staff finds this criterion not to be applicable to tIns application. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails ,md similar amenities for the users of the project and the public at large. Staff Findin!!: The proposed amendment will not impact view planes or have an environmental impact on open space or trails. However, Staff does believe that the proposal will have be a positive for participants and coaches in the Junior Hockey Program, 5 ; ! ," .", ..~ P151 which is a fairly good size subset of the general population of Aspen. Staff finds this criterion to be met. S. Whether the proposed development IS III compliance with the Aspen Area Comprehensive Plan. Staff Finding: Staff believes that the proposed amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the bui [ding or the site. Staff further believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspen Ice Garden and the ARC, and thereby reducing pollution. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public hmds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Finding: The project does not require the expenditure of public funds or provision of public facilities. Staff finds this criterion not to be applicable to tIllS application. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.44S.040(B)(2). Staff Finding: The proposed amendment simply impacts the interior of an existing building. Staff finds this criterion not to be applicable to this application. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Finding: The Applicant has concurrently applied for GMQS review for an essential public facility. Staff finds this criterion to be met as long as the associated growth management application obtains approval. 6 P152 o / ! ~ "'..."'. Exhibit A Review Criteria & Staff Findings GMQS Review for an Essential Public Facility. City Council may approve a GMQS review for an essential public facility if the proposal meets the following review standards: a) Tlle Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (See definition.) Accessory uses IT.ay also be part of an Essential Public Facility project. F' Staff Finding: TIle primary use of the structure was determined to be an essential public facility by City Council during the original review of the development proposal in 200l. Staff believes that the proposed office space and meeting room for the use of the JWlior Hockey Program are accessory to the recreational use of the property. Staff finds tllis criterion to be met. i l I ! i I , i b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.C, Development Ceiling Levels and Section 26.4 70.030.D, Arumal Development Allotments. I: I, I' l' 1:- L I: ': Staff Finding: TIlere are sufficient development allotments available to accommodate the additional 431 square feet of net leaSable space that would be added to tile ARC as a result oftllis proposed amendment. Staff finds this criterion to be met. I: c) The proposed development is consistent with the Aspen Area Community Plan. Staff Finding: Staff believes that the proposed ,amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the builoing or the site. Staff further believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspe:nIce Garden and the ARC, and thereby reducing pollution. . Staff finds this criterion to be met. d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in- lieu thereof in a manner acceptable to tile City CowlciJ. The Employee 7 / j ,r ' /" P153 Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City COlmcil may waive; or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Finding: The Applicant has requested a waiver from employee housing mItIgation. Typically, the application would be required to mitigate for approximately one full time employee. Staff does believe that City Council could make a finding that the application is consistent with the community goals of reducing pollution by limiting the vehicular trips that coaches mal,e back and forth from town to the ARC. Staff further feels that the proposal expands recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics ofthe building or the site. Staff finds this criterion to be met if City Council grants an employee housing mitigation to the application. e) Free-Market residential floor area on tile parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.040.C.6, lmless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Finding: Please see Staffs response to review standard "D" above. 1) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and cOIDrnunication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Staff Finding: Staff does not believe that the proposed amendment will place considerable additional demand on public infrastructure or necessitate additional public improvements. Staff finds this criterion to be met. 8 I"" , ......J. ~iIIr d, MEMORANDUM TO: Mayor Klanderud and City Council Chris Bendon, Community Development Director ~ James Lindt, Senior Planner ,,1- L---- THRU: FROM: RE: Junior Hockey ARC Expansion- SPA Amendment and GMQS Exemption for an Essential Public Facility 2nd Reading of Ordinance No. 39, Series of 2005, Public Hearing, Open and Continue to October 11th DATE: September 26, 2005 PROJECT: Aspen Junior Hockey-ARC Expansion ApPLICANT: Aspen Junior Hockey, with consent to apply from the City of Aspen. ADDRESS: Aspen Recreation Center (ARC), 861 Maroon Creek Road. REQUEST: The Applicant is requesting a Specially Planned Area (SPA) Amendment and a GMQS Review for an Essential Public Facility to construct a 136 square foot office space and a 295 square foot meeting room within the ARC's ice facility. EXISTING ZONING: Park with a Specially Planned Area (SPA) Overlay. LAND USE SPA Amendment and Amendment to existing GMQS Exemption REQUESTS: for an Essential Public Facility. STAFF Staff recommends that City Council continue the review of this RECOMMENDATION: project to October n'.. PLANNING AND The Planning and Zoning Commission recommended that City ZONING COMMISSION RECOMMENDATION: Council approve the proposed requests by a vote of six to zero. STAFF COMMENTS: Due to the other significant agenda items scheduled to be reviewed at the September 26th meeting, Staff would recommend that the review of this application be continued to October 11 th The Applicants have agreed to a continuation of the review until October 11th r-. '\ ~ STAFF RECOMMENDATION: Staff recommends that City Council continue review of the Iselin Park SPA amendment and GMQS review for an essential public facility to October 11 tho RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE) "I move to continue review of the Iselin Park SPA amendment GMQS review for an essential public facility to October II th." 2 '~vG, :. 2::::::~ s: :::9AV CO"'" '\' jTV " -V-, 0""'-\- ~ VVv". J~:_ ~V:;, \'0. 3' L 1 ~' ~ J , ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1St/ jU..Y'tJO'IV c::;.t'~k 1/;)1. RoP , Aspen, CO ,200.5" SCHEDULED PUBLIC HEARING DATE: STA TE OF COLORADO ) ) SSe County of Pitkin ) I, Aee {tv-dee... (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. V Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-t-vo (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 tIe ublic hearing and was continuously visible from the _ day of "&" q . 200 tJ" , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto, V Mailing of notice, By tile mailing of a notice obtained from the Community Development Department, which contains the infonnation described in Section 26.304.060(E)(2) ofthe 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 US mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property vrithin three hundred (300) feet ofthe property subject to the development application. The names and addresses of property ov,ners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to tile date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto, (continued on next page) A"G. S. 2C:::~ 9: :)p,\f CO~V,,\:'V J=V:_O:V=~~ \0, 3 < L' t ",,.' 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 tor fifteen (15) days prio>" W' pnbb, ""oJng nn ,~h =rndmrn/rJ Signature ~ The foregoing "Affidavit of Notice'. was acknowledged before me this Ibfll dav of ~(JlJ(,1- ,200,Q, by Iv....- ..pCUld.i.c - . WITNESS MY HAND AND OFFICIAL SEAL My commission expires: <9J~4'1 Dr 2l'A't ~ cH~lwr NOtlyy P blic ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIG LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL """ -- " ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE Pa V - r spen, CO ADDRESS OF PROPERTY: SCHEDULED PUBLIC HEARING DATE: ,200 STATE OF COLORADO ) ) ss. Connly of Pilkin ) I, ~ Ct Vv'\.e...s: L-, [We} \- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: 4 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. " , _ Posting of notice: By posting of notice, which form was obtained frQP the Community Development Department, which was made of suitable, 'Y waterproof materials, which was nClt 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 tile mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental\,gency 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) o ""\ 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 (J 5) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was acknowledged qefor~s l4day of~. ,200~,by~~ )....1 PUBUC RE: ISELiN PARK SPA [OR HOCKEY MEETlN GMQS REVIEW FOR Cfury AT THE ASP (ARC) NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, September 26, 2005,ata meetfng to heginat 5:00 p.m. belorethe As~n City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, CO, to review an applica- tion for a Specially Planned Area (SPA) amend- ment and GMQS review for an essential public fa- cility submitt.~ by Aspen Junior Hockey, PO Box 4153, Aspen, CO 81612, with consent to apply from the City 01 Aspen. The application requests the abilily 10 construcl 136 square feet 01 office space and 295 square feet of meeting space with- in the existing Aspen Recreation Center (ARC) The subject property is located at 861 Maroon Creek Road and Is commonly known as the Aspen Reueatlon Center (ARC). For further information, contact James Lindt at COPY OF THE PUBLICATION the City 01 Aspen Community Development De- partment, 130 S. Galena St., Aspen, CO (970) 429- 2763, Co> by ,m,;I "J'm~]",]Mp,",,"",), All , "P'H OF T'HE POSTED '''OT'TeE (.S1G'N) wntten correHpondence related to the apphca- ...t::l . 1'" .I' tion should bt,senl to the above e-mail or physi- caladdress. Applkant: As~ Junior Hockey, POBox4153 spen,C081612 sjHe nKalinKlanderud,Mayor Aspen Cily Council Published in the Asp 1 Times on September 11. 20D5.(3051) OTICE NDMENT (ASPEN JUN- ROOM AND OFfiCE), ESSENTIAL PUBLIC FA- RECREATION CENTER WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ / ~"'3 J o:::j- ~~e Not ublic > A TT ACHMENTS: M) GOVERNMENTAL AGENCIES NOTICED BY MAIL ,'. /""'", ",...... ,...... VII a- MEMORANDUM TO: Mayor Klanderud and City Council ....JAA Chris Bendon, Community Development Director THRU: FROM: James Lindt, Senior Planner :::L- RE: Junior Hockey ARC Expansion- SPA Amendment and GMQS Exemption for an Essential Public Facility I st Reading of Ordinance No~, Series of 2005, Public Hearing is scheduled for September 26, 2005 DATE: September 12,2005 PROJECT: Aspen Junior Hockey-ARC Expansion ApPLICANT: Aspen Junior Hockey, with consent to apply from the City of Aspen. ADDRESS: Aspen Recreation Center (ARC), 861 Maroon Creek Road. REQUEST: The Applicant is requesting a Specially Planned Area (SPA) Amendment and a GMQS Review for an Essential Public Facility to construct a 136 square foot office space and a 295 square foot meeting room within the ARC's ice facility. EXISTING ZONING: Park with a Specially Planned Area (SPA) Overlay. LAND USE SPA Amendment and Amendment to existing GMQS REQUESTS: Exemption for an Essential Public Facility. STAFF Staff recommends that City Council approve the attached RECOMMENDATION: ordinance approving the requested PUD amendment and GMQS Review. PLANNING AND The Planning and Zoning Commission recommended that ZONING COMMISSION City Council approve the proposed requests by a vote of six RECOMMENPATION: to zero. BACKGROUND: The City of Aspen received approval of a Specially Planed Area (SPA) and associated land use requests to construct the Aspen Recreation Center (ARC) in 2001. The ARC primarily contains a swimming pool and ice facility, which Aspen Junior Hockey utilizes for practices and hockey games. With the consent of the City of Aspen, Aspen Junior Hockey has requested the ability to construct a 136 square foot office space and a 295 square foot meeting room (please see application attached as Exhibit "B") for use of the " '......../ Aspen Junior Hockey program. The proposed office space and meeting room would be cantilevered over the ice facility to an extent and would look down on the ice. As part of the proposed addition there would be no exterior changes to the ARC. LAND USE REQUESTS: In order to construct the proposed meeting room and office facility within the ARC, the Applicant requires the following land use actions: . SPA Amendment to the approved Iselin Park Site Specific Development Plan. . GMQS Review for an Essential Public Facility REVIEW PROCEDURE: Pursuant to Land Use Code Section 26.440.090(B), Amendment to an SPA Development Order, City Council shall be the final review authority on the requested SPA amendment after considering a recommendation from the Planning and Zoning Commission. Also, according to Land Use Code Section 26.470.040(D)(3), Growth Management Review jor an Essential Public Facility, City Council shall be the final review authority on requested growth management review for an essential public facility. STAFF COMMENTS: SPA Amendment In reviewing the SPA amendment request, Staff feels that the proposal to add the small office and conference space to the ARC will not have significant impacts on the operational characteristics of the ARC. The proposed amendment will not alter the exterior of the building and will only cause a minor reduction in the number of spectator seats in the ice facility. As far as parking is concerned, since the teams already practice and play many of their games at the ARC, the coaches that are going to be using the meeting room and office space are already out at the ARC most of the time occupying parking spaces. Moreover, the City of Aspen Recreation Department has indicated that they have not really experienced parking problems that were anticipated during the review of the original SPA. GMQS Implications The ARC originally received a GMQS exemption for an essential public facility in conjunction with receiving SPA approval in 2001. The Applicant is requesting to amend the essential public facility allotments that were granted to the facility to allow for the increase of 43 I square feet of new net leasable space proposed in the application. Additionally, as part of the growth management review, the Applicant is requesting that the employee housing mitigation be waived pursuant to Land Use Code Section 26.470.040(D)(3)(d). The Applicant has indicated that they are requesting an affordable housing mitigation waiver because they believe that the new office and meeting room will help in running the youth- oriented, non-profit program more efficiently, which they feel is in the community's benefit. The Applicant contends that increased efficiency in their program will be in the community's interest by allowing for greater supervision of the participants and coaches and by reducing 2 the amount of vehicular trips that have to be made from Junior Hockey's existing office in the Aspen Ice Garden to the ARC for practices and games. In reviewing the GMQS request, Staff concurs with the Applicant that the proposed office and meeting room would be accessory uses to the ARC's facilities and would be an appropriate use that is consistent with the ARC's essential public facility status. As far as the mitigation waiver is concerned, Land Use Code Section 26.470.040(D)(3)(d) does allow for City Council to waive affordable housing mitigation requirements if it is determined that the waiver is warranted for the purpose of promoting civic uses and in consideration of broader community goals. Without a waiver of the mitigation, the Applicant would need to provide housing mitigation for approximately one full-time employee in the form of either providing a deed-restricted studio unit on site or paying cash-in-lieu in the amount of $200,815.44. Staff does believe that City Council could make a finding that the application is consistent with the community goals of reducing pollution by limiting the vehicular trips that coaches make back and forth from town to the ARC. Staff further feels that the proposal expands recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. That being the case, Staff recommends that the employee housing mitigation requirements be waived. STAFF RECOMMENDATION: Staff believes that the proposed application meets the review standards for approving an SPA amendment pursuant to Land Use Code Section 26.440.090, Amendments to SPA Development Orders. Staff further believes that the proposal meets the review standards for approving a GMQS review for an essential public facility and waiving the affordable housing mitigation requirements because the application is consistent with community goals. Staff recommends that City Council approve the attached ordinance, approving the requested SPA amendment, GMQS review for an essential public facility, and employee housing mitigation waiver with the conditions contained therein. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission reviewed the proposed requests and approved Resolution No. 25, Series of2005, by a unanimous vote, recommending that City Council approve the SPA amendment and GMQS review with the conditions contained in said resolution. The Planning and Zoning Commission's resolution is attached as Exhibit "C". CITY MANAGER'S COMMENTS:~.R~ ~'YOi .J>..;f'" ~ 3 '" ..-"'" ...."./ '" RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE) "I move to approve Ordinance No.~ Series of 2005 upon first reading, approving with conditions, an SPA amendment and GMQS review for an essential public facility for Aspen Junior Hockey to construct a 136 square foot office space and a 295 square foot meeting room in the Aspen Recreation Center, 861 Maroon Creek Road, City and Townsite of Aspen." A TT ACHMENTS: Exhibit A --Review Criteria and Staff Findings Exhibit B --Application Exhibit C --Planning and Zoning Commission Resolution 4 "';" "...... "..._"~ ORDINANCE NO. ~ (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(D)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No. 25, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, during a public hearing on September 26, 2005, the Aspen City Council approved Ordinance No. _, Series of 2005, by a _ to _ L-~ vote, approving with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an ,"'"" " essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following conditions: I. The Applicant shall apply for and obtain a building permit prior to commencing construction. The building permit application shall include: a. A copy of the final Ordinance. b. A construction management plan. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 3. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 4. Employee housing mitigation in the amount of one full-time employee is hereby waived. ,',"" - """' ....-- Section 2: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3: 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 shaH not affect the validity of the remaining portions thereof. Section 4: A public hearing on the ordinance shall be held on the 26th day of September, 2005, in the City Council Chambers, Aspen City HaH, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 22nd day of August, 2005. Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved by a vote of _ to _ L-~, this 26th day of September, 2005. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk Approved as to form: John P. Worcester, City Attorney ...""'''' ''',", --' Exhibit A Review Criteria & Staff Findings SPA Amendment. City Council may approve an amendment to an approved SPA if the proposal meets the following review standards: I. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Findinl!:: The proposed amendment not impact the height, bulk, architecture, landscaping, or open space since the proposal will only affect the interior. Staff feels that the proposed use of the space that would be added to the ARC of office and a meeting room is an accessory use to the recreational use of the entire facility, which is consistent with the other uses within the facility. Staff finds this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Findinl!:: The proposed amendment will not impact the ability of the eXlstmg public facilities to accommodate the ARC. Staff finds this criterion not to be applicable to this application. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Staff Findinl!:: The building already exists and the amendment simply proposes an addition of interior space. Staff finds this criterion not to be applicable to this application. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Findinl!:: The proposed amendment will not impact view planes or have an environmental impact on open space or trails. However, Staff does believe that the proposal will have be a positive for participants and coaches in the Junior Hockey Program, 5 ,",'" "-' <>;, -' which is a fairly good size subset of the general population of Aspen. Staff finds this criterion to be met. 5. Whether the proposed development IS III compliance with the Aspen Area Comprehensive Plan. Staff Findinl!:: Staff believes that the proposed amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Staff further believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspen Ice Garden and the ARC, and thereby reducing pollution. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Findinl!:: The project does not require the expenditure of public funds or provision of public facilities. Staff finds this criterion not to be applicable to this application. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(B)(2). Staff Findinl!:: The proposed amendment simply impacts the interior of an existing building. Staff finds this criterion not to be applicable to this application. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Findinl!:: The Applicant has concurrently applied for GMQS review for an essential public facility. Staff finds this criterion to be met as long as the associated growth management application obtains approval. 6 ,"' , - ~ Exhibit A Review Criteria & Staff Findings GMQS Review for an Essential Public Facility. City Council may approve a GMQS review for an essential public facility if the proposal meets the following review standards: a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (See definition.) Accessory uses may also be part of an Essential Public Facility project. Staff Findine:: The primary use of the structure was determined to be an essential public facility by City Council during the original review of the development proposal in 2001. Staff believes that the proposed office space and meeting room for the use of the Junior Hockey Program are accessory to the recreational use of the property. Staff finds this criterion to be met. b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.C, Development Ceiling Levels and Section 26.470.030.D, Annual Development Allotments. Staff Findine:: There are sufficient development allotments available to accommodate the additional 431 square feet of net leasable space that would be added to the ARC as a result of this proposed amendment. Staff finds this criterion to be met. c) The proposed development is consistent with the Aspen Area Community Plan. Staff Findine:: Staff believes that the proposed amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Staff further believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspen Ice Garden and the ARC, and thereby reducing pollution. Staff finds this criterion to be met. d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in- lieu thereof in a manner acceptable to the City Council. The Employee 7 ,......, '-' #" ,""'" Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Findine:: The Applicant has requested a waiver from employee housing mItigation. Typically, the application would be required to mitigate for approximately one full time employee. Staff does believe that City Council could make a finding that the application is consistent with the community goals of reducing pollution by limiting the vehicular trips that coaches make back and forth from town to the ARC. Staff further feels that the proposal expands recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Staff finds this criterion to be met if City Council grants an employee housing mitigation to the application. e) Free-Market residential floor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.040.C.6, unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Findine:: Please see Staff s response to review standard "D" above. f) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Staff Findine:: Staff does not believe that the proposed amendment will place considerable additional demand on public infrastructure or necessitate additional public improvements. Staff finds this criterion to be met. 8 ....... - ~/1101f t~ I" " ~.... RESOLUTION NO. 25 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-142-00-851 WHEREAS, the Community Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(D)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No.25, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the 1'- , ., ....../ '-" approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission fmds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the Planning and Zoning Commission hereby recommends that City Council approve an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following conditions: 1. The Applicant shall apply for and obtain a building permit prior to commencing construction. The building permit application shall include: a. A copy of the final Ordinance. b. A construction management plan. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 3. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 4. Employee housing mitigation in the amount of one full-time employee is hereby waived. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. "'. ....,~ ......... ~ Section 4: If any section, subsection, sentence, clause, phrase, or portion of this 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk " TO: THRU: FROM: CC: DATE: RE: MEMORANDUM MAYOR & CITY COUNCIL JEFF WOODS, MANAGER OF PARKS & RECREATION TIM ANDERSON, RECREATION DIRECTOR STEVE BARWICK, CITY MANAGER ED SADLER, ASST. CITY MANGER SEPTEMBER 1, 2005 JUNIOR HOCKEY ADDITION OF MEETING/OFFICE SPACE IN THE LEWIS ICE ARENA Council will find attached a Memorandum of Understanding and Lease Agreement for Junior Hockey's addition of Office /Meeting Room space in the Lewis Ice Arena of the Aspen Recreation Center. Staff and Junior Hockey have met and worked out the arrangement for construction, maintenance, and operations as identified in these two documents. This change of use at the ARC requires a land use approval which is being handled by the Community Development Department. First reading ofthe PUD amendment is tonight and the Second reading and Public Hearing will be held on September 26, 2005. Staff recommends that this contract not be signed until the land use application gains approval. Staff felt that Council should be aware of the impending agreements for use and operations for consideration in the land use process. Due to the fact that the Junior Hockey program uses extensively the Lewis Ice arena and the close working relationship between Junior Hockey and the Recreation Division, this addition and the agreements attached are a win win situation for all parties. The addition of this space will only enhance the communication necessary between the two organizations. ,r"" , " The addition of this space will be of no cost to the City of Aspen and at the same time provides additional meeting room space which may be accessed by the department. The loss of seating in the Lewis Ice Arena is minimal and in a location which few if any spectators sat anyway. The Parks & Recreation Department supports the addition of this space to the Lewis Ice Arena and urges Council to move forward with approvals as presented by the Community Development Department and documents attached with this memo. Maior Considerations: Memorandum of Understanding: . Section I (A.) Junior Hockey is responsible for all insurance (liability and other) . Section II. The City has the opportunity to utilize the meeting rooms space being provided by Junior Hockey. . Section II. Junior Hockey may access the space only during normal operational hours and not in conflict with private rentals. . Section III. No on site parking is being extended. The Junior Hockey Employee is being treated the same as City Employees and must use alternative transportation or parking off site of the ARC. Lease Agreement: . Section 1. . Section 1. (i.) . Section 1. (g.) . Section 8. City has right to review design, construction, final approvals. The Construction shall be at no cost to the City. All operational costs such as utilities, phones, computers, etc. shall be paid by Junior Hockey. The City of Aspen will own the space. All maintenance and improvements must be paid for by Junior Hockey. Junior Hockey is responsible for seeing that all mechanical and phone systems necessary for this space are able to be accommodated by the existing systems or in the case that systems would be stressed; Junior Hockey would be responsible for upgrades to such systems. No sub letting of the space will be allowed, assuring security for both the City and Junior Hockey. Alterations must be approved in advance by the City of Aspen. . Section 1. (h.) . Section 5. (b) . Section 1. (b.) . Section 6. (e.) Recommendation: Staff recommends the approval of both the Memorandum of Understanding and the Lease Agreement by and between the City of Aspen and the Aspen Junior Hockey Association. Signatures will be sought once Council is approves the first reading of the PUD and signed agreements will be included in the packet for the second reading. ,,-.., v RESOLUTION NO. b Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR THE JUNIOR HOCKEY MEETING ROOM AND OFFICE SPACE IN THE LEWIS ICE ARENA, BETWEEN THE CITY OF ASPEN AND ASPEN JUNIOR HOCKEY AND SKATING FOUNDATION INe., AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a lease agreement and memorandum of understanding for an Aspen Junior Hockey addition to the Lewis Ice Arena, between the City of Aspen and Aspen Junior Hockey and Skating Foundation Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that lease agreement and memorandum of understanding for Aspen Junior Hockey lease space at the Lewis Ice Arena, between the City of Aspen and Aspen Junior Hockey and Skating Foundation Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _ day of ,2005. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk TLO- saved: 9/6/2005-289-G:\tara\Resos\Junior Hockey.doc """ LEASE AGREEMENT THIS LEASE AGREEMENT is made and executed on , 2005, by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter referred to as the "City" or "Lessor"), and ASPEN JUNIOR HOCKEY AND SKATING FOUNDA nON, INC., a Colorado nonprofit corporation, (hereinafter referred to as the "AJH" or "Lessee"). WIT N E SSE T H: WHEREAS, AJH desires to construct and occupy space within the Lewis Ice Arena to be used as an office space and meeting room for AJH as more fully described in Exhibit A appended hereto; and, WHEREAS, the City is willing to allow AJH to construct and occupy said space under certain terms and conditions; and, WHEREAS, the parties hereto desire to execute a Lease Agreement which sets forth the agreement of the parties hereto in this regard; and, WHEREAS, the City and AJH are authorized to enter into this Lease Agreement for the purposes set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations and warranties herein contained, the parties hereto agree as follows: 1. City Consent to Construct Additional Space in the Aspen Recreation Center. The City hereby consents to the construction of the additional space within the Aspen Recreation Center as identified in Exhibit A appended hereto; subject to the following conditions: a. AJH applies for and receives all governmental land use and building approvals, including, but not necessarily limited to, land use approvals from the City of Aspen and a building permit from the City Building Department. b. The City approves in writing the building plans submitted by Am to the City Building Department. This approval shall be separate and distinct from any land use or building permit approvals that may be required by City ordinances. The City shall have complete discretion in approving or rejecting any building plans submitted by AJH to the City in compliance with this section of the Lease Agreement. c. Construction of the space identified in the approved building plans shall commence within two years of the date of this Lease Agreement and shall be completed no less than six months thereafter. In the event that the construction of ~ Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 2 the space is not commenced or completed in time as set forth herein, this Lease Agreement shall become null and void; and, any construction materials on the premises shall thereafter become the property of the City to be disposed of in the complete discretion of the City. d. The AJH shall strictly adhere to a building plan to be prepared by the City and delivered to AJH at the time of building permit approval that sets forth a building plan that attempts to minimize disruptions to the operation of the Lewis Ice Arena and the Aspen Recreation Center. e. All construction activity shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the Lewis Ice Arena or the Aspen Recreation Center. f. The AJR Office Space shall be designed and constructed so as to properly integrate into the overall ARC security and fire alarm systems. g. All phone systems, facsimile lines, and computer lines shall be properly integrated into the ARC utility systems and shall be paid for entirely by AJH. h. The AJR Office Space, including all permanent fixtures located within or built-in the AJR Office Space, shall be owned by the City at all times. i. Lessor shall not incur any expenses associated with the construction of the Demised Premises. Lessee shall be responsible for all costs associated with the construction of the Demised Premises, including any costs associated with any changes required of the Lewis Ice Arena or ARC to accommodate the construction of the Demised Premises (including the costs of any enlargements or upgrades to the facilities' mechanical systems.) 2. Demise and Description. Subject to the City approvals referenced in Section I, above, The City hereby leases to AJR the space identified in Exhibit A, for the purpose of conducting that lawful activity as hereinafter described and for no other purpose, that certain real property (hereinafter "Demised Premises"), situated in the Aspen Recreation Center owned and operated by the City of Aspen, County of Pitkin, State of Colorado, and more particularly described in Exhibit A and made a part hereof. 3. Representation bv the Parties. a. The Lessor hereby represents that the Aspen Recreation Center and the Demised Premises are owned by Lessor in fee, subject only to restrictions established by the general planning and zoning code of the City of Aspen, Colorado, and any state of facts which an accurate surveyor physical inspection would show. Lessee, by entering into this Lease Agreement, agrees that Lessee is satisfied as to Lessor's title to the Demised Premises and has found the same to be satisfactory. - Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 3 b. Lessor hereby covenants, subject to the terms and conditions herein provided that Lessee shall have use and occupancy of the Demised Premises during the term of this Lease as identified below, for so long as Lessee performs all covenants herein agreed to be performed by Lessee. c. Lessee hereby represents that it is a not-for-profit organization incorporated under the laws of the State of Colorado, that it is operated exclusively for charitable purposes as those terms are defined by Article X, Section 5 of the Colorado Constitution; and, that it has received tax exempt status from the Internal Revenue Service pursuant to Section 501 (c)(3) of the IRS Code. 4. Term. Subject to Lessee's satisfactory adherence to all of the terms and conditions herein, the term of this Lease shall be for an initial period of ten (10) years. Lessee shall have the option at the end ofthe initial term to renew for an additional Lease term of ten (10) years. Thereafter, Lessee shall have two (2) additional options to renew for ten (10) additional years each. (The total term of this Lease shall not exceed forty (40) years; an initial term of ten (10) years and three (3) optional renewal terms of ten (10) years each.) The Lease terms described herein are subject to the Events of Default provisions set forth herein. The renewal terms shall be renewed automatically unless Lessee provides written notice, six (6) months prior to the end of the term, that it does not intend to renew its option. At the conclusion ofthe forty-year term, Lessee shall have the right to request that the Lessor negotiate in good faith an extension of the lease for an additional period of time. Lessor hereby agrees to negotiate in good faith such an extension. 5. Rent. common maintenance costs. and utilities a. Lessee shall pay Lessor as rent for the Demised Premises an annual basic rent of One Dollar ($1.00) to be paid on the anniversary date of the Lease for each year of the Lease term. b. Except as otherwise provided herein, the rent provided for in this Lease, shall not include expenses or charges with respect to the Demised Premises, including cleaning, maintenance, repairs, costs of construction and replacement of buildings, insurance, utilities, taxes and assessments now or hereafter imposed upon or related to the Demised Premises. Lessee shall bear and pay for all such charges. Whenever a utility charge cannot be specifically metered or cannot be billed directly to Lessee, such as electricity, Lessee shall pay its proportional share of all such utilities based upon the pro-rated amount of space of the Demised Premises versus the total space of the ARC or Lewis Ice Arena covered by the particular utility bill. The parties hereto shall agree upon all such calculated formulas prior to the receipt of each such utility bill. c. AJH shall be responsible for any other maintenance or operational costs associated with its activities and City shall have no responsibility of any kind for any thereof. .....'....~ Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 4 6. Use of Demised Premises. a. The Demised Premises shall be used by Lessee for the purpose of establishing and thereafter maintaining a meeting place and office for the AJH program. All other proposed uses of the Demised Premises by Lessee not specifically set forth herein may only be permitted with the prior written approval of the Recreation Director. b. Lessee shall not use, or permit the Demised Premises, or any part thereof, to be used, for any purpose or purposes other than the purpose for which the Demised Premises are hereby leased; and no use shall be made or permitted to be made of the Demised Premises, or acts done, which will cause a cancellation of any insurance policy covering the Demised Premises located on the premises, or any part thereof, nor shall Lessee sell, or permit to be kept, used, or sold, in or about the Demised Premises, any article which may be prohibited by the requirements, pertaining to the Demised Premises, of any insurance organization or company, necessary for the maintenance of insurance, as provided herein, covering any building and appurtenances at any time located on the Demised Premises. c. Lessee shall not sell, or permit to be kept, used, or sold, in or about the Demised Premises, any illegal drugs, non-medicinal alcohol, or tobacco products, except in accordance with a special event permit issued by the City of Aspen pursuant to the Aspen Municipal Code. d. Lessee agrees to comply with all present and future federal, state and municipal laws, rules and regulations in its use and occupancy of the Demised Premises. e. Lessee shall not sell, convey, assign, transfer, sublease, pledge, surrender or otherwise encumber or dispose of this Lease Agreement, the Demised Premises, or any interest or estate created herein without the City express written consent. f. Lessee shall not commit, or suffer to be committed, any waste on the Demised Premises, or any nuisance. g. Lessee shall not erect, install, operate nor cause nor permit to be erected, installed or operated in or upon the Demised Premises any temporary or special event sign(s) or other advertising device that is not consistent with the general rules applicable for the Lewis Ice Arena without having obtained the written consent of the City Manager for the City. Such consent mayor may not be given at the City Manager's sole discretion. "".. "~ Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 5 h. Lessee shall not introduce any concessionaire activities into the Demised Premises that may compete with the existing concessionaire at the ARC without the prior written approval ofthe Lessor. 7. Taxes. Other Governmental Charges and Utility Charges. a. The parties contemplate that the Demised Premises will be used strictly for charitable purposes and, therefore, that the Demised Premises will be exempt from all taxes presently assessed and levied with respect to real property. In the event that the use, possession, construction or equipping of the Demised Premises is found to be subject to taxation in any form, the Lessee shall pay same as they respectively come due; provided that, with respect to any governmental charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as have accrued during any individual term of the Lease. b. Lessee may at its expense and in good faith contest any taxes, assessments, and other charges and, in the event of any such contest, may permit the taxes, assessments, or other charges so contested to remain unpaid during the period of such contest and an appeal therefrom unless the City shall notify the Lessee that, in the opinion of the City Attorney, by nonpayment of any such items the title will be materially endangered or the Demised Premises or any portion thereof will be subject to loss or forfeiture, or the City will be subject to liability, in which event such taxes, assessments, utility or other charges shall be paid forthwith; provided, however, that such payment shall not constitute a waiver of the right to continue to contest such taxes, assessments, utility or other charges. 8. Alterations. a. Lessee may at its own expense make reasonable and necessary alterations or improvements to the Demised Premises. All alterations, additions and improvements shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the premises. Lessee shall give Lessor written notice no less than thirty (30) days in advance of the commencement of any construction, alteration, addition, improvement, or repair estimated to cost in excess of One Thousand Dollars ($1,000.00). b. Lessee agrees that prior to any construction or installation of alterations, additions or improvements, Lessee shall post in a conspicuous place within the Demised Premises a notice of non-liability for mechanic's lien as specified at Section 38-22-105, C.R.S. on behalf of the Lessor and shall notifY Lessor of such posting and the exact location of' the same. Perfection of a mechanic's lien against the Demised Premises as a result of I"'" Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 6 ,.....r Lessee's acts or omissions may be treated by Lessor as a material breach of this Lease. 9. Liens. a. Lessee shall keep all of the Demised pfemises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics', materialmen's and other liens for or arising out of or in connection with work or labor done, services performed, or materials or appliances used or furnished for Of in connection with any operations of Lessee, any alteration, improvement, or repair or addition which Lessee may make or permit or cause to be made, or any work or construction, by, for, or permitted by Lessee on or about the premises, or any obligations of any kind incurred by Lessee, and at all times promptly and fully to pay and discharge any and all claims on which any such lien mayor could be based, and to indemnify Lessor and all of the premises and all buildings and improvements thereon against all such liens and claims ofliens and suits or other proceedings pertaining thereto. b. If Lessee desires to contest any such lien, it shall notify Lessor of its intention to do so within ninety (90) days after the filing of such lien. In such case, and provided that Lessee shall on demand protect Lessor by a good and sufficient surety bond, or such other security that is deemed adequate by the City, against any such lien and any cost, liability, or damage arising out of such contest, Lessee shall not be in default hereunder until thirty (30) days after the final determination ofthe validity thereof, within which time Lessee shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of Lessee hereunder. In the event of any such contest, Lessee shall protect and indemnify Lessor against all loss, expense, and damage resulting there from. 10. Maintenance. Lessee shall, throughout the term of this Lease, at its own cost, and without any expense to Lessor, keep and maintain the Demised Premises, including all buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, in good sanitary, and neat order, condition and repair. Lessor shall not be obligated to make any repairs, replacements, or renewals of any kind, nature or description whatsoever to the Demised Premises or improvements thereon. II. Access to Premises. Upon at least twenty four (24) hours prior notice, except in cases of emergency, Lessee shall permit Lessor or its agents and employees to enter the Demised Premises at all reasonable hours to inspect the Demised Premises or make repairs that Lessee may neglect or refuse to make in accordance with the provisions of this Lease Agreement. Before entering the Demised Premises to make repairs, Lessor shall give Lessee notice and a reasonable period of time to make necessary repairs. ''"'.... /'."', Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 7 12. Indemnification of Lessor. Lessor shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the Demised Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, visitor, or user of any portion of the Demised Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or thing above set forth, and Lessee shall indemnify Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. Lessee hereby waives all claims against Lessor for damages to the Demised Premises and improvements that are now or hereafter placed or built on the Demised Premises and to the property of Lessee in, on, or about the Demised Premises, and for injuries to persons or property in or about the Demised Premises, from any cause arising at any time. The last two preceding sentences shall not apply to loss, injury, death, or damage arising by reason of the negligence or misconduct of Lessor, its agents, or employees, subject to those terms, conditions and limitations as contained in the Colorado Immunity Act, Section 24-10-101, et seq. 13. Provisions Regarding Insurance. a. At its own expense Lessee shall carry and maintain casualty and property damage insurance sufficient to protect the full replacement value of the Demised Premises; and b. At its own expense Lessee shall carry and maintain comprehensive general public liability insurance against all direct or contingent loss or liability for property damage, personal injury or death occasioned by reasons of the operation, control or construction upon the Demised Premises, of not less than those specified by Section 24-10-114, C.R.S., as may be amended from time to time, naming the City as additional or co-insureds. Lessee shall maintain said coverage in full force and effect during the term of this Lease. c. Lessee shall furnish the Lessor with a copy of all required insurance policies or certificates evidencing such required coverage. All insurance policies maintained pursuant to this Lease Agreement shall contain the following endorsement: d. It is hereby understood and agreed that this insurance policy may not be canceled by the surety until thirty (30) days after receipt by the City of Aspen, by registered mail, of a written notice of such intention to cancel or not to renew. e. In the event full insurance coverage required by this Lease is not maintained as provided for herein, Lessor may, but shall be under no obligation to, purchase the required policies of insurance and pay the premiums necessary and provide for payment thereof and all amounts so - I Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 8 """,,,",,- advanced therefore by Lessor, if any, shall be added to rent due from Lessee. 14. Damage or Destruction. If prior to the termination of this Lease the Demised Premises or any portion thereof are destroyed, in whole or in part, or are damaged by fire or other casualty, the parties shall cause the Net Proceeds of any insurance claim to be applied to the prompt repair, restoration, modification, replacement or improvement of the Demised Premises. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to the Lessee. If Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvements, referred to hereinabove, Lessee shall complete the work and pay any cost in excess of the amount of the Net Proceeds, in which case Lessee shall not be entitled to any reimbursement therefore from Lessor. Notwithstanding the foregoing, the parties may agree to other application of such Net Proceeds. 15. Condemnation. If during the term of this Lease, or any renewal of it, the whole or part of the Demised Premises or such portion as will make the Demised Premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority, including the City, for public use, then the Lease term granted herein shall cease as of the date of the vesting of title in the premises in such condemning authority, or when possession is given to such authority, whichever event occurs first. Upon such occurrence, Lessee shall not be entitled to any part of the condemnation proceeds, if any, for the value of the unexpired term of this Lease or for any other estate or interest in the Demised Premises, such amount belonging entirely to the Lessor. 16. Lessee's Ootion to Terminate. Lessee shall have the right, by written notice to the Lessor given at least 90 days prior to its intention to do so, to terminate and surrender its leasehold interests hereunder to Lessor, and on such effective date Lessee shall be relieved from all further liability hereunder, subject to the Remedies On Default provisions of this Lease which shall apply as if a Default had occurred. 17. Abandonment of Premises. Lessee shall not vacate or abandon the Demised Premises at any time during the term hereof; if Lessee shall abandon or surrender the Demised Premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee and left on the Demised Premises shall be deemed to be abandoned, at the option of Lessor, except such property as may be encumbered to Lessor. 18. Events of Default Defined. The following shall be "Events of Default" under this Lease and the terms "Event of Default" and "Default" shall mean, whenever they are used in this Lease, anyone or more ofthe following events: a. Failure by the Lessee to pay any rent or other payment required to be paid herein at the time specified; or, b. Failure to use the Demised Premises for a period of one-hundred-eighty (180) consecutive days for the purpose or purposes set forth in the Use of ,... , Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 9 Demised Premises provisions of this Lease; provided, however, that time spent for the purpose of maintenance, remodeling, or repairs to the Demised Premises and/or for events beyond the control ofthe Lessee shall not be counted; or, c. Failure by AJH to observe and perform any covenant, condition or agreement on its part to be observed or performed, unless the Lessor agree in writing to an extension oftime or waiver prior to its expiration; or, d. Lessee's interest in this Lease or any part hereof is assigned or transferred without the written consent of the Lessor, except as provided herein, either voluntarily or by operation ofJaw or otherwise; or, e. A proceeding under the United States Bankruptcy Code or any federal or state bankruptcy, insolvency, or similar law or any law providing for the appointment of a receiver, liquidator, trustee or similar official for the Lessee or of all or substantially all of its assets, is instituted without its consent and is not permanently stayed or dismissed within sixty (60) days, or if the Lessee offers to the Lessee's creditors to effect an extension of time to pay the Lessee's debts or asks, seeks or prays for a reorganization or to effect a plan of reorganization, or for readjustment of the Lessee's debts, or if the Lessee shall make a general or any assignment for the benefit of the Lessee's creditors; or, f. Lessee abandons or vacates any part of the Demised Premises. 19. Remedies on Default. Whenever any Event of Default shall have happened and be continuing the City shall have the right at its sole option and discretion, to notify Lessee of the Event of Default and require Lessee to cure the Event of Default within a reasonable period of time or suffer termination of the Lease and the Remedies of Default as provided herein. If Lessee fails to cure, or it is impossible to cure, the City may declare the Lease terminated. Upon termination of this Lease, Lessee shall promptly pay to Lessor all rent or other monies due it pursuant to the terms of this Lease. 21. No Remedv Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 22. Non-Discrimination. The parties hereto agree to comply with all laws, ordinances, rules and regulations that may pertain or apply to the Demised Premises and its use. In performing under this Lease, Lessee shall not discriminate against any worker, employee or job applicant, or any member of the public, because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, affectional Lease Agreement Aspen Junior Hockey and Skating Foundation,lnc. Page 10 or sexual orientation, family responsibility or political affiliation, nor othelWise commit an unfair employment practice. 23. Attornevs' Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Demised Premises, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorneys' fee, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 24. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, addressed as follows: Ifto Aspen Junior Hockey: Attn: President PO Box 3390 Aspen, Colorado 81611 Attention: Executive Director With a copy to: Holland & Hart, LLP 600 East Main Street Aspen, Colorado 81611 If to City: City of Aspen, Colorado 130 South Galena Street Aspen, Colorado 81611 Attention: City Manager With a copy to: City of Aspen, Colorado 130 S. Galena Street Aspen, Colorado 81611 Attention: City Attorney 25. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Lessor and the Lessee and their respective successors and assigns. 26. Severabilitv. In the event any provision of this Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 11 27. Amendments. The terms of this Lease shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the City and the AJH. 28. Execution in Counterparts. This Lease shall be executed in three counterparts, each of which shall constitute but one and the same instrument. 29. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. 30. Captions. The captions or headings in this Lease are for convenience of reference only and in no way define, limit or describe the scope or intent of any provision or sections of this Lease. 31. Waiver. The waiver by Lessor of, or failure of Lessor to take action with respect to any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. The subsequent acceptance of rent by Lessor or the acknowledgement by Lessor of Lessee's exercise of an option to renew the term of the Lease as provided herein shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant, or condition of this Lease, regardless of Lessor's knowledge of such preceding breach. 32. Entire Agreement. This Lease constitutes the entire agreement between the City and the AJH. No waiver, consent, modification or change of terms of this Lease shall bind either party unless in writing signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not specified herein regarding this Lease or the Demised Premises leased hereunder. 33. Further Assurances. The parties agree to execute and deliver such additional documents and agreements as necessary to carry out the intent ofthis Lease. 33. No Third Partv Beneficiaries. This Lease is not intended to create any right in or for the public, or any member of the public, including any subcontractor, supplier or any other third party, or to authorize anyone not a party to this Lease to maintain a suit to enforce or take advantage of its terms. The duties, obligations and responsibilities of the parties to this Lease with respect to third parties shall remain as imposed by law. IN WITNESS WHEREOF, the City has executed this Lease in its name with its seal hereunder affixed and attested by its duly authorized officers, and Aspen Junior Hockey has caused this Lease Agreement to be executed in its name and attested by its duly authorized officer. All of the above occurred as of the date first written above. CITY OF ASPEN, COLORADO "'" Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 12 ATTEST: Kathryn S. Koch, City Clerk WITNESS: By: By: Title: / " Helen Kalin Klanderud, Mayor ASPEN JUNIOR HOCKEY AND SKATING FOUNDATION, INC. ""-"", " Lease Agreement Aspen Junior Hockey and Skating Foundation, Inc. Page 13 EXHffilT LIST TO LEASE AGREEMENT Exhibit A - Description of space to be constructed and leased - The Demised Premises JPW- saved: 7113/2005-4991-G:\john\word\agr\arc-Junior Hockey Lease-7-13-05.doc " " '"'M> 1.."V~i!i !l1fIIi'i~ 'r'l:~, ;E~:':>~,." :' .. """.~,-*:1i!!i< /:-.. , "" ~ ~I ~:":' .~ 11 11, !1# ~ ~' c,_ ;;.., ....',. IA~'" ,:~J%;,' ~" '", ,;, i1i cr' fi , it '" I ,,,,Y,;""" "",r.~.."'..~ '::;:"'.;o,,~,'i;";;,", ,n , ~-. ~j ~ Q ~ i !O _ !U~ d Q. ~ , ^ ~ , f:" " J .J Q III u ~- .. .. , ~-.. , , ;1 '0 , -~ r II 12 ... .. ~ ~ 0", I Q" Sol, j) 8 '1 'ot I -0 '!.~ 'C;,s ~,o.;' "I I' , _ " I' '? -c- O) . -' " ,.~ c- <l) .II "1 :l. - 4 III .. ' u i~ III _.',,"_l\"''''''<';1;''' ",~_,'''F,.;.i''.:'''''<...'..'l'..,-"''l=r,,,d' 9--171 .. , ~-l; "SI1: .. , <:><1 'OIl '~ 8 ~'<jl h 0-. ::l!> :t"- ~~ 8~ e Iii 'i II '0 1:. n ~. 1!:; i~ r~ ~ "</ ., 2 -<l- I '<< 'J :;. " -", I r cl I I '.j ;,.. -!l ,I If' <il ~ .0 1 .- ;,. 1 .~ MEMORANDUM OF UNDERSTANDING FOR THE MANAGEMENT AND USE OF CERTAIN MEETING AND OFFICE SPACE WITHIN THE ASPEN RECREATION CENTER LEASED TO ASPEN JUNIOR HOCKEY _,2005, THROUGH DECEMBER 31,2008 This Memorandum of Understanding is entered into between the City of Aspen, a home rule municipality of the State of Colorado ("City"), and Aspen Junior Hockey and Skating Foundation, Inc., a Colorado nonprofit corporation ("AJH"). WHEREAS, the City and AJH entered into that that certain Lease Agreement dated 2005, (the "Lease Agreement") relating to the construction and lease of meeting and office space at the Lewis Ice Arena of the Aspen Recreation Center (the "AJH Office Space"); and WHEREAS, the Lease Agreement contemplated that the parties would enter into a Memorandum of Understanding relating to the use and management of said office space; and . WHEREAS, the parties hereto have met and agree on the use and management of the office space referenced above and desire to memorialize their agreement for the above stated period of time. NOW THEREFORE, the parties agree as follows: I. General Provisions of Memorandum of Understanding. A. The term of this Memorandum of Understanding shall be for the period , 2005 through December 31, 2008. The term of this MOU shall extend automatically for additional one year periods unless amended by the parties as set forth below. In August of each calendar year during the term of the Lease Agreement the parties hereto shall meet to discuss the terms of this MOU and make such amendments as they shall mutually agree. B. Liabilitv and Insurance. During the term of this MOU, each Party hereto shall take all steps necessary to extend coverages under its general liability and other insurance policies to the real property and improvements subject to the Lease Agreement and owned or leased by that Party, and to that Party's activities on its property or pursuant to this MOO. Each Party shall designate the other as an "additional insured" on such policies. The Parties shall exchange certificates of insurance or other documentation that such policies have been extended to the properties and facilities described by the Lease Agreement within ten (10) days following request for the same from the other Party. C. No Waiver oflmmunitv. The parties hereto understand and agree that the City is relying on, and does not waive or intend to waive by any provision of this Memorandum of understanding, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. , II. Scheduling the Use of the AJH Office Space The AJH Office Space is intended for the sole use of AJH during normal business hours of the Aspen Recreation Center, including any hours when AJH is using the ice in accordance with its Ice Facilities Use Agreement with the City. The AJH Office Space shall be used for the purposes set forth in the Lease Agreement, and shall be available to AJH for such uses except in the following circumstances: (a) when the City leases the Lewis Ice Arena to an entity, group, or individual for any private function, in which event the AJH Office Space shall remain closed; (b) when the City closes the Lewis Ice Arena, or any portion of it that adversely affects access to or use of the AJH Office Space, for maintenance or repairs, as determined by the City in its sole discretion; or, (c) any other time that the City reasonably believes it is necessary for the proper operation of the Lewis Ice Arena. The City shall endeavor to provide AJH adequate notice of all times during which the AJH Office Space must be vacated as set forth above. Any use of the AJH Office Space by AJH outside of normal business hours of the ARC shall be pre-approved in writing by the City of Aspen Recreation Director. While the meeting space portion of the AJH Office Space shall be for the primary use of AJH, other ARC user groups may use the meeting room from time to time for meetings or for observation of events in the rink sponsored by the user groups (but not for entertainment or parties) upon the prior approval of AJH, which approval shall not be unreasonably withheld except when the meeting room has been previously scheduled by AJH or when the proposed use does not fall within the permitted uses described above. III. AJH Employees and Parking. No more than one AJH employee may use the AJH Office Space on a regular basis without the written approval ofthe City. (Such approval may require the additional approval of the City's Community Development Department, the Aspen Plarming and Zoning Commission, and the Aspen City Council). No on-site parking shall be reserved by the City for any AJH employee that may be using the AJH Office Space. CITY RECREATION DIRECTOR ASPEN JUNIOR HOCKEY AND SKATING FOUNDATION, INC. By: By: Title: Title: Date: Date: JPW. saved: 9/6/2005-859-G:~ohn\word\agr\AspenJuniorHockeyMOU. 7 -13-05.doc RESOLUTION NO. 25 (SERIES OF 2005) A~ fJ V'6Ve cJ 6-(] ()(/\ f572-!o') A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-142-00-851 WHEREAS, the Community Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(D)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No.25, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the Planning and Zoning Commission hereby recommends that City Council approve an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following conditions: 1. The Applicant shall apply for and obtain a building permit prior to commencing construction. The building permit application shall include: a. A copy of the final Ordinance. b. A construction management plan. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 3. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 4. Employee housing mitigation in the amount of one full-time employee is hereby waived. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: C)'f - CIty Attorney \ JI v d~-r ~s.. Jasmine Tygre, Chair ~ ATTEST: ,----. \".,; '1!~b THRU: Moh'O(j1 Aspen Plannin\.and Zoning Commission ApfJ("oV (:'" W /Covd! Joyce Allg~ Community Development Deputy Director (; - 0 MEMORANDUM TO: FROM: James Lindt, Senior Planner ~ RE: Junior Hockey ARC Expansion- SPA Amendment and GMQS Exemption for an Essential Public Facility DATE: August 2, 2005 PROJECT: Aspen Junior Hockey-ARC Expansion ApPLICANT: Aspen Jnnior Hockey, with consent to apply from the City of Aspen. ADDRESS: Aspen Recreation Center (ARC), 861 Maroon Creek Road. REQUEST: The Applicant is requesting a Specially Planned Area (SPA) Amendment and a GMQS Review for an Essential Pnblic Facility to construct a 136 square foot office space and a 295 square foot meeting room within the ARC's ice facility. EXISTING ZONING: Park with a Specially Planned Area (SPA) Overlay. LAND USE SPA Amendment and Amendment to existing GMQS REQUESTS: Exemption for an Essential Public Facility. STAFF Staff recommends that the Planning and Zoning Commission RECOMMENDATION: approve the attached resolution, recommending that City Council approve the proposed SPA amendment and GMQS Review for an Essential Public Facility. BACKGROUND: The City of Aspen received approval of a Specially Planed Area (SPA) and associated land use requests to construct the Aspen Recreation Center (ARC) in 2001. The ARC primarily contains a swimming pool and ice facility, which Aspen Junior Hockey utilizes for practices and hockey games. With the consent of the City of Aspen, Aspen Junior Hockey has requested the ability to construct a 136 square foot office space and a 295 square foot meeting room (please see application attached as Exhibit "B") for use of the Aspen Junior Hockey program. The proposed office space and meeting room would be cantilevered over the ice facility to an extent and would look down on the ice. As part of the proposed addition there would be no exterior changes to the ARC. " , -', ......... LAND USE REQUESTS: In order to construct the proposed meeting room and office facility within the ARC, the Applicant requires the following land use actions: . SPA Amendment to the approved Iselin Park Site Specific Development Plan. . GMQS Review for an Essential Public Facility REVIEW PROCEDURE: Pursuant to Land Use Code Section 26.440.090(B), Amendment to an SPA Development Order, the Planning and Zoning Commission shall be the recommending body to City Council on the requested SPA amendment. Also, according to Land Use Code Section 26.470.040(0)(3), Growth Management Review for an Essential Public Facility, the Planning and Zoning Commission shall be the recommending body to City Council on the requested growth management review for an essential public facility. ST AFF COMMENTS: SPA Amendment In reviewing the SPA amendment request, Staff feels that the proposal to add the small office and conference space to the ARC will not have significant impacts on the operational characteristics of the ARC. The proposed amendment will not alter the exterior of the building and will only cause a minor reduction in the number of spectator seats in the ice facility. As far as parking is concerned, since the teams already practice and play many of their games at the ARC, the coaches that are going to be using the meeting room and office space are already out at the ARC most of the time occupying parking spaces. Moreover, the City of Aspen Recreation Department has indicated that they have not really experienced parking problems that were anticipated during the review of the original SPA. GMQS Implications The ARC originally received a GMQS exemption for an essential public facility in conjunction with receiving SPA approval in 2001. The Applicant is requesting to amend the essential public facility allotments that were granted to the facility to allow for the increase of 43 I square feet of new net leasable space proposed in the application. Additionally, as part of the growth management review, the Applicant is requesting that the employee housing mitigation be waived pursuant to Land Use Code Section 26.470.040(0)(3)( d). The Applicant has indicated that they are requesting an affordable housing mitigation waiver because they believe that the new office and meeting room will help in running the youth- oriented, non-profit program more efficiently, which they feel is in the community's benefit. The Applicant contends that increased efficiency in their program will be in the community's interest by allowing for greater supervision of the participants and coaches and by reducing the amount of vehicular trips that have to be made from Junior Hockey's existing office in the Aspen lee Garden to the ARC for practices and games. In reviewing the GMQS request, Staff concurs with the Applicant that the proposed office and meeting room would be accessory uses to the ARC's facilities and would be an 2 " ~' " >...-' appropriate use that is consistent with the ARC's essential public facility status. As far as the mitigation waiver is concerned, Land Use Code Section 26.470.040(D)(3)(d) does allow for City Council to waive affordable housing mitigation requirements if it is determined that the waiver is warranted for the purpose of promoting civic uses and in consideration of broader community goals. Without a waiver of the mitigation, the Applicant would need to provide housing mitigation for approximately one full-time employee in the form of either providing a deed-restricted studio unit on site or paying cash-in-lieu in the amount of$200,815.44. Staff does believe that City Council could make a finding that the application is consistent with the community goals of reducing pollution by limiting the vehicular trips that coaches make back and forth trom town to the ARC. Staff further feels that the proposal expands recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. That being the case, Staff recommends that the employee housing mitigation requirements be waived. STAFF RECOMMENDATION: Staff believes that the proposed application meets the review standards for approving an SPA amendment pursuant to Land Use Code Section 26.440.090, Amendments to SPA Development Orders. Staff further believes that the proposal meets the review standards for approving a GMQS review for an essential public facility and waiving the affordable housing mitigation requirements because the application is consistent with community goals. Staff recommends that the Planning and Zoning Commission approve the attached resolution, recommending that City Council approve the requested SPA amendment, GMQS review for an essential public facility, and employee housing mitigation waiver with the conditions contained therein. RECOMMENDED MOTION: (ALL MOTIONS ARE MADE IN THE AFFIRMA TIVE) "[ move to approve Resolution No.;..!; Series of 2005, recommending that City Council approve .with conditions, an SPA amendment and GMQS review for an essential public facility for Aspen Junior Hockey to construct a 136 square foot office space and a 295 square foot meeting room in the Aspen Recreation Center, 861 Maroon Creek Road, City and Townsite of Aspen." A TT ACHMENTS: Exhibit A --Review Criteria and Staff Findings Exhibit B --Application 3 " RESOLUTION NO. J..!5 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-142-00-851 WHEREAS, the Community Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(0)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the Planning and Zoning Commission approved Resolution No.;l4'Series of 2005, by a _ to _L- ~ vote, recommending that City Council approve with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the , approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the Planning and Zoning Commission hereby recommends that City Council approve an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following conditions: 1. The Applicant shall apply for and obtain a building permit prior to commencing construction. The building permit application shall include: a. A copy of the final Ordinance. b. A construction management plan. 2. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. 3. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. 4. Employee housing mitigation in the amount of one full-time employee is hereby waived. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. , , Section 4: If any section, subsection, sentence, clause, phrase, or portion of this 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk "'..... Exhibit A Review Criteria & Staff Findings SPA Amendment. The Planning and Zoning Commission and City Council may approve an amendment to an approved SPA if the proposal meets the following review standards: I. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Staff Findinl!: The proposed amendment not impact the height, bulk, architecture, landscaping, or open space since the proposal will only affect the interior. Staff feels that the proposed use of the space that would be added to the ARC of office and a meeting room is an accessory use to the recreational use of the entire facility, which is consistent with the other uses within the facility. Staff finds this criterion to be met. 2. Whether sufficient public facilities and roads exist to service the proposed development. Staff Findinl!: The proposed amendment will not impact the ability of the existing public facilities to accommodate the ARC. Staff finds this criterion not to be applicable to this application. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Staff Findinl!: The building already exists and the amendment simply proposes an addition of interior space. Staff finds this criterion not to be applicable to this application. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Staff Findinl!: The proposed amendment will not impact view planes or have an environmental impact on open space or trails. However, Staff does believe that the proposal will have be a positive for participants and coaches in the Junior Hockey Program, 4 ","'..', which is a fairly good size subset of the general population of Aspen. Staff finds this criterion to be met. 5. Whether the proposed development IS III compliance with the Aspen Area Comprehensive Plan. Staff Findinl!: Staff believes that the proposed amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Statf further believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspen Ice Garden and the ARC, and thereby reducing pollution. Staff finds this criterion to be met. 6. Whether the proposed development will require the expenditure of excessive public funds to provide public facilities for the parcel, or the surrounding neighborhood. Staff Findinl!: The project does not require the expenditure of public funds or provision of public facilities. Staff finds this criterion not to be applicable to this application. 7. Whether proposed development on slopes in excess of twenty (20) percent meet the slope reduction and density requirements of Section 26.445.040(B)(2). Staff Findinl!: The proposed amendment simply impacts the interior of an existing building. Staff finds this criterion not to be applicable to this application. 8. Whether there are sufficient GMQS allotments for the proposed development. Staff Findinl!: The Applicant has concurrently applied for GMQS review for an essential public facility. Staff finds this criterion to be met as long as the associated growth management application obtains approval. 5 ,'"",, Exhibit A Review Criteria & Staff Findings GMQS Review for an Essential Public Facility. The Planning and Zoning Commission and City Council may approve a GMQS review for an essential public facility if the proposal meets the following review standards: a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (See definition.) Accessory uses may also be part of an Essential Public Facility project. Staff Findinl!: The primary use of the structure was determined to be an essential public facility by City Council during the original review of the development proposal in 2001. Staff believes that the proposed office space and meeting room for the use of the Junior Hockey Program are accessory to the recreational use of the property. Staff finds this criterion to be met. b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030.C, Development Ceiling Levels and Section 26.470.030.0, Annual Development Allotments. Staff Findinl!: There are sufficient development allotments available to accommodate the additional 431 square feet of net leasable space that would be added to the ARC as a result of this proposed amendment. Staff finds this criterion to be met. c) The proposed development is consistent with the Aspen Area Community Plan. Staff Findinl!: Staff believes that the proposed amendment is consistent with the AACP in that the proposal would expand recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Staff further believes that the proposal would be consistent with the AACP in that it would provide for less traffic heading back and forth from the Aspen Ice Garden and the ARC, and thereby reducing pollution. Staff finds this criterion to be met. d) A sufficient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in- lieu thereof in a manner acceptable to the City Council. The Employee 6 r~>...... , Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Findine: The Applicant has requested a waiver from employee housing mitigation. Typically, the application would be required to mitigate for approximately one full time employee. Staff does believe that City Council could make a finding that the application is consistent with the community goals of reducing pollution by limiting the vehicular trips that coaches make back and forth from town to the ARC. Staff further feels that the proposal expands recreational opportunities through a partnership between the City and a non-profit organization without compromising the aesthetics of the building or the site. Staff finds this criterion to be met if City Council grants an employee housing mitigation to the application. e) Free-Market residential Hoor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.040.C.6, unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a different limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Staff Findine: Please see Staff s response to review standard "D" above. t) The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the proj ect. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Staff Findine: Staff does not believe that the proposed amendment will place considerable additional demand on public infrastructure or necessitate additional public improvements. Staff finds this criterion to be met. 7 r-, ~-' MEMORANDUM TO: James Lindt, Community Development Department FROM: Cindy Christensen, Housing Office DATE: July 5, 2005 RE: ARC EXPANSION - JUNIOR HOCKEY Parcel ID No. 2735-142-00-851 ISSUE: The applicant is seeking approval to add 136 square feet for office space and 295 square feet for a conference room to be used by Junior Hockey. Mitil!:ation Requirement: The applicant is proposing to ask for a waiver for the employee housing mitigation impact for an essential public facility for the purpose of promoting civic uses and/or in consideration of broader community goals. The waiver is the decision of City Council. Should the waiver be denied, the following mitigation would be required: Net Leasable Square feet divided by 1,000 square feet X the mid range ofFTE's generated in the Office Zone District X 60% mitigation requirement times the average between the Category 2 and Category 3 payment-in-lieu fee. 431 sq. n. -;-1,000 sq. n. = .431 X3.9= 1.6809 X 60% = 1.00854 X $199,115 =$200,815.44 According to the calculation above, the payment-in-lieu fee of$200,815.44 would be required upon building permit approval. RECOMMENDA nON: Staff would recommend approval under the following conditions: 1. Payment-in-lieu fee is paid prior to building permit approval of $200,815.44 and receipt of such payment shall be provided to the Housing Office prior to building permit approval; OR 2. A studio unit be provided; OR 3. City Council exempt mitigation and grant a waiver due to the ARC being an essential public facility and the request is warranted for the purpose of promoting civic uses. ,..-, ....... ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: Is e It '\A fJ6 V /~ .sPA IIw:s~e~cfo 0/2/0 <, / ,200_ SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ) 55. County of Pitkin ) I, ~ \ (1[,,1/1 (0 <; G ~J ) - (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, L waterproof materials, which was not less than twenty-two (22) inches wide and twenty-sill (26) inches high, and which was composed ofletters not less than one ~ch in height. Said notice was posted at least fifteen (15) days prior to th,;,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) ofthe Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agen~ that owns property within three hundred (300) feet of the property subject to the.. development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .-, ~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ~d~L ature '1'l.. The foregoing "Affidavit of Notice" was acknowledged before ~sl ~ day of ,.;;:::::ru~ ,200..5, by ~ _ "'> ~1Y"'l ' PUBUC NOTICE RE' ISELIN PARK SPA AMENDMENT (ASPEN JUN- IOR HOCKEY MEETING ROOM AND OFRCE), GMQS REVIEW FOR AN ESSENTIAL PUBue FA- ([UTI AT THE ~p N RECREATION CENTER (ARC) NOTICE IS BY GIVEN that a public hearing will be held n Tuesday, A.ugUSI 2, 2005, alameetingtobe at 4:30 p.m. before the As- pen Planning and nlngCommisslon, Sister Cit- les Room, City Hall, 130 S. Galena St., Aspen, CO, 10 review an application lor a Specially Planned Area (SPA) amendment and GMQS review for an essential public facility submitted by Aspen Jun- ior Hoekey, PO Box 4153. Aspen, CO 81612, with consent to apply from theClty of Aspen. Theap- plication requests the ability to construct 136 square leet ofollice space and 295 square feet of meeting space wlthin the existing Aspen Recrea- tion Center (ARC). The subject property is locat- ed at 861 Maroon Cn~k Road and is commonly known as the Aspen Rxreation Center (ARC). For further infonnallnn, contact James Lindt at the City of Aspen Ccmmunity Development De- partment, 130 s. Galena St., Aspen, CO (970) 429- 2763, (or by email atiamesl@CJ.aspen.co.us). All written correspondence related to the applica- tion should be sent te. the above e-mail or physi- caladdress. Applk~"",,,"J"",'''H''k,,,POBo'4153'''_ JGRAPH OF THE POSTED NOTICE (.SIG'N) pen, co 81612 s/JasmineTygre, Chair Aspen Planning and Zoning Commission Published in the AsPlo.'fi Times on July 17, 2005. (2873) / WITNESS MY HAND AND OFFICIAL SEAL Y/:.23/~ My commission expires: Notary Public ATTACHMENTS: COPY OF THE PUBLICATION R.S AND GOVERNMENTAL AGENCIES NOTICED BY MAIL :32"'5 ';)LDV C~VM' I'Ty D'V" O'V[\~ v. .y _ _ _ '- ~ , \' 11 2 q (~ ? .v, v'.' J ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ,4t<t - niva:... /:_#1-:. SCHEDULED PUBLIC HEARING DATE: tI1(;7 2. , Aspen, CO , 200 ~- STATE OF COLORADO ) ) 55. County of Pitkin ) 1, A ee. ~dee (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the follo",ing manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. W- Posting of notice: By posting of notice, which form was obtained from tile Conummity Development Department, which was made of suitable, watetproof 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 1J. day of f}~ ' 200.s:.. to and including the date and time of the public hearing. photograph of the posted notice (,ign) is attached hereto. t1/J Mailing of notice. By the mailing of a notice obtained from the Community -f:j-- 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 govemmental or quasi-govemmental 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) . v_. . 3. 2 ::::) 5 . : Oc:~ CO'~M' '\ .~v ~:v;: O:V'tN'C ,'t.. ''r _ , iJ _ _ _ . ~O, 230; 2 Rezoning or text amendmenr, 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 tile 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 otller 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 il1spection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature yL~ 1'1 TI~regOing "Affidavit of Notice" was acknowledge\!. before me this It) day of S' 0 , ~_ ' 2005" by Cf-r · 0 "'-f!aNlv.. WITNESS MY HAND A.~ OFFICIAL SEAL My commission expires: ~ 0.--'-1 ~ 0 <I ~...-' oJ,; b "(;,) Not ublic , ATTACHMENTS: COPY OF THE PUBliCATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL J._, ),2805 8:50AM CC,\,i\AUN:TY D:V:LO~,'mT NO, 2697 p, 2 PUBLIC NOTICE RE: ISELIN PARK SPA AMENDMENT (ASPEN JUNIOR HOCKEY MEETI~G ROOM AND OFFICE), GMQS REVIEW FOR AN ESSENTIAL PUBLIC FACILITY AT THE ASPEN RECREATION CENTER (ARC) NOTICE IS HEREBY GIVEN that a public hearing will be held on Ttlesday, August 2, 2005, at a meetillg to begin at 4:30 p.m, before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, CO, to review an application for a Specially Plar.ned Area (SPA) amendment and GMQS review for an essencial public facility submitted by Aspen Junior Hockey, PO Box 4153, Aspen, CO 81612. with Consent to apply from the City of Aspen. The application requests the ability to construct ] 36 square feet of office space and 295 square feet of meeting space within the existing Aspen Recreation Center (ARC). The subject property is located at 861 Maroon Creek Road ann is conU110nly kn01.lt11 as the Aspen Recreation Center (ARC). For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 429-2763, (or by cmail at iamesl(,vci.asp,m.co.us). All written correspondence related to the application should be sent to the above e-mail or physical address. Applicant: Aspen Junior Hockey, PO Box 4153 Aspen, CO 81612 s/Jasmine Tv!!re, Chair Aspen Planning and Zo,ning Commission Published in the Aspen Times on July 17, 2005 City of Aspen Account . Jam and Smudge Free Printing Use Avery'8 TEMPLATE 51608 ASPEN RECREATION CENTER CHAMPS OF ASPEN LLC 861 MAROON CRK RD ASPEN, CO 81611 BRADFORD DEBORAH PO BOX 4856 ASPEN, CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 DULANEY DAVID & ANNA MARIA 1205 TIEHACK RD ASPEN, CO 81611 GEER JANE MOORE 1/3 PO BOX 126 WOODY CREEK, CO 81656 MAROON CLUB LOT 7 HOUSE LLC 465 N MILL ST#18 ASPEN, CO 81611 MCCOY MICHAEL & JON I 5950 BERKSHIRE LN #1400 DALLAS, TX 75220 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 WOODWARD RALPH H 105 WOODWARD LN ASPEN, CO 81611 - www.avery.com HIOo-GQ-AVERY ~ - ASPEN SCHOOL DISTRICT NO 1 RE 0235 HIGH SCHOOL RD ASPEN, CO 81611 CARSON L KELLEY PO BOX 8927 ASPEN, CO 81612 COTE BROWNLEE B 6650 E SOPRIS CREEK RD SNOWMASS, CO 81654 ECHELE ROBERT CHRISTIAN FlEV TRUST 143 CLARENDON AVE PALM BEACH, FL 33480 LOT 4 MAROON CREEK LLC 621 STONE CANYON RD LOS ANGELES, CA 90077 MAROON CREEK CLUB MASTER ASSOCIATION 10 CLUB CIR ASPEN, CO 81611 MCCREARY WILLIAM F & PHILLIS M 9750 AMANITA AVE TUJUNGA, CA 91042 S<;:HENNUM EARL C JR & CAROL M PO BOX 867 ASPEN, CO 81612 , ~ \i\ AVERV@ 516t)8 BRADFORD DEBORAH 45 GLEN EAGLES DR ASPEN, CO 81611 CHURCH OF JESUS CHRIST OF LDS C/O REAL ESTATE DIVISION 50 E NORTH TEMPLE 22ND FL SALT LAKE CITY. UT 84150 DOREMUS ANDREW J & JEANNE C 75.5034% 85 GLEN GARRY DR ASPEN, CO 81611 FRAMPTON GEORGE T JR 447 E 57TH ST#13A NEW YORK, NY 10022 LOT 4 MAROON CREEK LLC C/O SCOTT MARTIN 445 FRONTAGE RD BURR RIDGE, IL 60527 MAROON CREEK CLUB MASTER ASSOCIATION C/O JOSHUA AND CO 300 SHUNTER ST ASPEN, CO 81611 MOORE FAMILY PUD MASTER ASSOC INC C/O KAUFMAN & PETERSON PC 315 E HYMAN #305 ASPEN, CO 81611 SLATER LAWRENCE J 1072 MAROON CRK RD ASPEN, CO 81611 . .-... ......... &11 111\)- \ljdf/ . ASPEN JUNIOR HOCKEY P.O.BOX 4153 ASPEN, CO 81612 970/925-8737 970/379-3224 970/925-4548 fax le~ardee@aol.com - Mr. James Lindt Senior Planner City of Aspen, Community Development 130 South Galena St. Aspen, CO 81611 June 3, 2005 Dear James: This letter will serve as the cover sheet for Aspen Junior Hockey's application for the Community Development Director's final approval of an Inconsequential SPA Amendment and approval of an amendment to the ARC's GMQS Exemption with regard to Aspen Junior HOCkey's building a cantilevered office and small meeting room above the stands in the Lewis Ice Arena in the ARC. Aspen Junior Hockey also requests that the application and review fees be waived in light of the mission of our organization and our terribly tight bUdget I will be Aspen Junior Hockey's representative in this matter and I can be reached at any of the above listed numbers. DESCRIPTION OF PROPOSAL USE: John McBride, who started Aspen Junior Hockey in 1968 , has raised the necessary funds to construct a small office and meeting room at the ARC. The office will be used by Our full time Director of Hockey and the small meeting room will be used for AJH related meetings. Activities on the ice will be able to be viewed from both areas of the proposed addition. Our Director presently offices in a , ''> - . - similar sized back office at the Aspen Ice Garden. Board meetings and other AJH meetings are presently held at the small meeting room at the Ice Garden. It should be pointed out that the majority of our teams practice at the ARC and that our Director of Hockey already spends a great deal of his time at these practices and at league games at the ARC. Additionally, he has been the coach of the High School hockey team which practices and plays its games at the ARC. In the proposed meeting room at the ARC, Aspen Junior Hockey will display its many trophies and awards that have been won by its teams over the years. This will be an important location in our fund raising efforts. We have met with the Rec Department and the Asset Department and they have agreed that the few seats that are lost due to the new construction are almost never used and that for larger events the office and meeting room could be used by VIPs. They do not consider the net loss of seats significant In summary, the activities that will OCcur in the proposed office/meeting room will be the same activities that are now taking place at the Ice Garden. Reviewers should be reminded that a great portion of the funds for the ice portion of the ARC was raised by Aspen Junior Hockey, its parents, friends and supporters. It only seems fair that its Director and Board should be allOWed to operate from that location. DESCRIPTION Aspen Junior Hockey proposes to construct an approximately 136 sq.ft. office and an approximately 295 sq.ft. meeting room and an approximately 54 sq.ft. walkway in an area that is cantilevered above the end portion of the stands in the comer of the Ice Arena opposite George Puzak's office. Both the office and meeting room would have glass windows which would allow good viewing of the ice below. ".- '~ ......., ,.... - The proposed addition was designed by AI Beyer and is being refined by Graeme Means, both local architects, and the structural engineering was done by Bob Pat ilia, who was the local structural engineer on the ARC. We have also met with Randy Rexwinkle, the engineer with MKK who designed and supervised the HVAC and utility work at the ARC. All agree that there are no technical problems in accessing utilities, including firesprinklers, to the proposed addition. REVIEW STANDARDS A. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. The ARC will still be used solely for the approved uses; certainly the primary user of the ice facility is expected to have an office and meeting room.. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land. The ARC's footprint will not change in any way. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public faCilities. Aspen Junior Hockey's Director and its Board already spend a great amount of time at the ARC; no new trips would be generated. 4. A reduction by greater than three (3) percent of the approved open space. The ARC's footprint will not be changed; open space will not be affected. 5. A reduction by greater than one (1.) percent of the off-street parking and loading space. Off street parking will not be affected by the proposed addition. 6. A reduction in required pavement widths or rights-of-way for streets and easements. The proposed addition will nol affect pavement widths or rights-of-way. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. The ARC is not a Commercial building and the proposed addition will not be leased. ... 8. An inc;;;;'se by greater than one (1) percent in the approved residential density of the development. The proposed addition will not affect the residential density, 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting of a further variation from the project's approved use or dimensional requirements. The proposed addition is not inconsistent with the original approval or approved use or dimensional requirements. H. Construction of essential public facilities. This exemption is not deducted from the respective annual development allotment established pursuant to section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to section 26.470.030. Review is by City Council. This exemption is available provided the following conditions are met: 1. Except for housing, development shall be considered an essential public facility if: a. it serves an essential public purpose, provides facilities in response to the demands of growth, is not itself a significant growth generator, is available for use by the general pUblic, and serves the needs of the city. The ARC has already been determined to be an essential public facility. The addition in question clearly meets the same criteria. 2. An applicant for an exemption pursuant to this section shall be required to demonstrate to the satisfaction of the City Council: a. That the impacts of the essential public facility will be mitigated, including those associated with: i. the generation of additional employees, the demand for parking, road and transit services, and The proposed addition will add no additional employees, parking, road or transit services. Aspen Junior Hockey's Director has been officed at the Ice Garden and spends half of his time at the ARC. The office at the Ice Garden could converted to storage space which would negate any appearance of employee generation. ii. the need for basic services including but not limited to water SUpply, sewage treatment, drainage Control, fire and police protection, and solid waste disposal. It shall also be demonstrated ,., ......, that: The ARC has all basic services which will be available to the proposed addition. ... -" iii. the proposed development has a negligible adverse impact on the city's air, water, land and energy resources, and is visually compatible with surrounding areas. The proposed addition will be in the interior of the ARC, it will not affect the exterior spaces. Notwithstanding the criteria as set forth in subsections (1) and (2), above, the City Council may determine upon application that development associated with a nonprofit entity qualifies as an essential public facility and may exempt such development from the growth management competition and scoring procedures and from such mitigation requirements as it deems appropriate and warranted. We deeply believe that the proposed addition of a Director's office and meeting room at the ARC will improve Aspen Junior Hockey's operations and help us increase the number of players. This will enable us to rent more ice from the City of Aspen which will help offset the ARC's expenses. I look forward to meeting with you and with City Council. Please contact me immediately at any of the above numbers if you have any questions or require any additional information. Sincerely, ee Pardee Boardmember