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HomeMy WebLinkAboutagenda.council.regular.20060828 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. l_,- 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 -~._.>..~.~,_.- 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, --.--..-.1 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. --~._~-,- . 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, . . . . . . . . . . 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: __~~___~.__ --I 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 - --------"-------...----.-----j 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. 3 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 4 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 5 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 6 ,...... ......I..-_.<~~_. 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. 7 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. 8 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. 9 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 10 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 3 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- 4 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 5 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 :-, c. li'l Y. ~). ~ 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). 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Q) Q) .... ~ C :::J Q) .2' () u. >. ~ c :J E E 0 () .c ~d ~~-lNdO~ .!Q :;: Q) ~d Ol - INd 6 ""') c Q) a. VIId 6 - INd 8 en <( Q) INd 8 -lNd L .c .... .... 0 ..... INdL-lNd9 '0 c eel INd 9-lNd 9 E Q) 0 INd 9 -lNd 11 Ol c :s2 ,., .... INd lI-lNd & CD eel 0 a.. - a >. II INd f:- INd <: E .... :J j:: 0 I INd Z - INd ~ INd ~ - LJOON LJOON . INV' ~ ~ VIIV' ~~-INV'O~ W't0l -INV' 6 w " ~ '> ~ ~ o ~ o . < . o '" < , E E o o ii .. . , o . ~ . < W't 6 - INV' 8 INV' 8 - INV' L o ~<H .r~ FELSBURG IIIIl HOLT & ULLEVIG l14E1il} Sf '" CIj ~ <Ii ~ /ioPI-' ~II}S ... '"!"e. LEGEND I!I = Block Number ~ Figure 3 Study Area North 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 72 75 16% . :., $'~J~MTm'j}1~:: 62 13% 13% 12% 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. .r~ FELSBURG .HOLT& ULLEVIG 41EJi17 St Sleek, erSt 1/12 0/10 ~ 0/10 2/12 5/12 '" C'.J b <f c.. NapL.' "117$ .A "'l-'e. 1/12 3/15 0 3/10 1/12 0/12 [!) 12/20 1/12 2/12 ~ 2/12 6/10 ~ 4/12 0/12 2/12 4/10 ~ 0/12 0/12 0/12 0/10 ~ PROJECT SITE 1/12 3/12 ----- LEGEND 1/7 [!] = Block Number - = <50% Occupied '., -_. = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces ~ Figure 4 Existing Weekday Parking Occupancy 5PM - 6PM North Aspen Jewish Community Cenler 04-037 6/21/04 rill FELSBURG IIIIlHOLT& ULLEVIG '" CIj ;S '<j f-ta//all1 / Sf. ---.; ~ = Block Number '" CIj 't> ~ ~ [!] 1/12 f-topk. ' Il}s A "....e. 0/12 ~ 12/20 1/12 0/12 PROJECT SITE 117 LEGEND -= <50% Occupied = Between 50% and 85% Occupied >85% Occupied Occupied SpacesfTotal Spaces ~ -= XIX = ~ Figure 5 Existing Weekday Parking Occupancy 7PM - 8PM North Aspen Jewish Community Center 04-037 6/21104 '" CIj ~ 0/12 l'j '" 0110 ~ CIj Sleek. b erst. 0110 ~ 1/12 ~ L.--. 1/12 1/12 [f] 1/12 0/12 ~ 3/12 0/12 3/10 ~ liop!\;. 0/12 117$ -1 Ve. 0/12 0/12 - ~ PROJECT 3/12 SITE r II:.. FELSBURG IIIIlHOLT& ULLEVIG ,,"' CIj ;S lQ Iiqllq/1J .s / I. -----.J ~--- LEGEND I!] = Block Number ~ <50% Occupied = Between 50% and 85% Occupied >85% Occupied -= -= XIX = Occupied SpaceslTotal Spaces 0/7 r Figure 6 Existing Saturday Parking Occupancy SAM - 9AM ~ North Aspen Jewish Community Center 04.037 6/21/04 ._____y__._...._.I__._ .r~ FELSBURG IIIIlHOLT & ULLEVIG ""iN/] St. Sleek. erSt. '" Ctj 1/12 ~ ~ ~ 2/12 '--- 1/12 ~ h'OAL. ~/r}S A "II/e. -- 0/12 on LEGEND ~ ; Block Number - ; <50% Occupied r ~ ; Between 50% and 85% Occupied -; >85% Occupied XIX ; Occupied SpacesfTotal Spaces ~ Figure 7 Existing Saturday Parking Occupancy 11AM - Noon North Aspen Jewish Community Center 04-037 6/21/04 ~ co ~ ~ Cl UJ l'l >. 1! -0. ~ g >-"i: Q. I-l.L.CI) f t ~ <J0<J ~ :>1-> "'...lUJ VJO...l ...l ...l r;::c:> I . . . 1ll iil I C. fI) I- CD ~ . II .~ 0 . ~ I 01 0 I . I I I . , . I - - I I . I I I . I . -I fI) :/ OJ iil c. I fI) 0 ~ ... ~ II ~ 0 01 C. , 01 0 \, o o It) 00000 lO 0 l.O 0 lO C':) C"?c N C\J 't""" sroeds JO JaqwnN o o ~ o I!) o I!) ... o ~ .~ co CI) ~ >- '0 Q) ro Q) ~ - ::I '0 ro .~ ~ "- u.. Q) Q) Q) c ~ Q) (!) c , 0 Q) - ro U) Q) "- en <( ::J >- 0.. '0 ::J OJ I.^Jd 0 ~ . V\Id 6 - c U) - Q) CI) ..c x - W c - "- '0 Q) C - c I.^Jd 6 -V\Id II ro Q) E 0 Q) >- 0 - OJ c C ::J ~ E "- E V\IdS-V\IdL ro 0... 0 >- 0 -;:: ..c ::J CI) >- 0 ~ '" I Q) a "0 ro -, VIId L - V\Id 9 - c Ol ~ Q) e 0.. j:: CI) <( Q) ..c - V\Id 9-V\Id 51 ..c :!::: ~ V\ld 51 - V\Id 1> V\Id1>-V\Idt ~ Q " ~ ~ ~ o ~ o ~ C . u i> .. , E E o U " ., . - c . o . < o ~<H 000 0:: - :JI-> "'-,'" lfJo-' -' -' ~;r::J .~ >. eel '0 ~ ::> os CI) . r .. I I . I . j . I . I . U) 1 Cl) ~ 0- l U) '" I :j: It I ~ I '0 '" 0- eel ... L) I . I l I 11 \ I \ . ~ o o '" o 0 000 l!') 0 a.n 0 to C? l:") C\l C\l ~ saaeds JO JaqwnN o '" V'lV6-V'/'tIB o o ';f o ~ o o ,... w " ~ " ~ ~ o .. o ~ E . " '" .. , E E o " ~ . .. .!l c . g < ~<J~ 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 ~~~~-~~~'--~ ;';'iKh~ I~ ~ "'..t h~, 'I.> > ~ '~ " r;" . _ ~.l"..,,_, ~~~ - ~'fi.jji]ill!~1,~r~---"~'~7~~ ~' I ~~~ n'''j;{~' ~ .;11.........._.~ ~~..:o ~ 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 .r~ FELSBURG 11III HOLT & ULLEVIG ,.. Cd S <ti I-t'tll'ttn oS / t.~ ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces ,.. Cd ~ OJ Sleek. erSt ,.. Cd ~ <Ii '--- I-topk. . //]s A --'ve. 2/10 ~ 20/20 1112 0/12 PROJECT SITE .:-- LEGEND r ~ Figure 10 Parking Conditions During Religious Services 5PM - 6PM North Aspen Jewish Community Center 04-037 3/23/06 -r:.ill FELSBURG . HOLT & ULLEVIG " C'J) f2 I(j Hll/lqrn / St. ------.J " C'J) f2 .... HoPk' Ins A "'''''8. Sleek erst. " C'J) ~ { '--- 12/12 ~ 20/20 1/12 5/12 5/10 ~ 2/10 0/12 PROJECT SITE 5/12 _ Y5~5 --- 1/12 3/12 - [!] 5/10 I 1/8 II 117 -- LEGEND ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces Figure 11 Parking During Special Events ~ 7PM - 8PM North Aspen Jewish Community Center 04-037 4/5/06 ~ txHlfJ IT F 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 .HOLT& ULLEVIU '" Ct) ;S Irj /-fa//a", / St. -----.J ,..; Ct) ;S '" Mal;' St. 8/eelr. erst. ~C/j ~ OJ -- 3/12 ~ 5/12 /-foPk' Ins A "'!/e. 0/12 PROJECT SITE .......---- LEGEND ~ = Block Number - = <50% Occupied = Between 50% and 85% Occupied - - = >85% Occupied XIX = Occupied Spaces/Total Spaces ~ Figure 4 Existing Winter Weekday Parking Occupancy 5PM - 6PM North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSBURG 'Ill HOLT & ULLEVIG " <i) 'S <Q /ia//am / Sf. ------.J 8/ee", 2/12 erSf. 3/12 ~ 1/12 3/12 4/12 ~ 4fain Sf. 2/12 2/12 2/12 2/12 /iop", . Ins A rrve. PROJECT SITE LEGEND ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces ~ Figure 5 Existing Summer Weekday Parking Occupancy 5PM - 6PM North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSBURG .HOLT& ULLEVIC '" CIj :[:; <tj ftCl//Clrn s / t. ----.....; '" CIj :[:; ". 8/eelr. erst. 2/10 ~ 12/20 1112 I1.1Clir)St. ftoPk' Ir)s A ,....,ve. 0/12 2/10 PROJECT SITE 1112 3/12 - IT] 5110 I 118 II 1/7 -- - LEGEND ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces ~ Figure 6 Existing Winter Weekday Parking Occupancy 7PM - 8PM North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSRURC, IIIIlHOLT& ULLEVIC ",. V; :;S <rj /-tallam / SI. -----..; '" V; :;S ... 81eek ersl. 0/12 li4ain Sl. /-tOPk' Ins A "ve. PROJECT SITE 2/12 2/12 - [!] 4/10 I 1/8 , / 4n -- ~ LEGEND ~ = Block Number _ = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces Figure 7 Existing Summer Weekday Parking Occupancy ~ 7PM - 8PM North Aspen Jewish Community Cenler 04-037 6/27/06 .r~ FELSBURG ",HOLT& ULLEVIG '" V) ;S <rj /-tallam / Sf. -----J ". V) ;S ". 81eek erSf. 0/12 0/10 ~ 0/10 1/12 ~ 1/12 1/12 0 1/12 0/12 ~ Main Sf. /-tOPk' Ins A -'ve. 1/12 0/12 PROJECT SITE 3/12 LEGEND ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Tolal Spaces ~ Figure 8 Existing Winter Saturday Parking Occupancy 8AM - 9AM North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSBURG 11III HOLT & ULLEVlG '" C() S "i ftilllilrn S / I. -------..; '" C() S '> l14ilir; Sl. 0/12 8lee", ersl. 170.0'" . Ir;s A .....ve. 0/12 PROJECT SITE LEGEND ~ = Block Number _ = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces Figure 9 Existing Summer Saturday Parking Occupancy lj\J 8AM - 9AM North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSBURG 11III HOLT & ULLEVIG '" C() S "i ftilllilrn / SI. -------..; 0/12 8lee", 1110 ~ erSI. 0110 1112 ~ 1112 1112 3/12 ~ 0110 l14ill" Sf [!J 1112 2112 0/12 ~ 0/12 2/10 ~ 16/20 0112 170.0'" . Ir;s A ""ve. 0/12 PROJECT SITE [!] 0/8 .:-- 3n LEGEND ~ = Block Number _ = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied SpaceslTotal Spaces Figure 11 Existing Summer Saturday Parking Occupancy lj\J 11 AM - Noon North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSBURG 11III HOLT & ULLEVlC, '" C() S "i ftilllilrn / SI. -------..; '" C() S '> 8lee.\; ersl. '" C() b { '--- l14illr; Sl. fto,o.\; . I'7S A .....ve. 2/10 ~ 20/20 1112 0/12 PROJECT SITE LEGEND ~ = Block Number - <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied SpaceslTotal Spaces ~ Figure 14 Winter - Parking Conditions During Religious Services 5PM - 6PM North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSBURl, 11III HOLT & ULLEVlG '" C() S "i ftilllilrn / SI. -------..; ..... C() S '> 8lee.\; ersl. 2/12 l14il1r; Sl. fto,o.\; . Ir;s A ""'/I'e, PROJECT SITE .:~ LEGEND ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied SpaceslTotal Spaces ~ Figure 15 Summer - Parking Conditions During Religious Services 5PM - 6PM North Aspen Jewish Community Center 04-037 6/27/06 .r~ FELSBURG 11III HOLT & ULLEVIC, ..... C() S "i ftilllilrn / SI. -------..; '" C() S '> 8lee.\; III 0 ~ ersl. 0110 2/12 ~ 4/12 0/12 1112 ~ l14il1r; Sl. 0 1112 1/12 12/12 ~ 2112 12/12 fto,o.\; . 6/12 lr;s4 ve. 0/12 2/10 PROJECT SITE 1112 3/12 - [!] SilO I 118 II 117 -- - LEGEND ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces ~ Figure 16 Winter - Parking During Special Events 7PM - 8PM North Aspen Jewish Community Center 04-037 6/27/06 I .r~ FELSBURG 11III HOLT & ULLEVIG 1112 2/10 ~ 0110 2/12 ~ 2/12 3/12 l14il1r; SI. 0 2/12 12/12 ~ 12/12 fto,o.\; . 0110 ~ I'7S4 ve. 20/20 1112 0112 PROJECT I SITE I LEGEND ~ = Block Number - = <50% Occupied - = Between 50% and 85% Occupied - = >85% Occupied XIX = Occupied Spaces/Total Spaces ~ North Figure 17 Summer - Parking During Special Events 7PM - 8PM Aspen Jewish Community Center 04.037 6/27/06 E't:.l,....; bi + G- p~S~ A~ ;e~ is',,,, 36'3 rl4fzeH.. ~ 5"6'2 "PM-17= (970)920-"25 ~~...a May 10, 2006 Mr. Ben Gagnon City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 -:'. :"''i~D ," -"'",,= ,"--!.jf If:P: 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. '-, ..'t j : .. ~ I .. --.... ", "0' ~- 0: o lA!, ~:{ :::~ 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. 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J',Ji.,~ .ll'IJ' lh'~ll j,~ ~"~ I:!~"lf! f .rel. ~ ~ _~ "l~~~~ ~:!~~t a ll~flh l~~ ,11,':': lii!!!l hl!>!lj!l ! t .,'.'l H,~.l 1':U;1 q ~ ~ ....~ ";;-O!~<l! .."..a~o;:~~ ~tl'l"a, :r'll .: hill '['at .' ~'!' , ~ :: :H", !h;dl ;,,/.1. :11 I I , 1;;!;kj15 N;JdSV ~ g , fL 0 ~ 7 ~ 1.1:: 8 <l: ::> \I ~ dI 1~ i t .11 II. VI\l "I :Si1 !! " II .f)1 Ii j . " " o ~ o ~ . o " .- !l ~ . u ~ u " ~ . " " 1;l0l"/il9 J.<%If'RfVq rl~ " o ..., ..., ~ ~" ,- CJ ~. ~ ~~~ ~ G::l5!-<o I k! (/)&:ls ~ :z; l3~o", I t3 UUlrJO' z~~~e ~t3~~ ifl ~~ ~ lCllj " o (() i i i I ! i I I 1 Q (Xl,! (j) 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. 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I [!- J(~~.:~~~ OOV}:1010:l 'N3dS'o" ~ ~ - t'Y'\ 0 !~~ >= ;:0 . ~ -- !is;; SNOIIV^ON3~ ~0I~UX3 =E El (!]~-~~ ~~~ ~ ,....... . .. ~!ti~~ ,,!;! I 0 SWnlNIWOONOJ 3NO HIl ,::i c::c 2!:"'!-: II f8 i I " I I I I I I i ~ I..x I i I I ~ ~il I I~ I! I II i~11 ! i ~ I! ~ Ii Iii! II ill ! i iUililill II I !, II i ! I ~ b!!ii III II; II n Ii IIh111lh I III i ! I ; ~B U UUbll :~ II: ~ iiI ~I:I Mn Ii Ii Iii; I Ii Ii.: Ii i Ii Ii b d ~ ri. 000000 0 0000000000000 ~ ~~ l n :z: ~ j :z: 0 0 ;::: .... !C ~ - I ~ i:'l . ~ ~ I , u:::~ I I ~ Ill] 9 I , I ~~ : . ,...- ,... ~ ~ ~~ ~ . ~ "'" . ~ ~[ ~~ :' "'~ ~ -~ . , . i ~ l ~~ .... ~ II c c c < c c c u 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' 'I " G RENO < SMITH -ARCHITECTS, 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@renosmith.com 0371 SOUTHS IDE DRIVE BASALT COLORADO 81621 970,927,6834 FACSIMILE 970.9276840 j - ~ u . <; ~ <l<J<l<l = - ... ... 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I- ...J .J UJ ...J .J Ii .J Z ...J UJ I- ...J UJ < ~ UJ > ...J UJ 0 UJ > ...J UJ .J UJ ...J > UJ UJ > .J I > UJ UJ > .J :r UJ > .J UJ UJ ...J > UJ I UJ ...J > UJ UJ > UJ I- ...J UJ ...J < Z ...J a UJ ...J < UJ UJ ...J .( 0 a a ...J I I- 0 a ...J I l- Ii ...J I l- I Z a I- 0 Z Z a I- 0 IL a I- 0 I ~ 0 Ii l- I ~ 0 Ii l- I Ii l- Ii 0 \) Ii ~ 10 Ii 0 \) ~ ~ 10 Ii Ii ~ 10 < Ii UJ I 0 ~ < Ii UJ I 0 ~ .( I 0 ~ IL \!) III l- lL III IL \!) III l- lL III IL l- lL III 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. l;:I:::. en "- en >- co c:: co co :::s en "> s- O> .::e:. 0:: ~ 0> Oz 0> u..w co -I~ ........ <(a.. en ~O co Z -I W ww ~> 0 Ow 0 0...0 ~ II ." ::J c .!!! .8 - c . 0)4=' 8.g- C> C> LO .~~ C> C ~ ::J co >. "t: ~ e a. c o "'" "5 .0 -= 0- ." C> 0> ...... ~ II ." 0) - _r3 0;:; 'E ." 0) -~ l- I ." ::J c ",.8 :;:::; c . 0)4=' - . o 0- a.'" C> C> LO + .~~ C> C ~ ::J co 0:: w ~ u.. o::<(CI) ~o:: f:2Zo -I~~ <(0...<.9 ~OZ Z-IO:: www ~>> OWW o...OCl) + ~ ~ e a. c o "'" .5 .0 -= 0- ." C> 0> ...... ~ 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. ...: ui 0 '" II 8 Ul l::! '" ... ~ - - '<5 ...: ~ ui 0 Q co '" " - :a p 0 " a> a> ;lj C :; :c .... Ul <( g ~ ~ ~ co E ... <( 1U co ~ .;; co 8 t) N ~ .. 8 a> C)I @) 0: ~ .. 0 it - .... '" Ul c- <:: N ~ N 0. N Oa>Ol 0: ~m " 0. .0 W :;::;>J:: <( El ;; ::l ~ 00/ c...!! - "- 0<:: CJ) .] " Ea>Ul ..... ~ a> Z) a><::Ul - O>t) .S is :l ~ <:: 0 xo..!! 0 ..~ El~ .. '" J: a> >. Ul ...: ~E 8' Q ..., ui Ul Cl 0-'- a> .S " ~ ~ <::<::~ 818 0. Z 00 0 > .~ e. 0. I I:E 0> 'C N '" " Ul i= .... 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I i ! .u,,"._.I:~~:tects I --....- ..:-....-1 ........-..-...---....._.__ _M_ ..............-,........_............".._ SPEARS RESIDENCE PARCB..lD'2735-1U:l.-1OO5 8lOCK65.LOTK.CITYN#:JTOWN~OFIISPEN lOOEASTIlLEEKERSTREET ASPEN,CCII..CIAAOoSl611 . . 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 ~ . . 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- -'O~ .... tI] . . ::J l ~ ._ \ WITNESS MY HAND AND OFFICIAL SEAL VI...... . . '0 -.. u':o -. ,.- v oS' ..,.c)ue~.' o~ "..,., .....- :\t "'1' OF CO My co 'ission e~p . ~~ // / 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'!~~) g aistp)"icLl!ndtnlll'k. I..otSput I , g f$\/\I?USH W~ ~Ol~SrrEI ~ t\ffUc~ ~&: ~~ 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~ '_.:..>:'_",'::..,,e __..,-<,;.,. ,:_' .......:.,-.'....:...:....:.'...}'" 7~/..-'-.-A-' - Bill To Mailing Adclress al1d Telephone Number: CITY Of ASI'EN Dy: ChiisBendoil. Commwnty Development Director ,;;1.9 t1J" ;;:;, ~ d .-~ 9 ~ y nr- J r ;;2-- J"'------ 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. 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"E d; Ii ~~'li~P ~i: ~..;~h .g:!~i~ hi! ~~ii-~Ii ~ii~~~! ilii hde:~ i!L!U i- ~ OIl I =1 ~ I i ~! i: ~ i ..;~ 5:3 1* i';;:! ~ _ - id > II ~~ I .s , ~ it , ~ ; <-. ;;: S o :;0 fTl J> (f) --l '-. ; I\.) OJ I I 0 0 n :--l ,) ^ I 0J (J) J> z 0 I 0 --l --.,J, C) C) '" '" '" C) C> '" C> z J> I " IOB] t-"-'-i iii(] l II ";D:J]! H -- I.! t-"-i i Il' !(ffi'I- 'J 1I@lm]1 <:d@~ ~ 21 '.~ ~ " . ~ J n . t-=-t I ,,' OJ'" ~~ t ~ ~ ll@E3l t----""-t Il1:n [lJ [] -.L iii! Ii llll!ll i'llll r'" _..~ !'l! !I! II II: L .._II,!11 - j 'I ~ I ~ ~L.._ I ~ I I I 1'1 Ii II -..-4>- L _._ 1111 I \ iI!1 ~ <I -..-..-4>-- ~ I I ') -~ I ! '- 1 U '-I 'I > ~l/: J -.L -.L c vIe FORUM Janss - Gibbs Residence 403 West Hallam, Aspen, CO. D r.o. Bo. ~S8 . ....p... co lall . UL ". '211. IHI . ,...~,.'.n. 'nJ -..-- I---~-.- i " I ' , I ~ II I ' ~ Ii ! I II I L___ I i !ill II , 1111 II I a~"l I ,al. · W" 'L- .... i" II'! . ! i!1 ': i II I j ~ ~ ~ g ~ " ~ .z ~ .. w .. 4>-..-..- ~~ I ,I 1111--1 c v c iii! i lll'i!ll l Illi I ~.._.. _.._u~ .~ .~ a I l.._u_ . 1 1 ~~ FOR U M Ll Janss - Gibbs Residence 403 West Hallam, Aspen, CO. P,O. Bn n. . A.p... CO'lU' . TEL HI ta. Inl . fAll 911 920. un -~I....- > r - -ll- - - - I . 0/"-" -"_..~ Ii 2 I 0 I , " " I ! I ~ I ~ ~~ I I ~ L - - I Z r- Ip-; .~ " l' I! .~ ,! " j ~T- III iI i III 'I j III 11 ! II I " H 5 I -.. ..-4>- I W-~. t7< W-"-"- ,/ . r I ~~i!il! !Ijh . g Z o " ~ ~ Z ill ~ I " ! . ~~ } ~ ~ ~ a~ ~ ~~ ! ,! - ~~ " u , I , ! GlCI iii! i illlll eve FORUM Janss - Gibbs Residence 403 West Hallam, Aspen, CO. P.O. 10. SU . "'po., co .1012 . TU ." ,,.. .HI . 'Al('" 91'. 71H [j -""1,----- ff ---I I I ~ ~ ~ ,~- - fft . . . . . . I I I I I L___ o/h_" -.:th~ . I I . I" I'" ,. ..tr.r.\.-h_' : 'V .' !l L.._ ._ o/h_h- .~ , ! , , h --I<v ~~ mi WI "II I 11 ~.._.11- I ~= ~ h_'_~ ! + ~~ I~JQ i!l! r 111!!ll li!lll c v c FOR U M o Janss - Gibbs Residence 403 West Hallam, Aspen, CO. P.O. I.. 151 . A.,.., CO lUll' Tit ". ,,,,. "21 . FAX HI Ht. 71J1 a I ~--_..- w-..-.- ~ ~ [E] [] ~~~ ! ! ! i i i 0/---" -_._._~ I I ---4;>. ~t> c v c ill! ij ll!l!ll i Ill! 80 l! ~ ~ t .~oG".c H l! lilll/I'I!1 1I!i "'''II ! II II PllllI-!111 ! I III I ! ) li~.m I , !!UII i! I Ii! mh!! I: It!i~ ~ i ~.m.~~~~.~~lg~c ~~~ia~~~~n~~~ IH!!!!P!qllll :!!!llil!i'!1 illi!l!dHillll illl I'll 1'1 Ill!!!!!!"!! i ! I' old!! ", ! ~ q ~ ~QOQff~~PP ~G448~~.eoeeB..4.4~ ill! II P II 11111 "l ill! !II ! piP 1,' Ii · , Ii', '!, ! i . I I ! q " ' I II i ! "i' ;1'- l,!' I' 'Il! II' I' !i ~ ~ FOR U M D Janss - Gibbs Residence 403 West Hallam, Aspen, CO. '.0.8n,51' ....,... cOlun. TlL n. t..tUI . ,...~ '0' .".7tH ~-,--_._,---""-' .' 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- -~-~-,,~~-~I~- 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 -3- -4- 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 ---1-- 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 -5- eJ,,; ~H 1/ 'b {lRfo~ 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 .,' " '"..~ . ,," ~:'~: '. , " I ..i:.,:":,..: '.. ,',;'" . . ..' !,. ~:: ~...' .. . .' .,' .' " -::- ~::, \, ~..'~ : ':. '~~" o':. ..,-:,,1, ., . :..>.~.~ 'n~:':" .-' .' >;......; -'I' '.: i ekl,lbr:t D .,' .' "J ' (-. . .. . . . ""'1-:: ,~, . '{:. , . &J4.3.l 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 (, EK";~ife 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= ..-' 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) '--' '\-- I 4- I \9 j ~ ~, ''';: ".- >OIl . '-,~,<~ ).1t~~:~~ ;-~;~jr~~ ,B,.....^"iI'.~;.;~..~ .-.~~~:...:' .::---~;'-:......~.:t.: ." __..~..,__.:....A..._.." ..~ r;'~"'=' ..~" ~,.~~ .'. ';.~<>...'Cr.:....'~.'.._" .' '" '~~>:-'.:AY~":~~ .:,~~ . ," ;~~;~,]:jr."-:~~ . ~'X,~];..;It,.~-:;; ';f~.''"'''~''!'\'~.~ " ",.,=t""jll'f:"l'I':,",'~ . ,:,~,~,;t<'.~, ,.-- . \ "" :ri!"~ ~. , . . . \ ,~ I I .~ \ ~ '30 lL- Dc,. 0 , I . tv) FY1;bii II 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. I I I 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 I I I , I c o 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 \~ (~~ 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- .' ~~ ..~ l., 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 (/ \v<\ r(){~ ~ ~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,} \1 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- , ~ - " r"'\ ,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% I-~-~"~"-~, ?1S=;:!~!Jo:l!'>~ -lCDro-l)>-lm :rO("):r::J:r= CD ;::;: c: CD ::J CD CC m'<3I\Jc..,a= ~~~89!.~ro tiJ"Oa......romro to a <" CD ;a (; ~. CD<CD.ol>>C:::l (/lCDQ)CO'C"..... C~3(\)c.~.cn g:ro2LcnQ.m -.CDcm-3"'(jl 0.1\,):::l0. - ':< 0..... (/l CD C 0) oOc:::l::J1\J "C -..J - ..... (") '< ~ (')g4cng:m ..... CD -. -. C ::J Q) ~.o~~2.cncn Q) C en -.CD Q) 0 :::I CD C en en <n _ _~O"-ERcnQ)Q) 4 . !;G. 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'" Q) @c::J:E~Q)- e: Q) fo-, > Q)gui.2U;:Qj e: Q) E >- a; I -rtl '" :;:: ~ >'uc :::1'00 c.. >- Z c: N C OJ en 0 ~ ~ <0,2 "'CCN~ - e: 0 ~ ~>..sQ):JQ)'- e: Q) .g I ::l :;: Ui ro:E~U)~=.2 0 iii 'in en CIl----..Q.l lIJ:::l U '0 >- _..c"O:JroQ)tfl e: iii C::::IctlO'"<1>>w Q) f0- e: .~ ~ c ~ .~ e O'J c. - < 2ro~,.....roa.~ '" .- Q)c-8"Sg.~ <u iii 'u :O~~NE>.ro .. e: 'OlQ)cQ)a~Q) '" =..cCJ:: C)..c: '" e: wt--<(t-a>Q)r-- :J ;;: .,....:NM..f~:5u> -----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 JPW - saved: 8/23/2006-632-G:\john\word\resos\ballot06-salesusetax-alt1.doc 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 JPW - saved: 8/23/2006-602-G:~ohn\word\resos\ba]]ot06-salesusetax-a1t2.doc 3