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CITY COUNCIL AGENDA
August 28, 2006
5:00 P.M.
I. Call to Order
II. RollCall
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor and Council member Comments
b) City Manager's Comments
c) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #66, 2006 - Opposing State Amendment 38, Initiative and Referendum
Procedures
b) Resolution #67, 2006 - Supporting Referendum I: The Colorado Domestic
Partnership Act
c) Minutes - August 14, 2006
VII. First Reading of Ordinances
a) Ordinance #34,2006 - Supplemental Appropriation P.H. 9/11
b) Ordinance #36, 2006 - Jewish Community Center Subdivision P.H. 9/25
c) Ordinance #37, 2006 - Dean Street Vacation P.H. 9/11
VIII. Public Hearings
a) Ordinance #35, 2006 - North Spruce Water Agreement Amendment
b) Ordinance #28,2006 - Lift One Condominiums PUD - Public Hearing
c) Ordinance #26, 2006 - Boomerang Lodge PUD
d) Ordinance #31 , 2006 - 100 East Bleeker Establishment of 2 TDRs
e) Ordinance #32,2006 - 403 West Hallam Establishment of 2 TDRs
f) Resolution #69, 2006 - Appeal of Code Interpretation Section 26.425 - Sardy
House
IX. Action Items
a) Housing Rent Subsidy - Aspen Country Inn
b) Resolution #65, 2006 - Calling Special Election
c) Resolution #68, 2006 - Ballot Questions
X. Adjournment
Next Regular Meeting September 11, 2006
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
RESOLUTION NO.l{)
Series of 2006
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, SUPPORTING THE SAFE
CLIMATE ACT OF 2006 (H.R. 5642) AND THE GLOBAL WARMING POLLUTION
PREVENTION ACT OF 2006 (S.B. 3698).
WHEREAS, global warming, caused primarily by the burning of fossil fuels, poses a
major threat to the prosperity of Aspen;
WHEREAS, scientific consensus tells us that we face a grave risk of irreversible and
devastating global warming if global temperatures increase by more than 3.60F.
WHEREAS, recent research indicates temperature increases will be more pronounced in
Aspen than global averages;
WHEREAS, the City of Aspen, through adoption of the Canary Initiative, signing ofthe
U.S. Mayors Climate Protection Agreement and membership in the Chicago Climate
Exchange, has committed to act on global warming by reducing its global warming
pollution;
WHEREAS, the City of Aspen joins hundreds of other municipalities in acting on global
warmmg;
WHEREAS, immediate action at the federal government level is needed for the global
reductions required to stabilize the climate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section One.
The City of Aspen officially supports the following federal legislation:
The Safe Climate Act of 2006 (H.R. 5642):
. Sets greenhouse gas emissions targets that aim to keep temperatures below
the danger point. The level of emissions is frozen in 20 I 0 and then
gradually reduced each year through 2050.
. Achieves these targets through a flexible economy-wide cap-and-trade
program for greenhouse gas emissions, along with measures to advance
technology and reduce emissions through renewable energy, energy
efficiency, and cleaner cars.
n I
The Global Warming Pollution Prevention Act of2006 (S.B. 3698):
. Requires that the U.S. reduce its emissions between 2010 and 2020 to 1990
levels. By 2030, the U.S. must reduce its emissions by 1/3 of 80% percent
below 1990 levels, by 2040 by 2/3 of 80% percent below 1990 levels and
by 2050, to a level that is 80 percent below 1990 levels.
. In the event that global atmospheric concentrations exceed 450 parts per
million or that average global temperatures increase above 2 degrees
Celsius (3.6 degrees Fahrenheit) above the pre-industrial average, EPA can
require additional reductions.
. Requires the US to derive 20% of its electricity from renewable sources by
2020.
AND ADOPTED by the City Council of the City of Aspen on the
$ day of
2006.
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 res ution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held
2006.
Kathryn S. Koch, City Clerk
RESOLUTION #1c1n
(Series of 2006)
VIa,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, IN
OPPOSITION TO THE 2006 BALLOT ISSUE KNOWN AS "PETITIONS",
AMENDMENT 38 TO THE COLORADO CONSTITUTION, THAT WOULD MAKE
CHANGES TO THE PETITIONING PROCESS AND ADVERSELY IMPACT
OPERATIONS OF THE CITY OF ASPEN AND ALL ITS ENTERPRISES,
AUTHORITIES AND RELATED GOVERNMENT ENTITITES TO THE DETRIMENT OF
THE CITIZENS OF ASPEN
WHEREAS, an initiated constitutional amendment, Amendment 38 to the
Colorado Constitution, has been certified for consideration by the voters of the State of
Colorado at the coordinated election to be held in November 2006; and
WHEREAS, Amendment 38 proposes to supersede and overrule all conflicting
provisions of the Colorado Constitution, Colorado Statutes and City of Aspen Charter to
implement a new initiative and referendum petitioning process in Colorado; and
WHEREAS, severely impairs the ability of local governments to promptly
respond to the needs of their citizens by postponing the effective date of ordinances to
91 days and in some cases for up to 11 months; and
WHEREAS, Amendment 38 severally limits the information the public will receive
on a ballot issue by requiring governments to distribute a 1,000 word statement, exactly
as written by the proponents, to every registered voter in the municipality, while
opponents' statements cannot be longer than the proponents' statement and must be
summarized by an election official before it is distributed to voters; and
WHEREAS, Amendment 38 prohibits public resources or staff time to be used to
"discuss" the pending ballot issue. This radical change from current law will not permit
a government to answer questions from the public concerning such issues, pass
resolutions expressing the local city council's point of view, or put out balanced
information on the local impacts of various ballot issues; and
WHEREAS, Amendment 38 states that "no district resources... shall aid accused
violators to repay expenses." creating an unreasonable personal financial liability for
public employees. Public officials would have to pay their own defense expenses
regardless of whether they are ultimately found to have violated the law. If a local
official is found to have improperly "discussed" a pending ballot issue while on public
time, the official and the government must each pay a minimum of $3,000 to the State
General Fund; and
. WHEREAS, Amendment 38 is a very bad choice for the citizens of Aspen and
the State of Colorado; and
NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN CITY COUNCIL that it
is opposed to the ballot question known as "Petitions", Constitutional Amendment 38
that will appear on the November 7, 2006 coordinated election ballot and urges the
electors of the City of Aspen to oppose said proposed amendment and to vote "No" on
its passage.
Dated:
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 August 28, 2006.
Kathryn S. Koch, City Clerk
Vlb
RESOLUTION NO. 67
(Series of 2006)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, IN SUPPORT
OF REFERENDUM I: THE COLORADO DOMESTIC PARTNERSHIP ACT
WHEREAS, thousands oflaw-abiding, taxpaying Coloradans are denied basic
legal protections and responsibilities merely because they live in committed, same-sex
relationships; and
WHEREAS, committed same-sex couples are not guaranteed the right to visit a
partner in the hospital, direct his or her care in a nursing home, or to leave their property
to whom they wish upon death; and
WHEREAS, gays or lesbians who die without a will are more likely to have their
property left to the government than to their partner; and
WHEREAS, this November, Colorado voters will have the opportunity to approve
Referendum I, a registered civil contract between committed same-sex couples; and
WHEREAS, Referendum I, while not marriage, will provide many, but not all, of
the protections and responsibilities that these couples deserve; and
WHERAS, the passage of Referendum I will send a strong signal throughout the
country about Colorado's commitment to fairness and equality for all citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That it hereby declares its full public support of and urges a YES vote on
Referendum 1: the Colorado Domestic Partnership Act at the General Election on
November 7,2006.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the 28th day of August 2006.
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 ofthe City of
Aspen, Colorado, at a meeting held on the day hereinabove stated.
The Facts on Referendum I
It's not marriage. It's basic legal rights.
Colorado voters will go to the polls this November to consider Referendum I, which was
sent to the ballot by a strong, bipartisan majority of Colorado lawmakers.
The referendum does NOT authorize gay marriage. Rather, it fixes a hole in state law by
clarifying the legal status of committed Colorado couples.
Referendum I simply provides committed couples with basic legal protections and
responsibilities, including the right to visit a partner in the hospital, make medical
decisions for an incapacitated partner, make funeral arrangements, direct nursing home
care and secure basic property and inheritance rights.
It creates a binding, legal agreement between a committed couple to provide the basic
responsibilities they are currently denied.
. Thousands of committed Colorado couples are not guaranteed the ability or
the responsibility to make decisions regarding medical treatment for one
another.
. Thousands of committed Colorado couples are not guaranteed the right to
make funeral arrangements for a deceased partner.
. Thousands of committed couples lack access to heath insurance benefits
through a partner's place of business.
. Referendum I would also help protect children by ensuring that the courts
enforce the responsibility of same-sex partners to pay alimony and child
support.
1725 Walnut St. Boulder, CO www.fairequal.org 303.800.0593
Referendum I: Basic Legal Rights
Good for Colorado's Economy. Good for CoIorado.
What does Referendum I do?
Referendum I does NOT authorize gay marriage. It simply creates a binding, legal
contract for committed couples who are currently denied the basic rights and
responsibilities that other couples enjoy. Referendum I will provide the right to visit a
sick partner in the hospital, the right to direct medical care for an incapacitated partner,
and basic property and inheritance rights.
Why is Referendum I needed?
Our laws are broken. Today, thousands of committed couples lack basic legal protections
and responsibilities. These couples are not guaranteed the right to see each other in the
hospital, direct nursing home care or make funeral arrangements for each other.
Referendum I would bind these couples to their commitments and hold them accountable.
How is this different than marriage?
Colorado law already defines marriage as between one man and one woman. Referendum
I specifically states that it would not change the status quo. Referendum I simply creates
a binding, legal contract that defines the responsibilities and protections for committed
same-sex couples - more like a will than a marriage. More than 1,100 rights guaranteed
to married couples by federal law will remain off-limits to same-sex couples. They will
not be able to file joint tax returns, nor will they receive Social Security survivor benefits.
The relationship will not be recognized by other states, nor will Colorado be required to
recognize civil unions or same-sex marriages from other states.
1725 Walnut St. Boulder, CO 80302 p 303-800-0593 www.fairequal.org
Do other businesses support domestic partnerships?
A majority of Fortune 500 companies already offer domestic partnership health care
benefits because they've found it helps them recruit and retain employees.
Which Colorado employers already offer domestic partnership benefits?
Anthem Blue Cross, Colorado College, First Data Corporation, Janus Capital Group, Inc.,
Level 3 Communications, Inc., Molson Coors Brewing Company, New Belgium Brewing
Company, Newmont Mining Corporation, Qwest Communications International, Sports
Authority, Wild Oats Markets, Inc.
Will the government force a business to offer heaIth care benefits?
No. If a business does not currently offer health care benefits to employees' spouses, it
will not be required to offer those benefits to domestic partners.
What if my business does offer heaIth care benefits to spouses?
Referendum I will extend the same protections to domestic partners that you currently
offer spouses. Many companies who already do this voluntarily have found the costs to
be negligible because, in many cases, both partners already have jobs with benefits.
Will this be a paperwork headache?
No, because most insurance companies already have domestic partnership plans. And
when Referendum I passes, it will eliminate the guesswork over who qualifies. There will
be one document: a license obtained at county courthouses.
Why do we need a new Iaw since people already form contracts to handle some of
these issues?
Spouses retain many of these rights automatically while same-sex couples must pay
lawyers and accountants to create wills, powers of attorney and other legal documents.
And, still there are limitations. Any legal document can be challenged in court and many
issues, such as health care benefits, cannot be obtained even with contract.
Why does Referendum I limit its benefits to same-sex coupIes?
A bipartisan majority of Colorado lawmakers supported Referendum I as a way to level
the playing field and create a similar set of rights and responsibilities for all Colorado
couples. Referendum I in no way creates special rights. It only attempts to deliver some
necessary legal protections to thousands of Colorado couples who don't have them now.
1725 Walnut St. Boulder, CO 80302 p 303-800-0593 www.fairequal.org
Why Referendum I does NOT authorize marriage
Only married couples can file joint tax returns; Referendum I will not change that.
Married couples have access to tax deductions; Referendum I will not change that or
grant access to anyone else.
Married couples benefit from more than I, I 00 provisions in federal law; Referendum I
will not change those provisions or extend them anyone else.
Marriage is portable. A marriage performed in one state is honored in all 50 states;
Referendum I is not portable - it is simply a contract that is only valid in the State of
Colorado.
Married couples have access to Social Security after a spouse's death; Referendum I will
not change that or extend that right to anyone else.
Married couples can take advantage of veterans' discounts based on a spouse's service in
the armed forces; Referendum I will not change that or permit allow anyone else to take
advantage of those discounts.
Marriage licenses have no residency requirement; Referendum I does. Anyone requesting
a contract under Referendum I must live in the county where they apply.
When a married person dies, his or her spouse automatically inherits that person's
savings tax-free; Referendum I will not change that or extend that right to anyone else.
Tax shelters, such as 40 I (k)s, are transferable among married couples without tax
consequences. Referendum I does not change this or extend these benefits to anyone else.
Laws protect married couples from having to sell their homes to pay for their spouse's
nursing home care. Referendum I does not extend this protection to anyone else.
1725 Walnut St. Boulder, CO 80302 303-800-0593 www.fairequal.org
lJIl a...
MEMORANDUM
TO:
Mayor & City Council
FROM
DATE:
Paul Menter, Finance Director
Don Pergande, Budget Manager
August 22nd, 2006
FIRST READING: Adoption of Budget Supplemental - Ordinance NoJd: (Series 2006) This
item will be discussed on Monday, August 28th, 2006
RE:
SUMMARY:
Staff is requesting an amendment to the City's 2006 budget that increases the city-wide total expenditure
appropriation from $132.3 million to 137.2 million, (See Attachment A). Net of inter fund transfers, budget
authority increases from $114.3 million to $116.2 million.
Interfund transfers are required reallocations of City resources between funds. Interfund transfers are not
expenditures, and should therefore not be included in an analysis of the true cost of City operations. Transfers do,
however, requirl;! appropriation authority from Council. Attachment C provides a detailed listing of budgeted 2006
interfund transfers.
The exhibit below outlines the supplemental request's impact on the City's overall appropriation authority. The
referenced attachments provide itemized listings of requested supplemental budget authority.
CITY OF ASPEN - 2006 SUPPLEMENTAL BUDGET
Description Amount Reference
2006 Adopted Budget: $132,317,815 See Attachment A
Total New Requests: $4,881,884 See Attachment B
Total Supplemental See Attachment B
Reauests: $4881 884
TOTAL ORDINANCE: $137,199,699 See Attachment A
.
Less Interfund Transfers: ($21.011.661) See Attachment C
NET APPROPRIATIONS: $116,188,038 See Attachment A
As noted in the chart above, this supplemental is comprised almost entirely of appropriation requests considered
and approved incrementally by Council between April 14th, 2006 (the date of the last supplemental) and now.
Cash exists in the form of unreserved fund balance or current year revenues to fund all requested appropriations.
These requests are described individually below:
. Attachment B: "New Requests" of $4,881 ,884 are split between requests for interfund transfers of
$3,039,820 and $1,842,064 of formal appropriation, in total change of authority, for issues/projects
previously reviewed by Council during this fiscal year.
. Attachment C: This attachment details all budgeted interfund transfers of the City for 2006 including this
supplemental, which requests approval of $3,039,820 in interfund transfers (also detailed as part of
Attachment A). Pending approval of this supplemental ordinance appropriated interfund transfers total
$21,011,661
New Reauests:
In the General Fund, new requests to be reviewed by City Council, total $471,267. These requests are
made up of the following:
City Manager, $73,500: Two supplemental requests provide for the event and facilitator costs associated
with the recently held Core Values community meetings ($46,000) and the Entrance to Aspen Re-Evaluation
process, scheduled to occur later this year (27,500). 80th of these are one-time appropriation requests from
General fund cash reserves.
Finance Department, 6,800: This is a supplemental request for necessary software to manage the debt
and investment portfolios due to the increasing complexity and size. This is an on-going request. This request
will be funded from the General fund cash reserves.
Community Development, $235,800: $138,800 in one time requests for contractual services, travel, and
other miscellaneous costs associated with the land use review efforts currently under way in response to the
construction permit moratorium approved by Council in April (see attached memo). $47,000 is requested for
relocation of the Deep Powder cabins, and $50,000 is for two previously approved historic preservation zero
interest loans, which will be repaid over a ten year period. These are all one time appropriation requests from
General fund cash reserves.
Environmental Health, $40,667: Requests include funding for the City's yard waste drop off program,
$5,800, a City-wide lighting audit to evaluate the efficiency of the City's electrical lighting systems and recommend
improvements, $2,000, increased costs for the City's greenhouse gas inventory analysis, $4,200, City Hall energy
efficiently improvements, $25,000, and one third of the cost of the $11,000 Colorado climate. $3,667 is funded
from the general fund with the remaining 2/3rds funded from the water and electric utilities through existing
appropriations.
Recreation Department: $3,500: This request is for an appropriation increase due to higher than expected
sales of tennis merchandise. Expenditures are offset by sales revenue.
Interfund Transfers, $111,000: $45,000 of this request is to transfer funds to the Asset Management fund
curb and gutter improvements (described below), $31,000 for the remainder of the contract to complete the third
floor remodel, $15,000 is for the free bus service from the intercept lot into Aspen, and $20,000 is to transfer
funds to the Asset Management fund for the initial planning efforts necessary to develop a master plan for the
Aspen Recreation Center.
Parks and Open Space Fund, $2,896,688: $47,600 is for final payment to the contractor for repainting of
the Aspen Recreation Center, which occurred in 2004. Close out has been delayed on this project for several
reasons, and therefore the final payment must be re-appropriated as part of the current year budget. Cash
remaining from the original project appropriation exists in the Parks and Open space fund to pay for this one time
appropriation request. $3,908 is for a technical adjustment for the manager's savings calculated for the April 24th
adopted resolution, however, this amount did not get included in the total; this will correct the oversight. $11,360
is for Pioneer Park renovation approved in the June 13th work session.
$2,833,820 is requested for interfund transfers necessary to payoff two interfund loans. These two loans,
approve by City Council in 2002, financed approximately $6 million of the Aspen Recreation Center construction
in 2002, bridging the gap between the total project cost and committed, but not received donations from SPARC
for the Lewis Ice Arena. These transfers pay remaining loan balances due to the Wheeler Opera House and the
Housing Development fund, and close out the Parks Capital fund with a zero fund balance.
Wheeler Opera House Fund, $160,831: This request provides formal funding approval for two projects
previously approved by Council; the Auditorium seat replacement project, $149,000, and the Pit Replacement
project, $80,000. As well as, for a reduction in the City / AABC housing project due to a change in design
($68,169).
Parking Improvement Fund, $1,604: This supplemental request is for a technical adjustment for the
manager's savings calculated for the April 24th adopted resolution, however, this amount did not get included in
the total; this will correct the oversight.
Housing Development Fund, $754,534: Appropriations for repairs al 7th and Main, $12,000, Truscott I
Elevator, $25,000, re-keying Aspen County Inn, $8,941, greening of the Burlingame Project, $658,593 this
includes an interfund transfer of $45,000 to the Parking and Transportation fund for the car share vehicle hybrid
upgrade, interfund transfer to the Parks Capital fund for landscaping improvements at Truscott, $50,000, are
requested. All items have been previously reviewed by Council.
Kids First Fund, $2,387: This supplemental request is for a technical adjustment for the manager's savings
calculated for the April 24th adopted resolution, however, this amount did not get included in the total; this will
correct the oversight.
Parks & Open Space Capital Fund, $656,576: Funding requests provide for formal approval of funding
authority for the Aspen Mass open space purchase, $601,400, landscaping improvement at Truscott, $50,000,
reduction in the City / AABC housing project due to a change in design ($29,824), and the City's 50% of the
$70,000 contract to remove debris and rubbish (phase I - see attached memo) from recently acquired parcels
on Smuggler Mountain, $35,000.
Water Utility, $407,094: Appropriation requests provide funding for phase II of the Storm water business
plan, approve by Council in March and currently in its public involvement phase, $80,000, reduction in the City /
AABC housing project due to a change in design ($110,775), and $437,869 for increased capital project costs for
the Si Johnson ditch repair, the Castle Creek Hydro plant, the East Plant Sedimentation Basin upgrade, and the
Reclaimed Water line project.
Parking and Transportation, $68,035: Appropriation request of $45,000 for the Burlingame car share
vehicle hybrid upgrade. This request will be funded from an interfund transfer from the Housing Development
Fund. Council has reviewed this request during the March 14th work session. Appropriation request of $8,035 is
for a technical adjustment for the manager's savings calculated for the April 24th adopted resolution, however, this
amount did not get included in the total; this will correct the oversight. Appropriation request of $15,000 is for the
free bus service from the intercept lot into Aspen. This request will be funded by a transfer from the General fund.
Asset Management Fund, -$537,132: This request includes $45,000 for work at the Aspen Square and for
engineering of a new side walk on Main Street between 5th and 7th. This is funded from an interfund transfer from
the General fund as describe above. $96,112 and $56,492 for Pitkin County's share of capital improvement and
maintenance costs to the City's computer system and telephone and fiber networks respectively. This request is
100% reimbursed by the County. $20,000 is requested to fund the initial planning for an ARC Master plan,
funded through an interfund transfer from the General fund as described above. $31,000 is for the completion of
the third floor remodel funded through an interfund transfer from the General fund as described above. ($785,736)
is a reduction in the City / AABC housing project due to a change in design.
Please feel free to contact either Don Pergande or Paul Menter with questions regarding any of the appropriation
requests included in this ordinance.
Total City of Aspen 2006 Appropriations by Fund - Appendix A ---
-- F--===F---t-
mended 2UUti I 2UUti Amended
Expenditure Supplemental # I Expenditure
Fund # Fund Name Budget 3 Budget
General Government Funds
- -- ~----- ------------------
000 Asset Management Plan __ $6,689,270 -$537.132 _~6.152.138
--
001 General Fund $22 871 372 $471.267 $23 342 639
---..-
Subtotal General Gov't Funds: -- $29,560,642 -$65,865 $29,494,777
Soecial Revenue Funds
- - -
100 ~rks and Open Spa~~ $8,865,480 $2,896,688 $11,762.168
,------ $4,095,330 --=-__$160,831 $4,256,161
120 Wheeler Opera House
130 Lodging Tax Fund $995,087 $0 $995.087
140 Parking Improvement Fund $2,050,966 $1,604 -$2,052.570
150 Housing Development $39.309,802 $754.534 $40.064,336
Early Childhood Educ. Initiative-
151 AVCF $229.222 $0 $229.222
Kids First I Yellow Brick $1 543737 -.- $2 387 $1 546 124
152
Subtotal, Special Rev. Funds: - $57,089,624 $3,816,044 $60,905,668
Debt Service Funds
250 Debt Service Fund $3.853247 --. $3.853.247
-~
Subtotal, Debt Service Funds: - $3,853,247 $0 $3,853,247
.
- -- -- ----~-
340 Parks Capital Improvement Fund $10,052,061 $656,576 $10,708,637
Enterprise Funds -
421 Water Utility $9,895.406 _~iC!?,094 $10,302,500
431 Electric Utility $7,128.348 $0 $7.128,348
441 Stormwater --... $12.908 $0 $12.908
Ruedi Hydroelectric Facility - -- $293,610 $0 $293,610
444
~- Transportation Fund $6.134,336 ~---$68,035 I-- -- $6,202.371
471 Municipal Golf Course $1.149,059 _. _----.to I--- $1,149.059
491 Truscott Housing $2.079,445 $0 $2.079,445
Marolt Housing --.- $1 168.298 ~ $1.168298
492
-1..------- $27,861,410 - $475,129 $28,336,539
Subtotal, Enterprise Funds:
5itI- - Health Ins. Internal SerVice Fund' $2,875,000 -----$0 $2,875,000
~_._-- Trust & Agency Funds u
620 Housing Authority -. $944,870 -- - --- $944,870
620 -- $0
622 Smuggler Mountain Fund -- --- $80.960
tgL-- ------ -- $80.960 - --- ~
Subtotal, Trust & Agency Funds: $1,025,830 $0 $1,025,830
I -
_ _____I A~L FtJNDS: - ----- $132,317,815 $4,881,884 $137.199,699
1-------- 1----.
-- +--- - - - -- ---~_._-----_._---_..- -$3,039,820 $21,011,661
Less Interfund Transfers $17,971,841
- ----- ------ --------- -- ---- f----
1- - -- .--.--------- -- --..- -- ---- -.--.------
EQUALS NET ALL FUNDS
APPROPRIA nONS: $114,345,974 $1,842,064 $116,188,038
A
City of Aspen I Attachment B
Supplemental Budget I
New Funding Requests
Decartment New Reauest DescriDtion Amount Subtotal bv Dent.
001.05:Clty Manager
001.05 Core Values Event Costs, see attached for details $46,000
001.05 Entrance to Aspen re-evaluation, see attached for details $27,500
Subtotal. City Manger Department $73,500
001.11: Finance Department
001.11.11000.82999 Necessary software to manage the Debt and Investment Portfolios $6,800
Subtotal, Finance Department $6,800
001.13: Community Devel
001.13.xxxxx.xxxxx Relocate Deep Powder cabin relocation $47,000
Historic Preservation Loan 616 Main Street (Will be repaid over 20 years
001.13.13400.82999 at $2,500 per year. Previously approved by Council $25,000
Historic Preservation Loan for 1295 Riverside Drive. This loan was
001.13.13400.82999 approved at the October 24, 2005 Council Meeting $25,000
Moratorium Agreements - Clarion, Richman, Work session costs,
001.13.13316.82999 Commercial design, Travel and incidentals, data gathering, contingency $138.800
Subtotal, Com Dev Department $235,800
001.25: Environmental Health
001.25.25500.82999 Yard Waste Drop off Program $5.800
001.25.25502.82999 City-wide li9hting Audit $2.000
001.25.25502.82999 Greenhouse gas emission inventory overage $4.200
001.25.25502.82999 City Hall Energy Efficiency Improvements $25.000
001.25.25502.82999 Colorado Climate Project $3.667
Subtotal, Environmental Health: $40,667
001.71 Recreation
Appropriation increase - Tennis Merchandise for resale. Offset by revenue
001.71.76635.83800 from merchandise sales $3,500
Subtotal, Recreation: $3,500
001.95 Interfund Transfers
Transfer to AMP - Drainage improvements (See AMP Fund for Project
Approp.) $45.000
Transfer to AMP - 31 K for the variance in the 3rd floor remodel $31.000
Transfer to the Parking I Transportation fund for bus service from the
intercept lot to encourage parking your car and taking the bus into Aspen $15.000
Transfer to AMP - funding for the first step in the ARC Capital Plan (See
AMP for Project Approp.) $20,000
Subtotal, Transfers $111,000
SUBTOTAL, GENERAL FUND: $471,267
100: Parks and Open Space Fund
Technical adjustment for the manager savings calculated for the April 24th
adopted resolution however this amount did not get included in the total -
100.55.55000.88901 this corrects this oversight $3,908
100.55.72605.83999 ARC Pool Repainting - Final payment $47.600
Pioneer Park. Renovation - improvement of irrigation system approved
100.55.55200.83999 June 13th work session $11.360
100.95.00000.95120 Transfer to Wheeler Fund - Payoff 2002 ARC lnterfund Loan $1,722.201
100.95.00000.95120 Transfer to Housing fund - Payoff 2002 ARC Interfund Loan $462.000
100.95.00000.95363 Transfer to Parks Facilities Fund 363 - Payoff 2002 ARC Interfund Loan $649,619
$0
I Subtotal, Parks Fund: $2,896,688
120: Wheeler Opera House Fund
Auditorium Seat Replacement - Previously approved by Council. This
120.94.81061.86000 action prOVides formal appropriation of funds $149,000
120.94.82054.86000 Reduction in the City I MBC housing project - change in design ($68,169)]
Pit Replacement - per bid award previously approved by Council. This
120.94.xxxxx.86000 action provides formal appropriation of funds. $80,000
Subtotal, Wheeler Opera House: $160,831
140: Parking Improvement
Technical adjustment for the manager savings calculated for the April 24th
adopted resolution however this amount did not get included in the total -
140.54.54000.88901 ,this corrects this oversight $1,604
I Subtotal, Parkino Improvement Fund $1,604
Att B. New Requests
Page 1
City of Aspen Attachment B
Supplemental Budget
New Funding Requests
,
D~rtment New Reauest DescriDtlon Amount Subtotal bv Dent.
150: Housing Development
150.23.23107.82900 7th @ Main Housing Repairs $12,000
Greening of Burling game project approved by City Council in March - This
amount includes a 45K Transfer to the Parking I Transportation fund for
150.23.XXXXX.86000 the car share hybrid vehicle upgrade $658,593
Transfer to the Parks Capital Fund for landscaping improvements at
150.98.XXXXX,95340 Truscott $50,000
150.23.45110.86000 Truscott Elevator Repairs $25,000
150.23.23300.83999 Re-Key Aspen Country Inn $8,941
Subtotal, Housing Development Fund:! $754,534
152: Kids First
Technical adjustment for the manager savings calculated for the April 24th
adopted resolution however this amount did not get included in the total -
152.24.24000.88901 this corrects this oversight $2,387
Subtotal, Kids First Fund:, $2,387
340: Parks Capital
340.94.82073.86000 Aspen Mass Purchase ~ Payment to Pitkin County $601,400
340,94.82054.86000 Reduction in the City I MaC housing project - change in design {$29,824
Truscott Landscaping - this is funded from an interfund transfer from the
340.94.XXXXX.86000 Housing Development Fund 150 $50,000
340.94.82099.82999 Smuggler Mtn Debris Removal - City share (50% w/Pitkin County) $35,000
Subtotal, Parks and Open Space Capital Fund: $656,576
421: Water Utility
421.94.44414.86000 Storm water Business Plan phase II, per Council Approval March 6, 2006 $80,000
5i Johnson Ditch repair, increase to existing budget of $33k to cover total
421.94.44501.86000 $50k cost per bid results $17,000
Castie Creek Hydro Plant Project Planning Contract w/Smart Mahoney
421.94.44302.86000 Assoc. Total project cost $44k $31,175
East Plant Sedimentation Basin Upgrade, increase in project costs based
421.94.44103.86000 upon bid award to Gould Construction. Total Project cost $462,044 $195,694
421.94.82054.86000 Reduction in the City I AABC housing project - change in design ($110,775)
Reclaimed Water Main Cross Maroon Creek Bridge, Increased costs per
421.94.44615.86000 CDOT. Total project cost $414,257. $194,000
Subtotal, Water Utility:, $407,094
450: Parking I Transportation
Technical adjustment for the manager savings calculated for the April 24th
adopted resolution however this amount did not get included in the total -
450.32.32000.88901 this corrects this oversight $8,035
-c-
450.94.83001.86000 45K transfer from the 150 fund for upgrade of car share vehicles to hybrids $45,000
Transfer from General Fund for the free service from the intercept lot to
encourage parking your car at the intercept lot and taking the bus into
450.32.XXXXX.XXXXX Aspen $15,000
Subtotal, Parking I Transportation $68,035
000: Asset Management Capital
Work at Aspen Square and C & G of a new sidewalk on Main Street
000.15.82002.86000 between 5th and 7th Street improvements $45,000
000.61.61500.86000 County IS AMP Costs - 100% reimbursed from Pitkin County $96,112
000. 13.XXXXX,86000 Third floor remodel - remainder of the contract I $31,000
000.91.82054.86000 Reduction in the City I MBC housing project - change in design ($785,736)
County Share of Telephone and Fiber network maintenance. 100%
000.61.61500.82222 reimbursed by Pitkin County $56,492
ARC Advisory committee is requesting formal appropriation of funding for
000.72.726))1.86000 the first step in the ARC's Capital Improvement Plan - Master Planning $20,000
Subtotal, Asset Management Capital Fund: ($537,132
Total New Requests IAII Funds: 1$4,881,884 $4,881,884
Art B. New Requests
Page 2
CITY OF ASPEN Attachment C
2006 Interfund Transfer
Transfer From Fund Transfer To Fund Amount of Transfer Pu 8 of Interfund Transfer
Asset Manaaement :
Wheeler Doera House $186.488 Transfer to Wheeler Opera House
Kids First Fund $181,690 Transfer to Reoay Streets Loan
Debt Service Fund ~ reduction -$1,203 Correcting Rev Refunding Bonds Transfer
Debt Service Fund 5455 395 Transfer to Debt Service Fund
Subtotal, Transfers From Asset Managem $822,350,
General Fund:
Parks and Onen Soace Fund: $81,960 Annual Partial SubsidY of Food Tax Refund
Housina Develooment Fund $1,126,848 Transfer. Zuoancis Prooertv Re-ourchase
AMP Fund $45,000 Aspen Square and Curb and Gutter rejects
AMP Fund $31,000 Third Floor Remodel - remainina contract
Parkinn and Transoortations Fund $10,000 Correctino Transfer to match Resolution
Parking and Transoortatlons Fund $15,000 Intercept Service to encourage bus usaae
AMP Fund $20,000 First Step of the ARC Master Plan
Transnortation Fund $140000 Operations SubsidV
Subtotal, Transfers from General Fund: I $1,469,808
Parks and 0 en 50ace Fund:
Transfer to fund budgeted 340 Capital
Parks and Ooen Snace Capital Fund $2,039,364 improvement oroiects.
Parks Canital Facilities- SPAC $250,000 SPARC Inter Fund Loan Interest
Debt Service Fund $893,873 Parks 2005 Open Snace Bonds
Debt Service Fund $656,188 Parks Portion, 2001 Sales Tax Revenue Bonds
2005 Par1<s and Open Space Revenue Bonds.
Debt Service Fund $954,506 refunding 1999 bonds
Wheeler Onere House $1,722,201 Payoff the 2002 ARC Interfund Loan
Housing Develonment Fund $462,000 Pa off the 2002 ARC Interfund Loan
ParKs Facilities Fund 363 $649,619 Pa off the 2002 ARC Interfund Loan
Overhead Payment. General Govemment
General Fund $633 944 Support of Fund Onerations
Subtotal, Transfers from Parks and Open I
Space Fund: $8,461,696
Wheeler Opera House Fund
Overhead Payment - General Government
General Fund $226 148 Sunnort of Fund Operations
Subtotal, Wheeler Opera House: $226,148
Parkin Gara e Fund
Transnortation Fund $100,000 Operations Subs!
2004 Certificate of Participation (Refunded,
, Originally Issued in 1989 to construct Rio
Debt Service Fund I $694,488 Grande ParKing Garane
Trans ortation Fund $76,795 Overhead, Transportation Administration
'125190 Overhead Payment - General Govemment
General Fund Support of Fund Ooerations
Subtotal ParKinn Garane Fund: $996,473
Houslna Develooment Fund
450 Trans rtation Fund $2,000,000 Burlingame mitigation
Truscott 1 Rental Housi~ Fund $1,091,192 Truscott I, 2001 Housina Bonds Subsidy
Truscott Landscaninn Im"'rovements Lanscaping improvements. transfer ParKs
$50,000!Capital Fund
!Marolt Ranch Seasonal Housing, Subsidy for
Marolt Ranch Seasonal Housino Fund $38,500 i Budoeted Capitallmnrovements
APCHA Housing Office, Operations Subsidy
Housinn Office OnArations Fund $170,255 (50% of total Subsi;t.;,~ snlit with Pitkin County
Parking I Transnoratation Fund I Upgrade Burlingame car share vehide to hybrid
$45,00olvehlcle
I Overhead Payment - General Government
General Fund $469 2081Supcort of Fund Onerations
Subtotal, Housinl"l Develo"'ment Fund: $3864155.
Dav Care (Kids First !Yellow Brick' Fund I
General Fund $30,OOOiTransfer. New Property Manager Position
Overhead Payment. General Government
General Fund $59850 Support of Fund Operations
$89850i
CITY OF ASPEN Attachment C
2006 Inlerfund Transfer
Transfer From Fund Transfer To Fund Amount of Transfer Pur ese of Interfund Transfer
Parks and ODen 50aee Capital Fund
Overhead Payment - General Government
General Fund $29367' Suooart of Fund Onerations
Water utilitv Fund
Return on Investment Payment, General Fund
Sale of Land to Water Utility for Operations
General Fund $1,000,000 Facilities
General Fund $92,567 1/:3nIobal warmln -EH
Parks Caoital Fund $770,000 Water Reclaim Pro.ect
Parks and 0 en Soace Fund $150,000 Water usage Conservation Programs
Overhead Payment - General Government
General Fund 5614189 Suoport of Fund Operations
Subtotal, Water Utilitv fund:: I $2,626,756
Electric utllltv Fund
General Fund $364,000 Franchise Fee Transfer to General Fund
Overhead Payment - General Government
'General Fund $296,538 Suoport of Fund Operations
Parks Canital Fund $130,000 Water Reclaim Project
Reudi Hvriroelectric Fund Purchase of Hydroelectric power from City-
$406,000 owned Generating Facility
General Fund $92,567 1/3 Global Warming-EH
Water Utility Fund !!:148309 Electric Utility portion of Utilitv Billing Services
Subtotal, Electric Utilitv fund: $1 437412
Reudi Hvdroelectric Fund
Overhead Payment - General Government
General Fund $10,760 Suocort of Fund Operations
Transnortation Fund
Overhead Payment - General Government
General Fund $351,266 Sunport of Fund Operations
Contribution for Mall Rubey Park Mall
Parks and Ooen Soace Fund $318,054 Maintenance
Subtotal Transnnrtatlon Fund I $669,320 I
Golf Course Fund
Overhead Payment - General Government
General Fund $115,721 Sunnort of Fund Operations
Parks and Ocen Soaee Fund 510000 Grounds Maintenance Services
Subtotal Golf Course Fund: $125721
Truscott Rental Housina Fund
Overhead Payment - General Government
General Fund $35,054 Support of Fund Operations
IHousina Ooerations Fund Overhead Payment - Housing Operations
$48,849 Support of Fund Operations
Subtotal Truscott Houslna Fund: $83,903
Marolt Ranch Seasonal Housino Fund
Overhead Payment - General Government
General Fund $16,716 Support of Fund Operations
Housina Oaerations Fund Overhead Payment - Housing Operations
$24,650 Support of Fund Operations
Subtotal, Marolt Ranch Fund: $41366,
Houslna Office Ooeratlons Fund !
Overhead Payment - General Govemment
General Fund: $49 880 Sunnort of Fund Onerations
Sm" ler Housina Fund ,
Overhead Payment - General Government
General Fund $3,382 Suooort of Fund Operations
Housina Ooerations Fund $3315 Housing Overhead
Subtotal, Smuaaler fund $6 697
2005 TOTAL INTERFUND TRANSFERS $21,011,661 i
ORDINANCE NO~
(Series of 2006)
AN ORDINANCE APPROPRIATING A DECREASE IN THE ASSET
MANAGEMENT PLAN FUND EXPENDITURES OF ($537,132), AN INCREASE
IN THE GENERAL FUND OF $471,267, AN INCREASE IN THE PARKS FUND
OF $2,896,688, AN INCREASE IN THE WHEELER FUND OF $160,831, AN
INCREASE IN THE PARKING IMPROVEMENT FUND OF $1604, AN
INCREASE IN THE HOUSING DEVELOPMENT FUND OF $754,534, AN
INCREASE IN THE KIDS FIRST FUND OF $2,387, AN INCREASE IN THE
PARKS CAPITAL IMPROVEMENT FUND OF $656,576, AN INCREASE IN THE
WATER FUND OF $407,094, AN INCREASE IN THE TRANSPORTATION AND
PARKING FUND OF $68,035.
WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may
make supplemental appropriations; and
WHEREAS, the City Manager has certified that the City has unappropriated current year
revenues and/or unappropriated prior year fund balance available for appropriations in
the following fund: ASSET MANAGEMENT PLAN FUND, GENERAL FUND,
PARKS FUND, WHEELER FUND, PARKING IMPROVEMENT FUND, HOUSING
DEVELOPMENT FUND, KIDS FIRST FUND, PARKS CAPITAL IMPROVEMENT
FUND, WATER FUND, TRANSPORTATION AND PARKING FUND.
WHEREAS, the City Council is advised that certain expenditures, revenue and transfers
,
must be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1
Upon the City Manager's certification that there are current year revenues and/or prior
year fund balances available for appropriation in the: ASSET MANAGEMENT PLAN
FUND, GENERAL FUND, PARKS FUND, WHEELER FUND, PARKING
IMPROVEMENT FUND, HOUSING DEVELOPMENT FUND, KIDS FIRST FUND,
PARKS CAPITAL IMPROVEMENT FUND, WATER FUND, TRANSPORTATION
AND PARKING FUND: the City Council hereby makes supplemental appropriations as
itemized in the Attachment A.
Section 2
If any section, subdivision, sentence, clause, phrase, or portion ofthis ordinance is for
any reason invalid or unconstitutional by any court or competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion thereof.
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR
POSTED ON FIRST READING on the day of
2006.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY ADOPTED AFTER PUBLIC HEARING on the _ day of
,2006.
ATTEST:
Kathryn S. Koch, City Clerk
HeIen Kalin KIanderud, Mayor
Approved as to Form:
John Worcestor, City Attorney
MEMORANDUM
TO: Mayor KIanderud and Aspen City Council
THRU: Chris Bendon, Co=unity Development Director
FROM: Jennifer Phelan, Senior Long Range Planner
COPY: Paul Menter, Finance Director
RE: SuppIemental Request - Contracts for ProfessionaI Services ReIated to the
Moratorium
DATE: August 15, 2006
SUMMARY:
As a result of the present moratorium, the Co=unity Development Department has or will be
conducting a number of work sessions on different topics related to the moratorium. It has been
necessary to hire some consultants to aid in data gathering and to present some of the
information at the work sessions. Currently, a budget is included for Council's consideration.
Although certain numbers are firm numbers, for example the CommArts contract, if it is
necessary to increase the scope of work of a consultant, staff may need to request additional
funds in the future.
The total amount being requested is $138,800.000 which will include:
. $ 1,500.00 for food and snacks at eleven or more worksessions.
. $2,800.00 for assistance with data gathering on building permits issued since 2000.
. $ 87,000.00 for continued assistance from Clarion Associates and Alan Richman
Planning Services with regard to planning tools that can be used to implement desired
development outcomes, assistance with reviewing the city's lodging regulations, and
growth management ~ystem. Fifty thousand is associated with the Clarion contract, which
is also on the Council agenda for the 15th; twenty-five thousand is associated with the
contract with Alan Richman, also on the agenda; and twelve thousand is for the lodging
consultant who will provide expertise on the lodging industry.
. $23,200.00 for a co=ercial design review and co=ercial mix presentation. This
presentation will be presented by Ford Prick and Henry Beer and will include a walking
tour and work session with the City Council. The meetings will focus on urban design
principles and an analysis of the Aspen retail environment.
. $11,300.00 in travel and incidentals. The scope of some of the proposals: Clarion's, Alan
Richman's, and Henry Beer's requires that reimbursable expenses and direct costs such
as travel and lodging will be invoiced in addition to the professional fees.
. $10,000.00 in contingency/other contracts.
CITY MANAGER COMMENTS:
ATTACHMENTS:
EXHIBIT 1 - Supplemental Form
A5.~cm
MEMORANDUM
DATE:
July 31,2006
CC:
Mayor and Council
/"
Stephen Ellsperman, Director of Parks and Open spacF'
Brian Flynn, Open Space and Special Projects Manag~
Steve Barwick, City Manager
John Worcester, City Attorney
TO:
THRU:
FROM:
RE:
Supplemental Request for Phase I Smuggler Mountain Open Space Reclamation
SUMMARY: In 2005, The City of Aspen-in a joint purchase with Pitkin County acquired
what is kno~n as Smuggler Open Space. The 15 million dollar purchase was a specific
acquisition of George (Wilk) Wilkinson's 170 + acre property. As part of the purchase, the
respective governments purchased the property in its current state including the remnants of
years of residential and industrial impacts. Multiple vehicles, scrap steel, building materials,
drilling equipment and more is stored on about 40% of the property which poses a significant
safety hazard. City Council directed staff to accomplish restoration of this property as part of
the acquisition and the first phase includes removal of this debris. Costs for removing materials
from the property will be $70,000.00. The City and County are splitting all related costs for
the clean up. Staff is requesting a supplemental request in the amount of $35,000 to properly
perform the required steps for successfully completing the resource recovery and removal of
trash from Smuggler Open Space.
PREVIOUS COUNCIL ACTION: During the December 19, 2005 regularly scheduled City
Council meeting, City Council approved the purchase ofWilk Wilkinson's 170+ acre
property. At the time of approval staff informed City Council of the impending clean up.
Staff and City Council discussed the severe impacts located on the property and the estimated
costs for removing materials and restoring the entire area. At the time of the discussion staff
estimated total costs at $400,000 dollars. City Council recognized the upcoming costs for
management of the property and staff received support from City Council to move forward
with the purchase and clean up.
1
BACKGROUND: Since the early 1970's Mr. Wilkinson started purchasing parcels located
on Smuggler Mountain. In doing so he also began inviting people to move temporary
structures (buses, airstreams and trailers) onto his parcels to reside there. Over the years as
many as 20 people have called Smuggler Mountain home. As recently as 2005, the property
had two active residences living year round. Materials left on site created an impact on over
40% of the entire parcel making these areas unsafe and essentially hazardous.
In an effort to better understand the resource and protect the public, staff closed off the area of
impact and studied the needs for clean up. Staff met with members of the Historical Society
and identified several pieces of mining equipment, all of which were determined to have no
historical value. Several items of historical value have been removed by staff and delivered to
the Historical Society for cataloging. Other non-historical materials that cannot be used by
either City/County staff will be removed from the 'site. After the hazardous materials are
removed staff will begin identifying possible public access points and areas for restoration as .
part of a master planning effort commencing in winter 2006.
Staff has completed an extensive public outreach using press releases, display ads and two on-
site kiosks for recreational users. The contractor began mobilizing equipment, trucks and large
movers on July 26th. The contractor plans on using heavy machinery to remove items from the
top of the site down to Smuggler Road and drive a majority of the debris down the road using
large dump trucks. The contractor estimates four to five truck trips per day. The project is
projected to Iast the entire month of August.
FINANCIAL IMPLICATIONS: Funding requested to accomplish this phase of the clean up
on Smuggler Mountain will derive from the voter approved V, cent open space facilities sales
tax. This fund is very healthy and will easily accommodate the funding required to complete
the clean up in Phase I. The break out for the utilization of these funds is $31,050.00 for
contracted clean up and $3,950.00 for staff clean up, pilbIic relations and monitoring.
ENVIRONMENTAL IMPLICATIONS: The approval of this request will greatly improve
the overall condition of the Smuggler Parcel. The materials currently located through out the
project are encumbering the property and preventing it from being properly managed and used
by the public. The removal of the trash will allow staff to appropriately set up and plan for
management. These management plans will allow the property to be opened to the public for
specific approved uses,
RECOMMENDATION: Staff recommends the approval of the supplemental request. The
additional funds will allow for the complete reclamation of the property, thus allowing staff to
better develop management plans for the benefit and use by the public.
CITY MANAGER COMMENTS:
2
~~,...---.I- -~..
VII 0
MEMORANDUM
Mayor Klanderud and City Council
Ben Gagnon, Special Projects Planner EG- 1\ I.
Chris Bendon, Director, Community Developmen(jIAM
TO:
FROM:
THROUGH:
RE:
Jewish Community Center 435 W. Main St.
Growth Management Review, Subdivision Review and Historic
Designation Public Hearing, l't Reading of Ordinance No~, Series of
2006. 2nd Reading scheduled for September 25, 2006
DATE:
August 28, 2006
ApPLICANT:
Jewish Resource Center Chabad of Aspen,
represented by Alan Richman Planning
Services.
REPRESENTATIVE:
Alan Richman Planning Services
LOCA TlON:
435 W, Main Street, Lots A-I, Block 38.
CURRENT ZONING:
Mixed Use
SUMMARY:
The applicant requests approval of a
Growth Management Review as an
Essential Public Facility, and Subdivision
review.
STAFF RECOMMENDATION:
Staff recommends that the City Council
approve a Growth Management Review as
an Essential Public Facility and
Subdivision review, with conditions. Staff
strongly supports this development as an
Essential Public Facility due to the
provision of a Pre-School, teen and adult
educational programming and a place of
worship for one of the world's oldest
religious traditions, The proposal also
meets the intent of each chapter in the
AACP, due to the preservation and
designation of historic structures, the
incorporation of affordable housing on-
site, its location in the Infill Area and along
a transit route, the building's context-
sensitive design, and the provision of
cultural education and promotion of
diversity.
PROPOSED COUNCIL REVIEW PROCESS:
. Brief description of the two approval requests as listed above;
. Historic Preservation Officer Amy Guthrie's description of the HPC process to
this point and taking questions;
. Applicant's overview of HPC process and current requests;
. Staff review ofP&Z approval and key issues;
. Council identification and discussion of key issues and any additional
information needed from staff or the applicant;
. Public comment.
PROJECT SUMMARY:
The subject property is currently owned by the Jewish Resource Center Chabad of
Aspen, which currently holds religious services in a single-family home on the
property, The existing 18 cabins are currently rented out for lodging. There
is a variety of programming planned for the Center:
=> The Pre-School is the only activity the Center is planning on each weekday, from
8 am to 4 pm, and the Center expects up to 40 children to attend.
=> The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm,
and is expected to attract up to 10 children.
=> The Adult Education programs are offered two nights per week from 8 pm to 10
pm, and are expected to attract 15-25 people.
=> Teen Program is planned for one night per month from 6 pm to 8 pm, and is
expected to attract 20-25 people.
=> Religious services are scheduled each Friday evening and Saturday morning, with
attendance expected in the range of 40-50 people.
=> The special events planned at the Center are expected to generate attendance
ranging from 50 to 200 people, These special events will range from films and
lectures to barmitzvahs and weddings. The applicant has agreed to limit these
special events to no more than ten (10) per year.
DIMENSIONAL REQUIREMENTS & PROPOSED CONDITIONS TABLE:
NOTE 1: HPC has granted a variance for the front yard setback for the historic cabin at Conceptual Review
and will consider granting a variance for the front yard setback for the new buildings at Final Review.
NOTE 2: HPC has granted a variance for the side yard setbacks for the existing historic cabin along Third
Street at Conceptual review. An encroachment license was previously granted by the City for the cabin that
extends onto the public right of way (see Clerk and Recorder Reception No, 396080).
_.~<..,~"...I...---,-
HISTORIC PRESERV A nON COMMISSION REVIEW:
DESIGNATION OF HISTORIC PROPERTIES: Applicants for historic designation must show that a
structure meets the criteria, pursuant to Section 26.415.030(B). The HPC makes a
recommendation to City Council to approve, approve with conditions or deny an
application, Final Review Authority: City Council.
CERTIFICATE OF APPROPRIATENESS FOR MAJOR DEVELOPMENT: This review is required for the
construction of a new structure within a Historic District, and requires approval by the
HPC of a Conceptual Development Plan, and then a final Development Plan, pursuant to
Section 26.4l5.070(D)1(a-f). Final Review Authority: Historic Preservation Commission.
HISTORIC DESIGNATION
26.415.030B. Criteria.
To be eligible for designation on the Aspen Inventory of Historic Landmark Sites and
Structures, an individual building, site, structure or object or a collection of buildings,
sites, structures or objects must have a demonstrated quality of significance.
The significance of the property located at 435 W. Main Street was evaluated
according to the following criteria:
1. The property was constructed at Ieast forty (40) years prior to the year in
which the application for designation is being made and the property possesses
sufficient integrity of location, setting, design, materials, workmanship, and
association and is related to one or more of the following:
a. An event, pattern, or trend that has made a significant
contribution to local, state, regional or nationaI history,
b. People whose specific contributions to local, state, regional
or nationaI history is deemed important and can be
identified and documented,
c. A physical design that embodies the distinctive
characteristics of a type, period or method of construction,
or represents the technical or aesthetic achievements of a
recognized designer, craftsman or design pbilosophy that is
deemed important.
"In Aspen, Colorado, Rustic Style cabins used
as lodges and residences, began to be built in
the 1930's, though the tourism industry was
Staff Response: According to the Assessor's
office, the cabins on this site were built in 1940.
Quoting from the white paper that has been
prepared by the Community Development
Department titled, "Aspen's 20th Century
Architecture: Rustic Style Buildings,"
Circa Mid_20th Century photo
of 435 W. Main Street
--,,--.-.,j.,
still in its infancy. The Waterman Cabins, built in 1937, and once located at the
comer of7'h and Hallam Streets, have since been demolished, but were one of
Aspen's first group of small tourist cottages. The Swiss Chalets (now L' Auberge,
and suffering from the "chalet" misnomer- as they are indeed, in the rustic style) are
located at 435 W. Main Street, and were built during roughly the same period.
Prescient, and perhaps with a nod to the automobile's growing influence in American
society, a motor court configuration at the Chalets allowed guests to drive right up to
the individual units."
Staff found that 435 W. Main Street helps to illustrate the trends related to early
development of tourism in Aspen and therefore meets "Criterion A."
"Criterion B" can be difficult to apply for recent past properties because for the most part
they are associated with persons who are living and whose contributions to history cannot
be evaluated without bias. At present, staff does not have information that would support
a finding that "Criterion B" is met.
The Rustic Style paper defines the distinctive characteristics that must be present in order
to meet "Criterion C," They are:
. Hand built structures that are constructed out oflocally available materials,
usually log; stone may be incorporated at the base, or in the form of a fireplace
and chimney. Later examples include machine cut logs.
. The buildings are usually single story, with a low-pitched gable roof.
. True log construction with overlapping log ends, coped and stacked. Logs may
be dressed and flattened for stacking or may be in rough form, Chinking infills
the irregularities between the logs either way. Machine made buildings mimic
these details, though without the chinking,
. Window openings are spare and usually horizontally proportioned, wood trim is
used to finish out the window openings.
. Building plans are simple rectangular forms, with smaller additive elements.
. The roof springs from the log wall, and gable ends are often infilled with
standard framing. This may be a small triangle or a second level of living
space.
. The emphasis is on hand-made materials and the details stem from the use of the
materials, otherwise the detail and decoration is minimal.
Staff finds that 435 W. Main Street exhibits all of these fundamental characteristics and
meets "Criterion C." These small cabins are hand-built, rectangular frame structures with
board and batten siding, which was a common material for the style along with log. Each
building has a chimney and a limited number of small windows.
The property meets two of the three designation criteria, which leaves the question of
integrity to be evaluated. Integrity can be measured through the scoring system that HPC
has developed. Staff has completed site visits and an initial assessment for all of the
remaining Rustic style buildings constructed during the local period of significance,
which has been identified as pre-World War II until the early 1970's. At least 20
buildings exist in town that might be considered important within the Rustic style,
including residences and lodges. Only four ofthese properties, 308 Park Avenue, 300 W.
Main Street, 501 W. Main Street, and 304 W. Hallam Street, are currently landmarked.
In general the L' Auberge cabins are well preserved. Two are connected together. It is
not clear if this is an original conditionor not. It dates from at least 1969 based on aerial
photographs. Staffs integrity assessment for 435 W. Main is that the property warrants
85 out of 100 points, which is above the 75 point minimum requirement. The least
successful aspect of the property's integrity is preservation of the setting, which has been
greatly impacted.
Staff supports landmark designation for this property. For clarification, designations are
always defined by the entire boundary of the property, and not limited to individual
structures on a lot. In August 2005, the HPC voted 5-0 to recommend approval of the
landmark request.
MAJOR DEVELOPMENT
The applicant and the Historic Preservation Commission met during a series of public
hearings over 18 months, resulting in the HPC granting Conceptual Approval for a Major
Development in August 2005, Historic Preservation Officer Amy Guthrie will brief the
Council on the HPC process. The following is a brief recounting of the HPC's review of
the application, which focused on several issues and factors, including:
. Preservation and historic designation of the 1940's-era cabins;
. Retention of some of the cabins on-site;
. The new development's relationship to the height + scale of the cabins and
other designated buildings in the district;
. The FAR that is allowable for the property.
Ultimately, the HPC granted Conceptual Approval for a Major Development that
features two buildings with a recessed connector element, intended to respect the
context of Main Street by breaking up the mass of the project. In addition, the
applicant agreed to retain six cabins at their existing locations on-site and apply
for historic designation of the cabins. Also, the new building to be located
adjacent to the cabins at the east side of the site is reduced in height and scale to
respect the height of the cabins. Breaking up the massing of buildings and
reducing the height of buildings through the HPC process resulted in a
proposal that is substantially below the allowable FAR for the site. Of the
26,981 square feet allowed under the code for the MU Zone District for this
property, the proposal calls for 19,645 square feet, or about 73% of the allowable
FAR. This total amount of FAR includes 1,268 square feet of affordable housing.
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As the project evolved, encroachments into the setbacks developed,
including front yard setback variances for a portion of the new building, and
variances on the minimum distance between the new buildings and the front of
the historic cabins. Staff recommends resolution of remaining dimensional
variances be left for HPC Final Review.
As part of Resolution No. 31, Series of2005, the HPC:
. Granted Conceptual approval for a Major Development;
. Recommended Council approval of Historic Designation, which includes the
retention of six cabins on-site;
. Granted approval to relocate three additional cabins off-site, pending the
location of a satisfactory receiver site and method of relocation;
. Grantedsetback variances for the existing cabins;
. Stated its intention to approve a parking waiver pending P&Z and Council's
recommendations related to parking.
PLANNING AND ZONING COMMISSION REVIEW:
GROWTH MANAGEMENT REVIEW TO DETERMINE EMPLOYEE GENERATION: This review
determines the number of employees to be generated by the development, pursuant to
criteria outlined in Section 26.470.050(A)1(a-f). Final Review Authority: Planning and
Zoning Commission.
SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING REOUIREMENTS: This review establishes
off-street parking requirements, pursuant to criteria outlined in Section 26.5l5.040(A)I-
3. Final Review Authority: Planning and Zoning Commission.
The applicant's second step in the review process was two public hearings before
the Planning and Zoning Commission (please see Exhibit C: P&Z Minutes). The
P&Z approved a Growth Management Review to determine employee generation,
and a Special Review to establish off-street parking requirements. While the P&Z
has final authority under both of these review processes, the substantive issues of
affordable housing mitigation and off-street parking will be part of Council's
Growth Management Review as an Essential Public Facilitv. The following
recounting of these issues as presented to the P&Z includes a review of the
Council's role regarding these issues under the Growth Management Review
as an Essential Public Facility. The P&Z recommended that City Council approve
a Growth Management Review as an Essential Public Facility, and Subdivision
reVIew.
Determination of EmpIoyee Generation
The Planning and Zoning Commission determined employee generation at 9.63
employees, relying on an analysis of the application by the Aspen Pitkin County
Housing Authority (please see Exhibit G). In addition, the applicant has agreed to
a condition of approval that requires an employee generation audit two years
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from the issuance of the certificate of occupancy to confirm that the employee
generation forecast was accurate.
Under the Growth Management Review as an Essential Public Facility, it will be
Citv Council's decision to establish the appropriate mitigation for the 9.63
emplovees. The proposal includes three cabins as Category 2 rental affordable
housing: two studios and one, one-bedroom, which mitigates for 4.25 FTEs. The
APCHA Board has recommended that the three affordable housing units on-site
are sufficient mitigation for this project. Staff agrees that this 44% rate of
mitigation is appropriate for this project, and a condition of approval requires that
any additional FTEs generated in the future be mitigated at the same rate.
Establishing Off-Street Parking Requirements
The limited number of off-street parking (9 spaces) approved as part of the P&Z
Special Review to Establish Off-Street Parking Requirements is a result of several
factors related to the physical constraints of the site, the design of the site plan,
the location of the site, and the future programming and operation of the Center,
including:
. A private covenant by the former owners and a neighboring property owner
establishing a 20- foot open space reservation in the southwest corner of the
property;
. HPC recommendation to retain six cabins on the site;
. HPC recommendations to lower height at the east of the property and the
breaking up of masses, resulting in the relocation of several functions into
sub-grade areas, eliminating the potential for sub-grade parking.
. The staggering of programming and events at the Center throughout the day
and week, reducing parking pressure on neighboring streets;
. Use of the parking spaces off the alley as a one-way, continuous movement
drop-off and pick-up area facilitated by staff for pre-school operations at the
Center;
. The availability of on-street parking in the neighborhood as demonstrated by
the applicant's parking study;
. The location of the Center on a transit route;
. The provision of bike racks and free bus passes for employees;
. The commitment to car-pooling and ongoing communication with users of the
Center regarding the lack of on-site parking,
One of the criteria of the Growth Management Review as an Essential Public
Facility, which Council will review, requires that a 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 communications utilities, drainage control, fire and police protection,
solid waste disposal, varkinz and road and transit services,
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While the P&Z approved a Special Review to Establish Off-Street Parking
Requirements, the Council will be able to review the subiect of parking under its
Growth Management Review as an Essential Public Facility.
Center Programming & Parking
While there is a variety of programming planned for the Center, these distinct
uses are staggered throughout the day, from 8 am to 10 pm. In addition, some uses
will create drop-off and pick-up scenarios, while others will attract a mixture of
short,term and long,term parking.
The proposed Pre-School is the only activity the Center is planning on each
weekday, from 8 am to 4 pm, and while the Center expects up to 40 children to
attend, the mode of transportation is a drop,off and pick-up scenario. The
applicant has agreed to a condition of approval requiring the use of seven (7)
parking spaces and safety cones to create a one-way, continuous-movement drop-
off program facilitated by staff at the Center, rather than using these seven
parking spaces as traditional parking spaces for pre-school drop-off and pick-up.
The Hebrew School is planned from 2-3 days per week between 3 pm and 5 pm,
and is expected to attract up to 10 children under a similar drop-off scenario. The
schedule avoids overlapping with the end of Pre-School, thereby staggering drop-
off activities.
The Adult Education programs are offered two nights per week from 8 pm to 10
pm, and are expected to attract 15-25 people, and the Teen Program is planned for
one night per month from 6 pm to 8 pm, and is expected to attract 20-25 people.
Both of these programs are expected to generate short-term parking, but at
different times of the evening.
Religious services are scheduled each Friday evening and Saturday morning, with
attendance expected in the range of 40-50 people. Because it is typical that
couples and families attend these religious services, there is a natural carpooling
effect. In addition, some attendees will adhere to the traditional Jewish prohibition
on driving during these times, and will use alternate modes of transport to attend.
The special events planned at the Center are expected to generate the largest
demand for parking, with attendance ranging from 50 to 200 people. The
applicant has agreed to a condition that limits the number of these events to 10 per
year. If more special events are to be held, the condition of approval requires the
Center to undergo a review of its employee generation - with the potential for
additional mitigation -- and an additional Special Review of its off-street parking
requirements before the Planning and Zoning Commission. In addition, the
applicant has agreed to a condition requiring starting times for special events
no earlier than 6 pm during the winter season and no earlier than 7 pm during the
summer season. The intent is to hold these events when on-street parking is more
readily available, after those who work in nearby offices and retail stores have left
the area. .
These special events will range from films and lectures to barmitzvahs and
weddings. Although it is impossible to calculate a percentage, family celebrations
are expected to generate attendance from extended family, who are likely to stay
with relatives or in lodges that provide van services, The special events will place
the largest demand on street parking in the neighborhood.
Applicant's Parking Study
The applicant submitted a parking study in 2004 by Fellsburg Holt and Ullevig
(FHU), and submitted an updated study by FHU in May 2006, which
considers the implementation of the bus lane on Main Street and the
accompanying reduction in on-street parking spaces. In addition, the applicant
submitted a revised study in July 2006, as requested by staff.
The studies examine the on-street parking occupancy on ten (10) blocks
surrounding the Center, using data collected in March 2004, and late June 2006
(as requested by staff). The report concludes that for normal daily and weekly
operations, "nearly all Center patrons would be accommodated along the block
faces adjacent to the site," while larger special events that are limited to ten (10)
per year, would fill "both sides of the street on the three blocks nearest the
Center. "
Staff believes that the location of the Jewish Community Center along a mass
transit route, the staggered schedule of parking demands, the conditions of
approval regarding multi-modal transportation, the apparent availability of on-
street parking according to the studies conducted by Fellsburg Holt and Ullevig,
and the nature of the various uses at the Center combine to create a scenario that
appears to serve the parking needs of this project.
Conditions of Approval Related to Parking Issues
The Planning and Zoning Commission approved the following conditions to
support its approval of off-street parking requirements. These conditions are part
of the Ordinance before Council, as follows:
. Nine (9) off-street parking spaces.
. Of the nine (9) off-street parking spaces, two (2) shall be reserved for
affordable housing users.
. The Center shall utilize at least one staff member to establish and facilitate
a temporary off-street drop-off and pick-up area for the Pre-School
operation, using up to seven (7) parking spaces in the off-street parking
area, The Center shall use these parking spaces and safety cones to create
a one-way, continuous-movement drop-off program, and not as
traditional parking spaces. The applicant shall be responsible for
maintaining this area in a manner that provides for public safety in the
winter months, including snow and ice removal.
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.
Applicant shall submit a request to the City of Aspen to post the alley
adjacent to the on-site parking area as one-way. The proposed direction of
the one-way designation shall be decided in cooperation with the City and
the neighbors on the alley.
If the Center holds more than ten (10) Special Events in a calendar year, as
defined on p. 6B ofthe February 2006 application, the applicant shall be
required to obtain an additional approval for a Special Review to Establish
Off-Street Parking Requirements, pursuant to Section 26.5l5.040(A)I-3.
Applicant shall print on all event flyers that on-site parking is not available,
and attendees are strongly encouraged to car pool, use bicycles, walk or take
the bus.
Applicant shall require any person who rents the social hall to print on their
invitation that on-site parking is not available and attendees are strongly
encouraged to car pool, use bicycles, walk or take the bus.
Applicant shall maintain information on its website regarding the lack of on-
site parking, and information regarding car-pooling or use of public transit.
Applicant shall not schedule Special Events with a projected attendance in
excess of 50 people before 6 pm during the winter season or before 7 pm
during the summer season,
Applicant's daycare operation shall make a good faith effort to work with
parents of enrolled children to establish and maintain a carpool program.
Applicant shall stagger arrival times for pre-school classes once
enrollment reaches 25 children. Arrival times will be staggered by at least
15 minutes per class.
Applicant shall actively participate in the City's Transportation Options
Program (TOP).
Applicant shall provide covered and secure bike storage.
Applicant shall provide free bus passes to employees who do not live on-
site,
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NECESSARY LAND USE APPROVALS: The following City Council land use approvals are
requested and necessary for approval of this project.
GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL PUBLIC FACILITY: This review focuses on
the development's role as an Essential Public Facility. The Community Development
Director has determined that the proposal is an Essential Public Facility, pursuant to
criteria outlined in 26.480.050(A-F). The Planning and Zoning Commission
recommended that Council approve this application with conditions. Final Review
Authority: City Council.
SUBDIVISION REVIEW: Although no subdivision of land and no separate interests are to be
created through this proposal, the term "subdivision" in the Land Use Code encompasses
three or more detached dwellings on the Aspen Inventory of Historic Landmark Sites and
Structures. Because this proposal would establish three deed-restricted housing units,
subdivision approval is required, pursuant to criteria outlined in Section 26.480.050(A-F),
--......-.....,,1,..>
The Planning and Zoning Commission recommended that Council approve this
application with conditions. Final Review Authority: City Council,
DESIGNATION OF HISTORIC PROPERTIES: Applicants for historic designation must show that a
structure meets the criteria, pursuant to Section 26.4l5.030(B). The HPC makes a
recommendation to City Council to approve, approve with conditions or deny an
application. Final Review Authority: City Council.
KEY ISSUES: The following addresses the key issues regarding each of the two (2) reviews
before the City Council:
Growth Manal!ement Review as an Essential Public Facilitv
The Land Use Code establishes this as a separate review process largely because
Essential Public Facilities are often unique. A more typical Growth Management
review often focuses on the generation of new employees due to intense
commercial uses, or free market residential uses that result in a high level of
services, In this case, there is no commercial component, and the residential
component consists of three units of affordable housing.
The first criteria for a Growth Management Review of an Essential Public Facility
requires that the Community Development Director determine that "the primary
use and/or structure be an Essential Public Facility," defined as: "A facility
which serves an essential public purpose, is available for use by, or benefit of, the
general public and serves the needs of the community." The Community
Development Director has determined this project is an Essential Public Facility
for the following reasons, taken together:
. The proposal would establish a primary location for religious services and
religious education in one of the world's oldest religious traditions for the
first time in Aspen, The Center represents a new addition to existing
locations for religious services and religious education, such as St. Mary
Catholic Church the Aspen Community Church, the Aspen Chapel, the
Episcopal Church in Aspen, the Messiah Lutheran Church and others,
Providing appropriate spaces for religious reflection and education serve
an essential public purpose.
. The proposal includes a pre-school, teen programs and adult education
programming that is open top both Jewish persons and members of the
broader community. A pre-school is a rare use in the City of Aspen, and
an extremely valuable asset to the community.
Also among the criteria for Growth Management Review as an Essential Public
Facility is "consistent with the 2000 Aspen Area Community Plan" (AACP).
Staff strongly believes the proposal meets the intent of each chapter in the AACP,
due to the preservation and designation of historic structures, the incorporation of
affordable housing on-site, its location in the Infill Area and along a transit route,
the building's context-sensitive design, and the provision of cultural education
and promotion of diversity. Staff has excerpted from each chapter of the AACP
and described the applicant's compliance as part of its response to this criteria
(please see Exhibit A).
Under this Growth Management Review, the Council must find that "a sufficient
percentage of the employees expected to be generated by the project are mitigated
through the provisions of affordable housing or cash-in-lieu thereof.." The
APCHA Board has recommended that the mitigation of 4.25 of the 9.63
employees to be generated by this proposal is sufficient mitigation, Staff agrees
that this 44% rate is adequate. The retention and use of three cabins on-site (two
studios and a one-bedroom) as affordable housing, the substantial impact on the
site design from the retention of these structures and the applicant's request that
the cabins be designated as historic structures contribute to this staff finding,
Another criteria requires that a new 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 communications
utilities, drainage control, fire and police protection, solid waste disposal,
oarkinl!. and road and transit services. "
The most significant potential impact of this proposal on public infrastructure is
its use of on-street parking. This issue has been reviewed extensively earlier in
this memo, and additional review can be found in Exhibit A.
Subdivision Review
Although no subdivision of land and no separate interests are to be created
through this proposal, the term "subdivision" in the Land Use Code encompasses
three or more detached dwellings on the Aspen Inventory of Historic Landmark
Sites and Structures. Because this proposal would establish three deed-restricted
housing units, subdivision approval is required, (Please see Exhibit B,)
Historic Desil!nation
As noted in this memo, staff supports Historic Designation, and the HPC has
recommended that City Council approve Historic Designation for 435 W. Main
Street.
CITY MANAGER'S COMMENT:
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RECOMMENDED MOTION:
"I move to approve Ordinance No.~, Series of 2006, approving a Growth
Management Review as an Essential Public Facility, Subdivision review and
Historic Designation, with conditions, finding that the review criteria for the
application have been met."
ATTACHMENTS:
Exhibit A: Staff Findings - Growth Management Review as an Essential Public
Facility
Exhibit B: Staff Findings - Subdivision Review
Exhibit C: Planning and Zoning Commission minutes + Resolution
Exhibit 0: Application
Exhibit E: Revised Parking Study / Fellsburg Holt & Ullevig
Exhibit F: Summer Parking Analysis / July 5, 2006
Exhibit G: Applicant letter regarding TDM Commitments
Exhibit H: Employee generation and mitigation review / Aspen Pitkin County
Housing Authority
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ORDINANCE NO. 36
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION, GROWTH MANAGEMENT REVIEW AS AN ESSENTIAL
PUBLIC FACILITY AND HISTORIC DESIGNATION, FOR THE JEWISH
COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN
STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2735-124-81-001
WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen,
represented by Alan Richman Planning Services, submitted an application (hereinafter
"the application") requesting approval of Growth Management Review as an Essential
Public Facility and Subdivision Review to construct the Jewish Community Center,
located at 435 W. Main St., Lots A-I, Block 38, City and Townsite of Aspen; and,
WHEREAS, Section 26.415.050 of the Aspen Municipal Code establishes the
process for Designation and states that an application for listing on the Aspen Inventory
of Historic Landmark Sites and Structures shall be approved if HPC and City Council
determine sufficient evidence exists that the property meets the criteria; and
WHEREAS, the Community Development Department Director determined that
the Jewish Community Center is an Essential Public Facility, and that the application met
the applicable review standards, and recommended approval with conditions; and,
WHEREAS, during a duly noticed public hearing on June 20, 2006, the Planning
and Zoning Commission opened and continued the public hearing to July II, 2006; and,
WHEREAS, during a continued public hearing on July 11, 2006, the Planning
and Zoning Commission opened and continued the public hearing until July 18,2006;
and
WHEREAS, during a continued public hearing on July 18, 2006, the Planning
and Zoning Commission approved Resolution No. 24, Series of2006, by a five to one (5-
1) vote, approving with conditions, a Growth Management Review to determine
employee generation, and Special Review to establish off-street parking requirements;
and recommended approval to City Council of a Growth Management Review as an
Essential Public Facility, and Subdivision review; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
1
WHEREAS, during a duly noticed public hearing on September 25, 2006, the
Aspen City Council reviewed the proposal and approved Ordinance No, _, Series of
2006, by a vote, approving with conditions, the Jewish Community Center
Subdivision, and Growth Management Review for an Essential Public Facility; located at
435 West Main Street, Lots A-I, Block 38, City and Townsite of Aspen; 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 Section 26 of the City of Aspen
Municipal Code, the City Council hereby approves with conditions, a Growth
Management Review as an Essential Public Facility and Subdivision in order to construct
the Jewish Community Center, located at 435 W, Main Street, Lots A-I, Block 38, City
and Townsite of Aspen.
Section 2: Plat and Al!reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of City Council approval.
Section 3: Buildinl! Permit Application
The building permit application shall include the following:
a. A copy of the final City Council Ordinance, Planning & Zoning
Commission Resolution and Historic Preservation Commission
Resolutions.
b. The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge system is required, a
soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage
improvements.
2
e. An excavation-stabilization plan, construction management plan, and
drainage and soils reports pursuant to the Building Department's
requirements. The construction management plan shall include an
identification of construction hauling routes, construction phasing, and a
construction traffic and parking plan for review and approval by the City
Engineer and Streets Department Superintendent. The construction
management plan shall also identify that the adjacent sidewalks will be
kept open and maintained throughout construction.
f. A fugitive dust control plan to be reviewed and approved by the City
Engineering Department.
g. Accessibility and ADA requirements shall meet the building code
requirements.
Section 4: Dimensional Requirements
The redevelopment of the site is limited to the dimensional requirements established in
the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February
2006 Subdivision application, and further subject to Historic Preservation Commission
Final Review.
Section 5: TrashlUtilitv Service Area
The trash containers shall be wildlife proof.
Section 6: Sidewalks. Curb. and Gutter
The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the
Historic Preservation Commission, and shall be upgraded to meet City Engineer's
requirements and ADA requirements prior to issuance of a certificate of occupancy on
any of the units within the development. The Applicant shall also repair any curb and
gutter adjacent to the property that is deemed to be in disrepair by the City Engineer
before a certificate of occupancy is issued for any of the units within the development.
Section 7: Affordable Housinl!
The three (3) on-site affordable housing units shall be in compliance with the
Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant
shall record a deed restriction on each of the affordable housing units at the time of
recordation of the subdivision plat and prior to the issuance of a Certificate of Occupancy
for the units, classifying the units as Category 2 units.
a) At least two parking spaces shall be allocated and reserved for the employeechousing
units on site.
b)The units will be deed-restricted as rental units but will allow for the units to become
ownership units at such time the owners would request this change and/or at such
time the APCHA deems the units out of compliance for a period of one year or more.
At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price.
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c)APCHA or the applicant shall structure a deed restriction for the units such that
1/lOth of 1 percent of the property is deed restricted in perpetuity to the
Aspen/Pitkin County Housing Authority; or until such time the units become
ownership units; or the applicant may propose any other means that the Housing
Authority determines acceptable.
d)Due to the ability to have the employees live on-site, if such employee is employed
by the Community Center, the income and assets can be waived,
e)The applicant shall conduct an employee audit two years after issuance of the
Certificate of Occupancy for the development under the following terms:
I, The applicant shall retain an auditor and shall gain prior approval from the
Housing Office for the selection ofthe auditor.
2. The applicant shall be fully responsible for all fees associated with
retaining an auditor,
3. Should the audit show additional employees over the 9.63 FTE, the
applicant shall mitigate at an identical rate established by this Ordinance
(44 percent) for those additional employees required under the Guidelines
in effect at the time of the audit - either by providing units or by providing
a payment-in-lieu fee.
t) If more than ten (10) Special Events are held in a calendar year, as defined in the
application (p. 6B), the applicant shall be required to conduct an employee audit
under the terms of Section 7(t)1-3.
Section 8: Relocation of Cabins
Applicant may relocate three (3) cabins off-site only upon approval of the Historic
Preservation Commission of a satisfactory receiver site and method of relocation.
Section 9: Determination of Emplovee Generation
The Planning and Zoning Commission has determined that 9,63 FTEs shall be generated by
the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority,
The three Category 2 rental affordable housing units on site provide mitigation for 4.25
FTEs.
Section 10: Establishin!! Off-Street Parkin!! ReQuirements
The Planning and Zoning Commission has established off-street parking requirements as
follows:
a) Nine (9) off-street parking spaces.
b)Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable
housing users.
c) The Center shall utilize at least one staff member to establish and facilitate a
temporary off-street drop-off and pick-up area for the Pre-School operation, using
up to seven (7) parking spaces in the off-street parking area. The Center shall use
these parking spaces and safety cones to create a one-way, continuous-movement
drop-off program, and not as traditional parking spaces. The applicant shall be
4
responsible for maintaining this area in a manner that provides for public safety in
the winter months, including snow and ice removal.
d) Applicant shall submit a request to the City of Aspen to post the alley adjacent to
the on-site parking area as one-way. The proposed direction of the one-way
designation shall be decided in cooperation with the City and the neighbors on the
alley.
e) Ifthe Center holds more than ten (10) Special Events in a calendar year, as defined
on p, 6B of the February 2006 application, the applicant shall be required to obtain
an additional approval for a Special Review to Establish Off-Street Parking
Requirements, pursuant to Section 26.5l5,040(A)1-3.
Section 11: Transportation and Parkin!!
a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in
place by building permit submittal. Fee shall be paid prior to issuance of building
permit.
b) Applicant shall print on all event flyers that on-site parking is not available, and
attendees are strongly encouraged to car pool, use bicycles, walk or take the bus.
c) Applicant shall require any person who rents the social hall to print on their invitation
that on-site parking is not available and attendees are strongly encouraged to car pool,
use bicycles, walk or take the bus.
d) Applicant shall maintain information on its website regarding the lack of on-site
parking, and information regarding car-pooling or use of public transit.
e) Applicant shall not schedule Special Events with a projected attendance in excess of
50 people before 6 pm during the winter season or before 7 pm during the summer
season.
f) Applicant's daycare operation shall make a good faith effort to work with parents
of enrolled children to establish and maintain a carpool program.
g) Applicant shall stagger arrival times for pre-school classes once enrollment reaches
25 children. Arrival times will be staggered by at least 15 minutes per class.
h) Applicant shall active participate in the City's Transportation Options Program
(TOP).
i) Applicant shall provide covered and secure bike storage.
j) Applicant shall provide free bus passes to employees who do not Jive on-site.
Section 12: Fire Miti!!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 13: Water Department Reauirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
5
Section 14: Sanitation District Reauirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations. On-site utility plans require approval by ACSD. Below grade development may
require installation of a pumping system. One tap is allowed for each building. Shared service
line agreements will be required where more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard landscaping may
impact public ROW or easements to be dedicated to the district.
Section 15: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26.575.150, Outdoor lighting,
Section 16: Scbool Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance, The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 17: Landscapinl!
a) Tree Protection~ A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site, A formal plan
indicating the location ofthe tree protection will be required for the bldg permit set.
No excavation, storage of materials, storage of construction backfill, storage of
equipment, foot or vehicle traffic allowed within the drip line of any tree remaining
on site. This fence must be inspected by the city forester or his/her designee before
any construction activities are to commence,
b )Excavation: an excavation under the drip line permit will need to be approved
along with the tree permit. Specific excavation techniques will be required for the
excavation along Hopkins Ave and part of the South West corner located next to
the Large Cottonwood Tree. Vertical excavation will be required and over digging
is prohibited in this zone. This note must be represented on the building permit set.
c) The applicant will need to contract with a tree service, and have them on call in
order to address all roots greater than 2 inches in diameter. Root trenching will be
required around all trees with excavation next to and/or under the drip line. This
can be accomplished by an experienced tree service company or trained member of
the contractor's team.
d)An approved tree permit will be required before any demolition or significant
property changes take place. Parks is requiring that the tree permit be approved
prior to submission ofthe building permit. Mitigation for removals will be paid
cash in lieu or on site.
e) Planting in the Public Right of way will be subject to Landscaping in the ROW
requirements. Improvements to the ROW should include new grass and irrigation,
6
The ROW trees along 4th and 3rd streets should be of another species other than
cottonwood.
f) Realignment of the ditch will require specific coordination between the Parks
Department and the contractor. The realignment will have to take place during a
time period when the ditch is closed for the off-season. Realignment will also
require the use of a Bentomat type material in order to reestablish the integrity of
the ditch.
g) Utility connections: these connections will need to be designed on the plan in a
marmer that does not encroach into the tree protection zones
h)Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root
greater than 2" encountered during the installation will require approval before
removal. Play yard fence must be constructed according to State of Colorado
standards for daycare centers.
i) The installation of the new sidewalk at the corner of 4th and Main Streets needs to
be designed at grade bridging over the root systems of the existing cottonwood
trees.
Section 18: Historic Preservation Commission ADDrovals Required
Final Development Plan approval by the Historic Preservation Commission must be
obtained prior to issuance of a Building Permit for the Project.
Section 19: Historic Landmark Desil!nation
Pursuant to Section 26.415.030,B of the Municipal Code, Criteria for listing on the Aspen
Inventory of Historic Landmark Sites and Structures, the property is hereby designated
on the Aspen Inventory of Historic Sites and Structures, as the site possesses sufficient
integrity of location, setting, design, materials, workmanship and association and the site
is related to designation criteria 26,4l5.030.B.2.a and 26.415.030.B.2,c,
Section 20: Vested Ril!hts
The development approvals granted herein shall constitute a site-specific development plan
vested for a period of three (3) years from the date of issuance of a development order.
However, any failure to abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Unless otherwise
exempted or extended, failure to properly record all plats and agreements required to be
recorded, as specified herein, within 180 days of the effective date of the development
order shall also result in the forfeiture of said vested property rights and shall render the
development order void within the meaning of Section 26.104,050 (Void permits).
Zoning that is not part of the approved site-specific development plan shall not result in
the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be
published in a newspaper of general circulation within the jurisdictional boundaries of the
City of Aspen, a notice advising the general public of the approval of a site specific
7
development plan and creation of a vested property right pursuant to this Title. Such notice
shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right, valid for a period of three
(3) years, 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: 435 W. Main
Street, Lots A - I, Block 38, City and Townsite of Aspen, Pitkin County, Colorado.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as required
under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the
Colorado Constitution and the Aspen Home Rule Charter.
Section 21:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, the Aspen
Planning and Zoning Commission, or the Aspen City Council, are hereby incorporated in
such plan development approvals and the same shall be complied with as if fully set forth
herein, unless amended by other specific conditions.
Section 22:
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 ofthe ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 23:
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 ofthe remaining portions thereof.
8
Section 24:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of
this Ordinance in the office ofthe Pitkin County Clerk and Recorder.
Section 25:
A public hearing on the Ordinance shall be held on the 25th day of September, 2006, at 5 :00
in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to
which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
Section 26:
This ordinance shall become effective thirty (30) days following final adoption.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 28th day of August, 2006.
Attest:
Katbryn S. Koch, City Clerk
HeIen Kalin KIanderud, Mayor
FINALLY, adopted, passed and approved this _ day of
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin KIanderud, Mayor
Approved as to form:
John Worcester, City Attorney
9
Exhibit A
Essential Public Facility: Review Criteria & Staff Findings
Pursuant to Section 26.4 70,040(D)3, the development of an Essential Public Facility,
upon a recommendation by the Planning and Zoning Commission, shall be approved,
approved with conditions or denied by the City Council based on the criteria listed in
Section 26.470.040(D)3(a-f):
a) The Community Development Director has determined the primary use and/or
structure to be an Essential Public Facility. Accessory uses may also be part of an
Essential Public Facility project,
Staff Finding: The Community Development Director has determined the primary
use and/or structure to be an Essential Public Facility,
Definition of Essential Public Facilitv: A facility which serves an essential public
purpose, is available for use by, or benefit of, the general public and serves the needs
of the community.
Determination: The Community Development Director has determined that the
primary use and/or structure is an Essential Public Facility for the following reasons,
taken together:
. The Jewish Community Center proposal would establish a primary location for
religious services and religious education in one of the world's oldest religious
traditions for the first time in Aspen, This Center represents a new addition to
existing locations for religious services and religious education, such as St. Mary
Catholic Church, the Aspen Community Church, the Aspen Chapel, the Episcopal
Church in Aspen, the Messiah Lutheran Church, and others, Religious reflection
and education serve an essential public purpose,
. The Jewish Community Center proposal includes a pre-school, teen programs and
adult education programming that is open to both Jewish persons and members of
the broader community. A pre-school is a rare use in the City of Aspen, and a
valuable asset to the community, and will be available for the use and benefit of
the general public.
b) Sufficient Growth Management Allotments are available to accommodate the
uses, pursuant to section 26.470.030C, Development Ceiling Levels and Section
26.470.030D, Annual Development Allotments.
Staff Finding: The City of Aspen has not reached its Development Ceiling Levels for
affordable housing, and there is no Annual Development Allotment for affordable
housing. There are no other uses proposed on this site that must comply with this
section.
--~-~---(~.
c) The proposed development is consistent with the Aspen Area Community Plan.
Staff Finding: Staff finds that establishing a Jewish Community Center in the Infill
Area near the downtown -- and doing so in a way that preserves historical resources
and provides affordable housing -- meets the philosophies and goals outlined in each
chapter of the AACP. Staff has excerpted portions of each chapter of the AACP and
provided sub-findings, as follows:
Managing Growth
We should discourage sprawl and recognize its cost to the character of our
community, our open spaces and our rural resources as well as the fiscal expenses
associated with the physical infrastructure of sprawl.
Sub-Finding: The Jewish Community Center is located in the Infill Area, near the
downtown.
Transportation
New development should take place only in areas that are, or can be served by
transit, and only in compact, mixed-use patterns that are conducive to walking and
bicycling, The amount of surface land area devoted to the automobile (particularly
for
parking) should decline from the 1998 level.
Sub-Finding: This development would contribute to a compact, mixed-use pattern
that is served by transit and is conducive to walking and bicycling. This location
allows the development to minimize on-site parking.
Housing
Development of affordable housing within the traditional town site should be
encouraged
so as to protect our open and rural lands. When employees have the ability to live
near where they work, their reliance on the automobile lessens and they have greater
opportunities to become a part of the town's social fabric,
Sub-Finding: The infill affordable housing provided by this development creates a
live-work site, reduces the reliance on the automobile and creates a greater
opportunity for employees to become part ofthe town's social fabric.
Economic Sustainabilitv
Encourage resource efficiency, environmental responsibility, and cultural and
community sensitivity in local organizations and in construction.
Sub-Finding: Part of a successful tourist economy is the ability to welcome diverse
cultures. This Center reflects evidence of this effort, and would serve as a place for
extended family and visitors to celebrate landmark events such as weddings and
barmitzvahs.
Parks, Open Space and the Environment
Seek opportunities to discourage sprawl in order to preserve open spaces between
communities, Encourage infill projects that integrate more housing into the existing
urban fabric.
Sub-Finding: This proposal IS an infill project that integrates housing into the
existing urban fabric.
Historic Preservation
We must continue to build on what we have by authentically preserving historic
structures and creating thoughtful new buildings that encourage and shape that
feeling of historical continuity. Retain and support an eclectic mix of historical
structures in our community. ...Create a more vibrant town with appropriate mixed
uses and a variety of building sizes. Allow historic patterns to iriform new
development throughout town.
Sub-Finding: This proposal authentically preserves historical structures by retaining
them at their current locations on the site; an effort that created challenging ripple
effects for the rest of the site, including the need to step-down heights adjacent to the
one-story cabins. The existing cabins represent an example of an "eclectic mix of
historical structures ..." while the overall development reflects a variety of building
sizes. In a larger sense, the applicants allowed "historic patterns to inform new
development, , ,"
Design Oualitv
Our design philosophy is inclusive, recognizing the need for a "both/and" approach,
rejecting a black. and white "either/ or" approach. Decisions regarding scale,
massing, form, materials, texture, and color must be first measured by context,
Sub-Finding: The applicant's willingness to work with the historical cabins showed
a "both/and" approach that informed decisions about massing and form.
Arts, Culture and Education
(The City of Aspen) will foster artistic creativity and excellence, promote cultural
diversity, and provide continuing learning opportunities. ... Nurture intellectual and
spiritual growth that enriches our lives while challenging our imaginations,
Sub-Finding: Establishing a Jewish Community Center promotes cultural diversity
and nurtures intellectual and spiritual growth. Operating a pre-school is a very
difficult economic model in the City of Aspen, and seeking to open a new pre-school
that will be open to all members of the community reflects a significant learning
opportunity, Other educational programs for teens and adults, including both Jewish
persons and members of the broader community, represents an additional learning
---,.-.j,.
opportunity, promotes cultural diversity and promotes understanding between
cultures.
d) A sufficient percentage of the employees expected to be generated by the project
are mitigated through the provisions of affordable housing or cash-in-lieu thereof
in a manner acceptable to the City Council. The Employee 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 deemed appropriate for the purpose of
promoting civic uses and in consideration of broader community goals,
Staff Finding: According to an analysis by the Aspen Pitkin County Housing
Authority, 4.25 of the 9,63 employees (44%) will be mitigated under the current
proposal. Although the Rabbi and his wife currently live in off-site affordable
housing, they are not counted as being mitigated. If they were to be considered, the
percentage of employees in affordable housing would be 56%.
The Aspen Pitkin County Housing Authority Board met to review this application in
May 2006, and found that, "The three cabins mitigate for 4.25 FTE's which is
acceptable to mitigate for the redevelopment of this property under the Essential Public
Facility Code section."
Community Development staff also finds the level of mitigation being provided in the
current proposal is appropriate and sufficient. Staff recognizes that the applicant
incurred sacrifices and worked extensively with the HPC to retain historical cabins at
this site, which are also to be used as on-site affordable housing. Staff also recognizes
that this proposal is an Essential Public Facility that meets the intent and philosophy
of each chapter in the 2000 AACP.
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.
Staff Finding: This standard is not applicable as there is no free market residential
floor area in this proposal.
j) The project represents minimal additional demand on public infrastructure or
such additional demand is mitigated through improvements proposed as part of
the project. Public irifrastructure includes, but is not limited to, water supply,
sewage treatment, energy and communications utilities, drainage control, fire and
police protection, solid waste disposal, parking and road and transit services.
Staff Finding: Staff finds that the proposal represents minimal demand on public
infrastructure, largely due to its location in the Infill Area. To the degree that the
-~--,~-----_._.--.-I---
proposal places an additional demand on parking spaces in the neighborhood, staff
finds this additional demand can be accommodated considering on-street parking
occupancy, and will be mitigated by various conditions of approval (please see
Exhibit C; Review Criteria I).
"-^-_.__._..~
Exhibit B
Subdivision: Review Criteria & Staff Findings
Pursuant to Section 26.480.040(C)1, the Planning and Zoning Commission shall adopt a
resolution recommending approval, approval with conditions or denial of a subdivision,
according to criteria listed in Section 26.480.050(A-F).
A) General requirements
a) The proposed subdivision shall be consistent with the Aspen Area Community
Plan.
Staff Finding: Although no subdivision of land and no separate interests are to be created
through this proposal, the term "subdivision" in the Land Use Code encompasses three or
more detached dwellings on the Aspen Inventory of Historic Landmark Sites and
Structures. Because this proposal would establish three deed-restricted housing units,
subdivision approval is required. Regarding consistency with the AACP, please see staff
finding in Exhibit C regarding Section 26.470.040(D)3(c).
b) The proposed subdivision shall be consistent with the character of the existing
land uses in the area,
Staff Finding: The proposed development is surrounded by a mix of uses including
single-family, duplex, multi-family housing, lodging, retail and office. The character of
the area is defined by a mixture of uses. Adding additional affordable housing is
appropriate for a mixed-use area.
c) The proposed subdivision shall not adversely affect the future development of
surrounding areas.
Staff Finding: This proposal would not adversely affect the future development of the
surrounding areas,
d) The proposed subdivision shall be in compliance with all applicable requirements
of this Title,
Staff Finding: This proposal would comply with all applicable requirements.
,-
B) Suitability of Land for Subdivision
a) The proposed subdivision shall not be located on land unsuitable for development
because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche
or snowslide, steep topography or any other natural hazard or other condition
that will be harmful to the health, safety or welfare of the residents in the
proposed subdivision,
Staff Finding: The proposal meets this standard,
b) The proposed subdivision shall not be designed to create spatial patterns that
cause inefficiencies, duplication or premature extension of public facilities and
unnecessary public costs.
Staff Finding: The proposal meets this standard.
C) Improvements The improvements set forth at Chapter 26,580 shall be provided for
the proposed subdivision. These standards may be varied by special review (See, Chapter
26.430) if the following conditions have been met:
], A unique situation exists for the development where strict adherence to the
subdivision design standards would result in incompatibility with the Aspen Area
Comprehensive Plan, the existing, neighboring development areas, and/or the
goals of the community.
2, The applicant shall specify each design standard variation requested and provide
justification for each variation request, providing design recommendations by
professional engineers as necessary.
Staff Finding: No variances from the City's adopted improvements standards are
anticipated for this project.
D. Affordable housing. A subdivision which is comprised of replacement dwelling units
shall be required to provide affordable housing in compliance with the requirements of
Chapter 26,520, Replacement Housing Program. A subdivision which is comprised of
new dwelling units shall be required to provide affordable housing in compliance with
the requirements of Chapter 26.470, Growth Management Quota System.
Staff Finding: All ofthe residential units in the subdivision are affordable housing units.
E. School Land Dedication. Compliance with the School Land Dedication Standards set
forth at Chapter 26.630.
Staff Finding: The applicant will comply with the requirements of this Section, The
applicant anticipates payment-in-lieu for the affordable housing units.
F. Growth Management ApprovaL Subdivision approval may only be granted to
applications for which all growth management development allotments have been
granted or growth management exemptions have been obtained, pursuant to Chapter
26.470, Subdivision approval may be granted to create a parcel(s) zoned Affordable
Housing Planned Unit Development (AH-PUD) without first obtaining growth
management approvals if the newly created parcel(s) is required to obtain such growth
management approvals prior to development through a legal instrument acceptable to
the City Attorney.
Staff Finding: Requests for Growth Management review for the affordable housing
mitigation and as an Essential Public Facility are part of this application.
City of Aspen Land Use Code. June, 2005. Part 400, Page 145
a) The improvements
1?)(lfl IS IT C
Aspen Planninl! & Zoninl! Commission Special Meetinl! Minutes Julv 11, 2006
reconsider it. Myler said it was his understanding that they were moving forward
with the reconsideration and there was not going to be a vote on October 3rd as to
whether or not they were going to have a hearing. Bendon recapped what Dave
was describing as their position that the process did not conclude with the 3-3 vote
that it was still an open process. Sunny Vann said that if it was the commissions
position was that they were going to vote as to whether to reconsider then they
need to go back to the attorney's office and straighten this out because it thwarts
the whole concept whether or not... Tygre stated that she understands that and
what you are trying to accomplish was in conflict with the rules that have already
been established and under which they have operated for many years. Tygre
apologized for belaboring this because of the pending application but this was a
very serious matter. Vann said the confusion arises because they were not asking
for reconsidering a denied vote; their position is that it was not denied but a tie
vote. Tygre stated the whole process and this interpretation is so contrary to the
established procedures that have been in place in all of the years that she has been
on planning and zoning that she objected very strenuously to this.
DECLARATION OF CONFLICT OF INTEREST
None stated.
CONTINUED PUBLIC HEARING (06/20/06):
JEWISH COMMUNITY CENTER SUBDIVISION, 435 WEST MAIN
STREET
Jasmine Tygre opened the continued public hearing on the Jewish Community
Center Subdivision. Tygre apologized to the applicant for tabling the last meeting.
Ben Gagnon stated there were 4 different reviews before P&Z; Growth
Management Review to determine employee generation; Special Review to
establish off-street parking requirements; Growth Management Review as an
Essential Public Facility and Subdivision. HPC did a lot ofreview on this project.
Amy Guthrie stated the property was located in the Main Street Historic District
and contains buildings that HPC considered historically significant although HPC
has not designated them. Guthrie said the property currently contains 9 cabins that
run down the side along Third and across the back of the property built in the
1940s as tourist accommodations pulling straight in from Main Street; the front
cabins were built in the mid 1990s and a manager's house that was not considered
by HPC as contributing. Guthrie said that HPC's role was the using the HPC
Guidelines to determine architecturally how the project fit into Main Street; this
was a long process and the applicant and HPC worked very hard to come up with
solutions. HPC looked at this as architectural issues, development patterns on
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Aspen Planninl! & Zoninl! Commission Special Meetinl! Minutes Julv 11. 2006
Main Street. The first plan was one large building on the Fourth Street end and left
everything else pretty much in tact and no one was comfortable with that; there
were a series of other solutions that really came down to the desire to have it
appear to be 2 detached buildings bringing the scale down as much as possible
close to the cabins. There was the desire to create open space in the center that
once existed on the site, visual open space to Main Street.
Guthrie said there were discussions about parking for the appropriate thing to do
for Main Street and the head in parking was discarded and to continue with the pull
in off of Main resulted in moving cabins around and eroded street scape on Main
so the parking came back to the alley where the historic cabins were located. It
was determined that 3 cabins could be moved off site, which was not HPCs best
alternative but they were trying to balance issues. Guthrie said that HPC approved
this plan conceptually in terms of massing and site plan but have not discussed
materials or fenestration. HPC did not was to grant any parking variances without
knowing how P&Z and Council felt about the issue. HPC in general supported the
project.
Steve Skadron asked what HPC's perspective is: support of the project within the
architectural parameters that fit along Main Street but not land use. Guthrie replied
that land use was not in the HPC purview; they did not discuss traffic counts or the
level of detail that was in the P&Z application. Alan Richman stated that it was
important to understand that they did spend 18 months with HPC together arriving
at a site plan, overall massing and beginnings ofthe architecture on how this site
can work.
Dylan Johns asked their position on the new configuration of Main Street lanes.
Guthrie answered they were not asked to take a position on that. Johns asked from
a historical perspective do the new lanes add anything or subtract anything.
Guthrie replied that HPC hasn't talked about it because the period of significance
for Main Street was Victorian when cars weren't even considered or even
sidewalks, which were considered modern additions.
Alan Richman introduced Rabbi Mendel Mintz, Lennie Oates and Arthur Chabon.
Richman said they were in the City process for the better part of2 years and this
was the first time before the planning commission after 18 months with HPC.
Richman said that HPC helped to mold this project into one that was consistent
with the Aspen Area Community Plan and complies with the standards of the code
and not asking for any special dispensation that you might see in other projects.
Richman said there were many elements ofthe original proposal that HPC was not
comfortable with. This proposal was drastically different and they were able to
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Aspen Plannin!!: & Zonin!!: Commission Special Meetin!!: Minutes Julv 11, 2006
work with HPC and quite a bit of public input; this project needs to be prominent
because it is a religious facility where there will be worship services which needs
grandeur and awe inspiring spaces.
Richman said this project was different from projects that the commission has been
seeing. The first way that it was different was that it was a community center
facility; it's not a resort or a second home development. Richman said it was
intended to provide basic services that were in need by members of the community
today including a day care center (a non-denominational day care), a religious
school and a place for religious worship. Richman said there were no floor area
variances requested, they were under .75 in floor area; the height was within the
mixed use zone and no PUD.
Richman said that parking requires special review because it was required to be set
from the code in this manner. Parking will be the topic of the next meeting with
data from 2004 when they first entered into the process. Richman said that they
collected summer data during the Jazz Aspen weekend and there was no demand of
crowding on the surrounding blocks; this was not in the downtown area and there
was available parking.
Mendel Mintz provided his background of moving here 6 years ago founding the
Jewish Community Center Chabbad. Mintz said the holiday events, just a few
times a year, attract anywhere between 200 to 500 people, generally in different
locations such as Aspen Mountain, the ARC and places like that. Currently they
serve about 50 children a week after school hours or other programs. Mintz said
that the facility will service children and adults on a daily basis making it a true
and vibrant community center; this will be a unique building that will not only
have a sanctuary but also serve many educational events and add a sense to the
community in education and in culture. Mintz said it will be called a Jewish
Community Center by name at this point but it will be a community center for the
whole community; about 80% of the programs will serve the community as a
whole and won't be religious in nature but educational access to the whole
community. Mintz said that he will continue to be hands on and run everything in
the center with a non-judgmental place for children and adults. Mintz said this will
be a place for awareness to obtain Jewish knowledge and Jewish identity.
Steve Skadron asked Chabbad meant. Rabbi Mintz replied that Chabbad was the
acronym of three words in Hebrew meaning wisdom, understanding and
knowledge; the theology that Rabbi believes in the service of God that was
generally known as an organization that's primary concern and goals are to spread
Jewish awareness, identity and pride in a non-judgmental positive way. This
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Aspen Plannin!! & Zonin!! Commission Special Meetin!! Minutes Julv 11. 2006
branch was local but there were about 4,000 branches around the world all
independently operated.
Richman said they thought this was the right location for this particular use
because it was a prominent location on Main Street; it was an easily accessible site
in town for the daycare center and where guests and residents can get to it easily by
bus or walking; this was a mix of local serving and visitor serving uses with
lodges, offices, residences and restaurants. Richman described the way the
property evolved over the years.
Richman explained the duplex owned by Goldenberg and the previous owners of
this property entered into a covenant to keep the rectangular area as open space.
Richman said they knew that there would be a daycare facility so a safe drop-off
area was needed therefore the only possible place was on the alley side. Richman
said that sub-grade parking was determined not feasible because then a basement
could not be built on this site; the basement functioned with the library, kitchens,
teen social room and the entrance for a below grade parking structure would be at
the drop off area for the children, which would be a very poor trade-off.
Arthur Chabon, architect, displayed drawings of the project with views from Third
to Fourth and the opposite direction (from Fourth to Third) with a lobby that
surrounded the courtyard with glass on both sides giving a sense of transparency to
further diminish the connection of the two buildings. Chabon said there were 3
employee housing units and 3 more units, which serve the building itself. The first
cabin functions as an entrance to the basement ritual bath and the second cabin
functions as a service entrance. The preschool faced out toward Fourth Street, the
preschool has a play yard. The classrooms have direct access to the play yard.
There were bicycle racks along the alley and on Third Street. Chabon utilized
drawings to show the relationship of this building to the Christiania Lodge and the
Office Building on Third Street.
Jasmine Tygre asked how many square feet the day care center was. Rabbi Mintz
replied there were 3 classrooms were under a thousand feet each; originally they
were smaller but the state licensing person said that 15 preschoolers in a classroom
needed at least 1000 square feet. Mintz said this facility will be designed with
children in mind; there will also be a teen group, adult education, lectures, a
Hebrew School, Holiday Programs and Services, a Library and a small Judaic
Shop. Mintz said this will be low impact on the neighborhood and benefit the
neighborhood.
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Aspen Planninl! & Zoninl! Commission Special Meetinl! Minutes Julv 11. 2006
Chabon said there was a courtyard for gathering and in the center was a skylight
for the lower level. The entrance to the basement was by stair that runs along the
back, which takes you to the lower gallery and to the library. The teen activity
room was under the preschool and administration; there were a couple of
bathrooms, mechanical spaces, storage, the two kitchens for the dietary laws and
ritual bath was under the two cabins.
Tygre asked about the employee housing. Chabon replied there were three units
that run along Third Street; there were two studios (approximately 379 square feet
each) and a one bedroom (547 square feet). Tygre asked if those employee units
would be part of the regular housing pool or associated with the facility. Richman
answered they hoped to associate with the facility but if the demand was not there
by employees of the facility then the units will be deed-restricted by the Housing
Authority. Tygre asked if they have talked to housing about the possibility of
obtaining funds from the housing and daycare tax to help fund the preschool. The
answer was no.
Public Comments:
John Baty said that he represents the Scott Building across the alley and their main
issue was parking and concerns about the drop-off area.
Commission Comments:
Skadron asked if more information was coming forward at the next meeting.
Tygre replied that the commission mayor may not need more information there
were the 4 different reviews and if the members of the commission feel that the
reviews were sufficient straight forward and that the applicant provided adequate
information that would allow the commission to go through the individual reviews;
there was nothing magic about having another meeting next week.
Skadron asked about the process. Skadron said that Amy's comment was that it
first came to HPC and the architectural use was approved to assure the aesthetic of
this building was appropriate for that area. Skadron asked why the aesthetic
review supersedes the land use review. Amy Guthrie responded that it doesn't
supersede it but the code actually requires when a land marked property was
involved there were multiple steps beginning with HPC Conceptual. Guthrie said
there were community issues to be addressed since it was a sensitive site and has
been in place for a long time for HPC to begin the process. Joyce Allgaier said
that after the City Council Review it goes back to HPC for Final Review. Allgaier
stated that all the uses were permitted in the Zone District.
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Aspen Planninl!: & Zoninl!: Commission Special Meetinl!: Minutes Julv 11. 2006
Skadron said the busiest time for the Sanctuary most likely would be the fall and
the spring with the high holidays and he asked does the summer traffic study and
the winter study apply to those days. Rabbi Mintz replied that many people due to
religious observance don't drive on those days, which is their experience now
having 20 or 30 people at a religious ceremony with 5 cars present. Mintz said that
if you see him in a car on a Saturday you know there is a major emergency; many
people don't drive due to the laws about driving on the Sabbath. Richman said
that they were happy to bring up the parking consultant next week; Richman was
confident that the study encompasses the needs that might arise. Richman said the
maximum seating capacity in the Sanctuary was 200 and close to the maximum
level for the social hall.
Richman said there would be a kosher kitchen, which would limit the people using
this facility. Mintz said that this facility was not suited for the big show but a
lower key use.
Skadron said that he wanted to think through the Essential Public Facility. Guthrie
said that recognizing cultural facilities were essential to the quality of life in the
community. Richman said that this commission has reviewed religious facilities
before. Tygre asked what the different review criteria would be in evaluating this
project from the essential public facility or another land use application. Gagnon
responded that under essential public facility review criteria the first one talks
about the community development director determining whether it was an essential
public facility and in this case it has been determined as such based on the
definition. Gagnon said that this was not free market residential or commercial or
office and was unique. Richman said that Growth Management was necessary to
pass through our code.
John Rowland said this was a good site plan with two years oflabor despite the
lack of parking, which he actually applauded. Rowland did not know why P&Z
had to belabor the process any more and would like to vote on the project tonight.
Brian Speck said that he felt the same way as John; he thought the project
aesthetically fit into the area. Speck liked incorporating the family and children
into a project. Speck voiced concern for the area with the children being on Main
Street with the increased traffic. Chabon said that there was a proposed masonry
wall to provide safety and a buffer. Mintz said the person who licenses for the
State Daycares will provide some options for fencing and walls. Speck said that he
had concerns about the parking.
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Aspen Planninl! & Zoninl! Commission Special Meetinl! Minutes Julv 11. 2006
Dylan Johns stated the project looks great and had much needed programs. Johns
said initially he had concerns about the parking but once the hours of operation
were provided and as the project was outlined he became less concerned. Johns
said that he works down the block and during the day the parking spaces tend to
fill up but the only general concern was the schedule and number of special events.
Jasmine Tygre agreed and as the rest of the commission has indicated that there
was general approval of the concept, location, architecture and purpose of this
facility. Tygre said that she felt the need to represent Ruth in not under parking a
facility. Tygre said that the parking for Harris Hall has been a thorn in the side of
the west end ever since so there must be some parking or traffic management plan
that has to do with the number of special events and how it fits into the community.
Tygre stated that a community facility would become sufficiently attractive to the
community in general then it would become more popular that would fulfill the
plans for education and community involvement. Tygre said that maybe the
consultant could help the commission with a plan for the community facility.
Tygre said like the rest of the commission she was very much in favor of the
project. Rabbi Mintz said that they have discussed some of the issues of how to
deal with the cases of traffic or when the neighborhood was overwhelmed and
some ofthe answers were an outside monitor to move things along for pick-up and
drop-off times for the school; the website will list that there is not parking for
events so please car pool or use public transportation.
Tygre said that the conditions of approval should include all of the issues of
parking and incorporated into a Resolution of Approval. Richman and Mintz
replied that they would be conditions that have been discussed. Rabbi Mintz said
that he consulted with his Christian colleagues and they said it was a non-issue and
were good neighbors.
MOTION: Steve Skadron moved to continue the public hearing on the Jewish
Community Center, 435 West Main Street to July 18'\' seconded by John Rowland.
All infavor, APPROVED.
Ben Gagnon pointed out on page 4 of the Resolution, Section 10 with regards to
the parking requirements and the drop off for the preschool.
Meeting adjourned at 6:55 p.m.
Jackie Lothian, Deputy City Clerk
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Aspen Planninl!: & Zoninl!: Commission Meetinl!: Minutes - Julv 18, 2006
first meeting was on July 25th regarding the history of planning Aspen; it was the
50th. "' .
anniversary lor zonmg.
Bendon also distributed an update to the lodging report and an analysis of all of the
building permit growth activity from 2000 through last month. The commission
expressed thanks for Jennifer Phelan's work.
Bendon introduced Jessica Garrow, the new planner with a Masters in Planning
from Ohio State University.
MINUTES
The minutes were postponed until the next meeting although Ruth read them.
PUBLIC HEARING:
TIMESHARE CONVERSION CODE AMENDMENT (PINES LODGE,LLC)
Jasmine Tygre opened the public hearing for the timeshare code amendment.
Notice was provided.
MOTION: Steve Skadron moved to continue the public hearing to 8/1 on the
Timeshare Conversion Code Amendment; seconded by Ruth Kruger. All infavor,
approved.
CONTINUED PUBLIC HEARING (07/11106):
JEWISH COMMUNITY CENTER
Jasmine Tygre opened the continued public hearing on the Jewish Center. Ben
Gagnon recapped the reviews from the last meeting. The background with the
Historic Preservation Commission; the growth management; the subdivision
review; the essential public facility; the infrastructure and the off-street parking
requirements.
Alan Richman introduced Jeffrey Ream from Felsburg Holt & Ullevig out of
Denver. Ben Gagnon briefly touched on the changes in the city parking
requirements over the last year in the Commercial Core, C-l, SCI, Lodge and
Commercial Lodge Zone Districts. The general philosophy was to require less
parking to push the load off of the public sector onto the private sector to make
sure they figure out how to accommodate people; use the transit system in creative
ways or utilize shuttles and vans.
Alan Richman said the Planning Commission asked for two specific things. Jeff
Ream will walk through the summer and winter parking study to understand how
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Aspen Planninl! & Zoninl! Commission Meetinl! Minutes - Julv 18. 2006
the conclusions were decided for the availability of on-street parking. The other
issue was traffic management on the site and available parking on site.
Jeff Ream, transportation engineer with Felsburg, Holt and UlIevig; his focus was
traffic engineering; they developed unique characteristics from the individual uses
on site with the number oftimes the event would occur, the numbers attending,
what kind or carpool and transit and created a table for each particular use on this
site and apply those throughout the day to show the parking demand each hour.
Ream said the preschool would have between 35 and 45 children with parents
dropping kids off taking maybe 5 to 10 minutes with staff to help. There were 9
parking spaces on site with 7 dedicated to the drop-off parking; there may be
staggering of the classes to better manage the drop-off spaces.
Ream said the children's Hebrew school would be about 8 to10 children; the teen
program once a month with 20 to 25 teens; adult education maybe 2 or 3 nights a
week with 15 to 25 people; Religious services would be Friday after sundown and
Saturday morning between 9 and noon with 40 to 50 people attending; special
events, which would occur 8 to 10 times a yeilr ranging from 50 to 200 people.
Ream said the day to day use would be the teen and adult programs and religious
services. Ream said that there would be about 25% for religious services because
observant Jews are not supposed to drive to services and from this number they can
garner the number of parking spaces for the individual uses. There would be a
demand for about 17 spaces from the adult education program held between 8 and
10 pm; on Fridays the religious services about 27 off-street spaces being used after
sundown; on Saturday morning services about 20 spaces and Special Events that
would occur about once a month during the hours of 6 to 8 pm needing 75 spaces.
Ream said they did hourly counts of traffic in March during spring break and the
Arts Comedy Festival for the wintertime activity and in the summer the 3rd
weekend in June during the Jazz Aspen.
Alan Richman summarized the parking special review. Dylan Johns said the
summary was helpful with clarifications and went a long way to ensure as few
conflicts as possible.
John Rowland endorsed the one-way alley concept beginning on the east so that
children getting out of the car were closer to the building. Rowland asked if any
studies were done that allowed the parking spaces to be a pull-out lane. Ben
Gagnon stated that he spoke to the Community Development Engineer who
preferred to see that those 7 spaces were not used as pull-in pull-out during the
preschool drop off and pick up but to keep cars circulating. Gagnon said the one-
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Aspen Planninl! & Zoninl! Commission Meetinl! Minutes - Julv 18. 2006
way alley, staggered arrival times for the preschool and special event times would
be included in the resolution.
Public Comments:
John Batey, attorney for Scott Building Condominium, located across the alley said
there were flaws in the parking study and suggested the parking be somewhat
dispersed than trying to get into a parking structure.
Ben Gagnon said the clarifications to the resolution were fairly technical. Alan
Richman said they were minor with the first one on page 3, Section 4 Dimensional
Requirements; they still have to go back to HPC for final review and more than
likely there will be some more tweaks for the final floor area or height. Gagnon
said it would read that "it shall be in compliance with the final approval of the
Historic Preservation Review". Richman said page 4, at the top #3 before Section
8, the requirement to mitigate for additional employees if an audit shows additional
employees to add "mitigation at an identical percentage". Richman said on page 6
in item h "the fence does not impact any tree roots" and "the fence will be a safety
fence and comply with the State of Colorado Daycare standards". Gagnon said
that Section lOin the resolution established off street parking and Section 4
additional commitments.
Ruth Kruger stated concern for the change in use for loss of bed base and asked
how many beds were lost in this redevelopment. Richman replied that they
anticipated this question; there were 16 units. Rabbi Mintz stated the occupancy
was under 30% now annually with no hotel services and there were no cooking
facilities only a microwave. Mintz said there were one bedroom units. Richman
distributed Rabbi Mintz's notes, which should answer a lot of questions. Gagnon
said that staff found this to be a mixed use area. Kruger asked about the lodging
preservation. Richman responded that it was an allowed use and he thought the
city's policy was to encourage the small lodges to remain open but never to force
them to stay lodging if it's economically unrealistic for them to do so. Richman
said that as much as we might want this property to be desirable, it was not
drawing the kind of interest after it was condominiumized, nothing sold, which
was why the lodge ultimately sold as a whole because there was no interest in that
economic solution of condominiums. Kruger said that she understood the point but
still hated to see the lodge rooms taken away.
Skadron asked if this promoted a development pattern concern for Main Street and
was it in the best interest of the general welfare of the community; his concern was
that Main Street in the future was lined with Religious Institutions and does that in
the long run serve the goals ofthe community plan in terms of inclusiveness and
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Aspen Planninl! & Zoninl! Commission Meetinl! Minutes - Julv 18. 2006
welcoming atmosphere. Skadron said that Aspen was richer with a greater mix of
religions and social classes. Gagnon replied the uses allowed were uses by right.
Allgaier stated the zoning on Main Street was mixed use, which allowed for a
variety of uses from commercial, retail, office and restaurant.
MOTION: Dylan Johns moved to approve Resolution #24, series 2006,
approving a Growth Management review to determine employee generation and a
Special Review to establish off-street parking requirements with conditions and
recommending approval to City Council of a Growth Management Review as an
Essential Public Facility and Subdivision Review with conditions finding that the
review criteriafor the application have been met and to include a requirement for
an employee busses, the alley be explored with the City Engineer and
neighborhood to establish a one-way designation, the preschool start times be
staggered and Special Events start times not be scheduled before 6 pm during the
winter and 7 pm during the summer and clarifications as presented by the
applicant. Seconded by John Rowland. Roll call vote: Speck, yes; Skadron, yes;
Kruger, no; Rowland, yes; Johns, yes; Tygre, yes. APPROVED 5-1.
Discussion of motion: Ruth Kruger said that it was a valid point that most of the
churches in town were under parked but she can't support an under parked project.
Kruger said when the reduced parking requirements were created she thought that
the reductions were simply for the downtown core, this was not the downtown
core. Kruger complimented the presentation but did not feel it was not fair to spill
out parking in the neighborhood. Jasmine Tygre felt under parking in the long run
was a bad policy; the circulation, traffic and parking management will be at an
effective level for this project and did not think that it would necessarily be a
problem for this project. Tygre agreed with Alan on having places in town for
children. Steve Skadron was less concerned about the parking and cared about the
opportunity for the community as presented with it being open to the greater
community.
PUBLIC HEARING:
8040 GREENLINE/RESIDENTIAL DESIGN ST ANDARDS VARIANCE -
PARCEL 4. TOP OF MILL
Jasmine Tygre opened the public hearing for the 8040 Greenline Review
Residential Design Standards. Jessica Garrow provided the proof of notice.
Garrow stated this was a residential design variance and 8040 greenline review for
the vacant parcel #4 in the Top of Mill Aspen Mountain Subdivision PUD.
Garrow introduced Eric Arneson and John Galambos.
6
RESOLUTION NO. 24
(SERIES OF 2006)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING A SPECIAL REVIEW TO ESTABLISH OFF-STREET PARKING
REQUIREMENTS AND A GROWTH MANAGEMENT REVIEW TO
DETERMINE EMPLOYEE GENERATION, AND RECOMMENDING THAT
CITY COUNCIL APPROVE A SUBDIVISION, AND GROWTH MANAGEMENT
REVIEW AS AN ESSENTIAL PUBLIC FACILITY, FOR THE JEWISH
COMMUNITY CENTER, ON THE PROPERTY LOCATED AT 435 W. MAIN
STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO. THIS IS TO REPLACE RESOLUTION NO. 24
RECORDED #527142.
Parcel ID: 2735-124-81-001
WHEREAS, the Applicant, Jewish Resource Center Chabad of Aspen,
represented by Alan Richman Planning Services, submitted an application (hereinafter
"the application") requesting approval of a Special Review to Establish Off-Street
Parking Requirements, a Growth Management Review to Determine Employee
Generation, Subdivision and a Growth Management Review as an Essential Public
Facility, to construct the Jewish Community Center, located at 435 W. Main St., Lots A-
I, Block 38, City and Townsite of Aspen; and,
WHEREAS, the Community Development Department Director determined that
the Jewish Community Center is an Essential Public Facility, and that the application met
the applicable review standards, and recommended approval with conditions; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the application under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, the applicable referral agencies, and has taken and considered public
comment at a public hearing; 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, with conditions, is consistent with the goals and
elements of the Aspen Area Community Plan; and,
WHEREAS, at a public hearing, which was legally noticed and held at a regular
meeting of the Aspen Planning and Zoning Commission on July 18,2006, at which time
the Commission considered and found the application to meet the review standards, and
approved a Special Review to Establish Off-Street Parking Requirements, and a Growth
Management Review to Determine Employee Generation, and recommended that City
Council approve with conditions a Subdivision and Growth Management Review of an
Page I of7
Essential Public Facility, by a vote of 5-1 to the Jewish Community Center, located at
435 West Main Street, Lots A-I, Block 38, City and Townsite of Aspen; and
WHEREAS, the 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:
Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen
Municipal Code, the Plarming and Zoning Commission hereby approves with conditions,
a Special Review to Establish Off-Street Parking Requirements and a Growth
Management Review to Determine Employee Generation, and recommends that City
Council approve with conditions a Growth Management Review as an Essential Public
Facility and Subdivision in order to construct the Jewish Community Center, located at
435 W. Main Street, Lots A-I, Block 38, City and Townsite of Aspen,
Section 2: Plat and Al!:reement
The Applicant shall record a subdivision plat and agreement that meets the requirements of
Land Use Code Section 26.480, Subdivision, within 180 days of City Council approval.
Section 3: Buildinl!: Permit AooIication
The building permit application shall include the following:
a. A copy of the final Ordinance, Planning & Zoning Commission
Resolution and Historic Preservation Commission Resolutions.
b, The conditions of approval printed on the cover page of the building
permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction, If a ground recharge system is required, a
soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage
improvements.
e. An excavation-stabilization plan, construction management plan, and
drainage and soils reports pursuant to the Building Department's
requirements. The construction management plan shall include an
identification of construction hauling routes, construction phasing, and a
construction traffic and parking plan for review and approval by the City
Engineer and Streets Department Superintendent. The construction
management plan shall also identify that the adjacent sidewalks will be
kept open and maintained throughout construction.
f. A fugitive dust control plan to be reviewed and approved by the City
Engineering Department.
Page 2 of7
g. Accessibility and ADA requirements shall meet the building code
requirements.
Section 4: Dimensional Requirements
The redevelopment of the site is limited to the dimensional requirements established in
the Site Plan, Floor Plans, Building Sections and Exterior Elevations in the February
2006 Subdivision application, and further subject to Historic Preservation Commission
Final Review.
Section 5: Trash/Utilitv Service Area
The trash containers shall be wildlife proof.
Section 6: Sidewalks. Curb. and Gutter
The sidewalks shall be constructed as per Resolution No. 31, Series of 2005, of the
Historic Preservation Commission, and shall be upgraded to meet City Engineer's
requirements and ADA requirements prior to issuance of a certificate of occupancy on
any of the units within the development. The Applicant shall also repair any curb and
gutter adj acent to the property that is deemed to be in disrepair by the City Engineer
before a certificate of occupancy is issued for any of the units within the development.
Section 7: Affordable Housin2
The three (3) on-site affordable housing units shall be in compliance with the
Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant
shall record a deed restriction on each of the affordable housing units at the time of
recordation of the subdivision plat and prior to the issuance of a Certificate of Occupancy
for the units, classifying the units as Category 2 units.
a) At least two parking spaces shall be allocated and reserved for the employee-housing
units on site,
b) The units will be deed-restricted as rental units but will allow for the units to become
ownership units at such time the owners would request this change and/or at such
time the APCHA deems the units out of compliance for a period of one year or more.
At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price.
c) APCHA or the applicant shall structure a deed restriction for the units such that
11 10th of I percent of the property is deed restricted in perpetuity to the
Aspen/Pitkin County Housing Authority; or until such time the units become
ownership units; or the applicant may propose any other means that the Housing
Authority determines acceptable,
d)Due to the ability to have the employees live on-site, if such employee is employed
by the Community Center, the income and assets can be waived.
e) If more than ten (10) Special Events are held in a calendar year, as defined in the
application (p. 6B), the applicant shall be required to conduct an employee audit
under the terms of Section 7(f)1-3.
f) The applicant shall conduct an employee audit two years after issuance of the
Certificate of Occupancy for the development under the following terms:
Page 3 of7
I. The applicant shall retain an auditor and shall gain prior approval from the
Housing Office for the selection of the auditor.
2. The applicant shall be fully responsible for all fees associated with
retaining an auditor.
3. Should the audit show additional employees over the 9.63 FTE, the
applicant shall mitigate at an identical rate established by this Resolution
(44 percent) for those additional employees required under the Guidelines
in effect at the time of the audit - either by providing units or by providing
a payment-in-lieu fee,
Section 8: Relocation of Cabins
Applicant may relocate three (3) cabins off-site only upon approval of the Historic
Preservation Commission of a satisfactory receiver site and method of relocation.
Section 9: Determination of Emplovee Generation
The Planning and Zoning Commission has determined that 9.63 FTEs shall be generated by
the Jewish Community Center, based upon a review by the Aspen Pitkin Housing Authority,
The three Category 2 rental affordable housing units on site provide mitigation for 4.25
FTEs,
Section 10: Establishin!! Off-Street Parkin!! Requirements
The Planning and Zoning Commission has established off-street parking requirements as
follows:
a) Nine (9) off-street parking spaces.
b) Of the nine (9) off-street parking spaces, two (2) shall be reserved for affordable
housing users.
c) The Center shall utilize at least one staff member to establish and facilitate a
temporary off-street drop-off and pick -up area for the Pre-School operation, using
up to seven (7) parking spaces in the off-street parking area. The Center shall use
these parking spaces and safety cones to create a one-way, continuous-movement
drop-off program, and not as traditional parking spaces. The applicant shall be
responsible for maintaining this area in a manner that provides for public safety in
the winter months, including snow and ice removal.
d) Applicant shall submit a request to the City of Aspen to post the alley adjacent to
the on-site parking area as one-way. The proposed direction of the one-way
designation shall be decided in cooperation with the City and the neighbors on the
alley,
e) If the Center holds more than ten (10) Special Events in a calendar year, as defined
on p. 6B of the February 2006 application, the applicant shall be required to obtain
an additional approval for a Special Review to Establish Off-Street Parking
Requirements, pursuant to Section 26.5l5.040(A)I-3.
Section 11: Transportation and Parkin!!
a) Applicant shall pay the City of Aspen's Air Quality Impact Fee if said fee is in
place by building permit submittal. Fee shall be paid prior to issuance of building
permit.
Page 4 00
b) Applicant shall print on all event flyers that on-site parking is not available, and
attendees are strongly encouraged to car pool, use bicycles, walk or take the bus,
c) Applicant shall require any person who rents the social hall to print on their invitation
that on-site parking is not available and attendees are strongly encouraged to car pool,
use bicycles, walk or take the bus.
d) Applicant shall maintain information on its website regarding the lack of on-site
parking, and information regarding car-pooling or use of public transit.
e) Applicant shall not schedule Special Events with a projected attendance in excess of
50 people before 6 pm during the winter season or before 7 pm during the summer
season.
f) Applicant's daycare operation shall make a good faith effort to work with parents
of enrolled children to establish and maintain a carpool program.
g) Applicant shall stagger arrival times for pre-school classes once enrollment reaches
25 children, Arrival times will be staggered by at least 15 minutes per class,
h) Applicant shall active participate in the City's Transportation Options Program
(TOP).
i) Applicant shall provide covered and secure bike storage.
j) Applicant shall provide free bus passes to employees who do not live on-site.
Section 12: Fire Mitil!ation
The Applicant shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshal.
Section 13: Water Department Requirements
The Applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department.
Section 14: Sanitation District Requirements
The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations, On-site utility plans require approval by ACSD. Below grade development may
require installation of a pumping system. One tap is allowed for each building. Shared service
line agreements will be required where more than one unit is served by a single service line.
Permanent improvements are prohibited in sewer easements or right of ways.
Landscaping plans will require approval by ACSD where soft and hard landscaping may
impact public ROW or easements to be dedicated to the district.
Section 15: Exterior Lil!htinl!
All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code
pursuant to Land Use Code Section 26,575,150, Outdoor lighting.
Section 16: School Lands Dedication Fee
Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall
pay a fee-in-lieu of land dedication prior to building permit issuance, The City of Aspen
Community Development Department shall calculate the amount due using the
calculation methodology and fee schedule in affect at the time of building permit
Page 5 00
submittal. The Applicant shall provide the market value of the land including site
improvements, but excluding the value of structures on the site.
Section 17: Landscapinl!
a) Tree Protection: A vegetation protection fence shall be erected at the drip line of
each individual tree or groupings of trees remaining on site. A formal plan
indicating the location of the tree protection will be required for the bldg permit set.
No excavation, storage of materials, storage of construction backfill, storage of
equipment, foot or vehicle traffic allowed within the drip line of any tree remaining
on site. This fence must be inspected by the city forester or his/her designee before
any construction activities are to commence.
b) Excavation: an excavation under the drip line permit will need to be approved
along with the tree permit. Specific excavation techniques will be required for the
excavation along Hopkins Ave and part of the South West corner located next to
the Large Cottonwood Tree, Vertical excavation will be required and over digging
is prohibited in this zone, This note must be represented on the building permit set.
c) The applicant will need to contract with a tree service, and have them on call in
order to address all roots greater than 2 inches in diameter. Root trenching will be
required around all trees with excavation next to and/or under the drip line. This
can be accomplished by an experienced tree service company or trained member of
the contractor's team.
d)An approved tree permit will be required before any demolition or significant
property changes take place. Parks is requiring that the tree permit be approved
prior to submission of the building permit. Mitigation for removals will be paid
cash in lieu or on site,
e) Planting in the Public Right of way will be subject to Landscaping in the ROW
requirements. Improvements to the ROW should include new grass and irrigation.
The ROW trees along 4th and 3'd streets should be of another species other than
cottonwood,
f) Realignment of the ditch will require specific coordination between the Parks
Department and the contractor. The realignment will have to take place during a
time period when the ditch is closed for the off-season. Realignment will also
require the use of a Bentomat type material in order to reestablish the integrity of
the ditch,
g) Utility connections: these connections will need to be designed on the plan in a
manner that does not encroach into the tree protection zones
h) Play Yard fence shall be installed on posts, all posts need to be hand dug. Any root
greater than 2" encountered during the installation will require approval before
removal. Play yard fence must be constructed according to State of Colorado
standards for daycare centers.
i) The installation of the new sidewalk at the corner of 4th and Main Streets needs to
be designed at grade bridging over the root systems of the existing cottonwood
trees.
Page 6 00
Section 18:
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 19:
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 20:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 18th
day of July, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
COMMISSION:
Jasmine Tygre, Chair
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Page 7 of7
,-~,_._---"'_._~. "-j.,-
EY:~;b it t.
Alan Richman
Planning Services
Memo
From:
Ben Gagnon, Citx. o~Aspen
Alan Richman ~
To:
Date:
5/22/2006
Revised Parking Study
Re:
Attached to this cover memo is a copy of the revised parking study prepared for the Aspen Jewish
Community Center by Fellsburg Holt and Ullevig (FHU), This report updates the original parking study
performed in 2004, to reflect the current site design for the facility and the program and staffing
currently planned for the facility. The report was also updated to reflect the change in the on-street
parking inventory in the neighborhood due to the implementation of the bus lane along Main Street.
As you will see from reviewing the report, the basic conclusion has not changed. FHU continues to find
"that adequate on-street parking exists in the area to accommodate the demand associated with the
Aspen Jewish Community Center",
Please let me know if you have any questions about this update or any other aspect of this project
Thanks!
. Page 1
.., '.. \. .__ ".0
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FELSBURG
HOLT &
ULLEVI G
engineering paths to transportation solutions
April 5, 2006
Mr. Alan Richman
Alan Richman Planning Services
PO Box 3613
Aspen CO 81612
RE: Aspen Jewish Community Center Parking Study
FHU Reference # 04-037
Dear Mr. Richman:
This letter has been prepared by Felsburg Holt & Ullevig (FHU) to update the parking study
conduct for the proposed Aspen Jewish Community Center (Center), to be located on the north
side of Main Street between Third and Fourth Streets in Aspen, Colorado, The original study
was completed by FHU in June, 2004 and included field studies of existing on-street parking
conditions and analyses of future parking conditions with the Center. This update has been
prepared to reflect updates in the site design of the Center, as well as refined information
regarding Center staffing and activities. Like the original study, it includes a summary of the
proposed project, projected parking needs for the project, existing on-street parking conditions
for the area surrounding the project, and the projected on-street parking conditions during
regular weekday services and during special events at the Center.
Project Description
The Aspen Jewish Community Center would be located on the south side of Main Street
between Third and Fourth Streets; on the L'Auberge d'Aspen site (Figure 1), The Center would
include a staff of nine people (six day care staff, the rabbi, an administrative assistant, and a full
time caretaker), and would host activities including pre-school, an afternoon Hebrew school,
evening adult education classes, religious services on Fridays after sundown and on Saturday
mornings, and occasional evening teen programs. Eight to 10 special events are also
anticipated throughout the year.
Because of space constraints on the site, the only off-street parking planned for the project
would be nine spaces in the alley. Two of those spaces would be reserved for Community
Center staff, with the other seven available primarily for pre-school pick-up and drop off, but also
for use by other Center patrons. Since the site is anticipated to generate a parking demand in
excess of this limited supply, the remaining patrons would need to use the on-street spaces on
the block(s) surrounding the site, so an on-street parking assessment was conducted to
determine whether this on-street supply would be sufficient to accommodate Center demands.
6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel303.721.l440 fax 303.721.0832
www.fhueng.cominfo@fhueng.com
p'
rill FELSBURG
~HOLT &
ULLEVIG
~
Figure 1
Vicinity Map
North
Aspen Jewish Community Center 04-037 6/21/04
April 5, 2006
Mr. Alan Richman
Page 3
,
Projected Parking Needs for the Aspen Jewish Community Center
Due to the unique nature of the proposed land use, no parking generation data was available
from traditional sources such as the Institute of Transportation Engineers' Parkino Generation,
or the Eno Foundation's Parkino. Therefore, parking generation forecasts for the site were
based on projected activity schedules provided by the Center. Estimated attendance and
average vehicle occupancy was obtained based on observations at the existing Aspen Jewish
Resource Center. Table 1 summarizes the proposed activity schedule for the Center, as well
as attendance levels, parking space requirements and the typical duration of parking needed for
each activity planned for the Center. As the table indicates, regularly scheduled activities at the
Center would include pre-school, Hebrew school, religious services and adult education
classes, but very few of these activities would occur at the same time. Special events that
generate significant parking demand are anticipated to be infrequent, as are evening teen
programs. Both are anticipated to occur on evenings when no adult education classes are
scheduled, Due to the site location availability of transit service, and event times, a
transit/walking mode share of 10 percent was assumed for all activities except pre-school (no
transit/walking mode share was applied) and religious services (a 25 percent mode share was
assumed because observant Jews are forbidden to drive to Friday night or Saturday morning
services and it anticipated that some will follow this practice).
Table 1.
Aspen Jewish Community Center Activity Schedule and Parking Estimates
Staff 7 AM-10 PM 7 days 9 staff 1 10% 8 Long
er week Term
Pre- 8AM-4PM 5 days 35-40 children 1 0% 40 Drop-off
School er week
Hebrew 3 PM - 5 PM 2 - 3 days 8-10 children 1.5 10% 6 Drop-off
School er week
Teen 6PM-8PM 1 night 20-25 people 1 10% 23 2-hour
Pro ram er month
Adult 8 PM - 10 PM 2 nights 15-25 people 1.5 10% 15 2-hour
Education er week
Friday
Religious after sundown Every 40-50 people 2 25% 19 2-hour
Services Saturday week
9 AM to Noon
Special 6 PM - 8 PM 8 -10 50-200 people 2.5 10% 72 2-hour
Events er ear
The information in Table 1 was used to generate parking demand on an hourly basis throughout
the day. Table 2 presents this information for each of four conditions considered:
. Typical weekday demand;
. Friday demand (to account for evening religious services);
. Saturday demand (to account for weekend religious services); and
. Special Events.
April 5, 2006
Mr. Alan Richman
Page 4
The 48 parking spaces required at the end of the pre-school day in Table 2 (4-5 PM) represent
a conservative demand estimate based on all parents arriving at the same time to pick up their
children (40 drop-off spaces occupied). It is likely that some parents would arrive a little earlier
and others a little later (based on their work schedules), and since each space would only be
occupied for a few minutes, it is anticipated that somewhat less than those 40 spaces would be
occupied at the same time, and in no case would all spaces be occupied for a full hour.
Considering this situation, the peak parking demands for the Center are anticipated to occur in
the evening during the week (17 spaces), during the early evening on Friday (27 spaces) and
during mid-morning on Saturday (20 spaces). Special events are anticipated to generate a
peak demand of 74 spaces, which would also occur in the early evening.
Figure 2 graphically depicts the total hourly demand forecast for the Center throughout the day.
Existing Parking Conditions
To determine the existing on-street parking availability during the anticipated peak demand
periods for the Center, hourly parking occupancy studies were performed on a Thursday, Friday
and Saturday during the first week in March, 2004 for the following time periods:
. Thursday: between 3 PM and 8 PM;
. Friday: between 3 PM and 8 PM;
. Saturday: Between 8 AM and Noon.
It should be noted that the study was conducted while the US Comedy Arts Festival was
underway to present a conservative scenario where parking demand in town is higher than
normal.
The 10-block area around the site (the block on which the site is located, the six surrounding
blocks, and the three blocks on the south side of Hallam Street, which is two blocks from the
proposed site) was selected as the study area to ensure that an adequate area of potential
parking spaces was included (Figure 3), The number of parked vehicles on each block face
within this area was recorded hourly throughout each study period to provide an assessment of
the existing on-street occupancy. Table 3 summarizes the results.
Approximately 482 on-street parking spaces are available within the study area, and as the
table indicates, existing occupancy is very low. Occupancy was also fairly consistent
throughout the study period; during the week only 10 more vehicles used street parl<ingduring
the highest demand hour (5 PM to 6 PM) than the lowest hour (7 PM to 8 PM). On Saturday,
only a five vehicle difference existed between the high and low demand periods.
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Aspen Jewish Community Center 04-0376/21/04
April 5, 2006
Mr. Alan Richman
Page 8
Table 3.
On-Street Parking Usage within the Study Area
78
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75
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. :., $'~J~MTm'j}1~::
62
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As noted in Table 2, the Aspen Jewish Community Center is anticipated to generate a peak
parking demand during Friday religious services, which occur after sundown between fall and
spring, roughly during the peak parking demand period of 5-6 PM. Figure 4 shows the parking
demand on each block face during that period. As the figure indicates, adequate parking is
available on all blocks in the study area, with only four block faces more than half full. Only 22
.of the 98 spaces on the four streets surrounding the project block were occupied.
During the summer, services would occur later in the evening because of the longer days,
Figure 5 shows the parking demand on each block face during the last hour of the study period
(7 PM to 8 PM), which is anticipated to reflect conditions during these later services. As the
figure indicates, conditions are very similar to those reflected in Figure 5; only four block faces
are more than half full, and nearly all of the spaces on the streets surrounding the project are
vacant.
Figures 6 and 7 show existing conditions on Saturday mornings. Figure 6 shows background
conditions early in the morning when people would be arriving for services, while Figure 7
shows background conditions during services. As with weekday conditions, both figures
indicate a low background demand for parking throughout the study area.
Parking Conditions with the Aspen Jewish Community Center
To assess parking conditions with the Center, the hourly parking demand generated by the site
for each of the various activity scenarios (Table 2) was added to the hourly background parking
demand in the study area (Table 3). The results are presented in Table 4 and graphically
depicted in Figures 8 and 9. Two parking changes are anticipated within the study area: new
bus lanes on Main Street will remove all of the parking from the south (Aspen Mountain) side of
Main Street (reducing the supply in the area from 482 spaces to 446 spaces), and remove the
parking on the north (Red Mountain) side of Main Street from 3 PM to 6 PM every weekday
(reducing supply to 410 spaces for that period), These changes are reflected in the table and
figures.
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Figure 4
Existing Weekday Parking Occupancy
5PM - 6PM
North
Aspen Jewish Community Cenler 04-037 6/21/04
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Existing Weekday Parking Occupancy
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Aspen Jewish Community Center 04-037 6/21104
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Aspen Jewish Community Center 04.037 6/21/04
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Aspen Jewish Community Center 04-037 6/21/04
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April 5, 2006
Mr. Alan Richman
Page 15
As the table and figures indicate, less than 30 percent of the street spaces in the area would be
occupied during both typical weekday activities Friday services, and special events at the
Center, while on Saturdays less than 20 percent of the spaces would be full.
Table 4.
Hourly Parking Demand in the 10-Block Study Area with the
Aspen Jewish Community Center
3 PM - 4 PM 8 65 73 18%
4 PM - 5 PM 48 68 116 28%
5 PM - 6 PM 8 60 68 17%
6 PM - 7 PM 2 62 64 14%
7 PM - 8 PM 10 62 72 16%
8 PM - 9 PM 17 60 77 17%
9 PM - 10 PM 17 59 76 17%
3PM-4PM
4PM-5PM
5PM-6PM
6 PM - 7 PM
7 PM - 8 PM
8 PM - 9 PM
9 PM - 10 PM
8
48
27
21
2
o
o
17%
27%
22%
15%
11%
11%
11%
3 PM - 4 PM
4 PM - 5 PM
5 PM - 6 PM
6 PM - 7 PM
7 PM - 8 PM
8 PM - 9 PM
9PM-10PM
8
48
44
74
74
38
2
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8AM-9AM 11 54 65 15%
9 AM - 10 AM 20 58 78 17%
10AM -11 AM 20 59 79 18%
11 AM - Noon 20 60 80 18%
Noon - 1 PM 11 61 72 16%
1 PM - 2 PM 1 62 63 14%
April 5, 2006
Mr. Alan Richman
Page 16
It is anticipated that parking occupancy would be concentrated around the site as much as
possible, since people naturally park as close as possible to their destination. Therefore, it is
likely that the block faces nearest the Center's entrance (located on Main Street) would fill first,
with additional block faces filling as necessary until all vehicles are accommodated. Using this
principle, Center parking demand was assigned to the street system; Figures 10 and 11 show
the anticipated parking conditions during typical religious services (starting at 5 - 6 PM) and
during special events (starting at 7 - 8 PM).
As shown in Figure 10, during typical religious services, nearly all Center parking demand can
be accommodated in the spaces on either side of 4th Street, with the remaining Center patrons
park along the other block faces adjacent to the site. Currently, 17 vehicles were observed
occupying the 78 spaces available on these block faces. The remaining eight blocks in the
study area are not anticipated to be affected by Center demand.
As shown in Figure 11, during speciaL events, Center demand would fully occupy the four block
faces nearest the Center's entrance (both sides of 4th Street between Main and Hopkins and the
south side of Main Street between 5th and 3rd Streets), Some patrons would occ';l.fy both sides
of 4th Street between Main and Bleeker, both sides of Hopkins between 5th and 3 ,and the west
side of 3rd between Main and Hopkins, but the demand on these blocks is not anticipated to
completely fill those spaces. It is also worth noting that these special event conditions are
anticipated only 8-10 times per year and would only last for a few hours; thus the conditions
presented in Figure 11 would occur infrequently,
Conclusions and Recommendations
Based upon the above parking analysis, it appears that adequate on-street parking exists on the
area to accommodate the demand associated with the Aspen Jewish Community Center. Very
few vehicles currently park on the streets in the site vicinity, and under typical conditions, nearly
all Center patrons would be accommodated along the block faces adjacent to the site. During
larger special events at the Center, which would occur 8-10 times per year, the four block faces
nearest the Center's entrance would fill. Some patrons would use the spaces on the blocks
beyond those, but the demand on these additional blocks is not anticipated to fully occupy all
the spaces available, The remaining blocks in the study area are not anticipated to be affected
by Center demand,
I trust this information will be of assistance to you as you continue the approval process for the
Center. If you have any questions regarding the above information, or need any additional
information, please give me a call at (303) 721-1440.
Sincerely
FELSBURG HOLT & ULLEVIG
a::'~OE
Senior Transportation Engineer
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Figure 10
Parking Conditions During Religious Services
5PM - 6PM
North
Aspen Jewish Community Center 04-037 3/23/06
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Figure 11
Parking During Special Events
~ 7PM - 8PM
North
Aspen Jewish Community Center 04-037 4/5/06
~
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FELSBURG
HOLT &
ULLEVIG
engineering j)aths to transj)ortation solutions
MEMORANDUM
TO:
Mr. Alan Richman
FROM:
Jeff Ream, P.E., PTOE, Felsburg, Holt & Ullevig
DATE:
SUBJECT:
July 5, 2006
Aspen Jewish Community Center Summer Parking Analysis
FHU Reference No, 04-037
FHU has prepared this memorandum to summarize the results of the summer parking analysis
recently completed for the Aspen Jewish Community Center project. As you are aware, FHU had
initially conducted an analysis of on-street parking availability in March, 2004, which provided a
good assessment of parking conditions during the peak winter season. This analysis was
conducted to assess the adequacy of parking during the peak summer season, when traffic
volumes and parking demands are generally higher.
BACKGROUND
To determine the existing on-street parking availability during the anticipated peak demand periods
for the Center, hourly parking occupancy studies were performed on a Thursday, Friday and
Saturday during the third week in June, 2006 for the following time periods:
. Thursday: between 3 PM and 8 PM;
. Friday: between 3 PM and 8 PM;
. Saturday: Between 8 AM and Noon.
It should be noted that the summer study was conducted while the Jazz AspenSnowmass June
Festival was underway. Since the town typically has at least one event scheduled for every
weekend in the summer, the conditions studied were deemed to represent typical parking demand
in the area,
The same 1 O-block area around the site that was studied in winter was also studied in summer.
This consists of the block on which the site is located, the six surrounding blocks, and the three
blocks on the south side of Hallam Street. For the analysis, the number of parked vehicles on
each block face within this area was recorded hourly throughout each study period to provide an
assessment of the existing on-street occupancy,
6300 South Syracuse Way, Suite 600 Centennial, CO 80111 tel 303.721.1440 fax 303,721.0832
. .www.thueng.cominfo@fhueng.com
1....-
To the Board of County Commissioners, Pitkin County:
We regard Section 4-30-30 (g) (2) within Chapter 4 of the proposed Land Use Code
which is being voted on this evening to be a very clear restriction on religious
assemblies and institutions which might propose to build new houses of worship in
Pitkin County. The section in question restricts to 200 persons the main worship
space seating capacity for all future houses of worship outside the Aspen urban
growth boundaries. This places a substantial burden on religious assemblies and
institutions in Pitkin County.
We believe the section in question is a violation of the Religious Land Use and
lnstitutionalized Persons Act passed by Congress in 2000, a piece of Federal
IegisIation with which you are likeIy familiar. Pitkin County has not demonstrated
to religious assemblies and institutions of Pitkin County that the proposed
restriction on the seating capacity of houses of worship is necessary for the
"furtherance of a compelling governmental interest" and, even if there were a
demonstrated compelling government interest, that this is the "least restrictive
means" for furtherance ofthat compelling government interest.
We, therefore, request that that Section 4-3-30 (g) (2) be removed from the proposed
revision ofthe Land Use Code, as we regard it to be restrictive and to impose a
substantiaI burden on religious assemblies and institutions in Pitkin County.
Members of the Pitkin County Faith Community
Rev. Gregg Anderson, Aspen ChapeI
Pastor Dan Bosko, Crossroads Church of Aspen
Rev. Chuck Cram, Aspen Community Church
Rev. Bruce Gledhill, Church at Redstone
Rev. Bruce McNab, Christ Episcopal Church
Rabbi MendeI Mintz, Jewish Community Center Chabad Aspen
Tom Peckham, Unitarian Universalist Fellowship of Aspen
Pastor Matt Switzer, Messiah Lutheran Church
Rev. Randy Youngling, Snowmass Chapel
July 5, 2006
Mr. Alan Richman
Page 2
Results
Table 1 summarizes the results of the summer study and compares the demand to the winter
analysis. As the table indicates, within the study area the demand is three to six percent higher in
the summer than in the winter, but overall, between 80 and 85 percent of the on street parking
spaces are available. Figures 4 through 11 show the occupancy on the individual block faces in
the study area in both summer and winter. As the figures show, in either season only a handful of
blocks were over half full during any of the hours studied, and a block was completely full in only
one case (the south side of Hyman Street on Saturday morning between 8 and 9 AM),
Table 1.
On-Street Parking Usage within the Study Area
TimllPllriod
DayoUheWeek 3PM"4PM 4PM"5PM 5PM-$PM $\PM-'tPM ...7PM.SPM
Thursday 93 86 89 88 86
Friday 95 89 91 87 80
Wllllkday Average 94 88 90 88 83
Percent Occupancv 20% 18% 19% 18% 17%
Winter Study 70 75 75 66 65
Percent Occupancy 15% 16% 15% 14% 13%
SAM.9AM 9AM.10AM 10AM.11AM 11AM.12PM
Saturday 87 88 84 83
Percent Occupancy 18% 18% 17% 17%
Winter Study 59 62 63 64
Percent Occupancy 12% 13% 13% 13%
Conditions with the Project
It is anticipated that parking occupancy would be concentrated around the site as much as
possible, since people naturally park as close as possible to their destination. Therefore, it is likely
that the block faces nearest the Center's entrance (located on Main Street) would fill first, with
additional block faces filling as necessary until all vehicles are accommodated, Using this
principle, Center parking demand was assigned to the street system; Figures 14 and 15 show the
anticipated parking conditions during typical religious services (starting at 5 - 6 PM) in winter and
summer and Figures 16 and 17 show conditions during special events (starting at 7 - 8 PM) in
winter and summer.
As shown in Figures 14 and 15, during typical religious services in either season, nearly all Center
parking demand can be accommodated in the spaces on either side of 4th Street, with the
remaining Center patrons park along the other block faces adjacent to the site. Meanwhile, during
special events in either season, Center demand would fully occupy the four block faces nearest the
Center's entrance (both sides of 4th Street between Main and Hopkins and the north side of Main
Street between 5th and 3'd Streets), Some patrons would occupy both sides of 4th Street between
Main and Bleeker, both sides of Hopkins between 5th and 3'd, and the west side of 3rd between
Main and Hopkins, but the demand on these blocks is not anticipated to completely fill those
spaces, It is also worth noting that these special event conditions are anticipated only 8-10 times
per year and would only last for a few hours; thus the conditions presented in Figures 16 and 17
would occur infrequently,
July 5, 2006
Mr. Alan Richman
Page 3
Conclusions
Based on the above analysis, the parking demand in the summer is only slightly higher than in the
winter, and in either season over 80 percent of the on-street parking spaces within the study area
are unused. This available supply can easily accommodate the additional demand created by the
Aspen Jewish Community Center.
I trust the above information on summer parking conditions is sufficient for you to continue the
approval process for the project, If you have any questions or need further clarification, please
give me a call at (303) 721-1440,
-r:Olll FELSIlURU
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Figure 4
Existing Winter Weekday Parking Occupancy
5PM - 6PM
North
Aspen Jewish Community Center 04-037 6/27/06
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Figure 5
Existing Summer Weekday Parking Occupancy
5PM - 6PM
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Aspen Jewish Community Center 04-037 6/27/06
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Figure 6
Existing Winter Weekday Parking Occupancy
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Aspen Jewish Community Center 04-037 6/27/06
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Figure 7
Existing Summer Weekday Parking Occupancy
~ 7PM - 8PM
North
Aspen Jewish Community Cenler 04-037 6/27/06
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Figure 8
Existing Winter Saturday Parking Occupancy
8AM - 9AM
North
Aspen Jewish Community Center 04-037 6/27/06
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Figure 9
Existing Summer Saturday Parking Occupancy
lj\J 8AM - 9AM
North
Aspen Jewish Community Center 04-037 6/27/06
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Figure 11
Existing Summer Saturday Parking Occupancy
lj\J 11 AM - Noon
North
Aspen Jewish Community Center 04-037 6/27/06
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~
Figure 14
Winter - Parking Conditions During Religious Services
5PM - 6PM
North
Aspen Jewish Community Center 04-037 6/27/06
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XIX = Occupied SpaceslTotal Spaces
~
Figure 15
Summer - Parking Conditions During Religious Services
5PM - 6PM
North
Aspen Jewish Community Center 04-037 6/27/06
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XIX = Occupied Spaces/Total Spaces
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Figure 16
Winter - Parking During Special Events
7PM - 8PM
North
Aspen Jewish Community Center 04-037 6/27/06
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11III HOLT &
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2/10 ~
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Figure 17
Summer - Parking During Special Events
7PM - 8PM
Aspen Jewish Community Center 04.037 6/27/06
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May 10, 2006
Mr. Ben Gagnon
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
-:'. :"''i~D
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RE: ASPEN JEWISH COMMUNITY CENTER
MAY 1 0 2006
ASPEN
BUILDING DEPARTMENT
Dear Ben,
On April 5, representatives of the Aspen Jewish Community Center (JCC Aspen) met with
the Development Review Committee (DRC) to hear staff comments regarding our pending
land use application. One of the key issues that was discussed at the meeting was the
anticipated traffic and associated air quality impacts from the proposal. At the conclusion
of the meeting we agreed to provide the staff with a written summary of the additional
transportation demand management (TOM) techniques the applicant would be willing to
implement to reduce traffic and air quality impacts. The purpose of this letter is to
provide you with this summary.
TOM Commitments
Following are the transportation demand management techniques the applicant is
committed to implement:
1. JCC Aspen typically prints flyers that are sent to all persons on its mailing list when
it plans to hold a special event, such as a lecture, movie, or religious celebration.
For all events at the Center, JCC Aspen will print on each flyer that on-site parking
is not available, and attendees are strongly encouraged to car pool or take the
bus. JCC Aspen will also include this information on the periodic (monthly or
quarterly) newsletters that are sent out to all members of the organization.
It is pertinent to note that a Passover Seder was just celebrated at the site and
approximately 40 people attended. Most people came in family groups and only
2 of the attendees came to the Center by car.
2. JCC Aspen will require any person who rents the social hall to print on their
invitation that on-site. parking is not available and attendees are strongly
encouraged to car pool or take the bus.
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Ben Gagnon
May 10, 2006
Page Two
I would point out that the land use application (Page 6B) describes the types of
special events that are anticipated at the Center. Special events include a bar/bat
mitzvah, wedding, holiday dinner (such as Passover), the Jewish high holidays
(Rosh Hashanah), and an occasional film or lecture. Events would draw attendees
from both valley residents and visitors, but it is expected that most would be locals
or persons with second homes here. Past experience with Chabad events
indicates that many will car pool or use the bus.
As stated in the application, the applicant does not anticipate that there will be
widespread rental of the facility because of the kosher kitchen, which would
require any event to follow strictly kosher cooking practices. Therefore, the
application states that only 8-10 special events are anticipated per year. The
applicant considers this to be a commitment of this application. The City could
consider any proposal to increase the number of events beyond this number to
be an amendment of the application that would be processed according to the
City's applicable amendment procedures.
3. JCC Aspen has a web site (www.jccaspen.com) that provides information about
programs and facilities. The web site already provides information on how close
the property is to hotels and other major attractions in Aspen, and how to get to
the site by bus, walking, etc. These locational advantages are a primary reason
this site was chosen in the first place.
4. JCC Aspen will amend the site plan to provide locations for bicycle racks along the
front and rear entries to the building.
5. JCC Aspen will provide bus passes to all employees who do not live within walking
distance of the site. Employees will be encouraged not to drive to work from the
first day they are employed at the Center.
Other Ideas
You asked us to also inform you about other ideas JCC Aspen has considered relative
to traffic and parking. Following are some other ideas:
1. JCC Aspen has considered having a bus that picks up and drops off children for
the pre-school. JCC Aspen has an early childhood committee that discussed this
idea. Many of the committee members felt that since the Center is located in such
a central location, parents would not see the value of driving to a bus drop off
point rather than simply driving to the Center. JCC Aspen continues to consider
whether this option would work and is open to positive suggestions about how
such a bus drop off could be of benefit to the Center.
Ben Gagnon
May 10, 2006
Page Three
2. There is a group known as the Aspen Inter-Faith Association (AlA) which meets
periodically. It is composed of the leaders of religious groups in Aspen who
discuss issues common to their organizations. None of the churches in town have
any off-street parking and none have reported that parking is a problem for them.
The other leaders have pointed out that church-going is a family event, and many
people arrive in groups, rather than just one person per car. Most if not all who
attend are respectful of neighbors and do not violate any norms. The church
leaders find that maintaining a dialogue with their neighbors is important to
address problems when they arise and JCC Aspen plans to do the same.
3. You have asked how JCC Aspen will manage the drop off spaces at the Center,
to ensure there is no long term occupancy of the short term spaces. JCC Aspen
will assign a staff member to be present during the peak drop off time each
morning. The staff member's role will be to escort children as they arrive, so
parents do not have to get out of the car to take their children to the pre-school.
Finally, we would note that many of the routine programs that will occur in the new Center
have been ongoing at the site since shortly after the site was purchased 2 years ago.
These programs include prayer services, Hebrew school, mommy and me, and certain
holiday events (such as the Seder referred to above). Neighborhood concerns regarding
parking have not been reported from these activities. Therefore, we would suggest that
it may only be the few largest special events that will occur at the new Center that could
be of concern, and not the daily activities that make up the bulk of the Center's operation.
Our parking study demonstrates that there is more than adequate on-street parking
capacity in the surrounding area to accommodate these infrequent events.
We would ask that the existing programs be taken into account when the staff evaluates
the net increase in traffic and any associated air quality concerns from this project.
I believe the above responds to the questions which the City staff has raised. Please feel
free to contact us if there is anything else you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Al~
Alan Richman, AICP
Ex~;b"+
\t
MEMORANDUM
TO:
Ben Gagnon, Community Development
FROM:
Cindy Christensen, Operations Manager
DATE:
May 4, 2006
RE:
JEWISH COMMUNITY CENTER REDEVELOPMENT
Parcel ill No. 2735-124-81-001/2735-124-81-009
ISSUE: The applicant is proposing to redevelopment of the property where the L'Auberge lodge is
located into a Jewish Community Center.
BACKGROUND: The existing improvements to the property consist of 18 cabins and I single-
family residence. The applicant met with the Historic Preservation Committee in which they
decided it was critical to maintain three cabins in their location along Third Street and retain the "L"
shape of the cabins by keeping as many of the cabins as possible along the alley. The HPC
authorized the applicant to remove three of the original cabins from the site.
Under the Growth Management review for an Essential Public Facility, Section 26.470.040D.3.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 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.
The development is proposed to include three on-site cabins utilized as employee housing units -
two studios and one one-bedroom. The studios mitigate for 1.25 employees each and the one-
bedroom at 1.75 for a total of 4.25 FTE's being mitigated.
The Employee Generation Rate Schedule states that in the Public Zone, 3.9 employees are
generated per 1,000 square fee of net leasable space; however, each Essential Public Facility
proposal shall be evaluated for actual employee generation. The application states that there are to
be nine full-time employees of the Center broken down as follows:
. I Rabbi
. 6 to operate the pre-school (one includes the Rabbi's wife)
. I secretary
. I caretaker for the Community Center
There are also to be contract employees who assist the center. One is specifically to work one to
two hours per week to support the pre-school along with up to 4 camp counselors working on a
part-time basis for two to three months out of the year. According to Housing's calculation, this
would add .63 FIE's for a total of 9.63 FTE's. At 4.25 being mitigated, this would mitigate 44%
of the employees. There is nothing specific in the Code that requires a certain percentage to be
mitigated; however, other types of development require a 30% to 60% mitigation. If the 30% were
required for this proposal, a total of 2.9 FTE's would need to be mitigated. If the 60% were
required for this proposal, a total of 5.78 FTE's would need to be mitigated. The percentage being
mitigated is 44% (if the Rabbi and his wife were taken out of the equation since they currently own
employee housing, the percentage being mitigated would change to 56%).
The applicant agrees that the City may re-evaluate the employee generation for the Jewish
Community Center in the future to verifY the actual employee generation rate.
RECOMMENDATION: The Housing Board reviewed the application at their regular meeting on
May 3, 2006 and recommend approval with the following conditions:
I. The three cabins mitigate for 4.25 FTE's is acceptable to mitigate for the redevelopment of
this property under Essential Public Facility Code section.
2. At least two parking spaces shall be allocated and reserved for the employee-housing units
on site.
3. The three employee housing units shall be classified as Category 2 units.
4. The units will be deed-restricted as rental units but will allow for the units to become
ownership units at such time the owners would request this change and/or at such time the
APCHA deems the units out of compliance for a period of one year or more. At such time,
the units will be listed for sale with the Housing Office as specified in the deed restriction at
the Category 2 maximum sales price.
5. The deed-restriction shall be recorded at the time of recordation of the Condo Plat and prior
to Certificate of Occupancy.
6. APCHA or the applicant shall structure a deed restriction for the units such that 1/10'h of
I percent of the property is deed restricted in perpetuity to the Aspen/Pitkin County
2
Housing Authority; or until such time the units become ownership units; or the applicant
may propose any other means that the Housing Authority determines acceptable.
7. Due to the ability to have the employees live on-site, if such employee is employed by the
Community Center, the income and assets can be waived.
8. The applicant shall conduct an employee audit two years after issuance of the Certificate of
Occupancy for the development under the following terms:
a. The applicant shall retain an auditor and shall gain prior approval from the Housing
Office for the selection of the auditor.
b, The applicant shall be fully responsible for all fees associated with retaining an
auditor.
c. Should the audit show additional employees over the 9.63 FTE, the applicant shall
mitigate for those additional employees required under the Guidelines in effect at
the time of the audit - either by providing units or by providing a payment-in-lieu
fee.
3
Vile
MEMORANDUM
TO:
Mayor and Council
FROM:
Bentley Henderson
THRU:
Steve Barwick
DATE OF MEMO:
8-15-06
MEETING DATE:
8-28-06
RE:
Dean Street Vacation
SUMMARY: For your consideration is a request from Paul Taddune on behalf of the Lift One
Condominium Association for the vacation of a portion of Dean Street where it abuts the Lift
One and Timber Ridge condominium properties. This request represents one portion of a greater
vacation request that will be made when the Lodge at Aspen comes before you for development
consideration. As represented in the request letter submitted by Mr. Taddune, staff has
considered the request and recommends approval.
BACKGROUND: In late June staff was approached by Paul Taddune representing the Lift One
Condominium Association, with a request to vacate Dean Street where it abutted both his client's
property and that of the Timber Ridge Condominiums.
The east end of Dean Street, between South Aspen and Garmisch was partially vacated in 1969
as the result of a civil action. Consequently Dean Street, since 1969 has not been a through
street. The east end of the street has been landscaped by the lift one condominium owners, and
the west end of the right-of-way has been utilized by the Timber Ridge Condominium owners,
while still within the public domain, as parking.
Upon receipt of the request staff proceeded with the standard internal notification process. This
notification resulted in several concerns being raised which culminated in the convening of the
meeting as described in Mr. Taddune's letter. Staff further reviewed the request against a policy
that had been developed and deemed that the request met the standards necessary for vacation as
outlined in the policy.
DISCUSSION: As you will see from the attached letter and accompanying surveys, this is a two
part application, identified as vacation parcel A, and vacation parcel B. During our discussions
with the applicant staff expressed some reluctance in granting a right-of-way vacation adjacent to
a property for which a development application was forthcoming. It was at this point that the
applicant along with representatives of the Lodge at Aspen agreed to move forward with a two
part request structured such that the largest portion of the vacation coincided with the land use
application of the Lodge at Aspen.
As evidenced by the site plan, vacation parcel A merely "cleans up" the unique circumstance that
was residual to the original civil action which was actually a portion of the old Midland Railroad
right-of-way. It is staffs opinion that a more detailed analysis of vacation parcel B will be
necessary as the Lodge at Aspen pursues its development entitlements.
FINANCIAL IMPLICATIONS: None
ENVIRONMENTAL IMPLICATIONS: None
RECOMMENDATION: Staff recommends approval of the Dean Street Right-of-Way vacation
identified on the Proposed Dean Street Vacation survey done by Sopris Engineering dated
February 2006 further identified as vacation parcel A. Staff further recommends that the
applicant be required to provide to the City, for its review and approval, a revised vacation plat
identifying all parcels, and owners, with general easement rights reserved. At the City Council's
direction an additional condition could be defined that would preclude any development on the
property outside of surface non-covered parking facilities and or landscaping.
AL TERNA TIVES: Clearly, if the Council should choose, the entire right of way vacation issue
could be considered at the time of the Lodge at Aspen discussion. The desire to complete this
section is the fact that Lift One Condominiums have under review certain items and
improvements that they would like to affect, the vacation of this property being one of those
items.
PROPOSED MOTION: "I move to approve the First Reading of Ordinance #~:i;t vacating that
portion of Dean Street as described as vacation parcel A, on the Proposed Dean Street Vacation
Plat prepared by Sopris Engineering dated February 2006."
CITY MANAGER COMMENTS:
Attachments:
A - Letter (s) ofrequest
B - Vacation Plats
C - Evaluation Matrix
ORDINANCE NO. ~
(Series of 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
VACATE A PORTION OF DEAN STREET IN THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Lift One Condominium Association have petitioned the City of Aspen to
vacate a portion of Dean Street between E. Durant and Juan Streets between Block 4 and 6 in the
City of Aspen; and
WHEREAS, the right-of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the Right-of-Way Vacation Plat and legal description, appended hereto as
Exhibit A has been reviewed by the Community Development Department and City Engineer and
they have made a determination that the exhibit complies in all respects with the City's Public
Rights-of-ways Vacation Policies and the land proposed to be vacated is eligible for vacation
pursuant to said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That the portion of Dean Street between E. Durant and Juan Streets between Blocks 4 and
6 described and depicted on Exhibit A appended hereto and by this reference incorporated herein,
shall be, and the same hereby is vacated subject to the conditions set forth below.
Section 2.
That ownership and title to the lands so vacated shall vest as provided in and by Section
43-2-302, C.R.S.
Section 3.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder.
Section 4.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 5.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 6.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
2
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
A public hearing on the ordinance shall be held on the _ day of
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
,2006,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the day of , 2006,
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALL Y adopted, passed and approved this _ day of
,2006.
Helen Kalin Klanderud, Mayor
ATTEST:
JPW. saved: 8/22/2006-508-G:\iohn\word\ords\vacation-Dean Street.doc
3
LA W OFFICES OF
PAUL]. TADDUNE, P.e.
A
PAUL}. TADDUNE
AFFJUA TED OFFICE
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
TELEPHONE (970) 925-9190
TELEFAX (970) 925-9199
INTERNET: taddune@compuserve.com
FOWLER, SCHIMBERG & FLANAGAN, P.c.
1640 GRANT STREET, SUrrE 300
DENVER, COLORADO 80203
TELEPHONE (303) 298-8603
TELEFAX (303) 298-8748
WILLIA!\.I GUEST, OF COUNSEL
August 8, 2006
Bentley Hendersdn, Assistant City Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611-1975
Re: Vacation of Dean Street
Dear Bentley:
In follow up to our meeting on July 28, 2006, this letter is a supplement to my June
26 letter to the City Council requesting the vacation of Dean Street. That meeting was
attended by John Sarpa and Sunny Vann on behalf of Centurion Partners (i,e, "The Lodge
at Aspen"), Bart Johnson, attorney for Timber Ridge Condominiums, James Lindt, John
Worcester, Chris Bendon and you on behalf of the City, and myself and Seth Hmielowski
on behalf of Lift One.
At the July 28 meeting we discussed that the subject portion of Dean Street as it
abuts Lift One and Timber Ridge has never been utilized as a thoroughfare and that the
curved remnant of Dean Street adjacent to Lift One at one time was a part of the Midland
right-of-way, This portion of Dean Street has not been used as a thoroughfare at least since
1969, No improvements other than parking are intended for the vacated right-of-way,
Therefore, Lift One and Timber Ridge do not object to the City reserving easements for
underground utilities,
Mild concern was raised by Chris Bendon over access alternatives in connection
with The Lodge at Aspen until such time as that project is approved. These concerns do
not pertain to the smallunvacated triangle portion of Dean Street abutting the Lift One,
Therefore, the City staff will recommend that the vacation proceed in two stages, First, the
vacation of that triangular portion that abuts Lift One and then, at the appropriate time in
the context of The Lodge at Aspen application, vacate the remaining portion abutting
Timber Ridge. As requested by John Worcester, attached is a rough revised vacation map
until more fonnal revisions can be made by the surveyor. The vacation of
.
Bentley Henderson
August 8, 2006
Page 2
Dean Street abutting Lift One is identified as the "Vacation Property-A". Centurion
Partners will convey its portion of this parcel (i.e. Parcel 2) to Lift One and Lift One will
adjust the boundary between Lift One, Timber Ridge and Centurion Partners, The actual
line between Lift One and Timber Ridge is in the process of being agreed upon. Upon the
completion of the vacation of the remaining portion of Dean Street identified as "Vacation
Property-B," Centurion Partners will convey its interest in this parcel (i.e. Parcel A) to
Timber Ridge and the boundary lines between Timber Ridge and Centurion Partners will
be adjusted, As was seen at the meeting, what might be difficult to describe in a letter can
be easily understood by references to the vacation map as marked up by John Worcester.
I am providing ten copies of this letter, together with a check in the amount of
$300,00, and request that this matter be presented to the City Council at its August 28,
2006 meeting,
Thank you in advance for your attention to this matter and assistance thus far.
Very truly yours,
PAUL J. TADDUNE, P.e.
\
~ .
~
--.,
Paul J. Taddune
P1T:nwt
cc: John Sarpa
Arthur C. Daily, Esq.
J. Bart Johnson, Esq.
Larry Mages
C:\WpIPJTlLettersILift One.Ltr to Bentley Henderson.8.1.G6.wpd
LAW OFfICES OF
PAUL J. T ADDUNE, P.e.
PAUL]. TADDUNE
AFFILIATED OFFICE
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
TELEPHONE (970) 925-9190
TELEFAX (970) 925-9199
INTERNET: taddune@compuserve.com
FOWLER, SCHIMBERG & FLANAGAN, P.e.
1640 GRANT STREET, SUITE 300
DENVER, COLORADO 80203
TELEPHONE (303) 298-8603
TELEFAX (303) 298-8748
WILLIAl\.I GUEST, OF COUNSEL
June 26, 2006
Mayor Helen Klanderud and Members of the City COlillcil
City Hall, City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Lift One Condominiums - Dean Street Vacation
Dear Mayor Klanderud and Members of the City Council:
Please consider this letter as an application to vacate that portion of Dean Street, as
appears on the enclosed Dean Street Vacation Map prepared qy Sopris Engineering. This
application is submitted on behalf of my client, Lift One Condominium Association, lnc"
as well as Centurion Partners GS, LLC and Timber Ridge Corporation, the owners of all
adjacent properties. A boundary adjustment agreement has been tentatively agreed upon
and is being circulated that will result in the vacated portion accruing to the Timberline
Condominiums and the Lift One Condominiums as generally appears on the Exhibit which
is also attached, This will result in a portion of the vacated Dean Street remaining as
parking for Timber Ridge Condominiums, as used for many years, and the triangle portion
to become a part of Lift One Condominiums,
The unvacated portion of Dean Street has not been utilized for street purposes since
approximately 1969. The vacation of Dean Street as appears on the map is compatible
with existing uses and the proposed Centurion Partners project.
We would appreciate your prompt attention to this request. Please let us know if
any additional information is required.
Very truly yours,
~--
--.:>
Paul J, Taddune
P1T:nwt
cc: Lift One Condominium Association
John Worcester, Esq., Aspen City Attorney
James Lindt, Senior Planner
Chris Benden, Planning Office
City Engineer
Enclosures
Ci\'ip/P JT/Lellers/Lift One.LtT to Mayor and CouncilA.5.06
c.
CRITERIA FINDING RATIONALE
Circulation - The proposed Affinnative l. The adjoining land will not be left without access to a
vacation: public road. The property can be accessed from
I. should not cause a Gannisch.
potential problem 2. The request will not hinder area circulation, the
with regard to original right of way (ROW) was intended for vehicular
accessing property access, but the east end of Dean Street, between South
in the area; Aspen and Gannisch was partially vacated in 1969 as
2. should not hinder the result of a civil action. Consequently Dean Street,
area circulation or since 1969 has not been a through street. The east end
prevent service ofthe street has been landscaped by the lift one
vehicles; condominium owners, and the west end of the right-of-
3. should not hinder way has been utilized by the Timber Ridge
utility companies Condominium owners, while still within the public
domain, as parking.
from accessing
facilities or other 3. Through the internal review process it was
structures. detennined that there are no utilities in the area of the
vacation. Additionally general easement rights will be
reserved for the vacation in the event future utilities
may need to use the vacation area for future facilities.
Streets Maintenance - The Affinnative Refer to circulation rationale no. 2.
proposed vacation should
not create a possible
problem or street
maintenance or snow
removal operations.
Utilities - The proposed Affinnative Refer to circulation rationale no. 3.
vacation should not interfere
with existing or future utility
needs for the area.
Enforcement - The Affinnative Staff finds that the vacation will not create or compound
proposed vacation should issues as it relates to traffic control. Refer to circulation
not create or compound an rationale no. 2.
existing "issue" for traffic
control, City police or fire
department personnel. Through the internal review process, the City police and
fire department personnel detennined that the vacation
will not create or compound issues as it relates to their
departments.
CRITERIA FINDING RA TIONALE
Expansion - The proposed Affinnative Upon request, staff could provide language defining those
vacation should not provide uses that would be pennitted, (ie. open parking, carport
the opportunity for type covered parking).
expanding the floor area of
structures. Such expansion
may require Growth
Management approval?
(Vacated streets may not be
included in detennining
floor area ratios on a given
ownership, they may
however, be built on.)
Income space - Is the Affinnative Staff recommends that a condition be placed on the
encroaching space (vacated property precluding its use for any type of income
parcel) intended for generation.
commercial or other income
- producing space. If so, it
may require a rental
agreement with the City
Adopted plans - The Affinnative Staff finds that the proposed vacation is consistent with
proposed vacation should be adopted master plans.
consistent with an adopted
plan (ie trails, malls,
improvement district, etc.)
Benefit - The encroachment Neutral As a general policy, it is not in the City's interest to grant
or vacation should be vacations, thereby giving public property to private use.
beneficial to the City. However, the City has not used this ROW historically for
roadway, utility, or other purposes. Refer to circulation
rational no. 2 & 3. Additionally all affected utilities and
governmental agencies do not anticipate a reasonable
future need for the ROW. Refer to circulation rationale
no. 3.
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VI" a
MEMORANDUM
TO:
Mayor and City Council
FROM:
Phil Overeynder and Cynthia F. Covell
RE:
North Spruce Street Water Service Agreement (Warren
Lichtenstein)
DATE:
July 18,2006
Backf!round
The City is party to a 1997 water service agreement by which it provides treated water to
the North Spruce Street private water system. This system serves several homes on North
Spruce Street. The City does not own the system; it does not meet the City's standards and
portions of it are not located in public rights of way. Water is pumped up to the North Spruce
water main from the Williams Ranch pump station. The initial water service agreement
authorized the City to supply water for no more than 10.8 ECUs. The agreement was amended
several times to add additional homes on North Spruce Street, and the City has now agreed to
provide water for 25,6 ECUs,
After the original water service agreement was executed, the North Spruce Street
Association constructed the water main, and obtained the homeowners' agreement that the
Association would authorize any additional connections, and would seek recoupment of a portion
of its construction costs from new connections. We were given to understand that the North
Spruce Street Association was an association that included all of the homeowners. Any
additional connections would also require City approval and amendment of the water service
agreement.
The City Water Department subsequently learned that (I) the North Spruce Street
Association was a private, for-profit entity that did not include all of the homeowners; and (2) the
Williams Ranch pump station may be unable to safely accommodate any additional pumping to
the North Spruce water main. The Water Department advised North Spruce Street Association,
and the North Spruce Homeowners Association, and the Williams Ranch and Silverlode
Homeowners Associations (which own and use the pump station), that the water department
would not recommend to City Council any further amendments ofthe Water Service Agreement
I
until it could be shown that the pump station could safely deliver any additional amounts of
water requested.
Mr. Lichtenstein's Request.
Mr. Lichtenstein owns 777 Spruce Street, a property authorized to receive 3.0 ECUs
pursuant to the original 1997 water service agreement. He is building an new home and wishes
to increase his water demand to 5.5 ECUs. This requires amendment ofthe Water Service
Agreement. He has also drilled a well on the property, but it is not in use. Ifhe is unable to
secure an amendment to the Water Service Agreement, he plans to disconnect from the North
Spruce water main, and use the well to provide water service to the property.
Thus the Water Service Agreement must be aIpended either (l) to authorize the additional
2.5 ECUs Mr. Lichtenstein requests, or (2) to authorize disconnection of 777 Spruce Street from
the private water system, and from municipal service.
Mr. Lichtenstein has provided engineering reports from Resource Engineering Inc. dated
January 28,2006 and February 10,2006, which conclude that the pump station can adequately
accommodate the additional 2,5 EeUs Mr. Lichtenstein requests, with certain upgrades to the
pumps. Mr. Lichtenstein contributed to the cost of the pump station upgrades, and those
upgrades are scheduled to be completed by mid-August. The North Spruce Street Association,
North Spruce Homeowners Association, and the Williams Ranch and Silver Lode Homeowners
Association have consented to an additional 2.5 ECUs for this property. Therefore, the Water
Department's prerequisites have been met.
Recommendation. The Water Department recommends that the water service agreement be
amended to include the additional 2.5 ECUs requested by Mr. Lichtenstein, with the City's
obligation to provide this additional service expressly contingent upon the following:
(I) Proof of abandonment of the well in accordance with all State requirements;
(2) Completion ofthe pump station upgrades described in the Resource Engineering
report; and
(3) Payment of all required tap fees, well system development fees, payments in lieu
of water rights, and utility hook-up charges.
A proposed Fourth Amendment to Water Service Agreement is attached, together with a form of
ordinance.
2
ORDINANCE NO. ....'=1~
Series of 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A FOURTH AMENDMENT TO THE WATER SERVICE AGREEMENT WITH
DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH AND
DONNA M. TIMROTH, AS AMENDED BY THE FIRST, SECOND AND THIRD
AMENDMENTS THERETO, FOR PROVISION OF TREATED WATER SERVICE TO A
PRIVATE WATER SYSTEM, TO AUTHORIZE THE CITY TO PROVIDE AN ADDITIONAL
2.5 ECUS TO 777 NORTH SPRUCE STREET.
WHEREAS, City Council approved ordinance No. 41, Series of 1997, which authorizes
a Water Service Agreement whereby City treated water service was extended to a private water
system to serve properties on North Spruce Street then owned by Dr. Richard C, Phillips,
Raymond N. Auger, Albert G, Timroth and Donna M. Timroth, and City Council approved
amendments to the Water Service Agreement pursuant to Ordinance No. 27, Series of 1998,
Ordinance No.8, Series of 1999, and Ordinance No. 32, Series of 2000, to allow the private
water system to serve additional specified properties on North Spruce Street; and
WHEREAS, the persons whose lots have been approved for service pursuant to the Water
Service Agreement and its Amendments are referred to the Owners; and
WHEREAS, the North Spruce Street Association is authorized to act on behalf of the
Owners; and
WHEREAS, Warren Lichtenstein, owner of 777 North Spruce Street, a property served
pursuant to the Water Service Agreement for a maximum of3.0 ECUS, has requested 2.5 ECUs
of additional water service to said property, for a total of 5. 5 ECUs; and
WHEREAS, Mr. Lichtenstein and the North Spruce Street Association have requested that
the Water Service Agreement be amended a fourth time to permit service to an additional 2.5
ECUs for 777 North Spruce Street; and
WHEREAS, the City Council has had an opportunity to review with City staff the
proposed additional service of 2. 5 ECU s to provide a total of 5.5 ECU s to 777 North Spruce
Street,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section l.
The City Council of the City of Aspen hereby determines that the proposed
provision of City water to an additional 2.5 ECU s to serve 777 North Spruce Street, which is
already served by the North Spruce Street private water system, is in the best interest of the City
and the City Council therefore agrees to allow additional City water service to the North Spruce
Street private water system to serve an additional 2.5 ECUs at 777 North Spruce Street on the
terms and conditions set forth in the Fourth Amendment to Water Service Agreement attached
hereto and incorporated herein by reference.
Section 2.
This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of 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 the ordinance shall be held on the
day
of
, 2006, 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 _ day of
,2006.
Mayor
Attest:
City Clerk
FINALLY ADOPTED, PASSED AND APPROVED THIS
,2006.
DAY OF
Mayor
Attest:
City Clerk
F:\Client Files\Aspen\North Spruce WSA\ordinance re fourth amend. wpd
FOURTH AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT
This Fourth Amendment is made , 2006, in Aspen, Colorado, to that certain
Water Service Agreement dated December 15,1997, as amended by the First, Second and Third
Amendments thereto. The parties to this Fourth Amendment are the City of Aspen, a Colorado
municipal corporation and home rule city, whose address is 130 South Galena Street, Aspen, CO,
81611 ("City"), the North Spruce Street Association, whose address is clo Camilla Auger, 225
North Mill Street, Suite 208, Aspen, CO 81611, and which is authorized to act on behalf those
persons identified as "Owners" in the Water Service Agreement and the Amendments thereto,
and Warren Lichtenstein ("Lichtenstein"), whose address is 777 North Spruce Street, Aspen, CO
81611.
In consideration of the mutual promises and covenants set forth below, the parties agree
as follows:
I. The above-described Water Service Agreement and Amendments were recorded
with the Pitkin County Recorder as follows:
Name of Agreement Date Recorded Reception Number
Water Service Agreement 05/27/1998 417351
First Amendment and 03/08/1999 428533
Pretapping Agreement
Second Amendment 06/3012000 444698
Third Amendment 1111312000 448746
The Water Service Agreement and all amendments are herein collectively referred to as
the "North Spruce Street Water Service Agreement."
2, The North Spruce Street Water Service Agreement set forth the terms and
conditions under which the City agreed to provide municipal water service to a private water
system to be constructed, operated, owned, maintained, repaired and replaced by the Owners and
their successors. The Pretapping Agreement authorized certain connections of individual service
lines to the water main in advance of connection of the service lines to residential structures.
3. Paragraph 11 of the original Water Service Agreement provides that others may
connect to the private water system upon amendment of the North Spruce Street Water Service
Agreement and payment by such parties of any recoupment charges imposed by Owners in
addition to tap fees and other payments required to be made to the City pursuant to the North
Spruce Street Water Service Agreement. Paragraph 8 ofthe First Amendment authorizes the
North Spruce Street Association to approve any additional connections to the private water
system. The Second and Third amendments authorized connection of certain additional parcels
to the private water system.
4. Lichtenstein is the owner of the property located at 777 North Spruce Street (the
"Subject Property.") The Subject Property was included in the original Water Service
Agreement, and 3.0 ECUs were authorized for service to the Subject Property.
5. Lichtenstein has requested and obtained permission from the North Spruce Street
Association to add to 2.5 ECUs to the service presently provided to the Subject Property so that a
total of 5.5 ECUs may be served by the private water system. In addition, Lichtenstein has
provided to the City engineering reports from Resource Engineering, Inc. dated January 28, 2006
and February 10, 2006, which state that, with certain pump upgrades, such service can be safely
provided by the Williams Ranch Pump Station, and has obtained consent of the Silverlode
Homeowners Association (which owns the Williams Ranch Booster Pump Station) and the North
Spruce Homeowners Association, to this increased service. Lichtenstein has also agreed to pay
to the City any increased tap fee, well system development fee, and payment in lieu of water
rights and utility connection charges required by the City in order to add the additional 2.5 ECUs.
6. Lichtenstein, by executing this Amendment, confirms, on behalf of himself, his
heirs, successors and assigns, that he is bound as the Owner of the Subject Property to all of the
terms and conditions of the North Spruce Street Water Service agreement.
7. The North Spruce Street Association and the City hereby agree that water service
to an additional 2.5 ECUs will be provided to the Subject Property pursuant to the North Spruce
Street Water Service Agreement, for a total commitment to the Subject Property of5.5 ECUs,
and that Lichtenstein, his heirs, successors and assigns as Owner of the Subject Property, will
continue to be subject to, and benefit from, all of the terms, conditions, benefits and burdens of
the North Spruce Street Water Service Agreement, provided, however, that the City's obligation
to provide additional water service to the Subject Property hereunder is expressly conditioned
upon satisfaction of the following conditions prior to issuance of a Utility Connection Permit for
said additional service:
(l) Proof of abandonment of the well located on the Subject Property in accordance
with all applicable State laws, rules and regulations;
(2) Proof that the pump station upgrades to the Williams Ranch Pump Station, as
recommended in the Report of Resource engineering dated , have been
completed; and
(3) Payment to the City of all required tap fees, well system development fees,
payments in lieu of water rights, and utility connection charges.
8. The City agrees that, as a result ofthis Amendment, it will provide additional
treated water to the private water system in an amount not to exceed 2.5 ECUs (in addition to the
3.0 ECUs already provided by the City for the Subject Property), or a maximum increase of 1.06
acre-feet per year. The amount of water to be provided to the private water system pursuant to
paragraph 1 of the original North Spruce Street Water Service Agreement is therefore an amount
of water sufficient to serve 28.1 ECUs with a maximum total of 11.06 acre-feet of water per
year.
9. Lichtenstein's address for purposes of paragraph 29 of the original Water Service
Agreement is
Warren Lichtenstein
777 North Spruce Street
Aspen, CO 81611.
Said address may be changed as provided in the North Spruce Street Water Service
Agreement.
10. This Fourth Amendment shall be recorded at the expense of the North Spruce
Street Association, and along with the North Spruce Street Water Service agreement, shall
constitute covenants running with the land.
II. Except as herein specifically amended, the North Spruce Street Water Service
Agreement remains in full force and effect.
Dated:
CITY OF ASPEN
ATTEST:
Mayor
City Clerk
NORTH SPRUCE STREET ASSOCIATION
By
Title:
Warren Lichtenstein
Mayor Klanderud and City Council
Chris Bendon, Community Development Director ~
James Lindt, Senior Planner -:::S-k
TO:
TURU:
FROM:
RE:
MEMORANDUM
VI" b
Second Reading of Ordinance No. 28, Series of 2006, Lift One Condominiums
Consolidated Conceptual/Final PUD- Continued Public Hearinl!:
DATE:
August 28, 2006
ApPLICANT IOWNER:
Lift One Condominium Association,
Inc.
REPRESENTATIVE:
Law Offices of Paul Taddune
LOCATION:
131 E. Durant Avenue
CURRENT ZONING:
Lodge Zone District.
PROPOSED LAND USE REQUESTS:
A consolidated conceptual/final PUD
has been requested for the
construction of parapet walls and
pitched roof elements,
SUMMARY:
The Applicant requests the ability to
construct new architectural roof
features and parapet walls to improve
the aesthetics of the building.
Photo Above: Lift One Condominium Building.
STAFF RECOMMENDATION:
Staff was somewhat split on our recommendation
related to the consolidated conceptuallfinal PUD
request. Several members of the planning staff
support the Applicant's efforts to improve the
aesthetics of the aging building, while other
members of the staff question the appropriateness of
allowing a PUD to further vary the allowable
dimensional requirements of an already non-
conformin buildin to rolong the existence.
REVIEW PROCEDURE:
City Council may approve, approve with conditions, or deny a consolidated conceptuallfinal
PUD application after considering a recommendation from the Planning and Zoning
Commission pursuant to Land Use Code Section 26.445, Planned Unit Development,
LAND USE REQUESTS:
The Applicant has requested the following land use action to construct parapet and pitched
roof elements on the existing Lift One Condominium Building:
. Consolidated Conceptual/Final PUD,
PROJECT SUMMARY:
The Applicant, Lift One Condominium Association Inc, has requested a consolidated
conceptual/final PUD to construct gable and parapet roof improvements on certain flat roof
elements that exist on the Lift One Condominiums. The existing building exceeds the height
limit for multi-family residential buildings of twenty-eight (28) feet in the underlying Lodge
(L) Zone District. Therefore, a PUD,is required because portions of the proposed gable roof
elements will exceed the already non-conforming height of the existing building,
SUMMA'RY OF LAST MEETING:
At the last meeting, City Council considered a presentation of the proposal from the
Applicant and a discussion of the issues from Staff. Council also heard public comments and
provided comments on the proposal. The majority of City Council expressed concerns about
the need to increase the height of the building to make it more aesthetically pleasing. Several
members of Council indicated that maybe the building could be retrofitted with a veneer
without changing the flat roof to improve the appearance of the structure much like the
nearby Southpoint Condominiums have done. Near the conclusion of the hearing, the
Applicant recommended that a site visit was warranted so that City Council could get a better
idea of what the real impacts of the proposed changes will be on the neighborhood. City
Council agreed to continue the hearing and conduct a site visit. City Council conducted a
publicly noticed site visit on August 7th. At the site visit, the Applicant provided height
poles to show the impact of the proposed pitched roof elements.
COUNCIL QUESTIONS:
In response to a question posed by City Council, Staff did some further research as to
whether the building was originally built as a conforming structure. Staff found out that the
height limit was twenty-five (25) feet in the AR-I Zone District in which the property was
located at the time that the existing structure was built. However, the method of calculating
building height was significantly different than it is today. At the time the structure was
built, the height of a building was measured from the average street grade adjacent to the
building. The average street grade of South Aspen Street adjacent to the Lift One property
(which is significantly higher than the parking lot grade), was likely used to measure the
building height. Therefore, based on the building height calculation methodology in effect at
the time the building was built, the structure was likely conforming when it was built.
Subsequently, when the City changed the building height calculation methodology the
building became legally non-conforming.
STAFF COMMENTS:
Consolidated Concevtual/Final PUD:
As was discussed at the last meeting, Staff was somewhat split on our opinions as to whether
there is a public benefit to improving the aesthetics of a condominium building that is already
non-conforming related to its dimensional requirements, Some members of Staff feel that
there is public benefit to allowing for a condominium building to be retrofitted with an
updated, modernized look to provide a more visually interesting building, Others on Staff
believe that there is no public benefit in allowing for an already non-conforming free-market
residential building to modernize and prolong its lifespan.
2
Staff has further refined the proposed ordinance to be more specific as to what would be
approved if City Council were to approve the proposed consolidated conceptual/final PUD
request. Staff has revised the ordinance to reference the roof plan that is attached hereto as
Exhibit "E". This roof plan more clearly identifies the ridge heights being proposed on the
gable roofs and would make it easier for Staff to enforce that the height that is proposed,
actually is the height that would get built.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommended that City Council approve the
requested consolidated conceptual/final PUD with the conditions contained in the proposed
ordinance. The majority of the Commissioners indicated that they feel the aesthetic
improvements proposed are a community benefit and that the improvements will not have a
significant impact on the scale of the building. The Commissioner that cast the lone
dissenting vote expressed that he did so because he was concerned that allowing for the
height increase of the already non-conforming building might serve as a precedent for other
development applications and that there may be ways to improve the aesthetics without
requiring an increase in the height as measured by the land use code.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION (ALL MOTIONS ARE MADE IN THE AFFIRMATIVE):
"1 move to approve Ordinance No. 28, Series of 2006, approving with conditions, a
consolidated conceptual/final PUD to construct gable roof and chimney improvements on
the Lift One Condominiums, 131 E. Durant Avenue, City and Townsite of Aspen."
A TT ACHMENTS:
Exhibit A -- Review Criteria and Staff Findings
Exhibit B -- Application (attached in first reading packet)
Exhibit C -- Existing Elevations (attached in first reading packet)
Exhibit D -- Planning and Zoning Commission Minutes (attached in second reading packet)
Exhibit E -- Roof Plan and Refined Elevation Drawings
3
ORDINANCE NO. 28
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED CONCEPTUALIFINAL PUD TO ALLOW FOR THE LlFf
ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF
IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a consolidated conceptuallfinal PUD application to construct gable
roof and chimney improvements to the Li ft One Condominiums, 131 E. Durant A venue,
City and Townsite of Aspen; and,
WHEREAS, the Applicant requested that the Community Development Director
consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26.
445,030(8)(2), Consolidated Conceptual and Final Review; and,
WHEREAS, the Community Development Director granted consent for the
Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land
Use Code Section 26. 445.030(8)(2), Consolidated Conceptual and Final Review, finding
that the application has a limited scope of issues; and,
WHEREAS, a consolidated conceptual/final PUD requires review by City Council
after considering a recommendation from the Community Development Director and the
Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit
Development; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 21, Series of2006, by a four to one (4-
1) vote, recommending that City Council approve a consolidated conceptual/final PUD to
construct gable roof and chimney improvements to the Lift One Condominiums, City and
Townsite of Aspen; and,
WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen
City Council reviewed the proposed consolidated PUD and continued the review to
August 28, 2006; and,
WHEREAS, a publicly noticed site visit was conducted by City Council on August
7,2006; and,
WHEREAS, during a continued public hearing on August 28, 2006, the Aspen
City Council approved Ordinance No. 28, Series of 2006, by a _ to _ L---.J
vote, approving with conditions, a consolidated conceptual/final PUD to construct gable
roof and chimney improvements to the Lift One Condominiums, 131 E. Durant A venue,
City and Townsite of Aspen; 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 a consolidated conceptuallfinal PUD to construct
gable roof and chimney improvements to the Lift One Condominiums, subject to the
conditions contained herein.
Section 2: Final PUD Plans
A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office
within 180 days of the final approval and shall include the following:
A. A drawing representing the project's architectural character.
Section 3: PUD Approvals
The approvals granted herein are explicitly to allow for the roof and chimney
improvements proposed on the roof plan and elevation drawings attached as Exhibit "E"
to the Staff Memorandum dated August 28, 2006. These drawings are dated July 19,
2006. The building height as shown on the above referenced elevation drawings is
legalized through this PUD, but all other non-conforming dimensional requirements shall
remain non-conforming and are not legalized through the approval of this PUD. The
chimneys shall only be permitted to extend up to three (3) feet above the height of the
existing chimneys.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section S:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6:
A public hearing on this ordinance was held on the 24th day of July, 2006, 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 26th day of June, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of _ to _L-~, this 28 day of
August, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
EXHIBIT "A"
PLANNED UNIT DEVELOPMENT (PUD)
REVIEW CRITERIA & STAFF FINDINGS
In accordance with Section 26.445.050 of the Land Use Code, an application requesting
conceptual PUD approval requires that the following review standards be met.
A. General Requirements.
1. The proposed development shall be consistent with the Aspen Area Community
Plan.
Staff Finding
Staff feels that the proposal to add gable roof elements to the Lift One Condominiums is
consistent with several of the goals and objectives of the AACP. First, the proposed gable
roof elements improve the complex's design quality as is encourage in the "design quality"
section of the AACP. Second, Staff feels that the plan to modernize the existing building is
consistent with the AACP's action plan objective of supporting the restoration of existing
buildings. However, there were some on Staff that feel that there is no public benefit to
modernizing and prolonging the lifespan of a building that is non-conforming. Staff could
not reach a consensus on finding this criterion to be met.
2. The proposed development shall be consistent with the character of existing
land uses in the surrounding area.
Staff Finding
The proposed PUD request does not alter the use of the existing building and the existing use
of residential units, many of which are rented on a short-term basis, is consistent with the
land uses in the immediate vicinity, Staff finds this criterion to be met.
3. The proposed development shall not adversely affect the future development of
the surrounding area.
Staff Finding
Staff does not believe that the proposed request will adversely affect the future development
of the surrounding properties. Therefore, Staff finds this criterion to be met.
4. The proposed development has either been granted GMQS allotments, is
exempt from GMQS, or GMQS allotments are available to accommodate the proposed
development and will be considered prior to, or in combination with, final PUD
development plan review.
Staff Finding
The proposed PUD request to provide the roofline changes do not increase the free-market
residential FAR of the structure or number of free-market residential units and is exempt
from GMQS. Staff finds this criterion not to be applicable to this PUD request.
B. Establishment of Dimensional Requirements:
The final PUD development plans shall establish the dimensional requirements for all
properties within the PUD. The dimensional requirements of the underlying zone
district shall be used as a guide in determining the appropriate dimensions for the
4
PUD. During review of the proposed dimensional requirements, compatibility with
surrounding land uses and existing development patterns shall be emphasized.
1. The proposed dimensional requirements for the subject property are appropriate and
compatible with the following influences on the property:
a) The character of, and compatibility with, existing and expected future land
uses in the surrounding area.
b) Natural and man-made hazards.
c) Existing natural characteristics of the property and surrounding area such
as steep slopes, waterways, shade, and significant vegetation and
landforms.
d) Existing and proposed man-made characteristics of the property and the
surrounding area such as noise, traffic, transit, pedestrian circulation,
parking, and historical resources.
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity. Staff could not reach a consensus on finding this
criterion to be met.
2. The proposed dimensional requirements permit a scale, massing, and quantity of open
space and site coverage appropriate and favorable to the character of the proposed
PUD and of the surrounding area.
Staff Finding
The only dimensional requirement that is being altered by the proposed PUD is the allowable
height of the building. The building is already over the permitted height limit in the zone
district and the roofline changes to the proposed building only cause a minor change in the
height of the building as is measured by the City Land Use Code's building height
methodology. Some members of the Planning Staff believe that the proposed gable roof
elements are a positive change to the design of the building and the new height limit is
consistent with many of the multi-family and lodging structures at the base of Aspen
Mountain in the immediate neighborhood.
Once again, there is also a contingent on the Staff that feels that it is not appropriate to allow
for a non-conforming building to prolong it's lifespan through modernizing the exterior look
if the modernization increases the extent to which it is not consistent with the dimensional
5
requirements of the zone district in which it is located. That said, the Staff feels that the
chimney structures are somewhat overbearing and are not consistent with the character of
structures in the immediate vicinity, Staff could not reach a consensus on finding this
criterion to be met.
3. The appropriate number of off-street parking spaces shall be established based on
the following considerations:
a) The probable number of cars used by those using the proposed development
including any non-residential land uses.
b) The varying time periods of use, whenever joint use of common parking is
proposed
c) The availability of public transit and other transportation facilities,
including those for pedestrian access and/or the commitment to utilize
automobile disincentive techniques in the proposed development.
d) The proximity of the proposed development to the commercial core and
general activity centers in the city.
Staff Finding
The proposed PUD request does not alter the number of off-street parking spaces. Staff finds
this criterion not to be applicable to this request.
4. The maximum allowable density within a PUD may be reduced if there exists
insufficient infrastructure capabilities. Specifically, the maximum density of a
PUD may be reduced if:
a) There is not sufficient water pressure, drainage capabilities, or other
utilities to service the proposed development.
b) There are not adequate roads to ensure fire protection, snow removal, and
road maintenance to the proposed development.
Staff Finding
The Applicant is not requesting to reduce the density of the project, Staff finds this criterion
not to be applicable to this request.
5. The maximum allowable density within a PUD may be reduced if there exists
natural hazards or critical natural site features. Specifically, the maximum
density of a PUD may be reduced if:
a) The land is not suitable for the proposed development because of ground
instability or the possibility of mudflow, rock falls or avalanche dangers.
b) The effects of the proposed development are detrimental to the natural
watershed, due to runoff, drainage, soil erosion, and consequent water
pollution.
c) The proposed development will have a pernicious effect on air quality in the
surrounding area and the City.
d) The design and location of any proposed structure, road, driveway, or trail
in the proposed development is not compatible with the terrain or causes
harmful disturbance to critical natural features of the site.
6
Staff Finding
The Applicant is not requesting to reduce the density of the project. Staff finds this criterion
not to be applicable to this request.
6. The maximum allowable density within a PUD may be increased if there exists a
significant community goal to be achieved through such increase and the
development pattern is compatible with its surrounding development patterns and
with the site's physical constraints. Specifically, the maximum density of a PUD
may be increased if:
a) The increase in density serves one or more goals of the community as
expressed in the Aspen Area Community Plan (AACP) or a specific area
plan to which the property is subject.
b) The site's physical capabilities can accommodate additional density and
there exists no negative physical characteristics of the site, as identified in
subparagraphs 4 and 5, above, those areas can be avoided, or those
characteristics mitigated.
c) The increase in maximum density results in a development pattern
compatible with, and complimentary to, the surrounding existing and
expected development pattern, land uses, and characteristics.
Staff Finding
The Applicants are not requesting to increase the allowable density through the proposed
PUD. Staff finds this criterion not to be applicable to this request.
B. Site Design:
The purpose of this standard is to ensure the PUD enhances public spaces, is
complimentary to the site's natural and man-made features and the adjacent
public spaces, and ensures the public's health and safety. The proposed
development shall comply with the following:
1. Existing natural or man-made features of the site which are unique, provide
visual interest or a specific reference to the past, or contribute to the identity of
the town are preserved or enhanced in an appropriate manner.
Staff Finding
The proposed PUD request does not alter natural features on the site, Staff does believe that
the proposed roof elements, with the exception of the chimney elements, will increase the
visual interest of the building, which is the primary man-made feature on the site. Staff finds
this criterion to be met if the chimney elements are reduced in size or removed.
2. Structures have been clustered to appropriately preserve significant open spaces
and vistas.
Staff Finding
There is only one building on the parcel and it is an existing building. The siting of the
building is not being altered by the proposed PUD request. Staff finds this criterion not to be
applicable to this request.
7
3. Structures are appropriately oriented to public streets, contribute to the urban or
rural context where appropriate, and provide visual interest and engagement of
vehicular and pedestrian movement.
Staff Finding
The proposal is not altering the orientation of the building. However, Staff does believe that
the proposed roof alterations with improve the visual interest of the structure. Staff finds this
criterion to be met.
4. Buildings and access ways are appropriately arranged to allow emergency and
service vehicle access.
Staff Finding
The proposed PUD does not alter the emergency access ways to the building. Staff finds this
criterion not to be applicable to the request.
5. Adequate pedestrian and handicapped access is provided.
Staff Finding
The proposed PUD does not alter the handicapped access to the building. Staff finds this
criterion not to be applicable to the request.
6. Site drainage is accommodated for the proposed development in a practical and
reasonable manner and shall not negatively impact surrounding properties.
Staff Finding
Staff believes that the proposal does not provide an increase in the amount of impervious
land on the development parcels. That said, the Applicant is required to submit a site
drainage plan that has been designed in a manner that ensures that historic drainage rates will
not be increased as a result of the proposed PUD. A professionally licensed engineer shall
design this drainage plan and will be required prior to submittal for a building permit. Staff
finds this criterion to be met.
7. For non-residential land uses, spaces between buildings are appropriately de-
signed to accommodate any programmatic functions associated with the use.
Staff Finding
The proposed PUD does not alter the programmatic spaces between the existing buildings.
Therefore, Staff finds this criterion not to be applicable to this request.
C. Landscape Plan:
The purpose of this standard is to ensure compatibility of the proposed landscape
with the visual character of the city, with surrounding parcels, and with existing
and proposed features of the subject property. The proposed development shall
comply with the following:
1. The landscape plan exhibits a well designed treatment of exterior spaces,
preserving existing significant vegetation, and provides an ample quantity and
variety of ornamental plant species suitable for the Aspen area climate.
8
2. Significant existing natural and man-made site features, which provide
uniqueness and interest in the landscape, are preserved or enhanced in an
appropriate manner.
3. The proposed method of protecting existing vegetation and other landscape
features is appropriate.
Staff Finding
The proposed PUD does not alter any landscaping on the site. Staff finds these criteria not to
be applicable to this PUD request.
D. Architectural Character:
It is the purpose of this standard to encourage architectural interest, variety,
character, and visual identity in the proposed development and within the City
while promoting efficient use of resources. Architectural character is based upon
the suitability of a building for its purposes, legibility of the building's use, the
building's proposed massing, proportion, scale, orientation to public spaces and
other buildings, use of materials, and other attributes which may significantly
represent the character of the proposed development. There shall be approved as
part of the final development plan and architectural character plan, which
adequately depicts the character of the proposed development. The proposed
architecture of the development shall:
1. be compatible with or enhance the visual character of the city, appropriately
relate to existing and proposed architecture of the property, represent a
character suitable for, and indicative of, the intended use, and respect the scale
and massing of nearby historical and cultural resources.
Staff Finding
Please see Staffs comments related to the proposed massing in the response to PUD Review
Standard 8(2) above.
2. Incorporate, to the extent practical, natural heating and cooling by taking
advantage of the property's solar access, shade, and vegetation and by use of
non- or less-intensive mechanical systems.
Staff Finding
The proposed PUD does not alter the building's ability to use natural heating and cooling
systems. Staff finds this criterion not to be applicable to this request.
3. Accommodate the storage and shielding of snow, ice, and water in a safe an
appropriate manner that does not require significant maintenance.
Staff Finding
The Applicants have proposed appropriate shielding of snow, ice, and water from the
entrances by providing canopies with snow guards over the entranceways. Staff finds this
criterion to be met.
E. Lighting:
The purpose of this standard is to ensure the exterior of the development will be
lighted in an appropriate manner considering both public safety and general
aesthetic concerns. The following standards shall be accomplished:
9
1. All lighting is proposed so as to prevent direct glare or hazardous interference
of any king to adjoining streets or lands. Lighting of site features, structures,
and access ways is proposed in an appropriate manner.
Staff Finding
The Applicant is required to, and has consented to meet the City of Aspen Lighting Code for
any exterior lighting that is proposed. Therefore, the proposed development will be lighted
in a manner that will not provide direct glare on adjoining streets or property. The Applicant
will be required to submit a detailed exterior lighting plan to the City Zoning Officer prior to
building permit issuance. Staff believes that the Applicant's required compliance with the
City Lighting Code ensures that the development will be lighted in an appropriate manner.
Staff finds this criterion to be met.
2. All exterior lighting shall be in compliance with the Outdoor Lighting
Standards unless otherwise approved and noted in the final PUD documents.
Up-lighting of site features, buildings, landscape elements, and lighting to call
inordinate attention to the property is prohibited for residential development.
Staff Finding
The Applicant has committed to meet the City of Aspen Lighting Code on the building. Staff
finds this criterion to be met.
G. Common Park, Open Space, or Recreation Area:
If the proposed development includes a common park, open space, or recreation
area for the mutual benefit of all development in the proposed PUD, the following
criteria shall be met:
1. The proposed amount, location, and design of the common park, open space, or
recreation area enhances the character of the proposed development,
considering existing and proposed structures and natural landscape features of
the property, provides visual relief to the property's built form, and is available
to the mutual benefit of the various land uses and property users of the PUD.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
2. A proportionate, undivided interest in all common park and recreation areas is
deeded in perpetuity (not for a number of years) to each lot or dwelling unit
owner within the PUD or ownership is proposed in a similar manner.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
3. There is proposed an adequate assurance through legal instrument for the
permanent care and maintenance of open spaces, recreation areas, and shared
facilities together with a deed restriction against future residential, commercial,
or industrial development.
Staff Finding
The Applicant is not proposing to alter any common park or open space on the site. Staff
finds this criterion not to be applicable to this request.
10
H. Utilities and Public Facilities:
The purpose of this standard is to ensure the development does not impose any
undue burden on the City's infrastructure capabilities and that the public does not
incur an unjustified financial burden. The proposed utilities and public facilities
associated with the development shall comply with the following:
1. Adequate public infrastructure facilities exist to accommodate the development.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
2. Adverse impacts on public infrastructure by the development will be mitigated
by the necessary improvements at the sole cost of the developer.
Staff Finding
Staff believes that the proposed PUD request does not impose undue burden on the City's
infrastructure capabilities. Staff finds this criterion not to be applicable to this PUD request.
3. Oversized utilities, public facilities, or site improvements are provided
appropriately and where the developer is reimbursed proportionately for the
addiuonalimprovement
Staff Finding
The Applicant is not proposing to install oversized utilities or public facilities and it is not
anticipated that the Applicant will be required by the City to provide oversized utilities. Staff
does not find this criterion to be applicable to this application.
1. Access and Circulation (Only standards 1 & 2 apply to Minor PUD applications):
The purpose of this standard is to ensure the development is easily accessible, does
not unduly burden the surrounding road network, provides adequate pedestrian
and recreational trail facilities and minimizes the use of security gates. The
proposed access and circulation of the development shall meet the following
criteria:
1. Each lot, structure, or other land use within the PUD has adequate access to a
public street either directly or through and approved private road, a pedestrian
way, or other area dedicated to public or private use.
Staff Finding
The Applicant has not proposed to alter the existing access to a public street. Staff finds this
criterion to be met.
2. The proposed development, vehicular access points, and parking arrangement
do not create traffic congestion on the roads surrounding the proposed
development, or such surrounding roads are proposed to be improved to
accommodate the development.
Staff Finding
Please see Staffs response to PUD Review Standard 1(2) above.
II
,
J. Phasing of Development Plan.
The purpose of these criteria is to ensure partially completed projects do not create
an unnecessary burden on the public or surrounding property owners and impacts
of an individual phase are mitigated adequately. If phasing of the development
plan is proposed, each phase shall be defined in the adopted final PUD
development plan. The phasing plan shall comply with the following:
1. All phases, including the initial phase, shall be designed to function as a
complete development and shall not be reliant on subsequent phases.
2. The phasing plan describes physical areas insulating, to the extent practical,
occupants of initial phases from the construction of later phases.
3. The proposed phasing plan ensures the necessary or proportionate
improvements to public facilities, payment of impact fees and fees-in-lieu,
construction of any facilities to be used jointly by residents of the PUD,
construction of any required affordable housing, and any mitigation measures
are realized concurrent or prior to the respective impacts associated with the
phase.
Staff Finding
The Applicants are not proposing to phase the construction. Therefore, Staff finds this
criterion not to be applicable.
12
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MEMORANDUM
Vlllc.
TO:
Mayor Klanderud and City Council
FROM:
Joyce A. Allgaier, Deputy Director
Chris Bendon, Community Development Director ClAW)
Boomerang Lodge Redevelopment - SOO West Hopkins Avenue
2nd Reading of Ordinance No. 26, Series of 2006, Planned Unit
Development, Rezoning for PUD Overlay, Subdivision,
Condominiumizaton and Vested Rights
THRU:
RE:
DATE:
August 28, 2006
REQUEST SUMMARY: The applicant is seeking approval to redevelop the Boomerang Lodge.
The existing Boomerang consists of:
. 34 hotel units and a total Floor Area of approximately 23,000 square feet.
. 31 parking spaces, all but one of which are partially within the city right-of-way
The proposed Boomerang Lodge includes:
. 47 hotel units and a total Floor Area of approximately 49,170 square feet.
. 5 free-market residential units,
. 2 affordablc housing units,
. 48 parking spaces .- 31 underground and 17 surface (partiallv in r-o-w).
ApPLICANT: Aspen FSP-ABR, LLC. Represented by Sunny Vann, AICP.
STAFF RECOMMENDATION: Staff supports the project with conditions,
P&Z RECOMMENDATION: The Commission recommended that the City Council approve
of the lodge redevelopmcnt proposal by a vote of four to two (4-2). The two dissenting
votes supported the redevelopment concept in terms of bringing new lodge rooms and
keeping the "old" Boomerang Lodge component in the site plan. Their issue had to do with
the height along Hopkins Ave. and neighborhood compatibility, Since the time of the P&Z
hearing the applicants have reduced the height by at least 3 feet and have removed some of
the areas that had been 4 floors in height to 3 floors,
***StNCE THE LAST MEETING ON AUGUST 14TH, THE APPLICANT HAS MADE REVISIONS
TO TilE BOOMERANG DEVELOPMENT PLANS AND HAS RELAYED THE AREAS FOR
REVISION BY HIGHLIGHTED REVISED PLANS AND TWO SEPARATE MEMOS DESCRIBING
CHANGES AND LODGEICONDO OPERATIONS. IN GENERAL THE REVISIONS ARE AS
FOLLOWS:
BOOMERANG LODGE REDEVELOPMENT STAFF REPORT
PAGE 1
. The lodge units have been removed from the East Wing, leaving this wing as a two
story element. The height of the existing building does not change from what is there
now with this change,
. One free market unit has been removed from the west end of the project allowing for
a reduction in height on that component of the structure,
. The number of total lodge units (kevs) is now at 47, reduced by 5 lodge units since
the August 14th hearing and from 54 units originally. The average size is still around
500 square feet.
. Maximum height is on two small pop-ups on the partial 4th floor, measuring 36 feet,
6 inches (totaling 17% of the roof area). These parts of the fourth floor are reduced
from 39 feet. The majority of fourth floor (83%) is now at 34 feet, 6 inches.
. The applicants have included an operational characteristics plan to address and
ensure rentals outside ofJhe ownership use and other characteristics that make the
condo ownership more like a lodge rental property. Staff will provide comment on
this at the meeting as it was submitted late,
SUMMARY:
The applicant, Aspen FSP-ABR, LLC, Represented by Sunny Vann, AICP, is proposing
to redevelop the Boomerang Lodge. The hotel is zoned R-6 LP - Medium-Density
Residential with a Lodge Preservation Overlay, The property is a half-block - 27,000
square feet - and is located at 500 West Hopkins. The property is legally known as Lots
K through S of Block 31.
The R-6 Zone District is a single-family and duplex zone district. (The "west-end" is
zoned R-6.) The Lodge Preservation Overlay permits lodging and effectively "legalizes"
the lodge use. Many of the city's older lodges are within residential neighborhoods and
are permitted through a LP overlay, The LP overlay also enables a PUD review to allow
for the expansion of lodging in a manner appropriate for the neighborhood in which the
lodge exists,
The proposed development now consists of 47 hotel units (47 keys total), 5 free-market
residential units, 2 affordable housing units, 31 underground parking spaces, and 12
surface parking spaces to remain partially within the street rights-of-way. The total FAR
of the site would increase from roughly 23,000 square feet to approximately 44,915
square feet.
DIMENSIONAL REQUIREMENTS AND APPROY ALS:
Dimension R-6 District Existing Development
Requirement Development Set in PUD
Minimum Lot Size 6,000 s, f, 27,000 s.f. 27,000 s,f.
Minimum Lot 60 ft 270 ft. 270 ft,
Width
Minimum Front 5 ft. 10-70 ft, (varies) 5' 2"
BOOMERANG LODGE REDEVELOPMENT STAFF REPORT
PAGE 2
Yard Setback
(Hopkins)
Minimum Side 5 ft. 6 ft. on west 5 It. on west
Yard Setback 1-5 ft. on east 5 ft, on east
Minimum Rear 5 ft. 0-2 ft. 5 ft, on north
Yard Setback (second floor
balcony overhang 4'
5")
Maximum Height 25 ft. pitched roofs 30 ft. on alley 36'6" ft. maximum
(set in PUD for 20-25 ft on east roof heights vary
Lodging) according to PUD
plan
Parking Set in PUD 31 surface (all but 1 31 underground and
partially in LO.W) 12 @ surface
(partially in LO.W,)
Floor Area Ratio/Size:
Total Set in PUD ,85 = 23,000 sJ, 1.66: 1 = 44,915 s,f,
Lodging Set in PUD ,85 = 23,000 sJ, .87:1 = 23,547 s,l,
Ave. Lodge Size Set in PUD-500 sq, 340 s,l, 501 s.f,
ft,desirable
Free-Market 25% of total project NIA ,39:1 = 10,733 =
Residential Floor Area 23% of total project
Affordable No FAR limit NIA ,05:1 = 1,384s,1.
Residential
NECESSARY LAND USE ApPROVALS: The following land use approvals are requested and
necessary for approval of this project:
I. GROWTH MANAGEMENT QUOTA SYSTEM -INCENTIVE LOnGE DEVELOPMENT: This
review acommodates new lodge allotments (there are 18 requested in this
application) and associated new free-market residential allotments (6 are
requested). Final Review Authority: Planning and Zoning Commission. NOTE:
The replacement of existing lodge development is exempt from the City's Growth
Management System. No review is required. APPROVED by P&Z
2, GROWTH MANAGEMENT QUOTA SYSTEM - AFFORDABLE HOUSING: This review
addresses the development of affordable housing units of which 2 units are
proposed. Final Review Authority: Planning and Zoning Commission.
APPROVED by P&Z
BOOMERANG LODGE REDEVELOPMENT STAFF REPORT
PAGE 3
established through the existing development there today. We also find that the
massing of the building offers enough variety, through inflection, change of facade
planeslbalconies and glazing (use of windows) to mitigate the actual size of the
structure. The building today is of similar massing in terms of the length dimension
across the lot.
RECOMMENDED MOTION:
"I move to approve upon second reading, Ordinance No. 26, Series of 2006, approving
with conditions the Subdivision, PUD, Vested Rights, Condominiumization and
Rezoning reviews for the Boomerang Lodge Redevelopment."
City Manager Comments:
A TT ACHMENTS:
Exhibit A:
Exhibit B:
Exhibit C:
Staff Findings on Review Standards (provided on 8/14/06)
Memo from Sunny Vann, 8/22/06
Memo from Don Shi, Reno Smith, 8/21106
BOOMERANG LODGE REDEVELOPMENT STAFF REPORT
PAGE 7
Ordinance No. 26
(SERIES OF 2006)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING
APPROVAL OF THE SUBDIVISION, PLANNED UNIT DEVELOPMENT,
VESTED RIGHTS, CONDOMINIUMIZATION, AND REZONING FOR A
PLANNED UNIT DEVELOPMENT OVERLAY FOR THE REDEVELOPMENT
OF THE BOOMERANG LODGE, SOO WEST HOPKINS AVENUE, CITY OF
ASPEN, COLORADO.
ParceIID:273S.124.49.002
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, (Applicant), clo Steve Stunda; 11921 Freedom Drive #950;
Reston , V A 20190; represented by Sunny Vann ofVann Associates, requesting approval
of six (6) free-market residential growth management allotments, two (2) affordable
housing growth management allotments, eighteen (18) lodge growth management
allotments, Subdivision approval, Rezoning for a Planned Unit Development Overlay,
Planned Unit Development approval, Condominiumization approval, and vested rights
for the redevelopment of the Boomerang Lodge located at 500 West Hopkins Avenue and
known legally as Lots K through S of Block 31, City and Townsite of Aspen, Pitkin
County, Colorado; and,
WHEREAS, the site currently contains 34 hotel units in a structure of
approximately 23,000 square feet of Floor Area and surface parking located primarily
within the public rights-of-way, The proposed development includes 47 hotel units,S free-
market residential units, 2 affordable housing units, a 31-space underground parking
facility, and 17 surface parking spaces in a structure of approximately 44,915 square feet of
Floor Area as defined by the City of Aspen; and,
WHEREAS, the Community Development Department received referral
comments from the Aspen Consolidated Sanitation District, City Engineering, Building
Department, Fire, Streets, Housing, Environmental Health, Parks and Water Departments
as a result of the Development Review Committee meeting; and,
WHEREAS, said referral agencies and the Aspen Community Development
Department reviewed the application according to the standards of review for each of the
requested land use approvals and recommended approval with conditions; and,
WHEREAS, pursuant to Section 26.470.040 of the Land Use Code, Growth
Management Review approvals may be granted by the Planning and Zoning Commission
at a duly noticed public hearing after considering recommendations by the Community
Development Director, and relevant referral agencies and such Growth Management
approvals were granted by the Commission on June 13,2006; and,
WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision
Review approval may be granted by the City Council at a duly noticed public hearing
after considering recommendations by the Planning and Zoning Commission Community,
Development Director, and relevant referral agencies; and,
City Council Ordinance
No, 26, Series of 2006
-1-
WHEREAS, pursuant to Section 26.304 of the Aspen Land Use Code and during
a regular meeting on April II, 2006, continued to May 2, 2006, continued to May 16,
2006, and continued to June 13, 2006, the Planning and Zoning Commission opened a
duly noticed public hearing to consider the project and where the recommendations of the
Community Development Director and comments from the public were heard and
approved the request for six (6) free-market residential growth management allotments,
two (2) affordable housing growth management allotments, eighteen (18) lodge growth
management allotments, and recommended City Council Subdivision, Rezoning for a
Planned Unit Development Overlay, and Planned Unit Development approval by a four to
two (4-2) vote, with the findings contained in Exhibit A of the May 16, 2006, staff
memorandum and the conditions of approval listed hereinafter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY
COUNCIL AS FOLLOWS:
Section 1: Growth Manal!ement Allotments
The Planning and Zoning Commission, pursuant to Chapter 26.470 - Growth
Management - approved the Boomerang Lodge Redevelopment project six (6) free-
market residential allotments and two (2) affordable housing allotments, and eighteen
(18) lodge growth management allotments, subject to the requirements listed hereinafter.
Section 2: Approval for Subdivision. Rezoninl! for PUD Overlav. and PUD Final
Development Plan
Pursuant to Chapter 26.480, 26.310, and 26.445 - Subdivision, Rezoning, and Planned Unit
Development, respectively - the City Council grants Subdivision approval, rezoning for a
Planned Unit Development Overlay, and Planned Unit Development Final Development
Plan approval to the Boomerang Lodge Redevelopment project, subject to the requirements
listed hereinafter.
Section 3: Proiect Dimensions
The following approved dimensions of the project shall be reflected in the Final PUD Plans:
Dimension R-6 District Existing Development
Requirement Development Set in PUD
Minimum Lot Size 6,000 s,l, 27,000 s,l, 27,000 s,l,
Minimum Lot 60 ft 270 It. 270 ft.
Width
Minimum Front 5 ft, 10-70 ft, (varies) 5' 2"
Yard Setback
(Hopkins)
Minimum Side 5 ft, 6 ft, on west 5 ft, on west
Yard Setback 1-5 ft. on east 5 ft, on east
Minimum Rear 5 ft, 0-2 ft. 5 ft. on north
City Council Ordinance
No, 26, Series of 2006
- 2-
Yard Setback (second floor
balcony overhang 4'
5")
Maximum Height 25 ft, pitched roofs 30 ft, on alley 36' 6" feet
(set in PUD for 20-25 ft on east maximum, roof
Lodging) heights vary and are
set in this PUD plan
Parking Set in PUD 31 surface (all but 1 31 underground and
partially in r.o.w) 12 @ surface
(partially in r,o.w,)
Floor Area Ratio/Size:
Total Set in PUD ,85 = 23,000 sJ, 1,66:1 = 44,915 sJ.
Lodging Set in PUD .85 = 23,000 s.f. .87:1 = 26,199 s.f.
Ave. Lodge Size Set in PUD-500 sq, 340 sJ, 501 sJ,
ft.desirable
Free-Market 25% of total project N/A ,39: 1 = 10,733 =
Residential Floor Area 23% of total project
Affordable No FAR limit N/A ,05:1 = 1,384s,f.
Residential
Section 4: Trash/Recvclin!!: Area
The applicant shall ensure that the trash storage area has adequate wildlife protection and
to make sure recycling containers are present wherever trash compactors or dumpsters are
located due to the City's new recycling ordinance requiring haulers to provide recycling
in the cost of trash pick-up,
Section S: Affordable Honsin!!:
The applicant shall provide two Category 2 affordable housing units as depicted in the
application dated December 30, 2005. These units shall be considered full mitigation for
the development proposed in said application,
A Certificate of Occupancy for the Boomerang Lodge Redevelopment project shall not be
issued until such time as Certificates of Occupancy for the deed restricted affordable
housing units, which are required for mitigation, have been issued,
The employees to be housed in the deed-restricted units shall meet the qualification criteria
contained within the APCHA Guidelines, as may be amended from time to time.
The applicant shall structure and record a deed restriction for the affordable housing units
such that an undivided 1/1 Oth of 1 percent of the property is deed restricted in perpetuity to
the Aspen/Pitkin County Housing Authority; or until such time the units become ownership
units; or the applicant may propose any other means that the Housing Authority detennines
acceptable,
City Council Ordinance
No, 26, Series of 2006
- 3-
The affordable housing units shall be deed-restricted as rental units but will allow for the
units to become ownership units at such time the owners would request this change andlor
at such time the APCHA deems the units out of compliance over a period of more than one
year. At such time, the units will be listed for sale with the Housing Office as specified in
the deed restriction at the Category 2 maximum sales price. At such time if the units
become ownership units, these units will establish an independent homeowners association.
Section 6: Additional Trip Generation and PMI0 Mithmtion Plan
In order to reduce the impacts of additional trip generation and PMIO generated by the
project, the project shall provide either: I) a shuttle service for use by the owners/guests of
the residenceslhotel, 2) an electric vehicle for use by owners/gusts of the project, 3)
secure and covered bicycle storage, or 4) the hotel and homeowners associations(s) shall
join the Transportation Options Program, The Subdivision Agreement shall specifY which
of these options shall be implemented. A fleet of five (5) bicycles shall be provided for
use by thc lodging guests, The project shall be subject to any transportation related impact
fees adopted prior to application for a building permit and any of the above options shall
be credited towards any fec requirement,
Section 7: Subdivision Plat and PUD Plans
Within 180 days after final approval by City Council and prior to applying for a Building
Permit, the applicant shall record a Subdivision Plat and Final PUD Plans. The
Subdivision Plat shall comply with current requirements of the City Community
Development Engineer and, in addition to the standard requirements, shall include:
I, The final property boundaries and disposition oflands.
2, The location of Revocable Encroachments for physical improvements within
public rights-of-way, including parking to be designated to the Lodge, with
reference to agreements and licenses for such improvements,
3, The location of utility pedestals with access easements for the utility provider.
Transformers and pedestals shall be located outside of the public right-of-way
unless licensed,
4, The applicant shall provide the final approved Subdivision line data or survey
description data describing the revised building, street, and parcel boundaries to
the Geographic Information Systems Department prior to applying for a building
permit. The final building location data, including any amendments, shall be
provided to the GIS Department prior to issuance of a Certificate of Occupancy.
In addition to the standard requirement of Section 26.445,070,B, the Final PUD Plans shall
include:
I. An illustrative site plan with adequate snow storage areas and/or snow melted areas
depicted. Approved project dimensions shall be printed on the final illustrative plan.
2, A landscape plan showing location, amount, and species oflandscape improvements
with an irrigation plan wit~ a signature line for the City Parks Department.
City Council Ordinance
No, 26, Series of2006
- 4-
3. A sidewalk and curb improvements plan depicting a detached sidewalk with
planting buffer along both West Hopkins Avenue and North 5th Street. The
sidewalk shall be five feet in width and be located adjacent to the property
boundaries, or as close as possible given existing vegetation as determined by the
City Engineer and the Community Development Director. The surface parking
along West Hopkins Avenue shall be eliminated, The sidewalk shall incorporate
accessible ramps according to the current standards,
4. Design specifications and profiles for public right-of-way improvements.
5. An architectural character plan demonstrating the general architectural character and
depicting materials, fenestration, and projections.
6. Scaled floor plans of each level of the building depicting unit divisions.
7. A utility plan meeting the standards of the City Engineer and City utility agencies,
8, A grading/drainage plan, including an erosion control plan, prepared by a
Colorado licensed Civil Engineer, which maintains sediment and debris on-site
during and after construction. If a ground recharge system is required, a soil
percolation report will be required to correctly size the facility. A 2-year storm
frequency should be used in designing any drainage improvements, Off-site
improvement shall be done in coordination with the City Engineer.
9, An exterior lighting plan meeting the requirements of Section 26,575.150.
Section 8: Subdivision and pun Agreement
Within 180 days after final approval by City Council and prior to applying for Building
Permit, the applicant shall record a Subdivision and PUD Agreement binding this
property to this development approval. The Agreement shall include the necessary items
detailed in Section 26.480,070 and 26.445.070,C, in addition to the following:
1, Revocable Encroachment agreements and licenses for physical improvements
within public rights-of-way with reference to their locations depicted on the
Subdivision Plat.
2, In order to secure the performance of the construction and installation of
improvements in the public rights-of-way, the landscape plan, and public facilities
performance security shall include and secure the estimated costs of proposed
right-of-way improvements.
3, A revocable license agreement to use portions of the Fourth Street right-of-way
for dedicated parking.
4, A license agreement to use any public rights-of-way, or portions thereof, adjacent
to the project site for construction staging including a fee to use the land at a rate
of $1,25 per square foot per month for the time period in which the land is to be
occupied for construction staging.
Section 9: Impact Fees
Park lmoact Fees of $23,727 shall be assessed. Amendments to the Project or to the fee
schedule adopted prior to issuance of a building permit shall require a new calculation.
City Council Ordinance
No. 26, Series of 2006
- 5-
The following fee total is based on the current proposal and fee schedule and is subject to
final calculation at the time ofPUD Agreement acceptance:
Park Fees - Fees for Proposed Development:
47 Lodge Units (studio units) @ $1,520 per unit
3 two-bedroom residential units @ $2,120 per unit
2 three-bedroom residential units @ $2,725 per unit
Total
=$71,440
= $6,360
= $5,450
= $83,250
Park Fees - Credit for Existing Development:
34 Lodge Units
29-studio units @ $1,520 per unit
3 two-bedroom units @ $2725 per unit
2 three-bedroom units @ $3,634 per unit
=$44,080
=$8,175
=$7,268
Total Credit = ($59,523)
Total Park Impact Fee Due = $23,727
School Land Dedication Fees are assessed based on one-third the value of the
unimproved land divided by the proposed number of residential units on a per acre basis,
The applicant shall provide and the City of Aspen shall verify the unimproved land value
of the lands underlying the Project and determine the applicable dedication fee. The
subject subdivision is not conducive to locating a school facility and a cash-in-lieu
payment shall be accepted. Amendments to the Project or to the fee schedule adopted
prior to issuance of a building permit shall require a new calculation.
Other Imoacts Fees, The project shall be subject to amendments and additions to the
Impact Fee Chapter of the Land Use Code adopted prior to the application for a building
permit.
Section 10: Water Department
The applicant shall comply with the City of Aspen Water System Standards, with Title
25, and with applicable standards of Municipal Code Title 8 (Water Conservation and
Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of
Aspen Water Department.
Soil nails will not be allowed in the City ROW.
Section 11: Sanitation District Standards/ReQuirements
The applicant shall comply with the Aspen Consolidated Sanitation District's rules and
regulations, including the following:
I, Service is contingent upon compliance with the District's rules, regulations, and
specifications, which are on file at the District office at the time of construction.
2, Applicant's engineer will be required to give the district an estimate of anticipated
daily average and peak flows from the project.
3, A wastewater flow study may be required for this project to be funded by the
applicant.
City Council Ordinance
No, 26, Series of2006
- 6-
4. All clear water connections are prohibited (roof, foundation, perimeter, patio
drains), incl uding entrances to underground parking garages.
5, On-site drainage and landscaping plans require approval by the district, must
accommodate ACSD service requirements and comply with rules, regulations and
specifications.
6. On-site sanitary sewer utility plans require approval by ACSD.
7. Oil and Sand separators are required for public vehicle parking garages and
vehicle maintenance facilities.
8. Glycol snowmelt and heating systems must have containment provisions and must
preclude discharge to the public sanitary sewer system.
9. Plans for interceptors, separators and containment facilities require submittal by
the applicant and approval prior to building permit.
10, When new service lines are required for existing development the old service lines
must be excavated and abandoned at the main sanitary sewer line according to
specific ACSD requirements,
] ], Below grade development may require installation of a pumping system,
]2, Generally one tap is allowed for each building. Shared service line agreements
may be required where more than one unit is served by a single service line.
13. Permanent improvements are prohibited in areas covered by sewer easements or
right of ways to the lot line of each development.
14, All ACSD total connection fees must be paid prior to the issuance of a building
permit.
IS, Where additional dcvelopment would produce flows that would exceed the
planned reserve capacity of the existing system (collection system and or
treatment system) an additional proportionate fee will be assessed to eliminate the
downstream collection system or treatment capacity constraint. Additional
proportionate fees would be collected over time from all development in the area
of concern in order to fund the improvements needed,
Section 12: Pre-Construction Meeting
Prior to Building Permit Submission, a meeting between the following parties shall be
conducted: Developer/Applicant, Project Architect, Prime Contractor, City Staff Planner,
Community Development Engineer, City Engineer, Building Official/Plans Examiner.
The purpose of the meeting is to identify the approving ordinance and any amendments,
identify conditions of approval, discuss the Construction Management Plan, identify the
timeline for plat and PUD/S]A agreement recordation, identify the types of building
permits necessary and the development activities that can be conducted prior to receiving
a building permit, review any critical timeline issues, review the steps and timing of the
building permit process, discuss responsibilities of all parties in getting permits, changes,
etc" and review the Building Department checklist.
Section 13: Construction Management Plan
Prior to application for any Building Permit, Foundation Permit, Access Infrastructure
permit, Demolition permit, etc" the applicant and the City shall agree upon a Construction
Management Plan for the project. For the City, the plan shall be reviewed by the
Community Development Engineer. The Plan shall include:
City Council Ordinance
No, 26, Series of2006
-7 -
I, A construction management and parking plan meeting the specifications of the City
Building Department.
2, An estimated construction schedule with estimated schedules for construction
phases affecting city streets and infrastructure and provisions for noticing
emergency service providers, neighbors, the City Streets Department, the
Transportation Department, City Parking Department, and the City Engineering
Department. Street closures concurrcnt with significant public events shall be
avoided to the greatest extent possible.
3. A notice to be sent to neighboring property owners describing the general schedule
of the project and the contact information of the general contractor. The City
encourages open communication between project representatives and the neighbors
such that day-to-day issues can be resolved without involving the City.
4, A Fugitive Dust Control Plan which includes, but is not limited to fencing, watering
of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove
mud that has been carried out, speed limits, or other measures necessary to prevent
windblown dust from crossing the property line or causing a nuisance, For projects
greater than one acre in size a fugitive dust control plan must be submitted to the
Colorado Department of Public Health and Environment (CD PH E), Air Quality
Control Division,
5, Recycling facilities, in addition to trash facilities, for the period of construction,
Section 14: Building Permit Requirements
The building permit application shall include/depict:
1. A signed copy of the final P&Z Resolution and Council Ordinance granting land use
approval.
2. A letter from the primary contractor stating that the approving Resolution and
Ordinance have been read and understood.
3. The conditions of approval shall be printed on the cover page of the building permit
set.
4. A completed tap permit for service with the Aspen Consolidated Sanitation District.
5, A right-of-way improvement plan depicting physical improvements to the right-of-way
including design spccifications and profiles, All improvements shall comply with the
City's requirements for accessibility,
6. A landscape plan showing location, amount, and species of landscape improvements
with an irrigation plan for approval by the City Parks Department.
7. A utility plan meeting the standards of the City Engineer and City utility agencies.
8, A grading/drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer, which maintains sediment and debris on-site during and after
construction, If a ground recharge system is required, a soil percolation report will be
City Council Ordinance
No, 26, Series of2006 - 8 -
required to correctly size the facility. A 2-year storm frequency should be used in
designing any drainage improvements. Off-site improvement shall be done in
coordination with the City Engineer.
9. A fireplace/woodstove permit. In the City of Aspen, buildings may have only two gas
log fireplaces or two certified woodstoves (or I of each) and unlimited numbers of
decorative gas fireplace appliances per building. New buildings may NOT have wood
burning fireplaces, nor may any heating device use coal as fuel.
10, An asbestos inspection report, Prior to remodel, expansion or demolition of any
public or commercial building, including removal of drywall, carpet, tile, etc., the
CDPHE Air Quality Control Division must be notified and a person licensed by the
state of Colorado to do asbestos inspections must do an inspection. The Building
Department cannot sign any building permits until they get this report. If there is no
asbestos, the demolition can proceed, If asbestos is present, a licensed asbestos
removal contractor must remove it.
I I, A tree removal permit, as applicable,
12. A fugitive dust control plan approved by the Environmental Health Department which
addresses watering of disturbed areas including haul roads, perimeter silt fencing, as-
needed cleaning of adjacent rights-of-way, speed limits within and accessing the site,
and the ability to request additional measures to prevent a nuisance during
construction, The applicant shall wash tracked mud and debris from the street as
necessary, and as requested by the City, during construction, Submission of a fugitive
dust control plan to the Colorado Department of Public Health and Environment Air
Quality Control Division may also be necessary.
13. A study performed by a Colorado licensed Civil Engineer demonstrating how the
required excavation of the site may be performed without damaging adjacent
structures and/or streets, The City will not approve of soil nails into public right-of-
way or utility easements,
14, A construction site management and parking plan meeting the specifications of the
City Building Department.
Prior to issuance of a building permit:
I, All tap fees, impacts fees, and building permit fees shall be paid,
2. The location and design of standpipes, fire sprinklers, and alarms shall be
acceptable to the Fire Marshall,
Section IS: Noise During Construction
During construction, noise cannot exceed maximum permissible sound level standards,
and construction cannot be done except between the hours of 7 am and 7 pm, Monday
thru Saturday. Construction is not allowed on Sundays. It is very likely that noise
generated during the construction phase of this project will have some negative impact on
the neighborhood, Thc applicant should be aware of this and take measures to minimize
the prcdicted high noisc levels,
City Council Ordinance
No, 26, Series of 2006
- 9-
Section 16: Condominiumization
Condominiumization of the Project to define separate ownership interests of the Project is
hereby approved by the City of Aspen, subject to recordation of a condominiumization plat
in compliance with the current (at the time of condo plat submission) plat requirements of
the City Community Development Engineer.
Section 17: Historic Landmark Desil!Dation of the "East Wing"
Prior to filing ofthe final plat the owner shall initiate the designation of the "East Wing" of
the Boomerang Lodge for listing on the Aspen Inventory of Historic Sites and Structures,
The area to be designated shall be finalized in conjunction with the Historic Preservation
Commission but shall include that area of the structural east wing along the alley, Fourth
Street and Hopkins A venue, also including the outdoor pool and spa area.
Section 18:
All material representations and commitments made by the developer pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission are hereby
incorporated in such plan development approvals and the same shall be complied with as if
fully set forth herein, unless amended by other specific conditions.
Section 19:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 20:
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 21 :
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy in the
office of the Pitkin County Clerk and Recorder.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Helen Kalin K1anderud, Mayor
FINALLY, adopted, passed and approved this 28th day of August, 2006.
City Council Ordinance
No, 26, Series of 2006
- 10-
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
City Council Ordinance
No, 26, Series of2006
-tt-
Helen Kalin K1anderud, Mayor
Ew:k\"',+ B
"b1JA./O,.
MEMORANDUM
TO:
Joyce Allgaier
FROM:
Sunny Vann
RE:
Boomerang Lodge Operations
DATE:
August 22, 2006
Summarized below is various information regarding the operational practices of the
proposed Boomerang Lodge project. Hopefully, it will give the staff and City
Council a better understanding of how the lodge will be run and additional assurance
that it will in fact operate as a hotel property.
1. The Boomerang Lodge will operate as a hotel in much the same fashion as
other condominiumized lodge properties such as the Aspen Square condomini-
um hotel and the Hotel Aspen,
2. The lodge units are to be condominiumized and sold to assist in the financing
of the project.
3. The Boomerang Lodge project has been designed to function as a lodge. The
lodge rooms are configured as individual hotel rooms with small kitchens.
They are not configured as multi-bedroom residential condominium units.
While the lodge units average approximately 500 square feet in size, a signifi-
cant percentage of the units are actually smaller. The lodge units will contain
one or more standard furnishing packages.
4. An owner's use of his lodge unit is subject to the City's existing occupancy
limitation of 30 consecutive days and no more than 90 days per year for
condominiumized lodge units. These limitations are intended to preclude the
occupancy of such units as residential condominiums.
5. Services, operations, budgets and accounting will be established for hotel style
management with an emphasis on nightly rentals. All owners will be encour-
aged to rent their units in order to support the lodge's overhead. Aspen-FSP
Management Company will manage and operate the rental program. An
outside property or rental management company will not be required.
6. Aspen-FSP Management will own the front desk and all public areas such as
the breakfast lounge, media room, library, etc. (i.e., the Boomerang Lodge's
general common elements).
1
7. All condominium unit owners will become members of the Boomerang Lodge
Condominium Association. All unit owners will be assessed a prorata expense
charge to cover their respective share of operations, repair and maintenance
costs (e.g., front desk and housekeeping personnel, supplies, utilities, advertis-
ing, travel agent and credit card commissions, maintenance and repairs, etc.).
8. All lodge unit owners will be "incentivized" to use Aspen- FSP as their rental
agent due to the below market fee to be charged for such services. A commis-
sion will be charged for this service. Nightly rental reservations may be
booked by individuals andlor through travel agents. The lodge will be listed
with Stay Aspen Snowmass and walk-ins will be accommodated.
9. Lodge unit owners will be required to make and confirm reservations for the
use of their units in advance pursuant to a specific set of reservation policies.
Last minute owner requests will be honored to the extent feasible but con-
firmed guest reservations will not be cancelled.
10. The Boomerang Lodge Condominium Association will retain Aspen-FSP to
oversee the operations of the Association. All staff will be employees of
Aspen-FSP. Key employees will be maintained on-site year round with
additional staff added in the peak seasons as needed. The lodge's key depart-
ments will include:
i) Front Desk
Will include all front desk and reservations staff which will provide
front desk coverage approximately 12 hours a day. Hours may be
increased in peak seasons and reduced in off-seasons. Today's key
staff members are Steven R. Stunda, Director of Operations and Gabi
Walle, General Manager.
ii) Housekeeping
Will include all room cleaners, the Housekeeping Manager and assis-
tants who will maintain the public areas and the stock supplies, and the
laundry staff.
iii) Maintenance
Will handle the maintenance and cleaning of mechanical systems,
landscaping, the pool and hot tubs, the fire alarm system, and the
overall appearance of building exteriors and the garage. The mainte-
nance staff will also respond to repair needs in the individual units.
2
iv) Accounting
Will handle all financial aspects of the lodge operation including ac-
counts payable and receivable and preparation of monthly owner state-
ments. This service is currently provided by Daggs and Associates, a
local CPA firm.
3
PROJECT: Boomerang Lodge Remodel
DATE: 8121106
City Council Revision
Changes have been made:
1. Building Height:
a. Reduced the building height by another 2.5'. The highest
roof is 36.5' above the grade. The height limit is 42. This
represents 17% of roof area.
b. 83% of entire roof area is at or below 34.5'
c. The ridge height of Christiana buildings is 35' above the
grade.
2. Reduction of 4th Floor:
a. Eliminated one hotel unit and one free market unit.
b. Eliminated the staircase to the roof next to the alley.
c. Reduced floor area to 5,810 SF. It was 7,951 SF. A
reduction of 27%.
3. Eliminated the third floor of East Wing:
a. Total of 47 hotel units instead of 53
b. FAR-hotel unit: 23,547 SF. (It was 26,199 SF.)
c. Average hotel unit floor area is 501 SF.
4. Reduction of free market units:
a. Reduced free market units to 5.
b. The total free market units floor area is 10, 733 SF., less
than 25% FAR (allowed).
5. Percentage of Glazing (new building): In order to create a
building with more open feeling.
a. South Elevation: 62%
b. North Elevation: 22%
c. West Elevation: 57%
Total Glazing:
44%
Submitted by:
Xiangdong (Don) Shi
E)(kHo ,'+ '-
&'%.../0,.
RENO' SMITH
. ARC HIT Ii C T S. L. L. C. .
III
AUGUST RENO
AlA
SCOTT SMITH
ALA
605 W. MAiN ST.
N" 002
ASPEN
COLORADO
81611
970.925.5968
FACSIMILE
970.925.5993
E-MAIL
office@renosmilh.com
0371 SQUTHSIDE DRIVE
BASALT
COLORADO
81621
970.927.6834
FACSIMILE
970.927.6840
PROJECT: Boomerang Lodge Remodel
DATE: 8/26/06
City Council Revision
Changes that have been made:
1. Building Height:
a. Reduced the building height by another 2.5'. The highest
roof is 36.5' above grade. The height limit is 42. This
area represents 17% of roof area.
b. 83% of entire roof area is at or below 34.5'
c. The ridge height of Christiana buildings is 35' above
grade.
2. Reduction of 4th Floor:
a. We eliminated one hotel unit and one free market unit.
b. We eliminated the staircase to the roof next to the alley.
c. We reduced the floor area to 5,810 SF. The floor area
was 7,951 SF. A reduction of 27%. This still represents
only 13% of the total FAR of the project.
3. Eliminated the third floor of East Wing:
a. Now there is a total of 47 hotel units instead of 53. This
represents a loss of 6 hotel units.
b. FAR-hotel unit: 23,547 SF. (It was 26,199 SF.)
c. The average hotel unit floor area is 501 SF.
4. Reduction of free market units:
a. We reduced the free market units to 5.
b. The total free market units floor area is now 10,733 SF.,
This is a reduction of 17% of the previous submission
5. The percentage of Glazing/windows
a. South Elevation: 62%
b. North Elevation: 22%
c. West Elevation: 57%
Total Glazing:
44%
Submitted by:
Xiangdong (Don) Shi
<8 ( 2-'3'
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RENO < SMITH
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AUGUST RENO
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MEMORANDUM
V"'4
TO:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director cM\N\
Sara Adams, Historic Preservation Planner ~
THRU:
FROM:
RE:
100 East Bleeker Street- Establishment of Two (2) Historic Transferable
Development Right Certificates, Second Reading of Ordinance # 31 Series of
2006.
DATE:
August 28, 2006
SUMMARY: The application before the City Council is for the establishment of two Historic
Transferable Development Right (TOR) Certificates. Each TOR comprises 250 square feet of
Floor Area. The purposc of a TOR is to encourage the preservation of Historic Landmarks
within the City of Aspen by permitting those property owners to sever and convey, as a separate
development right, undeveloped Floor Area to be developed on a different and non-historic
property within the City of Aspen. The program enables standard market forces, and the demand
for residential Floor Area, to accomplish a community goal of preserving Aspen's heritage as
retlected in its built environment. Funds that are gained from the sale of TOR's may be invested
back in the landmark,
The proposed "sending site" is listed on the Aspen Inventory of Historic Sites and Structures and
contains a miner's cottage that was built in 1884. The historic property comprises a 3,000 square
foot lot located at the northeast corner of Garmisch and Bleeker Streets, The neighborhood
context consists of single family residences and the Yellow Brick School. Every property on this
block except one is a historic landmark,
The issuance of two TOR certificates to the sending site of 100 East Bleeker, will remove a total
of 500 square feet of developable Floor Area from the historic property, thereby reducing the
base allowable FAR from 2,400 to 1,900 square feet, excluding bonuses,
City Council members expressed concern about the application at first reading; therefore,
Staff compiled a breakdown of calculations to provide clarification and serve as a reference
tool in Exhibit A, and added a visual analysis in Exhibit B.
StafTrecommends that City Council validate and issue two Historic Transferable Development
Right Certificates to the "sending site" of 100 East Bleeker Street. The review criteria are met
and TOR certificates are a good tool for preserving a historic resource by reducing
development pressure,
APPLICANT: Nancy M. Spears represented by Haas Land Planning, LLC.
PARCEL ID: 2735-124-37-005.
ADDRESS: 100 E. Bleeker Street, Lot K, Block 65, City and Townsite of Aspen, Colorado.
ZONING: R-6, Residential
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
In order to complete the establishment of Historic Transferable Development Rights, the
applicant shall meet the following requirements listed in Section 26.535,070 of the Aspen Land
Use Code,
Section 26.53S.070 REVIEW CRITERtA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE
DEVELOPMENT RtGHT.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a single-
family or duplex residence is a permitted use, pursuant to Chapter 26.710.
Properties on which such development is a conditional use shall not be eligible.
Staff Finding:
The proposed 3,000 square foot sending site is located within the R-6 zone district, which allows
residential single-family use. The sending site is a designated Historic Landmark, listed on the
Aspen Inventory of Historic Landmark Sites and Structures.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights,
for either a single-family or duplex home, equaling or exceeding two-hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificate.~ requested.
Staff Finding:
The subject property has a total allowable FAR of 2,400 square feet for a 3,000 square foot
property in the R-6 zone district. A total of 1,790 square feet of FAR exists on the property,
which leaves a remainder of 610 square feet available for TDR establishment. The severance of
two TDRs leaves 110 square feet of un built FAR on the property.
c) It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
2
Staff Finding:
Staff finds that the approved development conforms to the R-6 zone as stated in Section 26.710
of the Land Use Code. Establishing two 250 square foot Historic TDR Certificates will not
create or increase anon-conformity.
d) The analysis of un built development right shall only include the actual built
development, any approved development order the allowable development right
prescribed by zoning, and shall not include the potential of the Sending Site to gain
Floor Area bonuses, exemptions, or similar potential development incentives.
Staff Finding:
This is a two part analysis: 1) actual built development, i.e. the existing condition of the property
and 2) analysis of approved development orders.
I) The total existing built FAR on the property is 1,790 square feet out of an allowable FAR of
2,400 square feet. After severing two 250 square foot TDR certificates, 110 square feet of
unbuilt FAR will remain on the property.
2) The R6 zone district allows 2,400 square feet of FAR on a 3,000 square foot property. HPC
approved plans for the development of 2,400 square feet of FAR and awarded a 500 square feet
of FAR bonus that is contingent on the establishment of two TDR certificates. Severing two
TDR certificates fulfills the condition of approval required by HPC, which subsequently enables
the property to utilize the 500 square foot FAR bonus to build out the approved design and
rehabilitate the historic home. As stated in criteria (d) above, the potential for the "sending site"
to gain a floor area bonus is not included in the analysis of unbuilt development rights because
the bonus is contingent on the severing of 2 TDRs, which have yet to be approved by Council.
Therefore, the potential to gain an FAR bonus is not realized.
e) Any development order to develop Floor Area, beyond that remaining legally
connected to the property after establishment of TDR Certificates, shall be
considered null and void.
Staff Finding:
The property will not include any development order to develop Floor Area beyond that
remaining legally connected to the property after the establishment of two TDR certificates. The
applicant proposes that, between the reduced base FAR of 1,900 square feet and the 500 square
foot bonus, the approved development order will not involve any more Floor Area than
permissible under this standard.
f) The proposed deed restriction permanently restricts the development of the property
(the Sending Site) to an allowable Floor Area not exceeding the allowance for a
single-family or duplex residence minus two hundred and fifty (250) square feet of
Floor Area multiplied by the number of Historic TDR Certificates established. The
deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a
square footage reduction from the allowable Floor Area, as may be amended from
3
time to time. The Sending Site shall remain eligible for certain Floor Area
incentives and/or exemptions as may be authorized by the City of Aspen Land Use
Code, as may be amendedfrom time to time. Theform of the deed restriction shall
be acceptable to the City Attorney.
Staff Finding:
The applicant proposes that the sending site will be deed restricted such that it will be limited to
500 square feet less than the allowable Floor Area under the applicable zoning and will remain
eligible for certain Floor Area incentives.
g) A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of Historic
TDR Certificates to the Sending Site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of
the subject property together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
Staff Finding:
The application states that the requirements of section (g) are understood by the applicant and her
legal counsel.
h) It shall be the responsibility of the Sending Site property owner to provide building
plans and a zoning analysis of the Sending Site to the satisfaction of the
Community Development Director. Certain review fees may be required for the
confirmation of built Floor Area.
Staff Finding:
The application demonstrates a clear understanding of the requirements of section (h).
RECOMMENDATION: Staff recommends that Council approve Ordinance # 31, Series of
2006, the request for two Historic Transferable Development Right Certificates for the sending
site located at 100 East Bleeker Street on Second Reading,
RECOMMENDED MOTION: "I move to approve Ordinance #3 J, Series of2006, upon
second reading."
CITY MANAGER COMMENTS:
Exhibits:
Exhibit A - Calculations
Exhibit B - Visual Analysis
Exhibit C - Summary of Benefits for historic properties
Exhibit D - Drawings
Exhibit E - Application
4
ORDINANCE NO. 31
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL EST ABLlSHING TWO (2)
2S0 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE
DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 100 E.
BLEEKER STREET, LOT K BLOCK 6S CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO
ParcellD #: 273S-124-37-00S.
WHEREAS, the applicant, Nancy Spears, represented by Mitch Haas of Haas Land
Planning LLC, has requested the establishment of two (2) Historic Transferable
Development Right Certificates for the sending site located at 100 E. Bleeker Street, Lot
K, Block 65, City and Townsite of Aspen, Colorado; and
WHEREAS, in order to establish a Historic Transferable Development Right Certificate,
the applicant shall meet the following requirements of Aspen Municipal Code: Section
26.535.070 which is as follows:
26.S3S.070. Review Criteria for tbe Establisbment of Historic Transferable
Development Ril!.bt.
A Historic TOR Certificate for 250 square feet of Floor Area may be established by the
Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance,
finding all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a
single-family or duplex residence is a permitted use, pursuant to Chapter
26.710. Properties on which such development is a conditional use shall not
be eligible.
b) It is demonstrated that the Sending Site has permitted unbuilt development
rights, for either a single-family or duplex home, equaling or exceeding
two-hundred and fifty (250) square feet of Floor Area multiplied by the
number of Historic TDR Certificates requested.
c) It is demonstrated that the establishment of TDR Certificates will not create
a nonconformity. In cases where nonconformity already exists, the action
shall not increase the specific nonconformity
d) The analysis of unbuilt development right shall not only include the actual
built development, any approved development order the allowable
development right prescribed by zoning, and shall not include the potential
of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives
e) Any development order to develop Floor Area, beyond that remaining
legally connected to the property after establishment of TDR Certificates,
shall be considered null and void.
j) The proposed deed restriction permanently restricts the development of the
property (the Sending Site) to an allowable Floor Area not exceeding the
allowance for a single-family or duplex residence minus two hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic
TDR Certificates established. The deed restriction shall not stipulate an
absolute Floor Area, but shall stipulate a square footage reduction from the
allowable Floor Area, as may be amended from time to time. The Sending
Site shall remain eligible for certain Floor Area incentives and/or
exemptions as may be authorized by the City of Aspen Land Use Code, as
may be amended from time to time. The form of the deed restriction shall
be acceptable to the City Attorney.
g) A real estate closing has been scheduled at which, upon satisfaction of all
relevant requirements, the City shall execute and deliver the applicable
number of Historic TDR Certificates to the Sending Site property owner and
that property owner shall execute and deliver a deed restriction lessening
the available development right of the subject property together with the
appropriate fee for recording the deed restriction with the Pitkin County
Clerk and Recorder's Office.
h) It shall be the responsibility of the Sending Site property owner to provide
building plans and a zoning analysis of the Sending Site to the satisfaction
of the Community Development Director. Certain review fees may be
required for the confirmation of built Floor Area.
WHEREAS, the Community Development Director reviewed and recommended
approval of the application, finding that the applicable review standards have been met;
and,
WHEREAS, pursuant to Sections 26,535.040 of the Municipal Code, the City
Council may establish Historic Transferable Development Rights during a duly noticed
public hearing after taking and considering comments from the general public and
recommendations from the Community Development Director; and
WHEREAS, the City Council finds that the application meets or exceeds all
applicable standards and that the establishment of Historic Transferable Development
Rights 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
The City Council finds that the application meets all required standards and eligibility as
stated in Section 26.535,030 and Section 26,535,070, and applicant's submission is
complete and sufficient to afford review and evaluation for approval; and
Section 2
The City Council does hereby establish two (2) Historic Transferable Development
Rights of 250 square feet of Floor Area to the sending site located at 100 E, Bleeker
Street, Lot K, Block 65, City and Townsite of Aspen, Colorado with the following
conditions:
I. Upon satisfaction of all requirements, the city and the applicant shall establish
a date on which the respective Historic TDR Certificates shall be validated
and issued by the City and a deed restriction on the property shall be accepted
by the City and filed with the Pitkin County Clerk and Recorder.
2. On the mutually agreed upon date, the Mayor of the city of Aspen shall
execute and deliver the applicable number of Historic TDR Certificates to the
property owner and the property owner shall execute and deliver a deed
restriction lessening the available development right of the Sending Site (100
East Bleeker Street, Lot K Block 65 City and Townsite of Aspen) by 500
square feet with the appropriate fee for recording the deed restriction with the
Pitkin County Clerk and Recorder's Office.
Section 3:
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 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.
Section s:
A public hearing on the ordinance will be held on the 28th day of August, 2006, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10'h day of July, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this 28th day of August, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
100 East Bleeker
Exhibit A
CALCULA nONS:
1) FAR calculation as written in Aspen Municipal Land Use Code:
Lot size + zone district =Allowable FAR
3,000 sq. ft. + R6 = 2,400 sq, ft. Allowable FAR
2) Existine Condition:
Allowable FAR - Total Existing built FAR on property = Available unbuilt FAR
2,400 sq, ft. -1,790 sq.ft. = 610 sq, ft.
3) Unbuilt FAR available after Establishment of2 TDRs:
Unbuilt FAR -- TDR certificates = Available unbuilt FAR after severing 2 TDRs
610 sq. ft. - 2(250 sq. ft.) = 110 sq. ft.
4) Base Allowable FAR for Property after Establishment of2 TDRs
Allowable FAR - TDR certificates = Base Allowable FAR after severing 2 TDRs
2,400 sq, ft. - 2(250 sq. ft.) = 1,900 sq. ft.
5) Available FAR after Approved Rehabilitation and Future Development:
Allowable FAR after TDR Severance- Approved HPC plans for rehab/
development ~ Unbuilt FAR
1,900 sq. ft. - 2,400 sq. ft. = -500 sq. ft.
6) Unbuilt FAR after Completion ofProiect and Utilization of FAR Bonus (contingent
on approval ofTDRs by Council)
Unbuilt FAR after Development of HPC Approved Plans + HPC FAR Bonus =
Unbuilt FAR after Completion of Project,
-500 sq. ft. + 500 sq. ft. FAR bonus = 0 sq. ft.
The existing built condition of the property allows for the establishment of 2 TDR
Certificates. The plans, as approved by HPC, are contingent on the severing of 2 TDR
Certificates, which will enable the project to realize the conditional 500 square foot FAR
bonus granted by HPC, and complete the approved project.
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EXHIBIT C
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
Chris Bendon, Community Development Director
FROM:
Sara Adams, Preservation Planner
RE:
Benefit Program for Properties Listed on the Aspen Inventory of Historic
Sites and Structures
DATE:
August 28, 2006
SUMMARY: This memo offers a response to City Council's mqUlry regarding
incentives offered to historic property owners.
It is undeniable that historic properties visually contribute to the character and
"sense of place" of a community. This fact was nationally recognized in the 1960s with
legislature protecting historic properties, which in the 1970s was reinforced with federal
tax credits and grants for rehabilitation and adaptive use. Financial benefits for historic
properties directly corresponded with an increase of National Register listings from
13,538 to 24,347 in the late 1970s. A clear message was sent to all levels of the
preservation community: monetary benefits encourage preservation and provide the
necessary means for its execution,
Aspen, similar to preservation programs throughout the country, offers incentives
to historic property owners to encourage rehabilitation and high quality design. Due in
large part to the 30+ year old historic preservation program, Aspen boasts an impressive
inventory of historic sites and structures. Among other dimensional variances and
exemptions from aspects of the Land Use Code, historic properties are eligible for the
following: rehabilitation loan; up to an additional 500 square feet of FAR added to the
property; a Historic Landmark Lot Split; and establishment of Transferable Development
Right Certificates (TDRs),
The 500 square foot FAR bonus was adopted as part of the Land Use Code in
1987 as an incentive for rehabilitation and high quality design on historic properties, A
project must fulfill specific criteria to warrant the bonus, which is not always granted or
may be granted for less than 500 square feet. Applicants often work with the Historic
Preservation Commission (HPC) to increase rehabilitation aspects and redesign new
construction to comply with Design Guidelines, which ultimately results in a better
overall project and ensures superior rehabilitation of the historic resource, Owners of
historic properties feel as entitled to the maximum floor area on their site as any other
owner and just attempting to deny their request would cause resentment and the
devaluation of designated landmarks, both of which would negatively affect the future of
the preservation program, Offering an FAR bonus to historic properties requires a give
and take attitude from a preservation perspective and a property owner perspective:
rehabilitation and high quality design for more development rights,
EXHIBIT C
Two benefits are offered to historic properties that function as a release valve for
development pressure. The first is a Historic Landmark Lot Split, which relocates
development pressure to a newly created empty lot adjacent to the historic resource.
Unbuilt FAR is allocated to each lot from the fathering parcel, including an FAR bonus if
granted. The second benefit adopted to relieve development pressure is the Transferable
Development Right (TOR) certificate program. Unused FAR can be severed from the
historic property and sent to a non-historic residential location. The main difference
between a Historic Lot Split and TORs is where the FAR lands: either next to the historic
resource or on appropriate site away from the historic resource, Each scenario alleviates
development pressure from the historic resource,
Benefits available to historic properties in Aspen are co-dependent: each piece,
whether adding FAR as an incentive for rehabilitation or removing FAR to another site,
contributes to the overall goal of preservation. Many communities struggle with an
appropriate formula that combines preservation and compensation, and provides enough
incentive to make preserving resources viable without being detrimental to the property
in question. Aspen is close to a solution for its dynamic preservation formula. The state
of historic properties in Aspen that have utilized preservation benefits speak to the
success of available incentives and the nccessity for preservation "tools" to coalesce in a
project.
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HAAS LAND PLANNING. LLC
June 16,2006
Mrs. Amy Guthrie
Aspen Historic Preservation Planner
130 South Galena Street
Aspen, CO 81611
RE: Application for Establishment of Two (2) Historic Transferable Development
Rights (TDR) for the Spears Sending Site (100 E. Bleeker Street)
Dear Amy:
Please consider this letter to constitute a formal request to establish 100 East
Bleeker Street (Lot K, Block 65, City & Townsite of Aspen; Parcel Identification Number
2735-124-37-005) as a "Sending Site" for two (2) Historic TDR. The proposed sending
site is a 3,000 square foot lot located at the northeast corner of Garmish and Bleeker
Streets and is a designated Historic Landmark. The site is zoned R-6 and is surrounded
by single family residences and the Yellow Brick School. The property is adjoined on
three of its four sides by public rights-of-way: to the east is Garmish Street, to the north is
an alley, and to the south is E. Bleeker Street. The adjacent property to the west is also a
designated historic landmark. A vicinity map (not to scale) showing the location of the
subject property is provided below.
.
Vicinity Map
The allowable FAR floor area for a 3,000 square foot lot in the R-6 zone district is
2,400sf, but since the HPC awarded the subject property a 500sf FAR bonus, 2,900sf of
. 201 N, MILL STREET. SUITE 108 . ASPEN. COLORADO' 81611
. PHONE: (970) 925-7819 . FAX: (970) 925.7395 .
. ,
100 E. Bleeker TDR Sending Site
June 16,2006
Page 2 0[4
FAR floor area is allowed on the subject site, The applicant plans to sever 500sf of this
allowable FAR from the site as a pair of Transferable Development Rights (TDR),
pending approval to do so,
Review Criteria for Establishment of a Historic TDR, Section 26.535.070
A Historic TDR Certificate may be established by the Mayor of the City of Aspen
ifthe City Council, pursuant to adoption of an ordinance, finds all the following standards
met:
A. The Sending Site is a Historic Landmark on which the development of a
single-family or duplex residence is a permitted use, pursuant to Chapter
26.710. Properties on which such development is a conditional use shall
not be eligible.
The proposed sending site is a 3,000 square foot lot located at the northeast comer
of Gannish and Bleeker Streets and is a designated Historic Landmark. The site is zoned
R-6 and single-family residential development is a permitted use.
B. It is demonstrated that the Sending Site has permitted un built development
rights, for either a single-family or duplex home, equaling or exceeding
two-hundred and fifty (250) square feet of Floor Area multiplied by the
number of Historic TDR Certificates requested.
The allowable FAR floor area for a 3,000 square foot lot in the R-6 zone district
(such as the proposed sending site) is 2,400sf. In the subject case, the HPC awarded a
500sf FAR bonus with its conceptual approval of plans for work involving a remodel,
addition, and historic restoration. Consequently, the total allowed FAR on the subject site
is 2,900sf. The HPC-approveil plans r.all for ilevelopment of less than 2,400sf of FAR;
therefore, more than 500sf of FAR available for single-family residential use on the
subject site will be unbuiIt and can accommodate two (2) TDR worth 250sf each.
C. It is demonstrated that the establishment of TDR Certificates will not
create a nonconformity. In cases where nonconformity already exists, the
action shall not increase the specific nonconformity.
Please refer to the response provided for the previous criterion. Development of
the HPC-approved plans will use 1,900 square feet of base allowable FAR, plus the 500sf
FAR bonus awarded by the HPC. This development conforms to the requirements of the
R-6 Zone District, as varied by the HPc. Severing two TDR certificates worth 250sf
each will not create or increase any nonconformities.
D. The ana~vsis of unbuilt development right shall on~v include the actual
built development, any approved development order, the allowable
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. .
100 E, Bleeker TDR Sending Site
June 16, 2006
Page 3 0[4
development right prescribed by zoning, and shall not include the
potential of the Sending Site to gain Floor Area bonuses, exemptions, or
similar potential development incentives.
Please refer to the response provided for the previous criterion. Existing
conditions floor plans and Floor Area calculations have been prepared by Rally Dupps,
AIA, of Consortium Architects. The plans and Floor Area calculations show a total built
Floor Area of 1,790sf, of which 418sf are in a detached garage that is not afforded an
exemption due to lack of alley access, and 1,3 72sf are in the residence.
Development of the HPC-approved plans will use 1,900 square feet of base
allowable FAR, plus most of the 500sf FAR bonus that has been awarded by the HPC.
For purposes of this application, the allowable FAR on the subject site will decrease from
2,400sf to 1,900sf, exclusive of the site's already realized potential to gain Floor Area
bonuses.
E. Any development order to develop Floor Area, beyond that remaining
legally connected to the property after establishment of TDR Certificates,
shall be considered null and void.
The property will not include development of Floor Area beyond that remaining
legally connected to it after establishment of two TDR Certificates. Between the reduced
base FAR of 1,900sf(remaining after severing two TDR) plus the FAR bonus awarded by
the HPC, the approved development order will not involve any more Floor Area than
permissible under this standard.
F. The proposed deed restriction pennanently restricts the development of
the property (the Sending Site) to an allowable Floor Area not exceeding
th., allowance fur a single-family or duplex residence minus twu hundred
and fifty (250) square feet of Floor Area multiplied by the number of
Historic TDR Certificates established. The deed restriction shall not
stipulate an absolute Floor Area, but shall stipulate a square footage
reduction from the allowable Floor Area, as may be amended from time to
time. The Sending Site shall remain eligible for certain Floor Area
incentives and/or exemptions as may be authorized by the City of Aspen
Land Use Code, as may be amended from time to time. The form of the
deed restriction shall be acceptable to the City Attorney.
The sending site will be deed restricted in a marmer acceptable to the City
Attorney such that it will be limited to 500sf less than the allowable Floor Area under
applicablc zoning, as may be amended from time to time, plus any potentially available
Floor An:a bunuses, exemptions, or similar potential development incentives. The deed
restriction will be executed and recorded simultaneous with the closing discussed in the
next standard.
100 E, Bleeker TDR Sending Site
June 16, 2006
Page 40f4
G. A real estate closing has been scheduled at which, upon satisfaction of all
relevant requirements, the City shall execute and deliver the applicable
number of Historic TDR Certificates to the Sending Site property owner
and that property owner shall execute and deliver a deed restriction
lessening the available development right of the subject property together
with the appropriate fee for recording the deed restriction with the Pitkin
County Clerk and Recorder's Office.
The requirements of this standard have been read and understood by the applicant
and her legal counsel. It is requested that the closing be scheduled for a date as soon after
adoption of the approval ordinance as practicable.
H. It shall be the responsibility of the Sending Site property owner to provide
building plans and a zoning analysis of the Sending Site to the satisfaction
of the Community Development Director. Certain review fees may be
required for the confirmation of built Floor Area.
The sending site property owner will provide building plans and a zoning analysis,
to the extent required by the Community Development Director, with the building permit
application set for development of the HPC approved plans. The building application
permit set will clearly demonstrate that the project's total FAR will not exceed that
allowed after severing of the two TDR. Existing built FAR is 1,790sfas demonstrated on
the accompanying existing conditions floor plans.
We hope the information and responses provided above prove helpful in your
review, and we look forward to working with you toward approving this worthy
application. If you should have any questions or desire any additional information, please
clo not h~~itnt~ to c.ontnc.t m~,
Yours truly,
Haas Land Planning, LLC
Mitch Haas, AICP
Owner/Manager
c: My Documents/City ApplicationslHPC Applications/SpearslTDR Application
DEED RESTRICTION AND AGREEMENT FOR ESTABLISHMENT OF
HISTORIC TRANSFERABLE DEVELOPMENT RIGHT
PURSUANT TO ASPEN CITY COUNCIL
ORDINANCE # _, SERIES OF 2006
THIS DEED RESTRICITON AND AGREEMENT is made and entered into this
day of , 2006, by Nancy M. Spears, (hereinafter referred to as "Owner"), whose
address is P.O. Box , Aspen, CO 81612, located in the City of Aspen, State of
Colorado, and The City of Aspen, a body politic and corporate pursuant to its Home-Rule
Charter and the Constitution of the State of Colorado, acting through its City Council,
(hereinafter the "City");
WITNESSETH
WHEREAS, Owner owns real property more specifically described Lot K, Block 65,
City and Townsite of Aspen; Parcel ID 2735-124-37-005, Pitkin County, Colorado, also known
as 100 East Bleeker Street, Aspen, (hereinafter referred to as "Real Property"), which Real
Property is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code
("City Code"); and
WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with
Section 26.535.040 of the City Code, and supplied the necessary application materials identified
in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the
City Code; and
WHEREAS, The Community Development Department has reviewed Owner's
application according to the review standards identified in 26.535.060 of the City Code, and has
recommended approval of the application and the establishment of two (2) Historic TDR
Certificates as set forth herein; and
WHEREAS, City Ordinance No._, Series of2006 dated July _,2006 (the
"Ordinance"), approves the establishment of the above referenced Historic TDR Certificates, and
requires that a Deed Restriction be recorded in real property records of Pitkin County,
designating the Real Property as a Sending Site and permanently restricting the development of
the Real Property (the Sending Site) to an allowable Floor Area not exceeding the allowance for
a single-family residence minus two hundred and fifty (250) square feet of Floor Area multiplied
by the number of Historic TDR Certificates established; and
WHEREAS, in consideration of the establishment of two Historic TDR Certificates
pursuant to the Ordinance and City Code, Owner agrees to restrict the Real Property as set forth
herein.
NOW, THEREFORE, in consideration of the mutual promises and obligations contained
herein, Owner and the City hereby covenant and agree as follows:
Draft TDR Deed Restriction.doc
I
I. Development of the Real Property (the Sending Site) is hereby permanently
restricted to an allowable Floor Area not exceeding the allowance for a single-
family residence as otherwise permitted by the City Code on the Real Property,
minus five hundred (500) square feet, that being two hundred fifty (250) square
feet of Floor Area multiplied by the two Historic TOR Certificates hereby
established.
2. In consideration of the foregoing, and pursuant to the City Code and the
Ordinance, the City shall cause the issuance of two (2) Historic TOR Certificates,
executed by the Mayor, each allowing the development of an additional two
hundred fifty (250) square feet of Floor Area on a Receiver Site to be determined
pursuant to the City Code. These Historic TOR Certificates may be sold,
assigned, transferred, or conveyed. Transfer oftitle shall be evidenced by an
assignment of ownership on the actual certificate document. Upon transfer, the
new owner may request the City re-issue the certificate acknowledging the new
owner. Reissuance shall not require adoption of a new ordinance. The market for
such Historic TOR Certificates shall remain unrestricted and the City shall not
prescribe or guarantee the monetary value of any Historic TOR Certificates.
3. This deed restriction shall not be construed to stipulate an absolute Floor Area on
the Real Property, but only a square footage reduction from the allowable Floor
Area, as that allowable Floor Area may be amended from time to time.
4. The Real Property (Sending Site) shall remain eligible for Floor Area incentives,
bonuses and/or exemptions as may be authorized by the City Code, as it may be
amended from time to time.
5. This restriction may be modified only in a writing signed by both the Owner and
the City.
6, Unless modified as stated above, this Agreement shall constitute a covenant
running with the Real Property as a burden thereon for the benefit of, and shall be
specifically enforceable by, the City Council of the City of Aspen by any
appropriate legal action including, but not limited to, injunction or abatement.
[SIGNATURES ON FOLLOWING PAGES]
Draft TOR Deed Restriction.doc
2
APPROVAL OF CITY ATTORNEY
By:
John P. Worcester, City Attorney
THE CITY OF ASPEN, COLORADO
a body politic and corporate pursuant to
its Home-Rule Charter and the Constitution of the State of Colorado
By: Date:
Helen Klanderud, Mayor
ST ATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
,200_, by
day of
Witness my hand and official seal.
My commission expires:
Notary Public
Draft TDR Deed Restriction.doc
4
IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and
year above first written.
OWNER:
By:
Nancy M, Spears
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
,200_, by
day of
Witness my hand and official seal.
My commission expires:
Notary Public
Draft TDR Deed Restriction.doc
3
AFFIDAVIT OF
CITY OF ASPEN TRANSFERABLE DEVELOPMENT RIGHT (TDR) SENDING SITE OWNER
REQUIRED BY SECTION 26.S3S.090(A)(2), ASPEN LAND USE CODE
STATE OF COLORADO )
) 55.
County of Pitkin )
I, Nancy Spears, being the owner of the property located at 100 East Bleeker Street (Lot K, Block 65, City &
Townsite of Aspen, State of Colorado) in the City of Aspen, Colorado (hereinafter "the Property"), and being an
Applicant to the City of Aspen, Colorado, for the establishing the Property as a Sending Site for two (2) historic
transferable development rights do hereby personally certify that I acknowledge the following:
a. A deed restriction will permanently encumber the Sending Site and restrict the Property's
development rights to below that allowed by right by zoning according to the number of Historic
TDR Certificates established from that Sending Site; and,
b. For each certificate of development right issued by the City for the Sending Site, the Property shall
be allowed two-hundred and fifty (250) square feet less of Floor Area, as permitted according to the
property's zoning, as amended; and,
c. The Sending Site property owner shall have no authority over the manner in which the certificate of
development right is used by subsequent owners of the Historic TDR Certificate(s).
The foregoing "Affidavit of City of Aspe~le Development Right (TDR) Sending Site Owner" was
acknowledged befor ayof , 200b , by Nancy Spears, Owner.
"+ ~:..';..Fi....~-f-
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Notary Public
Land Use Application
~
THE em or AsPEN
PROJECr:
Name:
Location:
(Indicate street address, lot & block number or metes and bounds description ofpropeny)
ParcellD # (REQUIRlID) Zf$ "1:2L\~ :5>1'- ()()'5
Name:
Address:
Phone #:
(Pl::L
REPRESENTATIVE:
Name:
Address:
Phone #;
TYPE' OF ApPLlCA TIQN: lease check all that a I
o Historic Designlltion
o Certificate of No Negative Effect
CI Cemficllte of Appropriateness
D., -Minor Ristoric Development
o -Major Historic Development
o -Coneeptualllistoric Development
o -Final Historic Development
-Substantial Amendment
l3-mail:
E-mail:
D ~loC!ltiQn(t~ratJl!!!J'10ton:-site) I
D~olif;ion(~u..m'!~~)
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P1to~AL: desc' lion of TO osedl:l1-lildin S, uses, modifications. etc.
so: ~{,ICAli(lt\ 1ExT~ ~ S~ 5oi?MIlW ~ tift: ~fV....S
~ETAIN fOR PERl.V,H~itT RECOI'D
June 15,2006
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611-1975
Re: 100 East Bleeker Street (Lot K, Block 65, City & Townsite of Aspen;
Parcel ID 2735-124-37-005) Establishment as a TDR Sending Site
To whom it may concern:
I hereby authorize Haas Land Planning, LLC, to submit and process
an application for the above-captioned approval with respect to my property
located at 100 East Bleeker Street.
Should you have any need to contact me during the course of your
review, please do so through Haas Land Planning, LLC, whose address,
telephone and fax numbers, and email address are provided in the
application.
Sincerely,
N,"'~~
CITY OF ASPEN COl\JMUNITYDEVELOPMENT DEPARTMENT
Altteemehtfor pavment of CitY of Asoen neve!onmehtAoolicatienFeos
CITY OF ASPEN (hereinafter CITY) and Nancv M.lIDo8IS (hereinafter APPliCANT) AGREE AS FOLLOWS:
1. APl'L1CANT!\as submitted to CITY an'!PPlication for' 6mi3U?l1-'.le, ~ K'2J::, '3\?~"Il~ :;;/'-6
(hereinafter, THE PROJECT).
2. APPliCA1irr understands and agreea that City ilf Aspen Ordinance No. 57 (Series of20<lO) establishes
a fee stnlclur.ffor Land Uae.lIJIPlications and the paymentof all processing fees is a condition precedent l<l a
determination of application completeness.
3. APPLICANT and CITY agree that because of the size, naturew scope ofihe proposed project, it is not
possible al ibis time l<l asCOltllin the full extent of the costs involved in proceasing ihec/!PPlicatlon. APl'LICANT
and CITY iUttber agree that iUs in the interest ofiho parties that APPllCANt ~e payment of an "J,>Osit
and to ihoteaftcr permit adllitional costs to be billed to APPliCANT on a monthly basis. APPll
additional oostnnaY'lloct'llll-fulIowing their hearings and/or approvals. APl'UCA1irr agrees he'Wlll be filed by
retaining greater <.llIsh 1if{IIi<hiy and will make additional paymenlS npon notiilcatlnn by Ihe c..:tl\' wb<.ll\lhey are
necessary as tllSlS are inl:tured. CITY agreea it will be benefited ihrough the greater certainty of reeovoting its full
costa to process APPliCANT'S application.
4. Cl'TY'-and APPLICANT further ajl!OO that ilis impracticable for CITY staff to complell> processin,g or
present sufficient infonnation to iho Planning Commission.andlor City Council to enable iho P1anniIIg ~llSion
andlor City Counclll<l1lllllallegally requir~d (mdings for project consideration, lll1iess cnrront bilf'lfigs are'Pald iiI
full prior to deciSiOn.
5. Th~lefule, APPUCANT agrees that in consideration ofiho CITY's waivt\' "filS righUQ OQ~ct full
fees prior to a deternJinalion of application compl~, APPLICANT "Shall pay an ;";"_1 depositiil the S'/l1!l'UIll. of
$ 1,3.50.~ whi<:hJs for~X" [It.) hours of Connnunity DevelopmentstafflUne,and ifactualreCordedCOSlS
excetllll1e lnitial d"J.'OS it, APPLICANT shall pay adllitional monthly bMi,ngS to Cfl~ l<l ff.in;iblllle iheCITY foriho
proce<sj"g ofiheapplication ~tlooed above.,inc1nding (lQSt aRprova! ~.ta ~fl:ofc$nO.OO petpl~ hliur
over the .initialdl\i?l'ait. BUell periQdic payme11lS shall "" tnade Within 30 dl!YIl oftheWIDll dlIt!:. APPUC'ANf
furtlu:lr agrees tliatWlute to ~ Jlueh accmed costs shall be grpunlls foUnipelisWI1 ofp,ro~sint and W.1lO case
will building l'ermlts"bc issued Ullill all costs associated wilh case processing have boon paid.
mU~T~
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7~/..-'-.-A-' -
Bill To Mailing Adclress al1d Telephone Number:
CITY Of ASI'EN
Dy:
ChiisBendoil.
Commwnty Development Director
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g.\su~o~\!~~s\agrpaya..doc
02{01{06
RET~FORPEroiAX~~TR~CORD
Vllle
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
THRU:
Chris Bendon, Community Development Director
~\\W)
FROM:
Sara Adams, Historic Preservation Planner~
RE:
403 West Hallam Street- Establishment of Two (2) Historic Transferable
Development Righi Certificates, Second Reading of Ordinance # 32 Series of
2006.
DATE:
August 28, 2006
SUMMARY: The application before the City Council is for the establishment of two Historic
Transferable Development Right (TOR) Certificates. Each TOR comprises 250 square feet of
Floor Area. The purpose of a TOR is to encourage the preservation of Historic Landmarks
within the City of Aspen by permilling those property owners to sever and convey, as a separate
development right, undeveloped Floor Area to be developed on a different and non-historic
property within the City of Aspen. The program enables standard market forces, and the demand
for residential Floor Area, to accomplish a community goal of preserving Aspen's heritage as
reOected in its built environment. Funds that are gained from the sale of TORs may be invested
back into the landmark.
The proposed "sending site" is a miner's cottage constructed before 1893, and is listed on the
Aspen Inventory of Historic Sites and Structures. The historic property comprises a 4,500 square
foot lot located among a number of other Victorian era homes.
The issuance of two TOR certificates to the sending site of 403 West Hallam Street, will remove
a lotal of 500 square feet of developable Floor Area from the historic property, thereby reducing
the base allowable FAR, as per zoning, (excluding bonuses) from 2,820 to 2.320 square feet.
City Council members expressed concern about the application at first reading; therefore
Staff compiled a breakdown of calculations to provide clarification and serve as a reference
in Exhibit A, and added a visual analysis in Exhibit B.
Staff recommends that City Council validate and issue two Historic Transferable Development
Right Certiticates (250 square feet of FAR each) to the "sending site" of 403 West Hallam
Street. The review criteria are met and TOR certiticates are a good tool for preserving a
historic resource by reducing developmenl pressure.
APPLICANT: Stanley Gibbs and Mary Janss, owners.
PARCEL ID: 2735-124-33-005.
ADDRESS: 403 West Hallam Street, Lots I and the east \I, of Lot H, Block 36, City and Townsite
of Aspen, Colorado.
ZONING: R-6, Residential
TRANSFERABLE DEVELOPMENT RIGHTS (TDR)
In order to complete the establishment of Historic Transferable Development Rights, the
applicant shall meet the following requirements listed in Section 26.535.070 of the Aspen Land
Use Code.
Section 26.535.070 REVIEW CRITERIA FOR ESTABLISHMENT OF HISTORIC TRANSFERABLE
DEVELOPMENT RIGHT.
A Historic TDR Certificate may be established by the Mayor of the City of Aspen if the City
Council, pursuant to adoption of an ordinance, finds all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a single-
family or duplex residence is a permitted use, pursuant to Chapter 26. 7I O.
Properties on which such development is a conditional use shall not be eligible.
Staff Finding:
The proposed 4,500 square foot sending site is located within the R-6 zone district, which allows
residential single-family use. The sending site is a designated Historic Landmark, listed on the
Aspen Inventory of Historic Landmark Sites and Structures.
b) It is demonstrated that the Sending Site has permitted unbuilt development rights,
for either a single-family or duplex home, equaling or exceeding two-hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic TDR
Certificates requested.
Staff Finding:
The subject property has an allowable FAR of 2,820 square feet for a 4,500 square foot property
in lhe R-6 zone district. The applicant received HPC approval for a project that they have chosen
10 construct in phases. The recently completed construction has utilized 1,831.9 square feet of
FAR, which provides 988.1 square feet of remaining FAR for a single-family residence. Two
TORs of 250 square feet each are eligible for establishment, which would reduce the remaining
unbuilt FAR to 488.1 square feet.
c) It is demonstrated that the establishment of TDR Certificates will not create a
nonconformity. In cases where nonconformity already exists, the action shall not
increase the specific nonconformity.
2
Staff Finding:
The establishment of two TORs will not increase the existing non-conformity: the garage, an
older structure, encroaches on the alley. No new non-conformities will be created.
d) The analysis of unbuilt development right shall only include the actual built
development, any approved development order the allowable development right
prescribed by zoning, and shall not include the potential of the Sending Site to gain
Floor Area bonuses, exemptions, or similar potential development incentives.
Staff Finding:
This is a two part analysis: I) actual built development, i.e. the existing condition of the property
and 2) analysis of approved development orders.
I) The total exisling built FAR on the property is 1,831.9 square feet out of an allowable FAR of
2,820 square feet, leaving a remainder of 988.1 square feet of unbuilt FAR. After severing lwo
250 square foot TOR certificates, 488.1 square feet of un built FAR will remain on the property.
2) The zoning allows a maximum of2,820 square feet of FAR on the subject property. The HPC
approved development is 2,658 square feet. Severance of 2 TORs will result in an allowable
FAR of 2,320 square feet, which produces a deficit of 338 square feet of FAR on the property
while simultaneously allowing the use of lhe 350 square foot FAR bonus. As stated in part d
above, the potential of the sending site to gain an FAR bonus is not included in the analysis of
unbuilt development rights because the bonus is contingent on the severing of 2 TORs, which
have yet to be approved by Council. Therefore, the potential of the property to gain an FAR
bonus is not realized.
e) Any development order to develop Floor Area, beyond that remammg legally
connected to the property after establishment of TDR Certificates, shall be
considered null and void.
Staff Finding:
The property will not include any development order to develop Floor Area beyond that
remaining legally connected to the property after the establishment of two TOR certificates.
Between the reduced base FAR of 2,320 square feet and the awarded 350 square foot bonus for
approved development, the approved development order will not involve any more Floor Area
than permissible under this standard.
f) The proposed deed restriction permanently restricts the development of the property
(the Sending Site) to an allowable Floor Area not exceeding the allowance for a
single:family or duplex residence minus two hundred and fifty (250) square feet of
Floor Area multiplied by the number of Historic TDR Certificates established. The
deed restriction shall not stipulate an absolute Floor Area, but shall stipulate a
square footage reduction from the allowable Floor Area, as may be amended from
time to time. The Sending Site shall remain eligible for certain Floor Area
3
incentives and/or exemptions as may be authorized by the City of Aspen Land Use
Code, as may be amended from time to time. Theform of the deed restriction shall
be acceptable to the City Attorney.
Staff Finding:
The applicant clearly states an understanding of this standard (t) in the application.
g) A real estate closing has been scheduled at which, upon satisfaction of all relevant
requirements, the City shall execute and deliver the applicable number of Historic
TDR Certificates to the Sending Site property owner and that property owner shall
execute and deliver a deed restriction lessening the available development right of
the subject property together with the appropriate fee for recording the deed
restriction with the Pitkin County Clerk and Recorder's Office.
Staff Finding:
The application states lhat the requirements of section (g) are understood by lhe applicant.
h) It shall be the responsibility of the Sending Site property owner to provide building
plans and a zoning analysis of the Sending Site to the satisfaction of the
Community Development Director. Certain review fees may be required for the
confirmation of built Floor Area.
Staff Finding:
The application demonstrates a clear understanding of the requiremenls of section (h).
RECOMMENDATION: Staff recommends that Council approve Ordinance # 32, Series of
2006, the request for two Historic Transferable Development Righi Certificates for the sending
sile located at 403 West Hallam Street on Second Reading.
RECOMMENDED MOTION: "I move 10 approve Ordinance # 32, Series of2006, upon
second reading."
CITY MANAGER COMMENTS:
Exhibits:
Exhibit A - Calculations
Exhibit B - Visual Analysis
Exhibit C - Summary of Benefits for historic properties
Exhibit D - Drawings
Exhibit E - Application
4
ORDINANCE NO. 32
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL ESTABLISHING TWO (2)
250 SQUARE FEET OF FLOOR AREA HISTORIC TRANSERABLE
DEVELOPMENT RIGHT CERTIFICATES FOR THE SENDING SITE OF 403 W.
HALLAM STREET, LOTS I AND THE EAST Y, OF LOT H, BLOCK 36 CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
ParcellD #: 2735-124-33-005.
WHEREAS, the applicant, Stanley Gibbs and Mary Janss, have requested the
establishment of two (2) Historic Transferable Development Right Certificates for the
sending site located at 403 W. Hallam Street, Lot I and the East Y2 of Lot H, Block 36,
City and Townsite of Aspen, Colorado; and
WHEREAS, in order to establish a Historic Transferable Development Right Certificate,
the applicant shall meet the following requirements of Aspen Municipal Code: Section
26.535.070 which is as follows:
26.535.070, Review Criteria for the Establishment of Historic Transferable
Development Ril!ht.
A Historic TDR Certificate for 250 square feet of Floor Area may be established by the
Mayor of the City of Aspen if the City Council, pursuant to adoption of an ordinance,
finding all the following standards met:
a) The Sending Site is a Historic Landmark on which the development of a
single-family or duplex residence is a permitted use, pursuant to Chapter
26.710. Properties on which such development is a conditional use shall not
be eligible.
b) It is demonstrated that the Sending Site has permitted un built development
rights, for either a single-family or duplex home, equaling or exceeding
two-hundred and fifty (250) square feet of Floor Area multiplied by the
number of Historic TDR Certificates requested.
c) It is demonstrated that the establishment of TDR Certificates will not create
a nonconformity. In cases where nonconformity already exists, the action
shall not increase the specific nonconformity
d) The analysis of unbuilt development right shall not only include the actual
built development, any approved development order the allowable
development right prescribed by zoning, and shall not include the potential
of the Sending Site to gain Floor Area bonuses, exemptions, or similar
potential development incentives
e) Any development order to develop Floor Area, beyond that remaining
legally connected to the property after establishment of TDR Certificates,
shall be considered null and void.
1) The proposed deed restriction permanently restricts the development of the
property (the Sending Site) to an allowable Floor Area not exceeding the
allowance for a single-family or duplex residence minus two hundred and
fifty (250) square feet of Floor Area multiplied by the number of Historic
TDR Certificates established. The deed restriction shall not stipulate an
absolute Floor Area, but shall stipulate a square footage reduction from the
allowable Floor Area, as may be amended from time to time. The Sending
Site shall remain eligible for certain Floor Area incentives and/or
exemptions as may be authorized by the City of Aspen Land Use Code, as
may be amended from time to time. The form of the deed restriction shall
be acceptable to the City Attorney.
g) A real estate closing has been scheduled at which, upon satisfaction of all
relevant requirements, the City shall execute and deliver the applicable
number of Historic TDR Certificates to the Sending Site property owner and
that property owner shall execute and deliver a deed restriction lessening
the available development right of the subject property together with the
appropriate fee for recording the deed restriction with the Pitkin County
Clerk and Recorder's Office.
h) It shall be the responsibility of the Sending Site property owner to provide
building plans and a zoning analysis of the Sending Site to the satisfaction
of the Community Development Director. Certain review fees may be
required for the confirmation of built Floor Area.
WHEREAS, the Community Development Director reviewed and recommended
approval of the application, finding that the applicable review standards have been met;
and,
WHEREAS, pursuant to Sections 26.535.040 of the Municipal Code, the City
Council may establish Historic Transferable Development Rights during a duly noticed
public hearing after taking and considering comments from the general public and
recommendations from the Community Development Director; and
WHEREAS, the City Council finds that the application meets or exceeds all
applicable standards and that the establishment of Historic Transferable Development
Rights is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds thai 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 I
The City Council finds that the application meets all required standards and eligibility as
stated in Section 26.535.030 and Section 26.535.070, and applicant's submission is
complete and sufficient to afford review and evaluation for approval; and
Section 2
The City Council does hereby establish two (2) Historic Transferable Development
Rights of 250 square feet of Floor Area to the sending site located at 403 W. Hallam
Street, Lots I and the east y, of Lot H, Block 36, City and Townsite of Aspen, Colorado
with the following conditions:
I. Upon satisfaction of all requirements, the city and the applicant shall establish
a date on which the respective Historic TOR Certificates shall be validated
and issued by the City and a deed restriction on the property shall be accepted
by the City and filed with the Pitkin County Clerk and Recorder.
2. On the mutually agreed upon date, the Mayor of the City of Aspen shall
execute and deliver the applicable number of Historic TOR Certificates to the
property owner and the property owner shall execute and deliver a deed
restriction lessening the available development right of the Sending Site (403
West Hallam Street, Lots I and the east Y, of Lot H Block 36 City and
Townsite of Aspen) by 500 square feet together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's
Office.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed 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.
Section 5:
A public hearing on the ordinance will be held on the 28th day of August, 2006, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10th day of July, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALL Y, adopted, passed and approved this 28th day of August, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney
403 West Hallam
Exhibit A
CALCULA nONS:
I) FAR calculation as written in Aspen Municipal Land Use Code:
Lot size + zone district =Allowable FAR
4,500 sq. ft. + R6 = 2,820 sq. ft. Allowable FAR
2) Existinl!: Condition:
Allowable FAR - Total Existing built FAR on property = Available unbuilt FAR
2,820 sq. ft. - 1831.9 = 988.1 sq. ft.
3) Unbuilt FAR available after Establishment of2 TDRs:
Unbuilt FAR - TDR certificates = Available unbuilt FAR after severing 2 TDRs
988.1 sq. ft. - 2(250 sq. ft.) = 488.1 sq. ft.
4) Base Allowable FAR for Property after Establishment of2 TDRs
Allowable FAR - TDR certificates = Base Allowable FAR after severing 2 TDRs
2,820 sq. ft. - 2(250 sq. ft.) = 2,320 sq. ft.
5) Available FAR after Approved Rehabilitation and Future Development:
Allowable FAR after TDR Severance - ( Approved HPC plans for rehab/
development Phase I + Phase II) = Unbuilt FAR
2,320 sq. ft.-(1831.9+ 826.1)= -338 sq. ft.
6) Unbuilt FAR after Completion of Proiect and Utilization of FAR Bonus (contingent
on approval ofTDRs bv Council)
Unbuilt FAR after Development ojHPC Approved Plans + HPC FAR Bonus =
Unbuilt FAR after Completion of Project.
-338 sq. ft. + 350 sq. ft. FAR bonus = 12 sq. ft.
The existing built condition of the property allows for the establishment of 2 TDR
Certificates. The plans, as approved by HPC, are contingent on the severing of 2 TDR
Certificates, which will enable the project to realize the conditional 350 square foot FAR
bonus granted by HPC, and complete the approved project.
EXHIBIT C
MEMORANDUM
TO:
Mayor Klanderud and Aspen City Council
TURU:
Chris Bendon, Community Development Director
FROM:
Sara Adams, Preservation Planner
RE:
Benefit Program for Properties Listed on the Aspen Inventory of Historic
Sites and Structures
DATE:
August 28, 2006
SUMMARY: This memo offers a response to City Council's inquiry regarding
incentives offered to historic property owners.
It is undeniable that historic properties visually contribute to the character and
"sense of place" of a community. This fact was nationally recognized in the 1960s with
legislature protecting historic properties, which in the 1970s was reinforced with federal
tax credits and grants for rehabilitation and adaptive use. Financial benefits for historic
properties directly corresponded with an increase of National Register listings from
13,538 to 24,347 in the late 1970s. A clear message was sent to all levels of the
preservation community: monetary benefits encourage preservation and provide the
necessary means for its execution.
Aspen, similar to preservation programs throughout the country, offers incentives
to historic property owners to encourage rehabilitation and high quality design. Due in
large part to the 30+ year old historic preservation program, Aspen boasts an impressive
inventory of historic sites and structures. Among other dimensional variances and
exemptions from aspects of the Land Use Code, historic properties are eligible for the
following: rehabilitation loan; up to an additional 500 square feet of FAR added to the
property; a Historic Landmark Lot Split; and establishment of Transferable Development
Right Certificates (TDRs).
The 500 square foot FAR bonus was adopted as part of the Land Use Code in
1987 as an incentive for rehabilitation and high quality design on historic properties. A
project must fulfill specific criteria to warrant the bonus, which is nol always granted or
may be granted for less than 500 square feet. Applicants often work with the Historic
Preservation Commission (HPC) to increase rehabilitation aspects and redesign new
construction to comply with Design Guidelines, which ultimately results in a better
overall project and ensures superior rehabilitation of the historic resource. Owners of
historic properties feel as entitled to the maximum floor area on their site as any other
owner and just attempting to deny their request would cause resentment and the
devaluation of designated landmarks, both of which would negatively affect the future of
the preservation program. Offering an FAR bonus to historic properties requires a give
and take attitude from a preservation perspective and a property owner perspective:
rehabilitation and high quality design for more development rights.
EXHIBIT C
Two benefits are offered to historic properties that function as a release valve for
development pressure. The first is a Historic Landmark Lot Split, which relocates
development pressure to a newly created empty lot adjacent to the historic resource.
Unbuilt FAR is allocated to each lot from the fathering parcel, including an FAR bonus if
granted. The second benefit adopted to relieve development pressure is the Transferable
Development Right (TOR) certificate program. Unused FAR can be severed from the
historic property and sent to a non-historic residential location. The main difference
between a Historic Lot Split and TORs is where the FAR lands: either next to the historic
resource or on appropriate site away from the historic resource. Each scenario alleviates
development pressure from the historic resource.
Benefits available to historic properties in Aspen are co-dependent: each piece,
.
whether adding FAR as an incentive for rehabilitation or removing FAR to another site,
contributes to the overall goal of preservation. Many communities struggle with an
appropriate formula that combines preservation and compensation, and provides enough
incentive to make preserving resources viable without being detrimental to the property
in question. Aspen is close to a solution for its dynamic preservation formula. The state
of historic properties in Aspen that have utilized preservalion benefits speak to the
success of available incenlives and the necessity for preservation "tools" to coalesce in a
project.
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PROJECl':
Name:
Location:
Parcel ID #
Land Use Application
.
THB em OF AsPEN
TA-t/S) /618B5: R(;:S r'))eNCe
.y'o:5 W. t-f1t/-U.-/fl1A sr, ;:fff'c-V Co
(]I-(L 3i 1-0-,- J -4- ~ 0..-- 'f/o-r H
(Indicate street addnlss, lot &. block number or metes and bounds description of property)
(REQUIRED) ;J7'3S'" -!;It./- 3s~OOS'
APPLICANT:
Name:
Address:
Phone #:
s{7ffJU-Y /1A. GIBBS f- 111#1.:r7f,v.fS
.l/G>.~ w, ~ Jr: /ts1/e;.1/, C.v. ~/6IJ-!ZVt/
7v- w-Zl1..z-- Fax#: .5'7;1?.21~~,)'7~'1.-E-~:,5 '1. ikhs(9)h
. eo#!
REl'Rl:SENTATIVE:
Name:
Address:
Phone #:
Fax#:
E-mail:
TYPE OF APPUCATION: check all that
o Historic Designation
o Certificate of No Negative Effect
o Certificate of Appropriateness
o -Minor Historic Development
o -Major Historic Development
o -Conceptual Historic Development
o -FmaI Historic Development
o -Substantial Amendment
o Relocation (temporary, on or off-site)
o Demolition (total demolition)
o Historic Landmark Lot Split
~ T7>~
etc.
0Y",,- ~ ~
e.
PROPOSAL: .. of
--
C S'TJ9(/ '-"H
RETAIN FOR PERJWlEM'T RfCOIU)
FEES DUE: $
I'3S0.07?
r
General Information
, Please check the appropriate boxes below and submit this page along with your application. This information will
YES NO
'1
~
o
o
o
~
-
x
help us review your plans and, if necessary, coordinate with other agencies that may be involved
Does the work you are planning include exterior work; including additions, demolitions, new
construction, remodeling, rehabilitation or restoration?
Does the work you are planning include interior work; including remodeling, rehabilitation, or
restoration?
Do you plan other future changes or improvements that could be reviewed at this time?
In addition to City of Aspen approval for a Certificate of Appropriateness or No Negative Effect
and a building permit, are you seeking to meet the Secretary of the Interior's Standards for
Rehabilitation or restoration of a National Register of Historic Places property in order to qualify
for state or federal tax credits?
o ~ If yes, are you seeking federal rehabiIitation investment tax credits in conjunction with this
project? (Only income producing properties listed on the National Register are eligible.
Owner-occupied residential properties are not.)
x- 0 If yes, are you seeking the Colorado State Income Tax Credit for Historical Preservation?
Please check all City of Aspen Historic Preservation Benefits which you plan to use:
o Rehabilitation Loan Fund 0 Conservation Easement Program 0 Dimensional Variances 0 Increased
Density 0 Historic Landmark Lot Split 0 Waiver of Park Dedication Fees 0 Conditional Uses 0
Exemption from Growth Management Quota System )n'ax Credits
Dimensional Requirements Form
(Item #110 on the submittal requirements key. Not necessary for all projects.)
,/05 w /-M-u-~ -:1.41<A"'f - 61$&S 1&"!/1>E:7t/c.~
S/7t7V{;e:Y G18'&5'
.Jr'oJ fA), ~ . ,tfrJ'?~"'/
;MCP/UItA !:>e"J/>I'fY !f!l::~/.be7VT11'}-(..;- ,eC
..14_ ~(; k _/ O?>
4 }P-f7
(For the purposes of calculating Floor Area, Lot Area may be reduced for areas within
the high water mark, ea!Jem"!l1f~, and steep slopes. Please refer to the definition of Lot
Area in the Municipal Code.)
Project:
Applicant:
Project
Location:
Zone
District:
Lot Size:
Lot Area:
Existing:
Existing:
Existing:
Proposed:
Proposed:
Proposed:
Conunercial nct leasable:
Number of residential units:
Number ofbedrooms:
Proposed % of demolition:
(
3
DIMENSIONS: (write nla where no requirement exists in the zone district)
Floor Area: Existing: / f3/.1 Allowable: 2~ Ztl Proposed:
Existing: 20' '3 ~Allowable:
Existing: AI fr Allowable:
,
Existtng: ( Required:
Existtng: Required:
Existing: pin Required:
~ "
Front Setback: Existing: 16 '. .J.~ Required:
Rear Selback: ExiSting:tAt~quired:
Combined FrontlRear: /' I ~
, 1/
Indicate N. S. E. W tV Existing:!/' ~ zJN Required:
Side Selback: t!" Existtng::-::::::t:i; Required:
Side Setback: W Existing: ~ 1 Required:
Combined Sides: Existing: 3 I Required:
Hei2ht
Principal Bldg.:
Accessory Bldg.:
On-Site parking:
% Site coverage:
% Open Space:
Distance between
bujldi"!Y':
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
Proposed:
;-
Existing: .,
Proposed:
Required:
Existing non-confonnitie}or encroachments and note if encroachment licenses have been issued:
a~ ~ 81'\~.Jl/a~"{'_
V ariatio requested (identify the exact variances needed):
.,1
BUILDING AREA
HOUSE GROUND FLOOR: (943.9 SF EXTG.)
AS PROPOSED:
LIVING 1076.5 SF
STORAGE 4.9 SF
1,081.4SFTIL
1,079.0 SF FAR
2ND FLOOR: (534.0 SF EXTG.)
AS PROPOSED:
LIVING 436.6 SF
STORAGE 236.3 SF
672.9 SF TIL
554.8 SF FAR
BASEMENT: ( 228 SF EXTG.)
AS PROPOSED 966.3 SF
AREA OF BASEMENT PERIM. 1,404 SF
AREA OF EXPOSED BASEMENT = 133 SF
= 9.5 % OF TOTAL AREA
966.3 SF TIL
91.8 SF FAR
~:
TOTAL HOUSE AREA 2,720.6 SF
-v TOTAL HOUSE FAR 1,725.6SFFAR
TOTAL GARAGE AREA 462.6 SF
250 SF EXEMPT REMAINDER @ 50 %
GARAGE FAR = 106.3 SF FAR
-----l7 TOTAL FAR 1,831.9 SF
ALLOWABLE AREA:
BASE ALLOWABLE AREA :
LOT AREA = 4,500 SF
BASE ALLOW. AREA = 2,820 SF
REMAINING BASE ALLOWABLE 988.1 SF
BONUS UP TO 350 SF (PER HPC APPROVAL)
REMAINING ALLOWABLEINCUDlNG BONUS 1338.1 SF
1--
Response to Review Criteria for Establishment of a Historic Transferable Development
Right, section 26.535.070 of Aspen Land Use Code.
Project: 403 W. Hallam St, Aspen
A) Sending site is on the list of historic properties.
B) Current development will leave 1338 sq. ft. of un-built FAR, which includes 350
sq. ft. granted by HPC during the review process. Two TDR certificates are being
requested, which would leave 1338 - 500 = 838 sq. ft. FAR.
C) Nonconformity??
D) The analysis does include the 350 sq. ft. previously granted by HPC because that
FARis being consumed by the current construction.
E) Ok.PF) This is understood.
G) Ok.
H) Ok.
- -I
Affadavit
The undersigned owner of the property located at 403 W. Hallam St., Aspen, CO,
acknowledges the following in relation to the issuance of historic TDR certificates
established from this Sending Site:
I) A deed restriction will permanently encumber the Sending Site and restrict that
property's development rights to below that allowed by right by zoning according
to the number of Historic TDR Certificates established from that Sending Site.
2) For each certificate of development right issued by the City for the particular
Sending Site, that property shall be allowed two hundred and fifty (250) square
feet less of Floor Area, as permitted according to the property's zoning, as
amended.
3) The Sending Site property owner shall have no authority over the manner in
which the certificate of development right is used by subsequent owners of the
Historic TDR Certificate.
Signed this
day of May, 2006,
By
'5\ IS\ 0 Ie
~~Co
GJO ~ p\~
I
DEED RESTRICTION
THIS DEED RESTRICTION ("Agreement") is made as of the
day of , 2006 by the Mary Janss 1992
Revocable Living Trust ("Declarant") for the benefit of the CITY OF ASPEN,
COLORADO ("City").
RECITALS
A. Declarant owns certain real property, legally described as 403 W. Hallam St.,
BLK 36, LOT I and east half of LOT H, City and Townsite of Aspen, Colorado
(the "Property").
B. Concurrently with the execution ofthis Agreement and pursuant to Ordinance No.
50. Series of2004, the City is executing and delivering to Declarant two (2)
separate Historic Transferable Development Rights, bearing Certificate Numbers~
403 W. Hallam TDR No.1 and 403 W. Hallam TDR No.2 (the "Certificates")
evidencing the permanent severance from the Property of development rights in
the amount of 500 square feet of Floor Area.
C. In exchange for the issuance of said Certificates by the City, Declarant is prepared
to deed restrict the Property to an allowable Floor Area.. as such term is defined in
the City Land Use Code, as amended (the "Code"), specified by the applicable
zone district regulations applicable to the Property in the Coden;W'o '~O ~qJl~re
_f- of Floor Area gT"11ted b)l:the Avnl:r;otnoic Preserl'atwn Cg~~;ttee, minus
'-- that amount of Floor Area pennanently severed from the properly, as stipulated
above.
Now, therefore, in consideration of the issuance of the Certificates to Declarant, and
for other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, Declarant agrees as follows:
1. Deed Restriction ofProoertv. Declarant hereby permanently restricts the Property
to an allowable Floor Area as described in Recital C above.
2. Covenants Running with the Land. Binding Effect: The provisions of this
Agreement shall constitute covenants that run with the title to the Property for the
benefit of the City, its successors and assigns, and shall be deemed appurtenant to
the title to such lands.
----,
MEMORANDUM
VllI-f.
DATE:
Mayor Klanderud and Aspen City Council
Chris Bendon, Community Development Director
James Lindt, Senior Planner \...~ L--
Appeal of Land Use Code Interpretation- Land Use Code Section
26.425, Conditional Uses- Public Meetinl!.
August 28, 2006
~M
TO:
TURU:
FROM:
RE:
PROJECT: ApPEAL OF LAND USE CODE INTERPRETATION
REQUEST SUMMARY: The Community Development Director issued a land use code
interpretation on June 29, 2006, and a subsequent supplemental land
use code interpretation on July 7, 2006. The interpretations are a
response to an interpretation request submitted by Sardy House, LLC,
owners of the Sardy House. The Appellants have appealed one
provision that was provided in the interpretation dated June 29th that
requires the submittal and approval of a land use application for a
conditional use amendment to convert three (3) of the boardinghouse
rooms In the Sardy House into a living room area for the
boardinghouse.
ApPELLANTS: Sardy House, LLC.
STAFF Staff recommends lhat City Council affinn the Community
R.;COMMENDATION: Development Director's interpretation.
REQUEST SUMMARY:
As was briefly described above, Sardy House, LLC (known herein as the "Appellants") have
requested an appeal (letter of appeal and letter of justification attached as Exhibit "A") of a
provision in a land use code interpretation that was issued by the Community Development
Director on June 29, 2006 (attached as Exhibit "B"). Staff issued a land use code
interpretation and a supplemental land use code interpretation (attached as Exhibit "C") in
response to some specific questions (code interpretation request is attached as Exhibit "0")
posed by the Appellants related to several possible development options for the Sardy House.
The one provision that was included in these land use code interpretations that the Appellants
are asking for relief from is Staffs response to question No.8 in the interpretation dated June
29,2006.
Staffs response to question No. 8 would require the Appellants to apply for and obtain
approval of a conditional use amendment if they wished to convert three (3) of the
boardinghouse units in the Sardy House to a living room area (plan attached as Exhibit "H")
for the boardinghouse use before applying for a building pennit. The Appellants have
,1-
j ~--
contended in the letter of appeal that they should not be required to obtain a conditional use
amendment and should be able to simply apply for a building permit for the interior changes
to the Sardy House that are described above. Therefore, the Appellants have contended that
the Community Development Director has abused his discretion by requiring an amendment
to the conditional use approval and requests that City Council reverse the Community
Development Director's interpretation related to question No.8. The letter of appeal has also
suggested that Staff has not provided them due process because of the amount of time that
elapsed since they first verbally asked if they could simply apply for a building permit to
make the aforementioned changes to the floor plans of the boardinghouse.
REVIEW PROCESS:
Pursuant to Land Use Code Section 26.316.030(E), Appeal procedures: Standard of review,
City Council may affirm, modify, or reverse an interpretation made by the Community
Development Director. In order to modify or reverse the interpretation, City Council
must make a finding that there was a denial of due process in issuing the interpretation
or that the Community Development Director exceeded his jurisdiction or abused his
discretion. The appeal is a public meeting, but is not a public hearing because the appeals
section of the code requires that Council's determination be based on the record that was
previously established in issuing the interpretation.
STAFF COMMENTS:
Abuse of Discretion:
Land Use Code Section 26.425.010, Conditional Uses: Purpose, describes that conditional
uses are those land uses that are compatible with other uses in the zone district in which they
are located. but which require review of their location, design, configuration, intensity, and
density to ensure their appropriateness. The Sardy House received conditional use approval
(1985 staff memorandum attached as Exhibit "E") to construct a carriage house addition to
the rear of the historic residence that was to be used for I 0-12 boardinghouse units. Based on
the above text of the code, Staff believes that the Appellants' request to convert three (3) of
the boardinghouse units to a living room space for common use by all of the boardinghouse
guests is a change in the configuration and intensity of the boardinghouse use on the parcel
and requires a conditional use amendment.
The Appellants' letter dated August 14, 2006, suggests that the Community Development
Director has abused his discretion in determining that the proposed changes require an
amendment to the conditional use approval. The Appellants have also argued that a
conditional use amendment is not necessary because the boardinghouse portion of the
structure would still comply with the 1985 boardinghouse definition. While Staff agrees that
the proposed conversion may still be in compliance with the 1985 boardinghouse definition,
it is Staffs position that a substantive amendment to an existing conditional use requires
approval regardless of the operation's continued compliance with the definition.
As was previously discussed, the purpose statement of the conditional use section requires a
review of the intensity, configuration, and density of a use to insure the appropriateness of the
land use. The conditional use section goes on to describe the process for amending a
- 2-
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development order for a conditional use. There are two amendment options: I) an
insubstantial amendment for which the Community Development Director may approve; and
2) "other" amendments for any changes that do not qualify for an insubstantial amendment.
Either option requires a land use application and the code provides no other options.
Staff does not believe that the Community Development Director abused his discretion in
determining that a conditional use amendment is necessary for the conversion since it would
alter the intensity, configuration, and density of the boardinghouse use that was approved
through a site-specific conditional use review in 1985.
Due Process:
The Appellants have also suggested that Staff has not provided them due process in making
our interpretation because they feel that Staff indicated that they could construct the
conversion on several occasions, which they have tried to document in the appeal letter.
Conversely, Staff does not believe that the Appellants were given any indication that they
could apply for a building permit to convert the units into common living area. In the
following paragraphs, Staff would like to refute some of the Appellants' allegations that Staff
indicated that the proposed conversion could be done by simply applying for a building
permit.
The appeal letter indicates that the Appellants' attorney, David Myler, called Staff on April
27th and asked if a building permit could be submitted for an interior remodel that does not
increase the floor area of a property or whether a remodel of that sort would be caught in the
building permit moratorium~ Staff recalls the conversation and recalls that a specific
conversion plan was never described or discussed and that the specifics of the Sardy House's
proposed conversion were not mentioned. Therefore, Staff believes this allegation to be
misleading in that the scope of the proposed interior remodel was not divulged to Staff at this
time.
It is further discussed in the appeal letter that one of the Appellants and the representative of
the party that had the Sardy House under contract, Gwen Dickenson, met with Staff on May
12th and Staff indicated that they could go ahead and convert the three (3) boardinghouse
units into a common living space. The letter further describes that Staff said that we "can't
think of anything that would prevent interior walls being torn down". Staff concedes that the
staff members that were present for this meeting did not come up with any code basis at this
meeting to prevent the Appellants from applying for a building permit for an interior
remodel. However, at the conclusion of this meeting the Staff members (Amy Guthrie and
James Lindt) involved in the meeting expressed to the Appellant and Gwen Dickenson that a
specific proposal for an interior remodel was needed to give them a definite answer on
whether an interior remodel would be permitted without any land use actions. Staff further
indicated at the conclusion of the meeting that the Appellants needed to pose their questions
in writing.
Gwen Dickenson appeared to get the message that Staff could not make a determination on
whether any land use actions were required to construct an interior remodel unless without a
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specific remodel plan, as is evidenced by her e-mails (attached as Exhibit "F") of May] 6th,.
]n her e-mail, she asks Staff to make a determination on whether a reduction in rooms would
need a land use review absent of a plan.
The letter of appeal also then suggests that Staff mistreated the Appellants' request to make a
determination by taking such a long time to render a decision on whether they could convert
three (3) of the boardinghouse units into common living with only a building permit. In
response to this claim, Staff has documented in the previous two paragraphs that Staff
expressed to the Appellants that a specific remodel plan was needed in order to make a
definite decision on whether a land use application was necessary. Staff did not receive a
specific remodel plan (attached as Exhibit "H") until June 9th when the interpretation request
was filed. Upon receipt of the interpretation request, Staff deemed it complete on June 14th
as is evidenced by the e-mail that was sent to David Myler on June 14th (attached as Exhibit
"G" ) and issued the interpretation on June 29th, which is within the I 5 days that is required
by Land Use Code Section 26.306(C)(3), Interpretations of Title.
After the original interpretation was issued, the Appellants requested a meeting with Staff to
make their argument that several aspects of the original interpretation were too restrictive.
Staff accommodated the Appellants by meeting with them on July 7, 2006. Subsequent to the
meeting, Staff considered the Appellants' arguments and issued a supplemental interpretation
on the same day that the meeting was conducted. Staff feels that they have been very
responsive to the Appellants' requests after receiving a specific remodel plan. Staff does not
believe that there has been a denial of due process.
STAFF RECOMMENDATION:
Staff does not feel that the Community Development Director exceeded his jurisdiction or
abused his discretion by interpreting that the Sardy House. would require a conditional use
amendment to convert the three (3) boardinghouse rooms to a general living space. Land Use
Code Section 26.306, Interpretations of Title, establishes that the Community Development
Director has the authority to interpret the text of the land use code and apply it accordingly.
Also, since Land Use Code Section 26.425.0]0, Conditional Uses: Purpose, establishes that
the configuration and intensity of a conditional use is amongst the topics of review for a
conditional use as was discussed above, Staff does not believe that the Community
Development Director abused his discretion by interpreting that a conditional use amendment
is necessary for the conversion of boardinghouse units to general living space.
Staff does not believe that there was a denial of due process in issuing the interpretation or
that the Community Development Director exceeded his jurisdiction or abused his discretion.
Staff recommends that City Council affirm the Community Development Director's
interpretation by approving the attached resolution.
- 4,
I
RESOLUTION NO. (na.
(SERIES OF 2006) \
A RESOLUTION OF THE ASPEN CITY COUNCIL AFFIRMING THE
COMMUNITY DEVELOPMENT DIRECTOR'S INTEPRET A TION OF LAND
USE CODE SECTION 26.425, CONDITIONAL USE, AS IT APPLIES TO THE
SARDY HOUSE PROPERTY AT 128 EAST MAIN STREET.
WHEREAS, the Community Development Department received a Land Use
Code Interpretation request from Sardy House LLC, requesting responses to a series of
questions about how different land use code sections would be applied to several
development scenarios that the Sardy House, LLC was exploring on the Sardy House
property at 128 East Main Street; and,
WHEREAS, pursuant to Land Use Code Section 26.306, Interpretations of Title,
the Community Development Director issued a land use code interpretation dated June
29, 2006, responding to the interpretation request after the interpretation request was
determined to be complete on June 14,2006; and,
WHEREAS, pursuant Sardy House, LLC, set up a meeting to discuss the
interpretation on July 7, 2006, and the Community Development Department
subsequently issued a supplemental interpretation dated July 7, 2006; and,
WHEREAS, Sardy House, LLC, requested an appeal of Staffs response to
question No.8 in the land use code interpretation dated June 29, 2006 pursuant to Land
Use Code Section 26.316, Appeals; and,
WHEREAS, the Aspen City Council has reviewed and considered the appeal under
the applicable provisions of the Municipal Code as identified herein, has; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
WHEREAS, the City Council approved, by a vote of _ to _ L--->
Resolution No. ,Series of 2006, affirming the Community Development Director's
interpretation that Land Use Code Section 26.425, Conditional Uses, requires a
conditional use amendment for the conversion of three (3) boardinghouse units in the
Sardy House to a general living space.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to Land Use Code Section 26.316, Appeals, City Council hereby affirms the
Community Development Director's interpretation that Land Use Code Section 26.425,
Conditional Uses, requires a conditional use amendment for the conversion of three (3)
boardinghouse units in the Sardy House to a general living space.
Section 2
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
RESO L VED, passed and approved this 28th day of August, 2006.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
Approved as to form:
John Worcester, City Attorney
2
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ALTERNATIVE OPTIONS:
If City Council finds that there was a denial of due process, or that the Community
Development Director exceeded his jurisdiction/abused his discretion, City Council could
reverse the Community Development Director's interpretation and issue a new interpretation
that a conversion of three (3) internal boardinghouse units to a general living space in the
Sardy House does not require a conditional use amendment and instead only requires receipt
of a building permit.
CITY MANAGER'S COMMENTS:
RECOMMENDED MOTION:
"I move to approve Resolution No. ~, Series of 2006, affirming the Community
Development Director's interpretation related to question No. 8 in the June 29th
interpretation request submitted by Sardy House, LLC, which requires a conditional use
amendment to convert three (3) boardinghouse units to a general living space in the
Sardy House."
A TT ACHMENTS:
EXHIBIT A - LETTER OF ApPEAL
EXHIBIT B- LAND USE CODE INTERPRETATION DATED JUNE 29, 2006
EXHIBIT C - SUPPLEMENTAL LAND USE CODE INTERPRET AnON DATED JULY 7,2006
EXHIBIT D- LAND USE CODE INTERPRETATION REQUEST
EXHIBIT E-1985 STAFF MEMORANDUM
EXHIBIT F - MAY 16"'" GWEN DICKENSON E-MAILS
EXHIBIT G --JUNE 14"'" E-MAIL TO DAVID MYLER
EXHIBIT H - REMODEL PLAN
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Lhnid Ddano
The Sardy I louse
120 t;. Mam Street
Aspen, CO X 1611
~
November 4, 200S
Till. CII', \ II .\',I',~.
Dear Dalnel;
The City Planning Staff has discussed your recent questions about futurc uses lilr the
S,ndy Ilouse. IOollowing is our position on the ideas that have been presented to LIS tu
dale.
. We understand the Sardy House to be located on a parcel tllat IS approxilllatdy
17,744 square feet in size, developed with a building that is approximately 13,0~U
square feet of FAR in size. The property is used as a single-family house
(establ ished through a Change in Use application approved in 20(3) and, in an
annex, contains a number of bedrooms with kitchens that were ungnlally
L,stablished under the definition of a "boardinghouse." The Municipal Code nu
longer mentions boardinghouse as an allowed use in the Mixed Use Zone. "\led
and Hreaktilst" IS an allowed use and as we understand it, the Sardy \louse
operation meets this definition, which is: "a dwelling used as a eOlllmerelal
lode-lIlb C'stabhslunent for tenlporary guests) other than a hotel or lodge, and which
contains no more than twelve guest rooms, provides no less than one rneal daily
for goests, and is operated by an on-site resident manager or owner."
. Il is nol possible fur someone to use the entire existing structure solely as a slIlglc-
1;III1i1y house and be in conformance with zoning. A single-family house may
only have one kitchen, and is restricted to a maximum FAR which is significantly
smaller Ihan the existing building.
. Il is possible to maintain single family use, and to even convert more or the
building fur this function, if all but one kitchen is removed and a non-residenllal
ose allowable in the Mixed Use zone district is legitimately established
somewhere on the property. Maximum FAR for a mixed use building in tlIe mne
district is now I: I, so there is additional square footage available, although tlIe
portion of the building devoted to single family usage may not exceed .75: I FAR.
. The existing structure cannot be converted into multi-family hOUSing (three or
more rree market units) without receipt of growth management allocations tlIat
WlllIid allow all units in excess of the existing single-family unit to becomc Iree
market l1welling units. In order to receive the growth management allocations,
millgation for affordable housing would be required. Maximulll FAR /(Jr r'T~
lllarket multi-family units on the site with no commercial uses is .75: I.
. Because the pruperty is a historic landmark, the existing structure can be
converted 10 any allowed use in the zone district through a Change ill Use
process, as long as the dimensions comply with zoning. (This includes an art
gallery or bank, specitle examples you cited.) No affordable housing ll1iligallon is
required at this time to convert existing space to a commercial use.
. Any new square footage that is constructed will be subject tu the Growlh
Management requirements.
. A II extellor changes to the property require HPC approval.
Please let us know if yuu have additional questions.
SllIecrL'ly,
Amy Gnthrie
Historic Preservation Oftlccr
(;Khr(",j..( g
sion regulations, or prior to its annexation into the city, a unit or area ofland designated by a separate
and distinct number or letter which is illustrated on a plat recorded in the office of the Clerk and Re-
corder tor Pitkin County.
Lot area. The total horizontal area contained within the lot lines of a lot, or other parcel of land.
(See, Supplementary Regulations - Section 26.575.020, Calculations and Measurements).
Lot depth. Thc shortest horizontal distance between the front and rear lot lines.
Lot line, front. The line normally closest to and/or dividing a lot from a street or street right-of-
way.
Lot Iinc, rCllr. The lot line opposite the front lot line.
Lot Iinc, side. The lot lines other than front or rear lot lines.
Lot width. The horizontal distance between the side lot lines as measured along the front yard
setback linc.
Manufactured home. A single family dwelling unit which is partially or entirely manufactured in
a ractory or at some location other than the site of final construction and installation. A manufacturcd
home is installed on an engineered, pennanent foundation and has brick, wood, or cosmetically cquiva-
Icnt siding and a pitchcd roof. A manufactured home is certified to the National Manufacturcd I-lousing
Construction and Salety Standards Act of 1974, 42 U.S.c. 5401, et seq., as amended.
--==,.
Mixcd-Usc. The use of land or a structure for more than one of the following land uses:
.Commercial (which shall include Retail and Restaurant Uses, Neighborhood Commerciat Uses,
Office Uses, Service Uses, Service Commercial Industrial Uses, Food Market, and Commercial
Parking Facility, but which shall exclude Agricultural Uses and Artist Studio).
. Residential (which shall include Detached Dwelling, Attached Dwelling, single-family dwelling,
Duplex Dwelling, Multi-Family Dwelling, Manufactured Home, free-market residence,
Arrordablc Housing, Employee Housing, Group Home, Dormitory, Acccssory Dwelling Unit,
and Carriage House).
. Lodging (which shall include Hotel, Timeshare Lodge, and exempt timesharing, but shall exclude
Boardinghouse and Bed and Breakfast).
.Civic (which shall include Arts, Cultural, and Civic Uses; Child Care Center; Essential Public
Facility; Recreational Use; and, Public Uses; but shall exclude Open Space, Open Use
Recreation Site, and ).
Accessory Uses, Temporary Uses, and the ownership of property by a Non-Profit Organization that
is not used as set forth above shall not qualify a property or stTllcture as Mixed-Use.
Mobilc home. A detached, transportable, one-family dwelling unit intended for year round occu-
pancy, and containing sleeping accommodations, flush toilet, a tub or shower bath, kitchcn facilities
with plumbing and electrical connections intended for attachment to outside systems. All mobile homes
City of Aspen Land Use Code. June, 2005
Part 100, Page 22
~B.
E=xlR8Jt c...
26.710.180 Mixed-Use (MU).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety orlodging,
multi-family, single-family, and mixed-use buildings with commercial uses serving the daily or fre-
qucnt needs of the surrounding neighborhood, provide a transition between the commercial corc and
surrounding residential neighborhoods, and to provide a variety of building sizes compatible with the
character of the Main Street Historic District.
Permitted uses. The following uses are permitted as of right in the Mixed-Use (M U) zone district
I. On Historic Landmark Properties: Retail and Restaurant Uses, Neighborhood Commercial
Uses, and Bed and breakfast.
2. Service Uses.
3. Office Uses.
4. Lodging, Timeshare Lodge, Exempt Timesharing.
5. Arts, Cultural and Civic Uses.
6. Public Uses.
7. Recreational Uses.
8. Academic Uses.
9. Child care center.
10. Affordable Multi-Family Housing.
II. Free-Market Multi-Family Housing.
] 2. Single Family Residence.
13. Duplex Residence.
14. Two Detached Single-Family Residences.
15. Home occupations.
16. Accessory uses and structures.
17. Storage accessory to a permitted use.
C. Co"ditio",,1 uses. The following uses are permitted as conditional uses in the Mixed-Use (MU)
zone district, subject to the standards and procedures established in Chapter 26.425:
I. Commercial Parking Facility, pursuant to Section 26.515.
D. Dime"sio",,1 requiremellts. The following dimensional requirements shall apply to all permitted
and conditional uses in the Mixed-Use (MU) zone district:
I. Minimum lot size (square feet): 3,000.
2. Minimum lot area per dwelling unit (square feet):
a. Detached residential dwellings: 4,500. 3,000 for Historic Landmark properties.
b. Duplex dwellings: 4,500. 3,000 for Historic Landmark properties.
c. All other uses: Not applicable.
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (feet): 10, which may be reduced to 5, pursuant to Special
Review, Section 26.430.
City of Aspen Land Use Code. June, 2005.
Part 700, I'age 39
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ASPBN COOl>
S2>l-a.l
m.-Jine iDllludes the feminine. The word "shall" ia
mandatory, and the word ~may'" i. penniesi ,",.
(al ALley: A public way 1l8nJl.anet\tly reserved a8. 8
MCOnduy m_ of aCce88 to a.Dllltinl!! property.
(b) Baument 'nIat .,ell of B st:ruct:ure r.ny (50) per cent or
owre of which \I belo<r existing il'acla. auhordinate to the prlnci.
pal ale of the b1U.ldlng, and aad. fO!:' parking, storage, and other
_1lllar1 p1JI1lOR8. 'l'h_ areaa bsnGath a bd&ment shall be
ciesig'o&ted wbbuam,ent(s). For the purpoae of calculating floor
area rat:iG and allowable floor area, buemeJIts and. BlIbbaaemellu
co1\8trU.Cf;1Id ill co>>JunatiOll wi.th slns1e-t'lu,lily or duplex strUt.
turealn UlY IIOIlIl dlsVict are not requjred to be subordinate to
tlw principal use fA tho building.
(e) BoortUJlIlM...e. roomi1l8 no...e. dQrml.tory; A b-aildiDI
tlIr portion ttweof other than a hotel. motel. lodge or
multlpleofemilY thrlllin, whlnln lodgiDf _d/or Iftll&la are
proWW for Ill:r. (6) or mon peI'lIona fDr compeneation, which
_peII8lIl:lon III" Im:lllCla mOney. a.rvleee. or oth.... tbinp
of "elae.
(d) BuiJJina: ~ pennaMnt atruet.me built for the .hel_
or eru:10llure of peraoftll, animal.. chattels en: property of allY
tdnd. and not. indllllilllJ advertllli... sip' boards or f.enr:u.
(e) Bui"", site Area or a lot. or lots upon ...bi~h a
lndldi.nt or ~1Ire may be ..rected. or open space or
_dee located.
(t) DwelUtJI: A permanent buUdlna or portion ther40f
which i. IINll .. the priva'- re8iMnce or 8laeplnll plsce of
one 01' mora human beinga. but. not indudins hotels.lodp
~tt. duM. h...pit81a. temporary .trU(!ture8 a""h aa tellU,
railroad can. trailers. street carll. metsl prefabricated
eedlona. or eimile unit&.
(1) an.family d-ulq: A detaChed princi.pal bollldlnl,
o&hs than a tfto'bile bOllIa. clelIilflled for and _d ao e
threlliDC nd.u.oinly by one family at an indepeodell&
bOll8ll!oeepi1lC amt.
(2) Tw...femilY dwelling (81ao 'mown as a "duple,,"): A
detached prindpal bai.lcll.ol contllininlJ only two (2)
d.el1iBlr UJIl" earina a c_mOIl ....,.1\ no \elIIl thao
Sap,. N..l!6 1434
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Sardy House Conditional Use Permit Conditions: 1985
1. Rezoning of the south 25 feet of Lots F, G, H and I from R,6 to 0 - Office must be
accomplished before a permit is issued for construction on these lots.
2. The facility must be a licensed food service establishment and must comply with
the Rules and Regulations Governing the Sanitation of Food Service
Establishments in the State of Colorado.
3. The City's Air Pollution Ordinance must be met.
4. Construction noise, dust and mud carry,out must be minimized and Chapter 16
of the Code complied with.
5. Trash storage and removal must be approved by the Engineering Department.
6. Rcmoval and relocation of the two (2) fruit trees must be donc in accordance
with Section 13-76 of the Code.
7. The property owner shall bear the restoration costs beyond the normal costs of
restoring asphalt or sodded surface for work caused by utility companies'
disturbance of the vacated alleyway.
8. Any enlargements or other changes in the water system shall be reviewed by the
Water Departmcnt prior to issuance of a building permit.
,----- ! 2i.lll(, 4.32P'M
COMMUNITY DEVELOPMENT
NO. m:, I. 111
L
~K4,' 1,,'-/ 1=
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required to eonwrt the portion of the Sardy House that is operating as boardinghouse to a
single- t~mliIy residential use,
6. To what extent can boardinghouse uses be reduced before such use would be
deemed abandoned? For example, could a small portion of the Sardy House,
sufficient to provide meals for 6 or more people, be open to the public lor such
purposes one week per year?
Staff Response:
The 1985 definition of boardinghouse reads as follows:
Boardinghouse, rooming house, dormitoly- A building or portion of thereof other
than a hotel, motel, lodge or multiple-family dwelling whereto lodging and/or
meals are provided for six (6) or mOle persons for compensation, which
compensation may include money, services, or other things of value.
For the boarchnghouse use to remain active, it mus,t be available to six (6) or more
persons for rental as lodging for the majority of the year, Becallse the definition
references lodging of people, the units contained within the Caniage House must be
awilable for overnight lodging on a short-tenn basis, which by definition of lodgmg
under teday's land use code does not allow for it to be occupied by anyone person or
entity that is an owner for more than 30 consecutive days or more than 90 days in any
calendar year.
''0-/
7, As long as at least 6 individuals are provided with overnight lodging and/or meals
m the Carriage House, for compensation, would a corporate retreat or vacation
club type use be consistent with a boardinghouse use under the 1985 definition?
Staff Response:
If it can be demonstrated that a corporate retreat or vacation club type use of the Caniage
House provides overnight lodging and meals on a short-teml basis for 6 or more peopl~
or entities at a time, it would be pennitted under tlle 1985 definition of boardinghollse.
However, the definition of boardinghouse requires a boardinghouse to provide lodging
for people that should tumover, so Staff would further interpret that the boardinghouse
units if used for a corporate retreat should not be occupied by anyone person or entity fo!
more than 30 consecutive days and 90 days out of a calendar year as the definition of
lodge requires in the current land use code,
8. Please advise as to whether a building permit could be issued without a change-
in-use approval to eliminate three bedrooms and baths from the upper floor oftlle
HOlth wing (boardinghouse 8IUlex) lIIId relocation of one of the lower floor
kitchens into an open common area as shown on the attached plans (auached
hereto as Exhibit "B'l The premise behind this request is that the Carriage
House portion of the structure would remain a boardinghouse because it is would
still provide lodging lIIIdJor meals for more than six (6) people, with the new
kitchen and dining space being accessory to the boardinghouse use.
'-'
,- J. 21Ili(, 4.. 321M
COMMuNITY DEVELOPMENT
~I{) m;:
:2
'~, Staff Response:
~ The pl'Oposed plans would still allow for the Carriage House structure to remain in
r compliance with the 1985 boardinghouse use definition. If the interior changes proposed
in the attached plans were made, there would still be more than SIX (6) bedrooms in the
Carriage House for rental as part of the bO!lTdinghouse use as is required by the 1985
boardinghouse definition. However, enacting this plan would require an amendment to
the approved conditional use plan that was originally established. A conditional use
umendment requires submittal of a land use application, which is prohibited in the Mixed
Use Zone District until the expiration ofthe current land use application moratorium that
was enacted pursuant to Ordinance No. 19, Series of2006,
Quesrions 3 ilnd 4
Questions 3 and 4 in the interpretatIOn request relate to the provisions of Land Use Code
Section 26.710.180(D)(tO)(A). Mi;..cd Use Zone District: Floor Area Ratio. BeLow Staff
has listed these questions and have provided answers based on our understandmg of the
land use code provisions:
~
3. 111cre IS no definition of "Free-Market Multi-Family Housing" in the Land Use
Code. There IS a definition for "Dwelling - Multi-Family". Under that definition,
a single-family dwelling can be considered a multi-family dwelling if a portIOn of
it is used for retail, office or service commercial uses, Absent such an additional
use, a single-family dwelling should never be cousidered to be Free-Marht
Multi-Family Housing, With respect to the applicability of Section
26.7 I 0.180(D)(10) of the Aspen Municipal Code (Mixed Use- Floor Area Ratio),
as amended by Ordinance No, 12, Series of2006, under what circumstances could
the Sardy House be considered "Free-Market Multi-Family Housing" as that term
is used in Subsection lO{A){3)'?
Staff Response:
Based on the text of these defined terms, lhe single-family residential portion of lhe
structure is not considered multi-family housing as the uses in the structure are currently
recognized, because the boardinghouse use that is on the same parcel is not considered'
retail, office, or service commercial, but ralher is considered lodging. That said, if the
Applicant would like to maintain the boardinghouse use in a portion of the structure
meeting the requirements of the 1985 definition of a boardinghouse as is discussed in
Staffs response to Question #6 above, the smgle-family residential use combined with
the boardinghouse use of the Sardy House would have a cumulative allowable FAR of
I: I as the Apphcants have suggested,
4. If the Sardy House (Main Residence and Carriage House) is not considered Free-
Market Multi-Family Housing, but continues to include a boardinghouse use
component along with a predominantly single-family use, would not the
allowable floor area for the combined single-family and boardinghouse uses be
based rlpon a floor area ratio of I:I? Such a combination of uses does not fall
within any categories described in Subsections 10(A)(l), (2), or (3), or 10(8)(1)
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not in conflict with this Title. The City's decision-making bodies may adopt rules of procedure
to limit the number of development applications which may be considered at a hearing.
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7. Record.
a. Records of hearing. All hearings shall be recorded by audio-tape or other similar recording
device. A copy of the audio tape of a hearing shall be provided upon the request of any
pcrson and the payment of a fee covering the reasonable cost thereof.
b. Record. The transcript of oral proceedings, including tcstimony and statements of personal
opinions, the minutes of the secretary, all applications, exhibits and papers submitted in any
procceding before the decision-making body, the report and recommendation of the
Community Development Director, and the decision and report of the decision-making
body shall constitute the record.
~. Actiolls by decisioll-mukillg bodies. All decision-making bodies shall act in accord with the time
limits established in this Title. Action shall be taken as promptly as possible in consideration of the
I
interests of the citizens of the City of Aspen. Depending upon which decision-making body has final
approval authority over a given development application, a site specific development plan may only be
approved by written resolution of the Planning and Zoning Commission or Historic Prcservation
C;ommission.:..or by ordinance adopted by the City Council. ~y'laD"d'US:QpRr~~l.p'lacCsa'nC
IQprden upon orli~~e ~P.dv~P.lop.saY.!.hall ~e bY...2!:diminceMIl resolutions and ordinances
granting final approval for a site specific devclopment plan shall:
,
I. Be preceded by a public hearing following public notice by publication (See Section
26.304.060(E)(3)(a), below); and
2. Include the following provisions:
a. The rights granted by the approval of this site specific development plan shall remain
vested for a pcriod of three (3) years from the effective date of the approved devclopment
order. However, any failure to abidc by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property rights. Failure to properly
record all plats and agreements required to be recorded by this Code within 180 days of the
etrective date of the development order shall also result in the forfeiture of said vest cd
property rights and shall render the development order void within the meaning ofScction
26.104.050 (Void permits).
b. The approval granted hereby shall be subject to all rights of referendum and judicial review;
the period of time permitted by law for the exercise of such rights shall not begin to run
until the date of publication of the notice of final development approval as required under
Section 26.304.070(A) of this Chapter.
c. Zoning that is not part of the approved sitc specific devclopment plan shall not result in the
creation of a vested property right.
City of Aspen Land Use Code. June, 2005.
Part 300, Page II
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G?tlk,IJ/J
July 13, 2006
RECEIVED
JUL
1 4 2006
iUILDINr.7{tll
" 'EP4RrMFN7
To: Chris Bendon
From: Frank Peters and Daniel Delano/ Sardy House, LLC.
Re: Appeal of Staff opinion regarding the Sardy House status and the building
moratorium.
Chris,
This is your formal notice that we are appealing the planning staff
interpretation of the land use code as it is applied in the response to question
number eight in your memo of June 29, 2006.
At this time we don't need to rush the public notice and scheduling to get
on the council's next agenda. We are simply preserving our right to an appeal at
this time.
There is no official form that we are aware of for the notice of appeal. If
this notice is insufficient in any way, please let us know.
Thank you,
~~
J~eters
.~
I
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(~~
Daniel Delano
RETAIN FOR PERW.NtNT M:CQftO
Sardy House, LLC. 128 East Mam Street. Aspen, Colorado 81611. T: 970.920.2525 F 970.920.4478. wwwsardyhousecom
"'(J>;"'4"rk"l. :?i- .'
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ill."
,i\UG 1 4 2006
;'\,.'
Mr. James Lindt, Senior Planner
City of Aspen Community Development Department
QU!U'''\I~_,i~
August 14,2006
Hand Delivered
Re: APPEAL OF STAFF OPINION REGARDING SARDY HOUSE
Dear James:
Thank you for the time you have devoted to this complex and serious matter. Please
understand that while we may refer herein to you and to the city planning staff
collectively in somewhat negative terms, we feel no personal animosity. We realize the
work of city planners is difficult and often thankless.
At your request, this letter is to give an account of some of the ways we believe the
Aspen Community Development Staff has abused its executive discretion and failed to
extend due process to us as owners of the Sardy House, particularly in the Staffs answer
to our Question #8, regarding the processing of a building permit for a limited remodel of
the Sardy House--with no change to the exterior of the existing structure and no increase
in square footage--during the current Moratorium.
Our Question #8 was:
"Please advise as to whether a building permit could be issued without a change-in-
use approval to eliminate three bedrooms and baths from the upper floor of the
north wing (boardinghouse annex) and relocation of one of the lower floor kitchens
into an open common area as shown on the attached plans. The premise behind this
request is that the Carriage House portion of the structure would remain a
boardinghouse because it would still provide lodging and/or meals for more than six
(6) people, with the new kitchen and dining space being accessory to the
boardinghouse use."
The Staff response was:
"The proposed plan would still allow for the Carriage House structure to remain in
compliance with the 1985 boardinghouse use definition. If the interior changes
proposed in the attached plans were made, there would still be more than six (6)
bedrooms in the Carriage House for rental as is required by the 1985 boardinghouse
definition. However, enacting this plan would require an amendment to the
approved conditional use plan that was originally established. A conditional use
amendment requires submittal of a land use application, which is prohibited in the
Mixed Use Zone District until the expiration of the current land use application
moratorium that enacted pursuant to Ordinance No. 19 Series of 2006."
Sardy House, LLC' 128 East Main Street. Aspen, Colorado 81611 . T 970,920,2525 F: 970,920,H78' "",,".sardyhousecom
j-~-~
The 1985 boardinghouse use definition reads:
"A building or portion thereof other than a hotel, motel, lodge or multiple-family
dwelling wherein lodging and/or meals are provided for six (6) or more persons for
compensation, which compensation may include money, services, or other things of
value."
Clearly, the Staff exceeds its authority and arbitrarily misreads the plain meaning of the
Code, when Staff states as it did above, that the rental of six (6) bedrooms "is required by
the 1985 boardinghouse definition."
Without question, six (6) persons may be lodged overnight in as few as three (3) double
occupancy bedrooms, or even a single (1) dormitory bedroom. Moreover, in our opinion,
given a plain reading of the words of the 1985 Code, the rental of zero (0) bedrooms is
required by the boardinghouse definition, because in accordance with the specific phrase
"and/or" included within that definition, a boardinghouse may provide meals only to at
least six (6) persons.
As you know, our Sardy House property is for sale and was under contract for several
months this spring. That contract was entered into on March 14th and its due diligence
period continued past the April effective date of the current moratorium. On or about
April 26th, soon after the moratorium began, you told Gwen Dickenson, the representative
of a party to our contract, that a building permit could not be issued for a remodel to the
boardinghouse portion of the Sardy House due to the moratorium. As 1 understand it,
your reasoning at lhat point was that this portion of the Sardy House was "a lodge". On
April 27'\ our attorney David Myler spoke with you and after some discussion of the
exemptions included in the moratorium, most specifically the exemplion in cases where
there would be no increase in square footage, you told him that a building permit could
be issued for an interior remodel. At the same time, responding to a separate question,
you told him that no change-in-use application could be processed until the moratorium
was lifted or expired.
We believe that what you told David Myler in April is in accordance with a plain reading
ofthe emergency moratorium ordinance, and it is in accordance with the manner the
regulatory effect of the ordinance was reported in local newspapers. We believe the
legislative intent of the applicable exemption in the ordinance is very clear, where it is
stated that building permits exempt from the moratorium shall include:
"Building permits for projects that will not have the effect of increasing the Floor
Area of any building."
The proposed interior remodel at the Sardy House, a project involving a total floor area of
less than eight hundred square feet, will not have the effect of increasing the floor area of
any building.
On May 12th we met with you and Amy Guthrie and the representative of our contracted
buyer, Gwen Dickenson. Quite frankly, we were shocked by the negative and hostile
manner in which Staff responded to several questions we asked during this meeting. One
might have thought we proposed to "scrape and replace" or otherwise desecrate the Sardy
House. Still, the Staff maintained a position essentially in accord with the position you
communicated to us earlier in your April discussion with David Myler, insofar as the
availability of a building permit for an interior remodel during the moratorium. A change
in the total number of bedrooms was discussed and Amy Guthrie stated that we would
need to pass a "sniff test" to ensure compliance with the boardinghouse definition, but it
appeared clear to us that Staff took the position that the issuance of a building permit for
a remodel inside the boardinghouse portion of the Sardy House, without change-of-use or
increase in square footage, would not be prohibited by the emergency moratorium
ordinance. According to my notes, you specifically stated: "I can't think of anything that
would prevent interior walls being torn down."
On Monday, May 15t\ Gwen Dickenson asked Staff via e-mail a follow-up question:
"We need to have one more answer to a question Daniel posed to you in the meeting.
Can we get a building permit now to reconfigure the back portion into less
bedrooms and more ancillary type rooms that we would have as usage for the
boarding house? In the meeting we discussed reducing the total number of
bedrooms to maybe 4 in the rear house and the recreational type rooms created. We
need to know could we get a building permit now for doing this type of remodel to
the back."
The following day, May 16th, Staff responded in writing:
"As we discussed at the meeting, we would need to see specific plans and then we
could rule on whether a specific plan is acceptable under the current allowances for
the building."
Later that week, our buyer exercised his right to terminate our contract.
On June 2nd, Frank Peters, David Myler and 1 met with you, Amy Guthrie and John
Worcester, the city attorney. One of the points we made at that meeting was that when we
reconstructed the Sardy House in 1985, after receiving conditional approval for the
boardinghouse use, we built out to an FAR of .75:1, the same FAR then allowed by right
in the old Office zone district for a single family dwelling. Staff disputed this particular
point, but during that lengthy meeting, we were given no indication that Staffs position
of May 16th and earlier had changed. Staff encouraged us to submit specific plans and so
we continued to believe that if we submitted specific plans and that if those plans were
deemed to fall within the scope of the boardinghouse definition, we might be issued a
building permit for an interior remodel in a timely manner.
.4
On June 9'h we submitted specific plans for a remodel of a small part of the
boardinghouse portion of the Sardy House, floor plans prepared at our expense by
architect Harry Teague. We also submitted excerpts ofthe 1985 Code, proving that Staff
was incorrect in disputing our point regarding FAR allowed by right 20 years ago in the
Office zone district (today the Mixed Use zone district).
On July 2nd our attorney David Myler received by mail your memo dated June 29'\
including your answer to our question #8. Your answer contained an apparent (albeit
illogical) acknowledgment that our specific plans had passed the "sniff lest"-but
CATCH 22. ..after more than 60 days---during which time period we made Staff well
aware that time was of the essence to us-66 days after you told our attorney that a
building permit for an interior remodel was not prohibited by the moratorium, your memo
informed us that we had essentially wasted our time and money preparing specific plans.
Staff took a new position that rendered the submittal of any plans at all an exercise in
futility. CATCH 22-you are a conditional use.
No later than May 15'h, when we specifically discussed this issue with you and Amy,
Staff became well aware that the boardinghouse portion of the Sardy House is a
conditional use, legally established in 1985 (and today non-conforming.) Moreover, as
early as November, 2005, I discussed the boardinghouse use in detail with Amy Guthrie,
and after our discussion she informed me that Staff discussed the Sardy House at its
weekly staff meeting.
The crux of the matter is this. After an unduly lengthy period oftime, Staff reversed its
earlier, documented position, a position supported by a plain reading ofthe Code and
denied us a building permit on broad and technical, ambiguous grounds.
We believe that we have been treated unfairly. We believe the Community Development
Staff, well-intentioned as it may be, has demonstrated inconsistency, lack of respect for
precedent and private property rights, and specifically abused its executive discretion in
denying us a building permit for an 800 square foot interior remodel at Sardy House.
We believe Staff misinterprets the Code and the legislative intent of the Code in its
answer to our question #8 cited above.
Yours very truly,
Daniel Delano
Frank Peters
(/
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~y111 j(jJ /!d /1
ASPEN/PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
LAND USE CODE INTERPRETATION
JURISDICTION:
City of Aspen
APPLICABLE CODE SECTION:
26.104.100, Definitions;
26.710.180(D)(10)(A)(3), Mixed
Use Zone District: Floor Area
Ratio; 26.470.040(B)(2), Change-
In-Use of Historic Landmark Sites
and Structures.
EFFECTIVE DATE:
WRITTEN BY, c~~
APPROVED BY: .
June 29, 2006
James Lindt, Senior Planner
Chris Bendon,
Community Development Director
COPIES TO:
John Worcester, City Attorney
Amy Guthrie, HP Officer
SUMMARY
David Myler submitted a request for a code interpretation on behalf of Daniel Delano and
Frank Peters (Applicants), the owners of the Sardy House. In the interpretation request,
the Applicants ask a series of questions related to how various land use code sections
apply to the Sardy House property.
PURPOSE
Staff has responded to the Applicants' questions in this interpretation and explained the
basis for our responses.
BACKGROUND
The Sardy House existed as a single-family residence from 1893 when it was constructed
to, 1985. In 1985, the Applicants received approval to remodel and expand the existing
structure and a conditional use approval to convert the entire building into a
boardinghouse (Boardinghouse is a defined term), The Applicants converted the main
residence portion of the structure back into a single residential unit in 2003 with the rear
portion of the structure that was added in 1985 remaining as a Boardinghouse. As was
discussed above, the Applicants have requested a series of code interpretations related to
how the land use code applies to the Sardy House's current situation. This interpretation
clarifies the Planning Staff's position on how the requested code sections apply to the
Sardy House.
DISCUSSION
Questions 1.2.5.6.7. and 8
Staff has organized our responses to the questions posed by the Applicants in topics.
Questions No. 1,2,5,6,7, and 8 relate to the definition of "Boardinghouse" in the City's
Land Use Code. Below, Staff has listed these questions and the applicable corresponding
interpretation:
1. What definition (1985 definition when the conditional use for a boardinghouse
was approved or current definition in the land use code) of boardinghouse applies
to the current and future use of the Carriage House (rear addition that is currently
approved to be used as a boardinghouse)?
Staff Response:
The 1985 definition of "Boardinghouse" in the land use code applies to the Sardy House
because that was the definition in place when a site-specific approval was granted to
allow the Sardy House to become a boardinghouse. This approval is what the Carriage
House portion of the structure is still operating under today.
2. What is the effect of simply discontinuing the current nonconforming
boardinghouse use? Does a discontinuance of a nonconforming use require a
development order?
Staff Response:
The Applicant could discontinue the nonconforming boardinghouse use on the Carriage
House part of the structure, but that it could not be used as part of any other use to replace
the boardinghouse use until a development order for a change in use is obtained. Staff is
of this opinion because Land Use Code Section 26.470.040(B)(2), Change-In-Use of
Historic Landmark Sites and Structures, states that a change of use, between the use
categories identified in Section 26.470.020 (Residential-Free Market, Residential-
Affordable Housing, Commercial, Lodging, and Essential Public Facilities), of a
property, structure, or portion of a structure designated as a Historic Landmark shall be
reviewed based on the criteria set forth in Land Use Code Section 26.470.040(B)(2).
5. Does the replacement of a non-conforming use (boilrdinghouse- under any
definition) with a conforming use (single-family), with no increase in the floor
area of the existing structure in which those uses are contained, constitute a
change in use?
Staff Response:
As is discussed in Staffs response to Question #2 above, the code requires that when you
change the use of a structure or a part of a structure amongst the use categories identified
in Land Use Code Section 26.470.020 (Residential- Free Market, Residential- Affordable
Housing, Commercial, Lodging, and Essential Public Facilities), a change in use approval
is required. Staff is not aware of any language in the land use code that would exempt an
existing non-conforming use from this requirement and thus, a change in use approval is
required to convert the portion of the Sardy House that is operating as boardinghouse to a
single-family residential use.
6. To what extent can boardinghouse uses be reduced before such use would be
deemed abandoned? For example, could a small portion of the Sardy House,
sufficient to provide meals for 6 or more people, be open to the public for such
purposes one. week per year?
Staff Response:
The 1985 definition of boardinghouse reads as follows:
Boardinghouse, rooming house, dormitory- A building or portion of thereof other
than a hotel, motel, lodge or multiple-family dwelling wherein lodging and/or
meals are provided for six (6) or more persons for compensation, which
compensation may include money, services, or other things of value.
For the boardinghouse use to remain active, it must be available to six (6) or more
persons for rental as lodging for the majority of the year. Because the definition
references lodging of people, the units contained within the Carriage House must be
available for overnight lodging on a short-term basis, which by definition of lodging
under today's land use code does not allow for it to be occupied by anyone person or
entity that is an owner for more than 30 consecutive days or more than 90 days in any
calendar year.
7. As long as at least 6 individuals are provided with overnight lodging and/or meals
in the Carriage House, for compensation, would a corporate retreat or vacation
club type use be consistent with a boardinghouse use under the 1985 definition?
Staff Response:
If it can be demonstrated that a corporate retreat or vacation club type use of the Carriage
House provides overnight lodging and meals on a short-term basis for 6 or more people
or entities at a time, it would be permitted under the 1985 definition of boardinghouse.
However, the definition of boardinghouse requires a boardinghouse to provide lodging
for people that should turnover, so Staff would further interpret that the boardinghouse
units if used for a corporate retreat should not be occupied by anyone person or entity for
more than 30 consecutive days and 90 days out of a calendar year as the definition of
lodge requires in the current land use code.
8. Please advise as to whether a building permit could be issued without a change-
in-use approval to eliminate three bedrooms and baths from the upper floor of the
north wing (boardinghouse annex) and relocation of one of the lower floor
kitchens into an open common area as shown on the attached plans (attached
hereto as Exhibit "B"). The premise behind this request is that the Carriage
House portion of the structure would remain a boardinghouse because it is would
still provide lodging and/or meals for more than six (6) people, with the new
kitchen and dining space being accessory to the boardinghouse use.
Staff Response:
The proposed plans would still allow for the Carriage House structure to remain in
compliance with the 1985 boardinghouse use definition. If the interior changes proposed
in the attached plans were made, there would still be more than six (6) bedrooms in the
Carriage House for rental as part of the boardinghouse use as is required by the 1985
boardinghouse definition. However, enacting this plan would require an amendment to
the approved conditional use plan that was originally established. A conditional use
amendment requires submittal of a land use application, which is prohibited in the Mixed
Use Zone District until the expiration of the current land use application moratorium that
was enacted pursuant to Ordinance No. 19, Series of2006.
Questions 3 and 4
Questions 3 and 4 in the interpretation request relate to the provisions of Land Use Code
Section 26. 71O.180(D)(1 O)(A), Mixed Use Zone District: Floor Area Ratio. Below Staff
has listed these questions and have provided answers based on our understanding of the
land use code provisions:
3. There is no definition of "Free-Market Multi-Family Housing" in the Land Use
Code. There is a definition for "Dwelling - Multi-Family". Under that definition,
a single-family dwelling can be considered a multi-family dwelling if a portion of
it is used for retail, office or service commercial uses. Absent such an additional
use, a single-family dwelling should never be considered to be Free-Market
Multi-Family Housing. With respect to the applicability of Section
26.710.180(D)(10) of the Aspen Municipal Code (Mixed Use - Floor Area Ratio),
as amended by Ordinance No. 12, Series of2006, under what circumstances could
the Sardy House be considered "Free-Market Multi-Family Housing" as that term
is used in Subsection 10(A)(3)?
Staff Response:
Based on the text of these defined terms, the single-family residential portion of the
structure is not considered multi-family housing as the uses in the structure are currently
recognized, because the boardinghouse use that is on the same parcel is not considered'
retail, office, or service commercial, but rather is considered lodging. That said, if the
Applicant would like to maintain the boardinghouse use in a portion of the structure
meeting the requirements of the 1985 definition of a boardinghouse as is discussed in
Staff's response to Question #6 above, the single-family residential use combined with
the boardinghouse use of the Sardy House would have a cumulative allowable FAR of
1: 1 as the Applicants have suggested.
4. If the Sardy House (Main Residence and Carriage House) is not considered Free-
Market Multi-Family Housing, but continues to include a boardinghouse use
component along with a predominantly single-family use, would not the
allowable floor area for the combined single-family and boardinghouse uses be
based upon a floor area ratio of 1: I? Such a combination of uses does not fall
within any categories described in Subsections 10(A)(1), (2), or (3), or 10(B)(1)
I
or (2), of the Mixed Use Floor Area Ratio Regulations. Thus, the only floor area
limit in such a case is the I: I floor area ratio which applies in the Main Street
Historic District (see second sentence of Subsection IO(A) of such regulations).
Staff Response:
The combined use as a single-family residence and a boarding house has a total FAR of
1: 1 as is discussed in Staff s response to Question #3 above. That said, if the entire
structure were to be converted to a single-family residential dwelling unit as the only use
on the site, it would be subject to the allowable dimensional requirements for a single-
family dwelling unit in the R-6 Zone District as is established in Land Use Code Section
26.710.180(D)(I0)(B), FAR Schedule for single-family and duplex uses when developed
as the only use of the parcel.
This interpretation is based on the provisions of the land use code that are currently in
place and which are subject to change before the moratorium is lifted or expires.
APPEAL OF DECISION
As with any interpretation of the land use code by the Community Development Director,
an applicant has the ability to appeal this decision or any part of this decision to the
Aspen City Council. This can be done in conjunction with a land use request before City
Councilor as a separate agenda item.
26.316.030(A) APPEAL PROCEDURES
lillY person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
ATTACHMENTS:
Exhibit "A" - Request for Interpretation
Exhibit "B"- Proposed Carriage House Remodel Plans
&l1lb,}
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C
II
ASPEN/PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
SUPPLEMENTAL LAND USE CODE INTERPRETATION
JURISDICTION:
City of Aspen
APPLICABLE CODE SECTION:
26.104.100, Definitions;
26.710.180(D)(10)(A)(3), Mixed
Use Zone District: Floor Area
Ratio; 26.470.040(B)(2), Change-
In-Use of Historic Landmark Sites
and Structures.
EFFECTIVE DATE:
July 7, 2006
WRITTEN BY, eM ~
APPROVED BY: I iVVJ
James Lindt, Senior Planner
Chris Bendon,
Community Development Director
COPIES TO:
John Worcester, City Attorney
Amy Guthrie, HP Officer
SUMMARY
David Myler submitted a request for a code interpretation on behalf of Daniel Delano and
Frank Peters (Applicants), the owners of the Sardy House. In the interpretation request,
the Applicants asked a series of questions related to how various land use code sections
apply to the Sardy House property. Staff responded to the request and issued an
interpretation on June 29, 2006 (attached as Exhibit "A"). After issuance of the
interpretation, the Applicants met with Staff and expressed that they believed some of the
responses provided in the original interpretation were inappropriate. As a result of the
meeting, Staff reviewed the responses provided in the June 29th interpretation and
decided to issue this supplemental interpretation to correct several of the responses
provided in the original interpretation.
PURPOSE
This is a supplemental interpretation to correct the land use code interpretation issued on
June 29, 2006. With the exception of Staff's amended responses to questions 6 and 7 and
the addition of a response to the newly posed question 9 provided herein, all other
portions of the interpretation issued on June 29, 2006 shall remain in effect. This
interpretation is based on the provisions of the land use code that are currently in place
and which are subject to change before the moratorium is lifted or expires.
------1 ..
BACKGROUND
As discussed above, Staff is issuing this supplemental interpretation to revise our
responses to questions 6 and 7 discussed in the original land use code interpretation dated
June 29,2006.
INTERPRET A TION
The responses to questions 6 and 7 below shall completely replace the responses to
provided in the original interpretation:
6. To what extent can boardinghouse uses be reduced before such use would be
deemed abandoned? For example, could a small portion of the Sardy House,
sufficient to provide meals for 6 or more people, be open to the public for such
purposes one week per year?
Staff Response:
The 1985 definition of boardinghouse reads as follows:
Boardinghouse, rooming house, dormitory- A building or portion of thereof other
than a hotel, motel, lodge or multiple-family dwelling wherein lodging and/or
meals are provided for six (6) or more persons for compensation, which
compensation may include money, services, or other things of value.
For the boardinghouse use to remain active, it must be available to six (6) or more
persons for rental as lodging for the majority of the year and/or for preparation and
serving of food for six (6) or more persons for the majority of the year. The definition
does not define whether the lodging to be provided as part of the boardinghouse use has
to be short-term or long-term. Therefore, long-term lodging would be permitted under
this definition. However, the lodging and/or meal preparation/service must be available
for the majority of the year and not just one week per year because the boardinghouse use
is the principal recognized use for the carriage house portion of the structure.
7. As long as at least 6 individuals are provided with overnight lodging and/or meals
in the Carriage House, for compensation, would a corporate retreat or vacation
club type use be consistent with a boardinghouse use under the 1985 definition?
Staff Response:
If it can be demonstrated that a corporate retreat or vacation club type use of the Carriage
House provides overnight lodging and/or meals for 6 or more people at a time, it would
be permitted under the 1985 definition of boardinghouse. Once again, the lodging and/or
meal preparation/service must be available for the majority of the year and not just one
week per year because the boardinghouse use is the principal recognized use for the
carriage house portion of the structure.
The Applicants also posed an additional question of Staff at the meeting on July 7, 2006.
This additional question and Staffs response are included below:
I..
9. Land Use Code Section 26.415.070(A), Development involving designated
historic property: Exempt development, reads that "selected activities are
exempted from the development review procedures including interior remodeling,
paint color selection, exterior repainting or plastering similar to the exterior finish
or routine maintenance such as caulking, replacement of fasteners, repair of
window glazing or other such minimally intrusive work". Does this mean that
interior remodeling on a historic property is completely exempt from all of the
provisions of the land use code?
Staff Response:
This land use code section was intended to exempt interior remodeling from review by
the Historic Preservation Commission, but not from all of the other provisions in the land
use code. When the statement in the question is taken in the context of the remainder of
the land use code section in which it is located, it is evident that it only provides an
exemption from the HPC review processes.' All of Land Use Code Section 26.415.070
describes the HPC review processes, but does not discuss the other provisions of the land
use code such as growth management and subdivision. Exemptions from growth
management and subdivision are specifically outlined within the respective growth
management and subdivision sections of the land use code and not within Land Use Code
Section 26.415.
,
APPEAL OF DECISION
As with any interpretation of the land use code by the Community Development Director,
an applicant has the ability to appeal this decision or any part of this decision to the
Aspen City Council. This can be done in conjunction with a land use request before City
Councilor as a separate agenda item.
26.316.030(A) APPEAL PROCEDURES
Any person with a right to appeal an adverse decision or determination shall initiate an
appeal by filing a notice of appeal on a form prescribed by the Community Development
Director. The notice of appeal shall be filed with the Community Development Director
and with the City office or department rendering the decision or determination within
fourteen (14) days of the date of the decision or determination being appealed. Failure to
file such notice of appeal within the prescribed time shall constitute a waiver of any
rights under this Title to appeal any decision or determination.
ATTACHMENTS:
Exhibit "A"- Interpretation Issued on June 29,2006
_ _n_______ ~____
&l1lklt \Yt;
THE MYLER LAW FIRM, P.C.
211 MIDLAND AVENUE
SUlTE20l
BASALT. COLORAoo8162l
TELEPHONE
(970)927.0456
FACSIMILE
(970)927.0374
DAVID 1. MYLER'
ROBYN 1. MYLER 12]
A Colorado Professional Corporation
ADMJ1TED IN co', NVl, IT
CHERR. VlNCENT.PARALEGAL
CONNrEA WOOD, LEQALASS1STANT
EMAILS
dmyler@mylerlawp<.com
nnyler@mylcrlawpc.com
cvincent@mylertawpc.com
cwood@rnyterlawpc.com
J \IDe 9, 2006
James Lindt
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Via Hand Deliverv
RE: Request for Code Interpretation - Sardy House
Dear James:
I am writing on behalf of Daniel Delano and Frank Peters as the owners of Sardy House,
LLC, a Colorado limited liability company which owns the Sardy House in Aspen. As we discussed
on J\IDe 1,2006, Daniel and Frank have a number of questions regarding the use and occupancy of
the Sardy House which require an interpretation of the City's Land Use Regulations. The following
is a briefhistory of the Sardy House which contains certain facts and circumstances that are pertinent
to the questions which follow.
1. The Sardy House was initially built in 1893 as a large single-family home. It was
used in that manner for 92 years, under several owners.
2. In 1985, the Sardy House was purchased by North and South Aspen, LLC ("North
& South"), the predecessor to Sardy House, LLC, which was also owned by Daniel and Frank. At
that time, the Sardy House was zoned office. A single-family home was an allowed use by right in
that zone district. Boardinghouse was a conditional use.
3. The maximum floor area for anv allowed or conditional use within the Office Zone
District in 1985 was based upon a floor area ratio of .75:1. (A copy of 1985 Area and Bulk
Requirements is attached.) Since the Sardy House site contains 17,744 square feet ofland, a single-
family residence containing 13,308 square feet would have been allowed by right.
4. In 1985, North & South obtained a condition use approval from the Aspen Planning
Commission to operate the Sardy House as a boardinghouse. Based upon that approval, the Main
Residence was extensively remodeled and a new addition, referred to as the "Carriage House," was
constructed. The total floor area of the Main Residence and Carriage House was 13,075 square feet,
as measured \IDder the 1985 Land Use Code, which includes some subgrade square footage which
ASPEN ADDRESS: J 06 SOUTH MIlL STREET, SUITE 202
__n__' _ ,_1__
THE MYLER LAW FIRM, P.C,
James Lindt
JWle 9, 2006
Page 2
would not be included in the current Code. The definition of boardinghouse as set forth in the 1985
Land Use Code (copy attached) allowed the owners to provide short- or long-tenn lodging and/or
meals to 6 or more guests.
5. The Sardy House, including the Carriage House, was used and operated as a
boardinghouse, as that tenn was defined in the 1985 Land Use Code, from the completion of
remodeling activities in 1985 until 2003. In that year, North & South obtained an administrative
approval to change the use of the Main Residence from boardinghouse to single family. In reliance
upon that approval, North & South invested over $3. million in remodeling and repair to the Main
Residence and the Carriage House. While the operation of the Sardy House since 1985 may also be
consistent with that of a hotel or a bed and breakfast, it was not approved for either of those uses.
In}act, in order to qualify as a boardinghouse, the Sardy House carmot be a hotel or bed and
breakfast. Since the completion of the aforementioned remodeling and repair work, the Main
Residence has been utilized as a single-family residence and the Carriage House has been utilized
as a boardinghouse pursuant to the 1985 definition.
Questions:
1. What definition of boardinghouse applies to the current and future use of the Carriage
House? We do not know when or why the 1985 definition was amended, but the current definition
imposes more stringent requirements than the earlier definition. Furthennore, when the Sardy House
property was rezoned in 2005 from office to mixed use, boardinghouse was not included as an
allowed use or a conditional use. Clearly, the boardinghouse use is nonconfonning, but since the
use has continued, unabated, since it was approved in 1985, it would seem that the 1985 definition
should continue to apply for the purpose of detennining whether the boardinghouse component of
the Sardy House is in compliance with the Land Use Code.
2. What is the effect of simply discontinuing the current nonconfonning boardinghouse
use? Does a discontinuance of a nonconfonning use require a Development Order?
3. With respect to the applicability of Section 26.710 .180.D.1 0 of the Aspen Municipal
Code (Mixed Use _ Floor Area Ratio), as amended by Ordinance No. 12, Series of2006, Wlder what
circumstances could the Sardy House be considered "Free-Market Multi-Family Housing" as that
tenn is used in Subsection 10.A.3.? There is no definition of "Free-Market Multi-Family Housing"
in the Land Use Code. There is a definition for "Dwelling - Multi-Family." Under that definition,
a single-family dwelling can be considered a multi-family dwelling if a portion ofit is used for retail,
office or service commercial uses. Absent such an additional use, a single-family dwelling should
never be considered to be Free-Market Multi-Family Housing.
4. If the Sardy House (Main Residence and Carriage House) is not considered Free-
Market Multi-Family Housing, but continues to include a boardinghouse use component along with
a predominantly single-family use, would not the allowable floor area for the combined single-family
and boardinghouse uses be based upon a floor area ratio of 1: I? Such a combination of uses does
uu_,___,__
THE MYLER LAW FIRM, P.C.
James Lindt
June 9, 2006
Page 3
not fall within any of the categories described in Subsections 10.A.1, 2 or 3, or 10.B.1 or 2, of the
Mixed Use Floor Area Ratio Regulations. Thus, the only floor area limit in such a case is the 1: I
floor area ratio which applies in the Main Street Historic District (see second sentence of Subsection
10.A. of such Regulations.
5. Does the replacement ofa non-conforming use (boardinghouse - under any definition)
with a conforming use (single family), with no increase in the floor area of the existing structure in
which those uses are contained, constitute a change in use?
6. To what extent can boardinghouse uses be reduced before such use would be deemed
abandoned? For example, could a small portion of the Sardy House, sufficient to provide meals for
6 or more people, be open w the public for such purposes one week per year?
7. As long as at least 6 individuals are provided with overnight lodging andlor meals in
the Carriage House, for compensation, would a corporate retreat or vacation club type use be
consistent with a boardinghouse use under the 1985 definition?
8. I have included with this letter a set of plans for an interiorremodel that adds no floor
area and which does not contemplate a change in use from that currently approved (single-family and
boardinghouse). Please advise as to whether a building permit may be issued for the remodeling
work at this time. lbis example plan shows elimination of three bedrooms and baths from the upper
floor of the north wing (boardinghouse annex) and relocation of one of the lower floor kitchens into
an open common area.
We greatly appreciate the time and energy that you are devoting to this matter and we look
forward to your response.
Very truly yours,
By:
Enclosure
cc: John Worcester
1-
,
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,1""'\
t=XM I' b ,"t \"E r!
"
MBIlO1I1J!IlUII
RE:
Aspen Planning and zoning Commission
Colette Penne, Planning Office
Sardy Bouse - Conditional qse
April 2, 1 985
TO:
FROM:
DATE:
.c========~==~=========...=====.===============.=-====.~.=====c===~.=
. " ",.._,,,.. ,"",'., '",,", ',',_', ~""'__"_""n"..",.'-";'" ',...., ..,_;." ,-..<..; '...."-:.....:.,-.-.. .. "'i;<.J'
LOCA'fIOR.
128 E. Main Street.
IORIRG.
Lots P, Q. Rand S. and 25 feet of F, G, B and I. Block
66, plus the entire are,a of i:I!,e v,~ga.F_~.a..}~l,ley.
o - Office and R-6
APPLICART'S I!BQllBS'f. The applicant is requesting conditional use
approval to renovate the Sardy Bouse and to build new structures. all
to be used as a Bed aJld'il'.i'e'a1lfast Lodge.
BlICltGROURD AND REVIEW' The ,Sardy Bouse at 128 E. Main Street is
individually'designated as an 'lirsloric structure in" the, ,Exceptional'
category. Because Of this, d~signation; bQt1ii'cllange "from-re8'idential
to a lodging use and expansion of the struc1;ure,a,re,.Etx"",,pt f rom Change
in Use review and GMP competition according to Section 24-l1.2(b).
That section reads that
.The fOllowing development activity shall be exempted from
complying with the allo,tment procedures hereinafte,r provided for
(b) The enlargement of, or change of use in a structure
which has received, individual historic designation.. '
,- - --- ",."<- ..-._-.,-~~~,._"..,........,_.,_'....,..', , -,
The intention of the .office, zone is .to provide .for the, establishment
of offices and associatedcQwmerCl.81 rises in such a way as to' I>reserV"e"
the visual scale an4,Char~'ct:JtLsrr~1iiler}Yi'''siclential ,ar.!.as that now
are adjacent to commercial and blls1ness a,reae and along Main Street
and other high volume thoroughfares:. "1\ ""boardlng'nouse. is listed as
a Conditional llse with the condition that all conditional uses in the
Off ice zone shall be" conside~'etf; .,'" . - '. ,--,-:"~,, -,\,.-." "-.'"'~'''' ~'""",,,..,..._"""-'"'..;o_.~ ,"~Of~.",~"",,~~-:>,,':'Ib'''~~'lA;''
"(1) only for structures which have rec!,iy,e_d_!lJ@.t~~i_c.i1!,,~.ignation;
(2) f or no more than two (2) such condi tional uses in each
structure (not including within sllc,hlim,iJ:,!:!:):,Q!i)g~E!.s.s.~ry"clWelYfiig'--
units recognized as moderate, incom.,e, hO,u'ti,ng by an approved
housing plan); and
(3) only when off-street parking is provided with alley access
for those conditional llses along Main Street."
The Planning Office feels that .a Bed ,and Brea,ktast o~eration is quite
analagous to a boarding house and -n Es--tiie'fil\:"e-nH on ot the zone.
This application .alsoc9,m~lies with t)1etlir.;e"pr'oidslons 'above fo,r
Conditional Use in the Office zone district.
'. ",' '.,. ,~",.~_._"""~..._.__..,~..-.,._-~........"",.:....~~.."---"''''.,,...~,
Section 24-3.3(b) of the. Municipal Code sett;J:le c.~!;!1fi,...,~!,r..,~, grant
of Conditional Use 'in a.ll.-.'iOii~ districts and the consideration of its
sui tabil i ty as: ,... - ,-.'..'" .,'.- , ...... ',,-, '." -,' ,'. ......."..""-,._;..~. ,_..wn.-.....;.-",."I"."".~...,.~..i...~.--'(~.,,~...-;,,~........,.~...,."".-'
. (1) whether the proposed us.e otherwise complies with all require-
ments imposed by the zoning code;
(2) Whether the proposed use is consistent with the obj ectives
and purposes of this zoning code and 'the' applfcable zoning
district; and
,
,
("'\
"
(3) If the proposed use is d,!,signed to be compatible with surround-
ing land uses and uses in the area.'
In terms of Area and, Bulk Requirements, the proposal conforms with the
zoning code. The lot' area i,s 17,400 s. f. and the existing house is
4,007 s. f. The to.tal amolll)t o~ prilposed new construction is 6,506
s.f. for a total build-out of 10,513 ,s.f. This is a floor ai:ea,tatio
of .60:1 and the Office zone'.s FAR is.75:1 wttha'poss'l'b'rebOnus"'up
to 1:1. With all the,...build-outthilii wijr1>e'co"iiiitea in FAR, the total
will be about .65:1.(, Total number of guest rooiiiswnl~De'nine double-
occupancy roams and one parlour suite in the mainho~se snd ten rooms
in the proposed addition. ' " "" ".... '",',
The use is consistent with t!te obj ectives a!ld purposes of the Office
zone, however, the area whicn'ls"zo!led R-6 ,does not ,allow for the, Bed
and Breakfast use. The, strip which iszoned__lt"6"Issituate'd to,tlie
north of the vaca,ted alleY. 'Mr. Sardy sofd the' north 75 {'eef Of Lob
F, G, H and I over 25 years ago (prior to requirements for' sulialvislonf.
He then had the,alley vacated through the adoption of Ordinance T2,
adopted on March 6,"1961. Since he ownj!d, j:h.e property on botb slaes
of the alley, the entire area of the, vacat:edalley became part of his
parcel. When the zoning w'as '.;ubseq'LientlY placed on the block, the
division line between R-6 and 0 ~ Office was the alley, so this 25
foot piece was left in the R"6 zo,I,I~'
The applicant's representatives point out that in Section 24-3. 2<d)
there may be an approach to making the alteration in th,e zoning line
wi thout campI eting a full rezoning process. That Code section reads
as follows:
'24-2.3 Interpretation of the zoning district map.
When, due to the scale, lack of detail or illegibility of
the zoning district map, there is any uncertainty, contradiction
or conflict as to the intended 10,cation of any zoning district
boundary as ,shown t::hereoii;"tne bulfQ!ng inspector shall make an
interpretation of said map 'upon request of any person, and any
person aggrieved by any such interpretation llIay appeal the same
to the planning and zoning cOlllmission. The bui~i1ing inspector
and planning and zoning commission, in interpreting the llIap or
deciding any appeal, shall apply the following standards:
(a) The zoning district boundary lines are intended to
follow lot lines, or be parallel or perpendicular
thereto, or along the center lines of alleys, streets,
rights-of-way or water courses, unless such boundary
lines are fixed dimensipn~sh'?l'..non>the.}I1!,p.
(b) Where zoning district bo\!Ddary lines are so indicated
that they approxilllately follow lot lines, such lot lines
shall be construe!! tOl>~J:h,e_lJ<>~clary lines.
(c) Where a zoning district bound,ary line, divides a lot,
the location of such bogndary line, unless indicated by
dilllensions shown on the zoning llIap, shall be determined
by the use of the map scale"shown thereon.
(d) If, after application of th,e foregoing rules, uncertainty
still exists as to, the exact locationpf a zoning
district boundary, 'the an.. j,bin'oll detemlrie,rrna
reasonable manner, considering the hlsto"iy-"o'f"The
city's zoning o[dinancesandl1mendmen~,s_, and other
factors as sllall be de...~<!, reI evant:" .. -, - '." .....,
The planning Office does not believe that the above section applies to
this case. The atta,ched "p,P.\" of the zoning'llIap"'!iidlca'fe,""that the,re
is no problem in interpreting the scale, detail or legibility of the
line. Instead, we feel that the portions of Lots F, G, H and I should
be subject to a formal rezoning application and be considered re~~t!~~
2
,
I"
(')
l
to the criteria of section,24-l2.5. Should you concur with this
analysis, a Commission m'ember'~' sho~~, sponso"r the rezoning_ However,
until the rezoning procedure i~,""C90l!'p1ished, the Conditional Ose
permit for the entire site ca~not be granted.
Returning to our review of the criteria for.. COnditi(lnal Ose permits,
the use should be compatible with the ~urrottndin9 neignborhoOd. It is
si tuated at a very busy intersection an,t" has' public and commercial
uses surrounding it. The clinic and library are'to the west, lilt. Bell's
offices are to the north and Gr"cY"s'l." to the e"st. The northwest
corner of Block 56, is occcipied"l)y a multi-family structure and 'the
or ient"tion of the Sardy' property is toward the, south" ,~d east. To
the northe"st is the rectory for the ConnnunityChuich. '
The propos"l includes both" parking solution "nd "0 enployee housing
solution. Eight (8) parking spaces "re ~~ ~~ provided "nd the Engineer-
ing Department finds th"t number to be adequ"te for this project. The
spaces will be provided "s si'x (6) gro...tiia'l~el covered spllces beneath
the new buil ding and two (2) spaces at th~, ,west '>.1)0 of the vacated
alley. The enployee generation is el'pected to be twelve (12) persons
in the summer and winter sea~()ns andsl,x (_6,)~n a year-round basis.
Elllployee housing units'"tei b,Cpi'ovlde,frncYcide 'one (ll studio, one
(1) one-bedroom unit, and onE!', (1) two-bedroom unit. The Housing
Authority does not specifically review this, application because of its
exemption from GlIlP and CIi"nge in Ose, but through the referr"l process,
they complimented the applicant for "ddressing the need.
The Ilistoric Preservation ,committee has reviewed the plans on "
preliminary b"sis and th,iy were'enth...1i's.iii's"tlc. about-the :c:oncept "nd the
plans. Removal, of the, existing garage and addiHons' '01 'carriage
house' type structuresw'e're :!ioIuti9ns they found to be c911\p"tible.
They will be reviewing the plllns further as they progress in detail.
PLAIII!IIJlG OFF,ICIl RIlCOIlIl1l1ll1>AUOR., The, plandng Office recommends
"pproval and the graiiHiig,oor--a:-eorididoriarti'se pe't'mit for a Bed and
Breakfast boarding house use in the Sardy House, as presented, with the
following conditions:
1. Rezoning of the south 25 feet of ,Lots F, G, Il~d I from R-5
to 0 - Office must, be a,ccli"plTshe,n,"el::ore a, permit is issued
for construction 01) the'.'e, }o~~,.,
2. The facility must be a 11gen~ed food servi"e, establ1shmept
and mustcolUply with the RUles ana "iiigai.iiHciDtiGOverning' the
sanitation"'of Food service-Bstal>Usluaents in the State of
COlo'J:adc)"~"."" -,~..,_. ,..".~.~" ..... ........"".......i"""'."'~~...~,;.p~:;:L.~4i~:""::.,. -.,.,~"i,~~~::.:.~)"':." ...-~,,' "'-"', .., ,".
3. The city's Air Pollution Ordinance must be met.
4. Construction noise, dust "nd mud carry-out must be minilUized
and Chapter 16 of the Code cOlUplied with.
5. Trash storage and removal must be approved by the Engineering
Department. .. ,
6. Removal and relocation of the two (2) fruit trees must be
done in accordance' wHfisec:t'fon 13'::16i>f"tne coer".....
3
_.__...--~ ..,.-.--..- ~-_.._--
r-. n
CITY OF'ASPEN
130 south
aspen, col
303-S
lIena street
rado 81611
5-2020
LAND USE APPLICATION FORM
DATE SUBMITTED February 19. 1985
FEES
NAME Lake Forest Renovators, Inc.
ADORESS
626 Sheridan SQuare. Evanston, IL 60202
PHONE
(l12) 475-8282
NAME ot:' PROJECT
Sardy House
PItESENT ZONING
LOT SIZE
128 E. Main St., Aspen, Colorado ~lbll Lot$ S R. Q, P and S.
25 feet of Y, G. H, and I Block 6~ and the adjoining alley according to the
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.) records of Pitkin County.
LOCATION
CURRENT BUILD-OUT
sq. ft.
units
PROPOSED BUILD-OUT
sq. ft.
units
DESCRIPTION of EXISTING USES
DESCRIPTION OF LAND USE PROPOSAL Adaptive reuse of one of the most prominent and respected
Victorian buildings in Aspen by' creatin~ 10-12 elegant rooms, each with private bath facilitiE
The oro;ect will he a Bed & Breakfast operation. The parlour, livingroom, entry hall and front
stairway will remain completely intact and every effort will be made to keep as much of the
existing interior as possible. The exterior will be virtually unchanged on the MainSt. and
Aspen St. sides. . (More e~aborate pl.ans and ctesCrJ.pt:J.on WJ.LL l:o.dow.)
TYPE OF APPLICATION Conditional Use
APPLICABLE CODE SECTION (S)
24-33
PLAT ANENDMENT REQUIRED
DATE PRE-APPLICATION CONFERENCE COMPLETED
YES
. ,_NO
ATTACHl-!ENTS: 1.
Ail applicants must supply Proof of Ownership in the form of a
title insurance commitmf~~ or statement from an attorney indicating
.that he/she has researct I the title and verifies that the applicant
is the owner of the prOF 'ty (free of liens and eucumbrances.)
2.
If the process requires
must be supplied which ~
directions in some cases
public hearing, a Property Owner's List
'es all- owners within 300 feet 1n all
~nd adjacent owners in some cases.
3. Number of copies required (by code and/or in pre-application
conference. )
4.
Plat by Registered Surveyor
Yes
No
1-
Message
Page 1 of2
0xfA,'h /+ \1('1
James Lindt
From: James Lindt
Sent: Tuesday, May 16, 2006 8:49 AM
To: 'Gwen'
Subject: RE: Sardy House Question
Gwen.
I can't. We need to see-'l specifiUlla~. Sorry.
Thanks,
James
From: Gwen [mailto:gwen@rof.net]
Sent: Tuesday, May 16, 2006 8:37 AM
To: James Lindt
Subject: RE: Sardy House Question
I understand that, James, but this is a big gamble for a maybe. Can you give me an indication if bedrooms could
be lost for recreational type facilities in the rear and go from 8 bedrooms to 3 or 4? Thanks, Gwen
-----Original Message---n
From: James Lindt [mailto:jamesl@ci.aspen.co.us]
Sent: Tuesday, May 16, 2006 8:20 AM
To: Gwen
Subject: RE: Sardy House Question
Gwen,
As we discussed at th" mE.'"tirlg.. we_would need!ll.see..wecific plans and then we could~__
whelher a specific plan is acceptable under thElcurrent allowances for the buTidlng: ----
Thanks,
James
From: Gwen [mailto:gwen@rof.net]
Sent: Monday, May 15, 2006 5:22 PM
To: James Lindt; Amy Guthrie
Cc: delano@sardyhouse.com; Morris@sopris.oet; 'Sean de Moraes'
Subject: RE: Sardy House Question
Dear James,
Thanks so much for your quick response. We need to have one more answer to a question Daniel
posed to you in the meeting. Can we get a building permit now to reconfigure lhe back portion into
less bedrooms and more ancillary type rooms that we would have as usage for the boarding house?
In the meeting we discussed red cin the total n 4-iR-tlle-rear l1Quse
and the recrea lonal tvoP. rooms created. We need to~",,_c()!!!d w~_get_'!_buildir1~j)~iLnow for_
dOing this type of remodel to the back. ---
Thank you so much,
Gwen
-----Original Message-----
From: James Lindt [mailto:jamesl@cLaspen.co.us]
Sent: Monday, May 15, 2006 1:04 PM
To: delano@sardyhouse.com; Gwen
8/14/2006
~~-~,---~~,~ I ~~
Message
8/14/2006
Cc: Amy Guthrie; Chris Bendon; John Worcester
Subject: Sardy House Question
Daniel and Gwen.
Please let this e-mail serve as a response to the question that you posed to us in
writing on Friday. On Friday May 12th, you posed to us the following handwritien
question related to the Sardy House:
"Given the unique circumstances of the existing historic landmark Sardy House, is
there a way to arrive at a prospective buyer's goal to preserve the exterior of the
property as is, without increase of existing square footage, with use of the whole
property by one family or an extended family and with no commercial use?"
At Friday's meeting, you indicated Ihat you needed an answer to Ihe above question
by the end of the day on May 15th because your buyer's due-diligence deadline was
expiring. Given the short timeframe we have had to discuss the issue as a staff, the
only review process that we are aware of that you could apply for to convert the entire
structure into a single-family residence is an administrative change-in-use for a historic
property (Land Use Code Section 26.470.070(B)(2)), coupled with a Board of
Adjustment variance (Land Use Code Section 26.314) to legalize the existing FAR of
the building for a single-family residence. We could not approve a change-in-use of
the back porlion of the building to be part of the single,family residence without the
Board of Adjustment approving a dimensional requirement variance because
converting the entire property to a single-family residence without a dimensional
requirement variance would increase a non-conformity related to FAR.
The reason that converting the entire structure to a single-family residence would
increase the non-conformity is that the Mixed Use Zone District in which the property is
located has a much higher allowable FAR for a mixed use project than it does for a
single-family residence pursuant to Land Use Code Section 26.710.180. Therefore,
converting the entire building to a single-family residence would lower the allowable
FAR on the parcel, thereby increasing the extent to which the existing structure is over
the allowable FAR, which is not permitied pursuant 10 Land Use Code Section 26.312.
So you could apply for a Board of Adjustment variance and a change-in-use after the
6-month moralorium on new land use applications expires in October. Slaff will not
provide you wilh a recommendation on such an applicalion at this time and will only
render a recommendation once a full application has been submitied for review after
the moratorium. However, please note that a Board of Adjustment variance from
allowable dimensional requirements can only be granted by Ihe Board of Adjustment if
they find thai the allowable dimensional requirements of the underlying zoning place
an unnecessary hardship on Ihe applicant related to the land subjecl to the application.
The answer to your question provided in Ihis e-mail is based on current zoning, which
is subject to change. This e-mail does not create a legal or vested right.
Regards,
James Lindt
Senior Planner
City of Aspen
Page 2 of2
"..----..."
Elfu!JJ)' ~ ~/I
James Lindt
From:
Sent:
To:
Subject:
James Lindt
Wednesday, June 14, 2006 1 :38 PM
'David Myler'
RE: FW: Sardy House
Thanks David. We will have an interpretation for you within 30 days of your submittal
requesting interp.
-----Original Message-----
From: David Myler [mailto:dmyler@mylerlawpc.comJ
Sent: Wednesday, June 14, 2006 11:02 AM
To: James Lindt
SubJect: F'W: FW: Sardy House
James:
See below email from Daniel Delano.
David J. Myler
The Myler Law Firm, P.C.
211 Midland Avenue, Suite 201
Basalt, CO 81621
106 S. Mi:l Street, Suite 202
Aspen, Colorado 81611
Phone: (970) 927-0456
Fax: (970', 927-0374
dmyler@mylerlawpc.com
*********.~*************************************************************
CONFIDENTIALITY NOTICE:
This message is intended only for the individual or entity to which it is addressed and
may contain information that is attorney work-product, privileged, confidential and exempt
from disclosure under applicable law. If the reader of this message in not the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this
co~nunication is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the original message to us at the
above address via e-mail or the United States Parcel Service. The typewritten signature
included with this e-mail is not an electronic signature within the meaning of the
Electronic Signatures in Global and National Commerce Act or any other law of similar
import, including, without limitation, the Uniform Electronic Transactions Act as it may
be enacted by any state of the District of Columbia.
-----Original Message-----
From: Daniel Delano [mailto:delano@sardyhouse.com]
Sent: Tuesday, June 13, 2006 5:16 PM
To: David Myler
Subject: Re: FW: Sardy House
Dave:
The answer to James's question is that after three bedrooms are converted
into common area (as shown on the plan we submitted) there will be a total
of nine bedrooms remainirlg in the boardinghouse, although one of the
bedrooms currently is furnished with a sofa bed rather than a standard bed
and one bedroom is currently being used for storage.
Thanks,
Daniel
1
> Daniel:
>
> For your information.
>
>
> David J. Myler
>
> The Myler Law Firm, P.C.
>
> 211 Midland Avenue, Suite 201
>
> Basalt, CO 81621
>
> 106 S. t1i11 Street, Suite 202
>
> Aspen, Colorado 81611
>
> Phone: (970) 927-0456
>
> Fax: (970) 927-0374
>
> drnyler@mylerlawpc.com
>
> **********************************************************************
> *
>
> CONFIDENTIALITY NOTICE:
>
> This message is intended only for the individual or entity to which it
> is addressed and may contain information that is attorney
> work-product, privileged, confidential and exempt from disclosure
> under applicable law. If the reader of this message in not the
> intended recipient, you are hereby notified that any dissemination,
> distribution or copying of this communication is strictly prohibited.
> If you have received this communication in error, please notify us
> immediately by telephone and return
> the original message to us at the above address via e-mail or the United
> States Parcel Service. The typewritten signature included with this e-mail
> is not an electronic signature within the meaning of the Electronic
> Signatures in Global and National Commerce Act or any other law of similar
> import, including, without limitation, the Uniform Electronic Transactions
> Act as :'.t may be enacted by any state of the District of Columbia.
>
> -----Or~ginal Message-----
> From: James Lindt [mailto:jamesl@ci.aspen.co.us]
> Sent: Tuesday, June 13, 2006 2:41 PM
> To: dmy~er@mylerlawpc.com
> Subject: Sardy House
>
>
>
> Hi David,
>
> I am preparing to take your request for interpretation to our staff
> meeting for initial feedback on the questions you have posed in the
> interpretation request. Related to the final question you ask about
> the proposed remodel plans, do you know how many bedrooms this would
> leave them with in the Carriage House annex that are to be used as
> boardinghouse?
>
>
>
> Thanks,
>
> James
>
2
1
ice
City of Aspen/Pitkin County
530 E, Main St.. Lower Level
Aspen. CO 81611
970.920.5050
Fax: 970,920.5580
www.aspenhousingoffice.com
TO:
Mayor and Council
FROM:
Tom McCabe
THRU:
Bentley Henderson
DATE:
August 28, 2006
RE:
Aspen Country Inn Rent Subsidy
SUMMARY: Staff recommends a continuation of the Senior Rent Subsidy to Aspen
Country Inn for the 2006-2007 annual rent increase, 3%. This increase is per Housing
Guidelines and is well below maximum rents as determined by Colorado Housing and
Finance Authority (CHFA), see Attachment 1.
PREVIOUS COUNCIL ACTION: In 2006, City Council provided an annual rent subsidy
to qualifying seniors at Aspen Country Inn. The subsidy paid for the yearly rent increase.
The total subsidy paid was $2,832.00.
BACKGROUND: Aspen Country Inn is a tax credit property, the ownership of which
rests with APCHA as the General Partner and Boston Capital as the Special Limited
Partner.
DISCUSSION: Twelve tenants at Aspen Country Inn are eligible to receive the Senior
Subsidy began by City Council in 2005. The City subsidy paid for the 2005-2006 annual
rent increase, which normally would have been passed on to the tenants. City Council had
been asked by a member of the public to pay for the seniors' rent increases and City
Council agreed to cover the increase. The recommendation is for City Council to
continue the subsidy for the 2006-2007 rent increase.
FINANCIAL IMPLICATIONS: The subsidy amount for 2006-2007 is $2,892.00. The
subsidy received for the 2005-2006 year was $2,832.00. The cumulative City subsidy to
date will be: $5,724.00. See Attachment 2 for a complete analysis of the subsidy.
1
---.-,..,....,."-
RECOMMENDATION: Staff recommends that City Council provide a 2006-2007 rent
subsidy to senior tenants at Aspen Country Inn. A comprehensive analysis of APCHA
rents is scheduled for a future meeting at which time the Senior Subsidy and its potential
continuation be will discussed with City Council.
ALTERNATIVES: If Council does not wish to fund a Senior Subsidy for 2006-2007, the
annual rent increase would be passed on to the senior tenants, as it is for all other tenants.
The average increase to each senior tenant would be $20.00 per month.
CITY MANAGER COMMENTS:
Attachments:
1. A Comparison of Tax Credit Rents and CHFA Maximums
2. Aspen Country Inn - Senior Subsidy Analysis
2
- - -- --- ---1 -
ATTACHMENT #1
A Comparison of Tax Credit Rents and CHFA Maximums
2006
Approved
Rents
2006 CHFA
Maximum
Rents
Variance as a % of CHFA
Maximums
Truscott Phase II
(Buildings 10-70)
Studio $700 $1,024 68%
One-BR $937 $1,098 85%
Two-BR $1,112 $1,317 84%
(Buildings 200, 300)
Studio+ loft $700 $1,024 68%
One-BR $700 $1,098 64%
Two-BR $937 $1,317 71%
Two-BR+loft $1,112 $1,317 84%
Aspen Country Inn
(40%)
Studio $500 $693 72%
One-BR $589 $732 80%
Two-BR NA NA NA
(50%)
Studio $654 $853 77%
One-BR $753 $915 82%
Two-BR $907 $1,097 83%
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-----1
11.b
RESOLUTION NO. _65
(Series of 2006)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CALLING FOR AND ESTABLISHING A DATE FOR A SPECIAL MUNICIPAL ELECTION
TO BE CONDUCTED ON NOVEMBER 7, 2006.
WHEREAS, Section 2.2 of the Home Rule Charter of the City of Aspen provides that any
special municipal election may be called by resolution or ordinance of the City Council at least
sixty (60) days in advance of such election; and
WHEREAS, the City Council desires to place before the Aspen electorate certain ballot
questions; and
WHEREAS the City Council may add such additional questions to the ballot as it may
hereafter deem appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1.
A special municipal election shall be and is hereby called and established for Tuesday,
November 7, 2006, for the purpose of submitting to the electorate certain ballot questions to be
determined by the City Council at a future date.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
_ day of
,2006.
Helen Kalin Klanderud, Mayor
I ~ ..~---~--~~- ---------
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
JPW- saved: 8/17/2006-242-G:\john\word\resos\elect-spec-II-06.doc
2
IXc.
THE CITY OF ASPEN
Memorandum
To:
Aspen Mayor and City Council
From:
Date:
Paul Menter, Finance Director
8/24/2006
Thru:
Steve Barwick, City Manager
Cc:
John Worcester, City Attorney
Randy Ready, Assistant City Manager
Re:
Alternative Ballot Measures for Sales and Use Taxes, Transit,
Transportation and Parking: For August 28th Council Meeting
Summary:
This memorandum and its attachments provide two alternatives for Council
consideration for placing ballot measures on the November ballot. Both alternatives
include a proposed ballot measure for extending or replacing the existing .25% sales
tax for transportation and parking, and a proposal for a new 5% use tax on
construction materials.
Specifically, Alternative #1 (see Attachment A: Proposed ballot measure resolution
and long range plans) provides for renewal of the existing .25% sales tax for parking
and transportation, and approval of a new 5% use tax on construction materials to be
used to supplement the projected operating shortfall for the City's parking and
transportation operations as well as generate funding for major voter approved
projects in the areas of transit, transportation and parking.
Alternative #2 (see Attachment B: Proposed ballot measure resolution and long
range financial plans) provides for replacement of the existing .25% sales tax with a
new .45% sales tax, effective September I, 2009 (the date the current sales tax
expires) with no expiration, dedicated to parking and transportation operations; and
a new 5% use tax on construction materials exclusively for use on major voter
approved transportation improvement projects.
August 24, 2006
Alternative #2 differs from Alternative # 1 in that it segregates the sales and use
taxes. The increased sales tax (.45% up from .25%) is sufficient to cover all
projected operating costs of the parking and transportation funds. The City's total
local sales tax rate would increase on September 2, 2009 from 2.2% to 2.4%, and the
total sales tax rate paid by consumers in Aspen would increase from 8.6% to 8.8%.
In previous correspondence to Council, this amount was initially estimated at .33%,
Further evaluation clearly shows that due to the cost of capital equipment, labor and
fuel, and the projections that these cost centers will increase are rates higher than
those of revenue growth, .33% is inadequate in the long term to permanently fund
transit, transportation and parking operations in combination with projected fee
revenue. The newly proposed rate of .45% completely takes these cost issues into
account and provides a reasonable, stable funding source for this these important
services and programs.
Under alternative #2, the proposed use tax is restricted to major transit,
transportation and parking improvement projects and can only be used upon voter
approval of such projects.
By comparison Alternative #1 permits use tax funds to be used for parking and
transportation operations, and only reserves those funds not needed for such
operations for major voter approved parking and transportation projects.
Backl!:round:
These two alternatives are presented to Council for consideration to address two
long deliberated funding and policy issues:
1. The long term structural deficit in the City's parking and transportation funds,
and;
2. The need for a significant locally generated funding source for transit,
transportation, and parking challenges currently facing Aspen.
The impending structural deficit has been discussed with Council annually for the
past several years as an element of the annual budget development process. Current
forecasts indicate that the City's transportation enterprise fund could fall into a
deficit fund balance condition by the end of 2008 if a funding solution is not found.
The structural deficit in question is related to parking transit, and transportation
operations. Increases in service levels, the relative capital and labor intensive nature
of parking and transportation services (when compared to other tax and fee funded
services of the City), and the dramatic recent increases in fuel costs have all
contributed to an environment where operational costs are projected to continue
increasing at a much faster rate than parking fee and sales tax revenues.
2
August 24, 2006
Beginning to address this issue requires, at a minimum, the renewal of the existing
.25% sales tax, originally adopted in 1989 as a funding source for the Rio Grande
parking garage. Dramatic increases in parking, transit and transportation services,
implemented incrementally over time to address increasing service demand, have
outstripped the capacity of the existing .25% sales tax and fee revenues. A
supplemental funding source - in the form of an increased sales tax rate (Alternative
#2), or funding from an additional source, such as a use tax (Alternative #1) are
needed to fully fund projected costs of transit, transportation, and parking operations
at current levels into the foreseeable future.
Additionally, a funding source to address the City's prospective transit,
transportation and parking system needs is proposed. As described in previous
correspondence to Council, and discussed in previous work sessions, a use tax on
construction materials is recommended as this funding source. The lack of a City tax
on the construction sector of the local economy, and the impact on the transportation
system of the redevelopment cycle currently under way within Aspen's City limits
are, in summary, the basis for this recommendation.
Analvsis:
Alternative #1:
As proposed (see attached), this alternative provides for renewal of the existing
.25% sales taxfor seven years, extending the date for its sunset to December 31,
2016. The use tax ballot measure provides for a 5% use tax on construction
materials. Under alternative #1, the use tax can be used for both parking and
transportation operations and major capital projects upon voter approval.
For simplicity, "Alternative #1" LRP's are presented to show all remaining fund
balance in excess of amounts necessary for operations as one total in the
Transportation Fund. Alternative #1 forecasts this total ending balance between both
the parking and transportation funds as of December 31, 2016 at $35.2 million. This
amount should be considered a combination operating and capital project fund
balances.
This alternative assumes current service levels are maintained through the ten year
planning period, including the new west end service to the AABC, Truscott and the
Golf Course, and Burlingame Ranch, as well as all other free in-town transit
services. A 30% increase in parking fees across the City's entire parking system,
beginning in 2008, is a critical assumption as part of alternative # 1.
Alternative #2:
Staff developed alternative #2 at Council request for discussion at the work session
of August 15th. As proposed, this alternative provides for replacement of the existing
3
August 24, 2006
.25% sales tax with a .45% sales tax. The new sales tax to become effective upon
expiration of the existing sales tax on September 2, 2009. This sales tax is proposed,
per Council request, at a level sufficient to cover all parking, transit, and
transportation operating requirements and service levels over the coming ten year
planning period and beyond.
This alternative makes the same operating asswnptions regarding parking and
transportation service levels as alternative # I, but funds those services exclusively
from existing fee revenues (asswned to grow at identical rates in both scenarios) and
the proposed sales tax.
Alternative #2 also provides a proposed ballot measure for a new 5% use tax on
construction materials. Under this alternative, the use tax is limited in use to major
transit, transportation, and parking projects - and can only be used upon voter
approval of such projects. Unlike alternative #1, it cannot be used as a supplemental
source of revenue to parking fees and sales taxes for transit, transportation, and
parking operations.
While it requires an increase in the sales tax rate as well as a new use tax, alternative
#2 has the advantage of isolating the sales and use taxes from each other in terms of
purpose. The sales tax, at an increased rate, is sufficient in combination with
projected fee revenues, to cover all transit, transportation and parking operations,
including the Rio Grande parking garage. The use tax as presented in alternative #2
is exclusively reserved for major voter approved transit, transportation and parking
projects.
Both alternative ballot measures, under section #2, estimate first year use tax
collections at $9 million. This estimate includes taxes to be received from previously
permitted, but uncompleted projects, in the first fiscal year of the use tax (2007).
This is a maximwn amount that is anticipated to be collected. Please note that the
long range plan scenarios forecast collection of $5 million from this tax in the first
year, a more conservative asswnption. Due to the volatility of the use tax, staff
estimate that between $2 million and $6 million could be received in anyone year,
depending upon the size and nwnber of construction projects permitted in that year.
Recommendation:
Staff recommends that Council approve Alternative #2, authorizing a public vote on
November 7'h on two tax measures;
1. A new .45% sales tax, which would become effective upon the sunset of the
current .25% sales tax on September 2, 2009 (resulting in an increase in the
overall City sales tax rate of .2%, from 2.2% to 2.4%) dedicated in perpetuity to
City of Aspen transit, transportation and parking operations, and
4
August 24, 2006
2. A new 5% use tax on construction materials, to become effective January 1,
2007, and would be dedicated to major voter approved transit, transportation,
and parking capital projects.
Alternative #2 provides a reasonable and necessary solution to funding current
transit, transportation and parking services into the future, and provides a clearly
defined funding source for major projects in these three service areas.
5
Alternative #1
RESOLUTION NO.1tfi .
(Series of 2006)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN BALLOT
QUESTIONS AT THE NOVEMBER 7, 2006, MUNICIPAL ELECTION, AND
SETTING SUCH BALLOT TITLES.
WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen
City Charter to, on its own motion, submit questions to a vote of the electorate; and
WHEREAS, the City Council has determined that it is in the City of Aspen's best
interest to extend from September 1,2009, to December 31, 2017, the existing .25% sales
tax for the purpose of providing sufficient revenue for transit, transportation and parking
services and, capital improvements; and
WHEREAS, the City Council has determined that it is in the City of Aspen' s best
interest to add a new 5 % use tax on construction materials to supplement fee revenue and
sales taxes to ensure that current service levels continue for parking, transit, and
transportation services, and to provide a funding source for major capital improvements to
the City' s parking, transit and transportation systems to meet current and future needs of
residents and visitors; and
WHEREAS, for purposes of C.R.S. S 1-11-203.5, this Resolution shall serve to
set the ballot title and the ballot issue for the ballot questions and the ballot titles for the
ballot questions shall be the text of the ballot questions themselves.
--1-
Alternative #1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1.
The following question, authorizing the renewal and extension of the 0.25% sales
tax from December 31,2009 to December 31,2017, shall be placed on the ballot at the
City's special election to be held on November 7,2006:
CITY OF ASPEN - SALES TAX RENEWAL
Without raising additional taxes, shall the existing 0.25% (25 cents on a $100 purchase)
City of Aspen sales tax for the Rio Grande Parking Garage be extended from its current
expiration date of September I, 2009, to December 31, 2017, with the revenues derived
from such tax extension to be used to pay the costs of operation, maintenance, or capital
replacement of the Rio Grande Parking Garage, or City transit and transportation
services?
YES
NO
Section 2.
The following question, authorizing the levying of a new 5.0% use tax on
construction materials shall be placed on the ballot at the City' s special election to be held
on November 7,2006:
SHALL CITY OF ASPEN TAXES BE INCREASED BY AN ESTIMATED NINE
MILLION DOLLARS ($9,000,000.00) ANNUALLY FOR THE FIRST FULL FISCAL
YEAR (2007) AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY
THEREAFTER BY A 5% USE TAX ON CONSTRUCTION MATERIALS;
PROVIDED, THAT THE FIRST FIFTY THOUSAND ($50,000.00) OF THE
PERMITTED VALUE OF THE CONSTRUCTION MATERIALS FOR EACH
CONSTRCUTION PROJECT SHALL BE EXEMPT FROM TAXATION; AND,
PROVIDED FURTHER, THAT THE REVENUES DERIVED FROM SUCH USE TAX
ON CONSTRUCTION MATERIALS SHALL BE USED TO PAY THE COST OF
OPERATION, MAINTENANCE, AND CAPITAL REPLACEMENT OF THE RIO
GRANDE PARKING GARAGE, CITY TRANSIT SERVICES, OR OTHER
2
...-1
Alternative #1
TRANSPORTATION AND PARKJNG IMPROVEMENTS; AND, PROVIDED
FURTHER, THAT PRIOR VOTER APPROVAL SHALL BE REQUIRED FOR ANY
EXPENDITURES OF, OR BOND ISSUANCE PAYABLE FROM, THE USE TAX
REVENUES FOR OTHER TRANSIT, TRANSPORTATION OR PARKJNG
IMPROVEMENTS (BESIDES THE COST OF OPERATION, MAINTENANCE OR
CAPITAL REPLACEMENT OF THE RIO GRANDE PARKJNG GARAGE OR CITY
TRANSIT OR TRANSPORTATION SERVICE)?
YES
NO
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the _ day of
,2006.
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
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3
Alternative #2
RESOLUTION NO. be!...
(Series of 2006)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
SUBMITTING TO THE ELECTORATE OF THE CITY OF ASPEN BALLOT
QUESTIONS AT THE NOVEMBER 7, 2006, MUNICIPAL ELECTION, AND SETTING
SUCH BALLOT TITLES.
WHEREAS, the City Council is authorized pursuant to Section 5.7 of the Aspen
City Charter to, on its own motion, submit questions to a vote. of the electorate; and
WHEREAS, the City Council has determined that it is in the City of Aspen' s best
interest to impose a new 0.45% City of Aspen Sales Tax beginning on September 2,2009,
(upon the expiration of the existing 0.25 % Sales Tax) for the purpose of providing
sufficient revenue for transit, transportation and parking serviCes; and
WHEREAS, the City Council has determined that it is in the City of Aspen' s best
interest to add a new 5 % use tax on construction materials 10 supplement fee revenue and
sales taxes to ensure that current service levels continue for parking, transit, and
transportation services, and to provide a funding source for major capital improvements to
the City' s parking, transit and transportation systems to meet current and future needs of
residents and visitors; and
WHEREAS, for purposes of C.R.S. S 1-11-203.5, this Resolution shall serve to
set the ballot title and the ballot issue for the ballot questions and the ballot titles for the
ballot questions shall be the text of the ballot questions themselves; and
Alternative #2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section I.
The following question, authorizing the replacement and increase of the 0.25%
City of Aspen sales tax to 0.45% beginning on September 2, 2009, shall be placed on the
ballot at the City's special election to be held on November 7,2006:
CITY OF ASPEN - NEW 0.45% SALES TAX REPLACING 0.25% SALES TAX
SHALL CITY OF ASPEN TAXES BE INCREASED UP TO $3,000,000 ANNUALLY
FOR THE FIRST FULL FISCAL YEAR (2010), AND BY SUCH AMOUNTS AS MAY
BE GENERATED ANNUALLY THEREAFTER BY THE IMPOSITION OF A NEW
.45% SALES TAX COMMENCING ON SEPTEMBER 2, 2009 (THE DAY AFTER
THE EXPIRATION OF THE .25% SALES TAX FOR PARKING AND
TRANSPORTATION) FOR THE PURPOSE OF PAYING THE COSTS OF
OPERATION, MAINTENANCE, AND CAPITAL REPLACEMENT OF THE RIO
GRANDE PARKING GARAGE, AND CITY TRANSIT AND TRANSPORTATION
SERVICES?
YES
NO
Section 2.
The following question, authorizing the levying of a new 5.0% use tax on
construction materials shall be placed on the ballot at the City' s special election to be held
on November 7,2006:
SHALL CITY OF ASPEN TAXES BE INCREASED BY AN ESTIMATED NINE
MILLION DOLLARS ($9,000,000.00) ANNUALLY FOR THE FIRST FULL FISCAL
YEAR (2007) AND BY SUCH AMOUNTS AS MAY BE GENERATED ANNUALLY
THEREAFTER BY A 5% USE TAX ON CONSTRUCTION MATERIALS;
PROVIDED, THAT THE FIRST FIFTY THOUSAND ($50,000.00) OF THE
PERMITTED VALUE OF CONSTRUCTION MATERIALS FOR EACH
CONSTRUCTION PROJECT SHALL BE EXEMPT FROM TAXATION; AND,
PROVIDED FURTHER, THAT THE REVENUES DERIVED FROM SUCH USE TAX
ON CONSTRUCTION MATERIALS SHALL BE USED SOLELY TO PAY FOR
2
Alternative #2
TRANSIT, TRANSPORTATION AND PARKING CAPITAL IMPROVEMENTS,
ONLY UPON THE PRIOR VOTER APPROVAL?
YES
NO
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the _ day of
,2006.
Helen Kalin Klanderud, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify thai 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
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3