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HomeMy WebLinkAboutLand Use Case.707 E Hyman Ave.0043.2004.ASLU , _ ) $";;; x;~~, ,_ I erll!]h _ ~ x FIe Edt Ro<"" __ ""'"' __ Tab Help ....~';?i:IIb~:&jr~I~i:~I~i~~c U l: i I ........ .... ......... f- 1 sti>fenrit.1 \{- I p@:eoo.nent hl... ROl./i'lg S._ I ArcMng I Pan:e!. 1 C...lom rjelds 1 Feet I Fee S~ 1 &:tion. I Routing H....y PermiTl'P"I""" ..::lAspenlMdU..2OOI __100Ia2OOlASW . 8V _... AptIS....1 ~~ -~ ~ ~ . Ffemiifii..m.;.;on:: ..... ........ I8J J ? I. I fA....._1 ~ l'loiectl De.ctiItion!CDNDITIDNAI.. USE S_ISTAN ClAUSON ASSOC 9252323 r VisiJloon'heweb? ..A .;:j Routi'lgQ......I""" S...... I....... Applied 107_2001 .EJ Approved 1 .2.l I-I ij r...,; E><Pie. 107/0112005 .2.l ., CJockIR(o.,;~ DOl/.re P_ID: 1 31087 IiiI Ii (/) rI [!} L... N""", IHYMAN AVENUE HOLDIN ~ rut N""", PI1ono 119701 379-~ r MIDlAND AVE PEN CD S1611 p LMl N""", IHYMAN AVENUE HOLDIN ~ r.d N""", I ~ JfCl701'l7CI-'U';t4 r.....tt ''''117 rfAlDlANDAVE ;.1 SPEN CD 91611 . E....thepemii~ A-ppi )' CQJ--(~\A )o/lI/oLf 1 (II J^ WltV\CJ,l/UWl!\ . 011\ c ~ STAN CLAUSON ASSOCIATES, LLC Planning. Urban Design Landscape Architecture Transportation Studies Project Management 11 October 2004 200 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHO~E: 970_925.2323 FAX: 970.920.1628 E-MAIL: info@scaplanning_com WEB: www.scaplanning.com Mr. James Lindt, Senior Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Re: Withdrawal of Conditional Use Review for the Park Place Parking Lot Dear James: On behalf of Hyman A venue Holdings, LLC, we are writing to withdraw the application tendered on 25 June 2004 for conditional use approval for a commercial parking lot at 707 East Hyman Avenue. Redevelopment of the former "Hannah Dustin" Office Building at 300 South Spring Street has indicated to the applicant that there may be demand for accessory parking at this location in the manner previously proposed as a commercial parking lot. Moreover, City of Aspen staffhas acknowledged that there is no requirement that accessory parking attached to an office use must necessarily be reserved for the tenants of that office use. Rather, staff has confirmed that it is a widespread practice for parking provided as accessory to office and commercial development to be rented to those who are not tenants ofthe development. It has been acknowledged that there is no code regulation whatsoever regarding to whom accessory parking shall be rented or the rates at which parking may be rented. The City of Aspen Land Use Code simply provides that a certain number of parking spaces shall be provided as accessory to commercial development, unless otherwise exempted by special approval. It should also be noted that the Land Use Code does not specify a maximum amount of parking that may be provided as accessory to a development. While there may be a standard of reasonableness that applies, it is perfectly consistent with the land use code that a developer might provide, say, 30 spaces of accessory parking in responding to a parking requirement of25 spaces. It is in this context that the owners of the office building at 300 South Spring Street have chosen to provide 19 spaces of accessory parking on their property. Based on the 5,175 sf of net leasable contained within the structure, the calculated parking requirement would be 16 vehicles. Accessory parking has been provided at this location for many years, and the redeveloped parking facility with its associated landscaping is a considerable improvement over the former condition. PLANNING AND DESIGN SOLUTIONS FOR COMMUNITiES AND PRIVATE SECTOR CLIENTS C Mr. James Lindt, Senior Planner City of Aspen 11 October 2004 Page Two :) The applicant therefore believes that the parking area developed on the site meets all the requirements of zoning, operational aspects of the accessory parking are not regulated by the land use code, and the application for a commercial parking facility is withdrawn. Very truly yours, Stan Clauson, AlCP, ASLA STAN CLAUSON ASSOPCIATES, LLC Cc : Peter Fomell -, November 16,2004 ' 700 E. Hyman Condominium Owners' Association C/o Herb Kline Kline, Cote & Edwards, r.c 201 W. North Street, ste. 203 Aspen, CO 81611 .. . ~',-~-, . ~: .. ASPEN / PITKIN COMMUNITY DEVELOPMENT DEPARTMENT RE: 707 E. Hyman Commercial Parking Lot Complaint Dear Herb: I am writing this letter in response to the complaint filed by the 700 E. Hyman Condominium Owner's Association, which I understand you represent, related to the parking situation at the Hannah-Dustin Building located at 707 E. Hyman. The Community Development Staff has reviewed the complaint that the owner' of the Hannah-Dustin Building is operating a commercial parking lot on the vacant land just to the east of the of the Hannah-Dusting Building without obtaining necessary City approvals. . In researching the situation, Peter Fornell, a representative for the property owner has confirmed that they have not leased out more than the sixteen (16) off-street parking spaces required on the site in conjunction with the development of the Hannah-Dustin Building. Additionally, Mr. Fornell indicated that they do not intend to lease out more than the sixteen (16) required off-street parking spaces. ' City of Aspen Land Use Code Section 26.5l5.020(E), Restrictions of use of off-street parking areas, includes restrictions and prohibitions .regulating the use of required off- street parking. However, the above-referenced code section does not prohibit the leasing of off-street parking spaces to the general public. Moreover, it is common practice throughout town including the Office and Commercial Core Zone Districts for property owners to lease out required off-street parking spaces to people that do not have busiJless on the site of the parking spaces being leased. Given the above discussion, Staff does not feel that 707 E. Hyman Avenue is in violation of zoniilgat this point in that they have not leased out parking spaces that are in excess of their Tequired off-street parking. It is Staffs opinion that leasing out parking that is in excess of the required off-street parking would constitute a commercial parking facility and would necessitate a conditional use approval in the Office Zone District Therefore, Staff is not taking enforcement action at this time because leasing required oft~street parking is not prohibited by the land use code. Staff will pay attention to the situation to ensure that the owner does not lease out more than the sixteen (16) required oft~street parking spaces. 130 SOUTH GALENA STREET' ASPEN, COLORADO 81611-1975 , PHONE 970.920.5090 . FAX 970.920.5439 Printed on Re.:yded Pap" Nov-15-04 11:58 From-W.av.~.'-Smlth 8708256767 T-080 P 0%102 F-084 To: Herb Klein From: Peter Fornell Date: November 5. 2004 Re: Nov. 4 letter It is with some hesitation that 1 am responding to your latest letter delivered to me dated November 4 regarding my ose ofthe accessory parking lot at 707 E. Hyman. but since you seem to enjoy pushing paper I'll push some your way. Once again, please refer any correspondence regarding this matter to me personally. Jim Johnson is only retained to restore my legally obtained signatures in the matter of my Park place initiative. In my respOnse to your complaint of my use of parking previoosly, I wish to reiterate our position and the City's position, which is on record here. There are no regulations on accessory use parking. First, you are mistaken regarding the parking mitigation at Hannah Dustin. The building was constrllcted in 1968. At that time the required accessory parking was actually 2 spaces per 1000 sq. ft. of net leaseable. This lot has parked an average of25 cars per day for the past 20 years, far more than the minimum required for the building. It is an accessory use which has been established for decades. Users other than the Hannah Dustin building have always parked there. Second, I believe that to legislate my accessory use without reviewing a\1 accessory uses for downtown parking would be illegal as well as cause a great deal of exposure to the city. If you wish to legislate every accessory use parking lot in town, I'm sure your personal agenda will be met with a great deal of resistance locally. Your continued harassment is becoming more than just annoying. 1 am entitled to the quiet enjoyment of my Premises. I have discussed this with other counsel and we believe that there are legal methods for recourse ofthis type of activity, don't force my hand. By the way. I would think that you might be more attentive to the maner of our appeal ot'the decision of the hearing officer since today is your deadline for a response to the court. S;Ju Peter Fornell cc. John Worcester P.S. 1 find it interesting from your cover letter that only one of your clients even has a local phone number. Nov-15-04 11:58 From-W.ovor}.,!ml th 9709256767 H90 P.01/02 F-084 To: Herb Klein From: PeterFomell Date: November 2, 2004 Re: Klein letter dated Nov. I. 2004 Dear Mr. Klein, I am in receipt of your letter written to Mr. Johnson, my attorney, regarding our dispute of the resull$ of the hearing officer in the matter of my successful initiative petition to the citizens of Aspen. First as 1 know you are aware, Mr. Johnson was not a party to my discussions with Planning and Zoning, and Community Development regarding my intended temporary use with the lot adjacent to the Hannah Dustin Building. This was handled by my planner, Mr. Stan Clauson. Correspondence related my use there should be referred to me. As was set to record in the minutes of those meetings, there is no set limit of total parking which can be provided as an accessory use to a development in Aspen, only a rcquired minimum. Thc City acknowledges that even thcse accessory uses havc been free to lease and use their spaces in any matter they see fit. This includes the fact that the City built and leases space to the public right next door in the Bennedict Commons. If you think that you can pcrsuade the City to legislate accessOry use parking to further your personal agenda. I wish you luck. Do remember that the City, as well as many other owners in town are using accessory use parking to their financial benefit in other locations. City officials might not be too quick to legislate dollars out of their pockets. In the meanwhile, I intend to continue to use the lot for tenants at Hannah Dustin and leasc any spaccs unused by the building. In short, I believe that this letter equates to nothing more than harassmcnt to myself personally and my partnership. Please consider this the only response you will reccivc on my part with regard to this matter. Sincer7fY, ~....,\ .....>1 :,/ ~. /.' . _/ I i .~~1~ Peter Farnell cc, John Worcester -- " .-' " Herb S. Klein, 03:44 PM 11/11/2004,707 E. Hyman Parking To: "Herb S. Klein" <hsklein@rof,net> From: James Lindt <jamesl@cLaspen.co.us> Subject: 707 E, Hyman Parking Cc: johnw@cLaspen.co.us, joycea@cLaspen.co.us Bcc: Attached: Hi Herb, I just received your letter requesting enforcement related to the 707 E. Hyman parking, dated November 4th. You mention in your letter that it has come to your attention that "HAH" is actively advertising the parking lot as a commercial parking lot In order to help the City follow-up on your complaint, could you please provide us with your proof that "HAH" is actively advertising a commercial parking lot or least identify how you became aware of their active advertisement? Thanks, James Printed for James Lindt <jamesl@ci.aspen.co.us> 1 Herb Klein, 01 :10 AM 11/1?J2.004 , Re: 707 E. Hyman Parking .-... ...,/ Page 1 of2 From: "Herb Klein" <hsklein@rof.net> To: "James Lindt" <jamesl@cLaspen.co.us> Cc: <johnw@ci.aspen.co.us>, <joycea@ci.aspen.co.us> Subject: Re: 707 E. Hyman Parking Date: Fri, 12 Nov 2004 01:10:55 -0700 X-Mailer: Microsoft Outlook Express 6.00.2900.2180 X- Virus-Scanned: Symantec AntiVirus Scan Engine X-Spam: [F=0.0004001198; B=0.500(0); HS=0.500( -9900); S=O.O I 0; MH=0.500(20041111 09); R=0.038(sI676/n42301 )] X-MAIL-FROM: <hsklein@rof.net> X-SOURCE-IP: [66.75.162.134] X-MailScanner-Information: Please contact the ISP for more information X-MaiIScanner: Found to be clean hi james, i am having my office fax to you the ad that appeared in the paper. below is an email from peter fornell sent to the aspen board ofrealtors emaillist From: aborrentals@memberclicks.com [mailto:ab01Tentals@member!:lic_ks~G.Qm] On Behalf Of peter fornell Sent: Wednesday, October 13, 2004 2:46 PM To: aborrentals@memberclicks.com Subject: aborrentals: Parking for rent Dear associates, I have available parking for long and short term located at 707 E. Hyman Ave. I block from City Market, 2 blocks to the gondola. Rates vary based on length of stay, COMMISSIONS OF 10%. Rent parking for your most discriminating clients!! Call Peter F ornell 379-3434 ----- Original Message ----- From: "James Lindt" <jamesl@ci.aspen.co.us> To: "Herb S. Klein" <hsklein@rof.net> Cc: <johnw@ci.aspen.co.us>; <joycea@ci.aspen.co.us> Sent: Thursday, November 11, 2004 3:44 PM Subject: 707 E. Hyman Parking Hi Herb, I just received your letter requesting enforcement related to the 707 E. Hyman parking, dated November 4th. You mention in your letter that it has come to your attention that "HAH" is actively advertising the parking lot as a commercial parking lot In order to help the City follow-up on your complaint, could you please provide us with your proof that "HAH" is actively advertising a commercial parking lot or least identify how you became aware of their active advertisement? Thanks, James Printed for James Lindt <jamesl@ci.aspen.co.us> 11112/2004 Herb Klein, 01:10 AM 11/!;?L:Z004 ,Re: 707 E. Hyman Parking Page 2 0[2 James Lindt Aspen Community Development 920-5102 Printed for James Lindt <jamesl@ci.aspen.co.us> 11112/2004 Nov,12. 2084 1 :26PM HERBERT S. ~LE[N. p.:. 10.5410 8. KLEIN, cort & EDWARDS, P.C. 201 N. Mill St., #203 Aspen, CO 81611 970-925-8700 970~925-3977 fax H...bert s. Kloin Lance R. Cot. loseph E, Edwards, III Madhu B. Krlshnamurti LETTER OF FACSIMILE TRANSMISSION DATE: FAX NO: November 12,2004 926-5439 TO: FROM: RE: J a.mes Lindt Sue Gardner for Herb Klein 707 E. Hyman Parking Transmitting and/or Message: Ja.mes - Following are 2 pieces of evidence showing that HAH is actively advertising for commercial parking. One is an ad that was in the Aspen Times on October 13m, 2004 and the other is an e-mail that was forwarded to Herb that shows Fomell's e-mail to the Aspen Board of Realtors. Number of Pages: 2 (plus one for this cover sheet) if you do not receive all of the pages, please call us at 970-925-8700 as soon as possible. If you are not the intended addressee of this document, we regret the inconvenience caused you by its receipt. We ask that you telephone us, collect, to make arrangement for its disposition. BeCause this document may contain privileged or confidential information intended only for the addressee, we must request that you take such steps as may be necessary to insure that this transmission is either destroyed or returned to us at our expense. Thank you for your assistance. Nov.!2 2004 1:26PM HERBERT S KLEI~. PC. k641C p. 2 Park Place Convenient, affordable public parking 1 block to City Market, 2 blocks to Gondola . Parking monthly, season, annual. . . From$250./ll1o.Call Peter Fornell 379-3434 . k6L'Q P 3 "~6~ I of! ~ov.12. 2004 1:26PM HERBER, S. L:IN. P.C. Herb S. Klein From: To: Sent: SUbJect; "Bert Myrin" <bert@myrin.com> "Annette Daly" <DALYAPD@aoJ.com>; "Herb Klein" <hsklein@rof.net> Wednt!lsday, Octobt!lr 13,20043:06 PM FW: aborrentals: Parking for rent FYI - >From the Board of Realtors em ail list. Thank you. - Bert Prom: aborrenUils@memberclicks.com [mailto:aborrentals@membercllcks.com] On Behalf Of peter fomell Sent: Wednesday, october 13, 2004 2:46 PM To: aborrentals@membercllcks.com Subject, aborrentals: Parklng for rent Dear associates, I have available parKing for long and short term located at 707 E Hyman Ave. 1 block from City MarKt!l\, 2 blocks to the gondola. Rates vary based on length of stay, COMMISSIONS OF 10%. Rent parking for your most discriminating cllentsll Call Peter Fomell 379-3434 10/13/2004 \ f KLEIN, COTE & EDWARDS,?C. II HERBERT S. KLEIN LANCE R. COT~ . JOSEPH E. EDWARDS, III MADHU B. KRI$HNAMURTI hsklein@rof.net cote@rof.net jody@vanion.com madhu@rof.net Attorneys at Law 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (970) 925-8700 Facsimile (970) 925-3977 . also admitted in California November 4, 2004 Jr'~r~ ~nt.L ~-Ic~? I crry A~Nf'r. (7// ~ JJ NO .. SOFFlcE~ V U', 2D04 Via Hand Deliverv John Worcester, Esq. City of Aspen Attorney 130 S. Galena St Aspen, CO 81611 Re: Park Place Commercial Parking Lot Dear John: I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the "Association") concerning Hyman Avenue Holdings, LLC's ("HAH")) intended use of its property near the comer of Spring St and E. Hyman A venue, in Aspen, for a commercial parking lot The 700 E. Hyman Condominiums are located directly across E. Hyman Avenue from the proposed parking lot and the Association has serious concerns about the adverse impacts that this use will have on the neighborhood and the property of its members. HAH submitted a conditional use application to the City seeking approval for a 20 space commercial parking lot The property is in the Office zone district and such use is listed as a conditional use. Section 26.710.180 C.5 of the City Code, which sets forth the Office (0) zone district regulations, states with respect to a commercial parking lot as a conditional use as follows: Commercial parking lot or parking structure that is independent of required off-street parking, provided that it is not located abutting Main Street; (Emphasis added.) The parcel involved consists of four townsite lots. These are included in the plat map for the Hannah Dusting Building Condominiums, recorded in 1985. The parking lot is proposed for two of these lots. No parking for the Hannah Dustin Building users was provided in the application and the commercial parking lot use will render the Hannah Dustin Building a non-conforming use, without any Code mandated parking. According to the applicant there is over 5000 square feet of net leasable area for the Hannah Dustin Building. The Code requires 3 spaces for each 1000 square feet Thus, 16 spaces are required to support the Hannah Dustin Building use. We raised objections to the application at the October 5, 2004, Aspen Planning and Zoning Commission("PZ") hearing on the conditional use application for various reasons, including the failure of the application to comply with the above stated Code requirements and its creation of a non-conformity. During the hearing Comdev staff indicated that although it was correct that there c ^",., ,./ John Worcester, Esq. City of Aspen Attorney November 4,2004 Page 2 needed to be parking available to support the Hannah Dustin Building, they did not have a mechanism to enforce such a requirement and that the City did not restrict landlords from renting parking spaces required under the zoning to support commercial properties to members of the public. The PZ appeared troubled by this but due to the Vice-Presidential debate scheduled that evening, the hearing was adjourned and continued to October 12'" without further discussion of this Issue. At the October 12, 2004, continued PZ hearing, Mr. Fornell, on behalf of HAH, withdrew the application stating that he did not believe any City approval was necessary in order for HAH to conduct this activity. It has come to our attention recently that subsequent to the hearing, HAH is actively advertising for users of the commercial parking lot Since the Code is crystal clear as to its requirements and HAH is blatantly pursuing a use that is in violation of the Code, we request that the City undertake immediate enforcement efforts to prevent this use until all necessary City approvals are obtained. Prompt action is necessary since leases for the spaces are being actively pursued by HAH and further delay will complicate the enforcement efforts and perhaps make it necessary to join tenants in any such action. I would appreciate your immediate attention to this matter and please notify me of your intended course of action. Very truly yours, KLEIN, COTE & EDWARDS, P.c. By /~is~.~ Attachment cc: Jim Johnson, Esq. wlo att. (via fax) Clients wlo att. (via fax) 700 E Hyman condo assn\worcester-enforcltr.wpd - "'" , - KLEIN, COTE & EDWARDS, P.c. HERBERT S. KLEIN LANCE R. COTe' JOSEPH E. EDWARDS, III MADHU B. KRISHNAMURTI hsklein@rof.net cote@rof.net jody@vanion.com madhu@rof.net Attorneys at Law 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (910) 925.8700 Facsimile (970) 925.3977 . also admitted in California November 1,2004 Via Facsimile to 303-825-6525 James T. Johnson, Esq. Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 Seventeenth St., Suite 1600 Denver, CO 80202 CITY mORNEY'S OFFICE NOV 0 L1 2004 Re: Park Place Commercial Parking Lot Dear Jim: I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the "Association") concerning the your client's (Hyman Avenue Holdings, LLC ("HAH")) intended use of its property near the comer of Spring St. and E. Hyman Avenue, in Aspen, for a commercial parking lot. The 700 E. Hyman Condominiums are located directly across E. Hyman Avenue from the proposed parking lot and the Association has serious concerns about the adverse impacts that this use will have on the neighborhood and the property of its members. At the October 12,2004, hearing of the Aspen Planning and Zoning Commission on your client's conditional use application for the parking lot, Mr. Fornell withdrew the application stating that he did not believe any City approval was necessary in order for HAH to conduct this activity. It has come to our attention recently that subsequent to the hearing, HAH is actively advertising for users of the commercial parking lot. The purpose of this letter is to inform you that the Association will pursue all necessary actions to prevent the commercial parking lot from use without its first obtaining all requisite City land use code approvals and permits and will continue to oppose the granting of such approvals. We demand that your client immediately cease and desist from operating the property as a commercial parking lot and discontinue its advertising for the rental of spaces for this illegal and unapproved use. By putting you on notice of the Association's opposition and intention to pursue all legal recourse available to prevent the use, you are advised that any leases or contracts entered into pending resolution of this dispute may be subject to injunctive relief and voidable due to illegality, by action of the City or the Association. . '*"" ". ""..... " James T. Johnson, Esq. Otten, Johnson, Robinson, Neff & Ragonetti, P.C. November I, 2004 Page 2 The City land use code is crystal clear that a commercial parking lot in the Office zone district is a conditional use and requires approval from the City before such use can be made of your client's property. Your client has blatantly disregarded the code's requirements and the Association will be taking steps to enforce its rights in this regard. I would appreciate your immediate notification of your client of our position. If you wish to speak with me about this matter, please feel free to call. Very truly yours, KLEIN, COTE & EDWARDS, P .C. By: /rLAfkrd ~~/~ . Herbert S. Klein. 70ey cc: client John Worcester 700 E Hyman condo assn\johnson-estopltr.wpd ,..-. - _ LAW OFFICES ...., FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN ASPEN, COLORADO ATTORNEYS AT LAW DAVIDJMYLER, P,C, E. MICHAEL HOFFMAN, P,C' 106 SOUTH MILL STREET SUITE 202 ASPEN, COWRADO 81611 IN KANSAS CITY, MISSOURI FREILICH. LEITNER & CARLISLE ATTORNEYS AT LAW FACSIMILE (970) 920-4259 TELEPHONE (970) 920-10 18 ROBERT H FREILICH, Pc. ').M MARTIN L LEITNER, p,c.' RICHARD G. CARLISLE, P.c. ' S, MARK WHITE 7,> ROBIN A. KRAMER 1,"--' TYSON SMITH' ELISA L. PASTER, ' ADMlTTEDlNCO' I\DMlTTf.PlNMO'.KS',CA',r;V',SC',fL' ....U'"Ell October 12, 2004 Aspen Planning and Zoning Commission c/o Joyce Algaier 130 S. Galena Aspen, Colorado 81611 Re: Application of Hyman Avenue Holdings, LLC for a Surface Parking Lot at 707 East Hyman (the "Application"). Ladies and Gentlemen: Last week there was some confusion regarding the difference between the off-street parking Hyman Avenue Holdings, LLC ("the Developer"), is required to supply in connection with the Hannah- Dustin Building and its current request to use the property as a commercial parking lot. This question is important because there is a substantial difference between parking associated with an existing structure and use and that made available to the general public in exchange for a fee when the parking is not associated with existing development. Parking supplied in connection with an existing structure and use is part of the development accepted by the City when the project conforms to existing zoning requirements and/or is approved in a land use review process. Parking is accepted by adjacent land owners when they buy into the zoning district and/or participate in the land use review process. A commercial parking lot, on the other hand, represents an invitation to the public at large to come into the neighborhood to park their car or truck. Acceptance of this invitation negatively impacts neighboring parcels through the creation of noise and air pollution, traffic congestion and other effects. In some neighborhoods increased traffic flow might be seen as beneficial, by creating more opportunity for commerce, but this is not true in a residential area such as this one. As stated by the Developer's representatives at the hearing, a total of 16 off-street parking spaces are required in connection with the Hannah-Dustin Building. Developer's application here is to use just three of the 19 proposed spaces for commercial purposes. Although this is presented to you as a -- FRIiOILICH,MYLER, LEITNER & ~LISLE , Aspen Planning and Zoning Commission October 12, 2004 Page 2 modest request, an approval would undermine the City's ability to reject the grander Park Place proposal if it ever emerges from litigation or is resubmitted to the City for consideration. As described at length in my letter to you oflast week and in the first paragraph ofthis correspondence, commercial use is incompatible with this neighborhood. Allowing a modest amount of commercial parking to be developed on the 707 E. Hyman property would, in fact, represent a "Trojan horse," allowing a massive five-and-a-half story automated parking structure to emerge from three spaces of 8 Yz feet by 18 feet. Please do not allow this ploy to succeed. While we admire this developer's persistence in advancing its concept for the development ofthis site, that persistence cannot and does not transform an ill-advised use into one which is right for the City, the neighborhood or the property. The developer should reconsider its plans for this site and submit a new application which is consistent with the law and spirit of the Office zone district. As evidenced by the many successful residential projects located in the area, profitable real estate development is possible here within the constraints of existing governmental regulations and the needs of the neighbors. Sincerely, FREILICH, MYLER, LEITNER & CARLISLE ~ E. Michael Hoffinan ......., , IV. C. MEMORANDUM TO: Aspen Planning and Zoning Commission <JtA THRU: Joyce Allgaier, Community Development Deputy Director FROM: James Lindt, Planner ::n~ RE: 707 E. Hyman Conditional Use for Commercial Parking Lot-Public Hearing DATE: October 5, 2004 PROPOSED LAND USE: Commercial Parking Lot ApPLICANT: Hyman Avenue Holdings, LLC LOCATION: 707 E. Hyman Avenue ZONING: Office Zone District REVIEW PROCEDURE: Conditional Use: The Planning and Zoning Commission shall by resolution approve, approve with conditions, or deny a development application for a conditional use, after reviewing a recommendation by the Community Development Director. STAFF RECOMMENDATION: Denial of Currently Proposed Parking Configuration SUMMARY: The Applicant has requested conditional use approval to make physical improvements and operate a commercial parking lot on the vacant land located at 707 E. Hyman. The Applicant previously proposed an automated commercial parking facility (formerly known as Park Place) on the property that was to be housed within a four-story structure, which was denied by City CounciL The A-frame structure that existed on the site has been demolished leaving a vacant parking area. In order to operate a commercial parking lot on the site, the Applicant requires conditional use approvaL The Planning and Zoning Commission may approve, approve with conditions, or deny the proposed request. PROPOSED PHYSICAL IMPROVEMENTS To SITE: The Applicant is proposing to maintain the subject site as a washed gravel-parking surface taking access off of East Hyman Avenue. In addition, the Applicant is proposing to provide several street trees in the East Hyman Right-of-Way adjacent to the proposed parking lot and some landscaping adjacent to the northwest corner of the facility in an effort to screen the parking from the South Spring Street and East Hyman Right-of-Ways. Landscaping has been proposed along the alley to screen the parking from the alley along with a chain fence on wrought iron posts that would encompass the parking area. STAFF COMMENTS: USE: The Aspen Area Community Plan (AACP) appears to contain objectives and goals that both support and discourage approval of the proposed public parking use on this site. As was pointed out in the review of the "Park Place" application, a statement exists in the AACP that suggests that the supply of public parking within the Aspen Community Growth Boundary should be limited to 1998 levels. The above statement appears not to support the addition of this public parking. On the other hand, the Economic Sustainability Report (a follow-up to the AACP) recommended that the City "continue to reinvest in Aspen's infrastructure through collaboratively exploring public/private partnerships for certain projects and moving forward on others that have already been approved". 'These include: 1) The entrance to Aspen as approved in the CDOT Record of Decision; 2) Possible additional and more convenient parking; and, 3) A gondola interconnect for the four ski areas." The above statements from the Economic Sustainability Report appear to support the addition of publicly available parking in an area that is relatively close to the gondola and the commercial core as this site is. Given that there are AACP objectives both supporting and discouraging the proposed public parking lot use, normally a conditional use is reviewed based upon whether the negative impacts of said use are sufficiently mitigated. That being the case, Staff feels that the proposed use is appropriate provided that the negative impacts of the commercial parking is satisfactorily mitigated. Thus, the remainder of the memo discusses the anticipated impacts of the proposed use and an analysis as to whether the negative impacts are appropriately mitigated. ,-o<'N'" STAFF ANALYSIS: Setting aside the above discussion about the appropriateness of the use, in reviewing the proposed parking configuration and physical improvements, Staff feels that it would be more appropriate for the Applicant to abandon the existing curb cut off of East Hyman and take access to the parking facility from the alley. Staff believes that the current parking configuration may cause queuing issues in East Hyman Avenue and feels that it would be less impactive on vehicular circulation if they closed off the Hyman Avenue entrance and proposed access off the alley. Staff also feels that bringing access from the alley would alleviate pedestrian/vehicular conflicts with people walking along E. Hyman. Staff feels that the Applicant could still provide the same number of proposed parking spaces and create a more substantial landscape barrier along East Hyman Avenue if they were to simply flip flop the vehicular entrance to the alley and move the hammerhead for backing up to the north side of the property. The City Engineer also has endorsed closing off vehicular access to the site from E. Hyman and requiring patrons to access the site from the alley. Thus, Staff would recommend that the Applicant be required to flip the parking plan as described above. Staff is also concerned about the proposed chain link fence in that the City of Aspen fence regulations do not permit fences that are visible from the public right-of-way to be constructed out of materials other than wood, stone, wrought iron, or masonry pursuant to Land Use Code Section 26.575.050, Fences. The Applicant has made the argument that the fence would contain wrought iron chain fence to meet the City fence regulations. However, the City of Aspen Zoning Officer has interpreted that a wrought iron chain fence conflicts with the intent of the fence material requirements in the land use code. Staff feels that the intent of the code requirements for fence materials is to limit the allowable fence materials to wood, stone, masonry, or a wrought iron post fence and not a chain fence. Chain fences have traditionally been prohibited. That being the case, Staff would suggest that if the Planning and Zoning Commission is inclined to approve the proposal that the Applicant be required to construct a fence that complies with the City of Aspen fence regulations related to allowed materials. This requirement has been included as a proposed condition of approval in the attached resolution. OPERATING CHARACTERISTICS: As described in the application, the Applicant has proposed to provide both day rental and monthly rental of parking spaces. Customers who would be renting the parking spaces either on a monthly or daily basis would have the option of obtaining a pass card either by seeing the manger of the adjacent Hannah-Dustin Building or obtaining a pass card through the maiL In reviewing the impacts associated with administering the renting of spaces, Staff feels that requiring a prospective parker to see the manager of the building next door could cause traffic and parking problems in the right-of-ways surrounding the site while the prospective customer is trying to obtain a pass card. EMPLOYEE GENERATION: As was described above, the commercial parking lot operation is proposed to be fully automated with the exception that daily and monthly parking passes may be obtained from the manager of ,r-. "'. ,/ "" the adjacent Hannah-Dustin building that is on the same property. Therefore, the Planning Staff does not believe that there will be any employees generated by the proposed operation. Additionally, the Aspen/Pitkin County Housing Authority Staff (please see housing referral comments attached as part of Exhibit "C") has reviewed the request and concurs that no employees will be generated by the proposed commercial parking lot operations. Staff is recommending that no employee housing mitigation be required for the proposed commercial parking lot as long as it operates as an automated facility as represented in the application. IMPACTS: In reviewing the impacts associated with this conditional use request, Staff believes that the noise associated with 24-hour parking on a gravel surface could be disruptive to the neighboring affordable housing development Additionally, the windows of the neighboring Benedict Commons Affordable Housing project are at such a level where SUV headlights would shine directly into the windows of the neighboring property in the evening as can be seen in the photo below: Staff brought these concerns to the Applicant's attention and the Applicant responded by proposing a landscaping hedge between the windows of Benedict Commons and the proposed parking facility. In reviewing the Applicant's proposed solution to the headlight concern, Staff believes that the proposed landscaping hedge will sufficiently screen headlights from shining into the west-facing windows of the Benedict Commons Building as long as the landscaping hedge is an evergreen or other species that will be full year-round. SIDEWALK: The City Engineer requires that a sidewalk be installed along E. Hyman in front of the subject property to provide the missing sidewalk link between the comer of E. Hyman and S. Spring Street and the sidewalk that exists in front of Benedict Commons to the west. However, the City Engineer has recognized the Applicant's argument that this use is likely just an interim use on this portion of the property until the site is either allowed to be developed with the "Park Place" parking garage or until the Applicant pursues a different use for the site. Therefore, the City Engineer has recommended that the Applicant not be required to develop the missing sidewalk link in conjunction with this application because it would likely be severely damaged by construction of either the "Park Place" parking garage, an expansion to the Hannah-Dustin building, or another construction project on the site. Instead, the City Engineer has recommended that the Applicant be required to sign a curb, gutter, and sidewalk agreement to provide the missing sidewalk link as part of any new development on the site or within three (3) years if another use for the site is not pursued. The above provision has been included as a condition of approval in the attached resolution. PM-tO Mitil!:ation: The Environmental Health Department believes that providing public commercial parking on this site will encourage more people to drive by opening up more convenient parking opportunities in town. That being the case, the Environmental Health Department has expressed . that the proposed conditional use will generate vehicular trips and PM-1O as a result of these additional vehicular trips. The Environmental Health Department calculated that they expected a total of about 49 additional vehicular trips per day to be generated by the proposal. Thus, it has been recommended by the Environmental Health Department that the Applicant be required to implement the following measures to mitigate for the additional PM-I 0 generation: . Implement improvements to one bus stop along Main Street as suggested by the City of Aspen Transportation Department. . Construct a sidewalk in the E. Hyman Right-of-Way adjacent to the property as previously discussed. . Charge only daily parking rates rather than monthly parking rates. . Provide cheaper parking rates for hybrid cars and carpoolers. In contrast to the Environmental Health Department's view that the proposed commercial parking lot will be a traffic generator, the Planning Staff believes that the commercial parking lot will primarily accommodate the demand for parking that already exists and that the downtown commercial businesses and residences create the traffic. Since there are different possible ways to view this issue, if the Commission believes that the proposal is a significant traffic generator, Staff would recommend that the Commission add a condition of approval to the proposed resolution that requires the Applicant to implement the PM-tO mitigation measures suggested above. Given that the Planning Staff does not believe that the proposal is a significant traffic generator in itself, Staff has not included the Environmental Health Department's mitigation suggestions as a condition of approval. However, the Planning Staff does believe that increased driving on the gravel surface could increase air pollutants by forcing additional dust in the air. Therefore, the Planning Staff has included a condition of approval in the proposed resolution requiring the Applicant to apply a dust suppressant called calciumlignosulfanate once per year in the spring. Calciumlignosulfanate is an environmentally-friendly dust suppressant that the City Streets Department uses on the City's gravel alleys. RECOMMENDATION: Staff supported the "Park Place" parking garage application on this site in part because it was felt that the parking garage provided significant community benefit by providing a considerable number of parking spaces on the site without initiating considerable anticipated negative impacts on the neighboring properties. In contrast, Staff does not believe that this application will provide for a considerable amount of community benefit given that there are only nineteen (19) total parking spaces proposed. Staff also feels that the application would better mitigate the impacts if the existing curb cut off of East Hyman was vacated and the Applicant used the alley for access as has been discussed throughout the memorandum. That being the case, Staff does not believe that we can support the application as proposed. Therefore, if the Planning and Zoning Commission is inclined to approve the conditional use, Staff recommends that the Applicant be required to vacate the curb cut on E. Hyman and provide the vehicular entrance off of the alley. RECOMMENDED MOTION: (ALL M,~NS ARE WORDED IN THE AFFIRMATIVE) "I move to approve Resolution No Series of 2004, approving with conditions, a conditional use to operate a commercial parking lot at 707 E. Hyman Avenue, Lots A-D, Block 105, City and Townsite of Aspen." ATTACHMENTS: Exhibit "A"- Review Criteria and Staff Responses Exhibit "8"- Application Exhibit "C"- Referral Comments Exhibit "D" - Letters from Public """'", " , ~ RESOLUTION NO. ~ (SERlES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A CONDITIONAL USE TO OPERATE A COMMERCIAL PARKING LOT AT 707 E. HYMAN, LOTS A-D, BLOCK 105, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID#2737-182-27-001 WHEREAS, the Community Development Department received an application from Hyman Avenue Holdings, LLC, requesting approval of a conditional use to operate a commercial parking lot at 707 E. Hyman Avenue; and, WHEREAS, pursuant to Land Use Code Section 26.710.180, Office Zone District, the Office Zone District allows for commercial parking lots as a conditional use; and, WHEREAS, pursuant to Land Use Code Section 26.425, Conditional Use, the Aspen Planning and Zoning Commission may approve, approve with conditions, or deny a conditional use request during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Community Development Department reviewed the application for a conditional use and recommended denial; and, WHEREAS, during a duly noticed public hearing on October 5, 2004, the Planning and Zoning Commission approved, by a _ to _ L---.J vote, a conditional use to operate a commercial parking lot at 707 E. Hyman Avenue, with the conditions contained herein; and, WHEREAS, the Aspen Planning and Zoning Commission 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 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, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the conditional use request to operate a commercial parking lot at 707 E. Hyman Avenue, Lots A-D, Block 105, City and Townsite of Aspen is hereby approved subject to the following conditions. ...c..'" ., 1. The fence proposed to encompass the parking lot shall meet the City of Aspen Fence Regulations pursuant to Land Use Code Section 26.575.050, fences. No chain fences shall be allowed. 2. Any new signage shall require a sign permit and shall meet the City of Aspen Sign Regulations set forth in Land Use Code Section 26.510, Signs. 3. The Applicant shall provide collapsible bollards to close off the emergency access to the site on the vehicular entrance that is located opposite from the primary public entrance. 4. The Applicant shall sign a curb, gutter, and sidewalk agreement requiring the Applicant to provide the missing sidewalk link along E. Hyman Avenue adjacent to the property when any new structure development occurs on the site or within three (3) years of the date of this approval if the commercial parking lot use is to be maintained in perpetuity. 5. The Applicant shall provide a bear-proof trashcan within the confines of the parking lot. 6. The Applicant shall apply a dust suppressant called Calciumlignosulfanate to the parking lot surface every spring, as early as the weather permits, to minimize dust pollutants. 7. A landscaping hedge as proposed by Applicant shall be installed on the Applicant's property in front of the lower portion of the west facing windows of Benedict Commons and shall be a species that maintains year-round full growth. 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 APPROVED by the Commission at its regular meeting on October 5, 2004. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk EXHIBIT A 707 E. HYMAN CONDITIONAL USE REVIEW CRITERIA & STAFF FINDINGS 26.425.040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and Staff Finding As was stated in the body of the Staff Memo, the request to provide additional public parking on the site is supported by certain AACP goals and objectives and is discouraged by others. Please see body of Staff Memorandum for citation of compliance with specific goals. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and Staff Finding Staff believes that the proposed use could be complementary to the nearby commercial and offices uses, provided that the negative impacts of the proposal on traffic circulation are mitigated. However, Staff does not believe that the currently proposed parking configuration is appropriate and would recommend that the Applicant flip the parking plan to access the site from the alley instead of E. Hyman. Staff believes this criterion to be met, provided that the parking configuration is flipped as described above. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and StaffPinding Staff believes that the proposed parking configuration would have negative impacts on vehicular circulation in the immediate vicinity and would recommend that the East Hyman curb cut be vacated and access be provided from the alley. Additionally, Staff feels that moving the proposed curb cut from E. Hyman to the alley could effectively eliminate possible vehicular/pedestrian conflicts that occur between cars exiting the lot onto E. Hyman and pedestrians emptying off the sidewalk that exists north of the neighboring Benedict Commons development. Staff also believes that proposed use may have adverse impacts on Benedict Commons in that we anticipate considerable noise of cars driving on the gravel parking surface at night. Therefore, Staff finds this criterion not to be met. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and StaffPinding Staff believes that there are adequate public facilities in the vicinity to serve the proposed use. Staff finds this criterion to be met. E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and StaffPinding As was addressed previously in the memorandum, the commercial parking lot operation is proposed to be fully automated with the exception that that day and monthly passes may be obtained from the manger of the adjacent Hannah-Dustin building that is on the same property. Therefore, the Planning Staff does not believe that there will be any employees generated by the proposed operation. Additionally, the Aspen/Pitkin County Housing Authority Staff has reviewed the request and concur that no employees will be generated by the proposed commercial parking lot operations. Staff is recommending that no employee housing mitigation be required for the proposed commercial parking lot as long as it operates as an automated facility as has been represented in the application. Staff finds this criterion to be met. Mr. James Lindt, Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 RECEIVED STAN CLAUSON ASSOCIATES, LLC Planning. Urban Design Landscape Architecture Transportation Studies Project Management J.\5',PCi~j 200 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: info@scaplanning.com WEB: wwvv.scaplanning,com AUG 1 0, 2.004 BUILDH~G JLl,It\ rMENT Re: 707 E. Hyman Conditional Use Application for Commercial Parking Dear James: This letter is in response to your e-mail requesting additional information regarding the Conditional Use Application submitted by our office on behalf ofthe property at 707 E. Hyman Avenue. Provided below are your questions and our responses: ], Vehicle queuing issues and pedestrian/vehicle conflict associated with entry off E. Hyman and only partial automation offacilities (day parkers have to go into Hannah- Dustin Building to get a parking pass and pay) (Staff would recommend flipping the parking Configuration so emergency access is off of Hyman and main access is off of alleyway as previously discussed) The applicant is not willing to give up the curb-cut access, which they believe is vital to the successful use ofthe lot and any future redevelopment ofthe property. The gate system has been modified to provide immediate entry. Exit would require a paid ticket or pass. This would eliminate any queuing issues. 2. SUV headlighls shining directly into the first floor windows at Benedict Commons (How are you going to mitigate this?) There are actually very few windows on the fIrst floor of Benedict Commons at headlight leveL The ones that do exist would be screened by new plantings along the u. pr9P~rtyJjm~,_._..__._.-oo_._- n". 3. P M-l 0 Mitigation (Lookingfor argument why the parking is not a trip generator as you discussed at DRC or Applicant's consent to providing the PM-10 mitigation as suggested by Environmental Health in DRC minutes that I previously sent you.) A parking facility is simply not a trip generator. Trips are generated by actual destinations or origins such as residential units, offices, and commercial facilities. This is the basis for trip generation. It might be possible to argue that the provision of additional parking may encourage the conversion of some transit trips to automobile trips, but not accepted quantification exists for this hypothesis. It is clear that cars are circulating our streets looking for parking. This phenomenon is a pollution generator that would be relieved to some extent by providing limited PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS Mr. James Lindt City of Aspen 18 August 2004 Page Two additional parking in this area. PM10 would be mitigated by the nature of the gravel surface and application of dust suppressants as required. 4. Dust Suppression methods- Staff believes additional dust will be created by increased use of parkingfacilities (Staff would recommend using dust suppressant called Calcium Lignosulfanate once per year in the spring, it is the treatment thot the City uses on gravel alleyways.) The applicant will comply with these dust-suppression recommendations. 5. Fence Materials- Staff felt that using wrought iron chain did not meet the intent of the acceptable fence materials in the code. There is no statement of intent with respect to fence materials, so this remains open to discussion and disagreement. However, I would discern that the intent of the fence code is to provide an attractive separation of uses and functions through materials that do not detract aesthetically from the surrounding area. A post and chain fence certainly accomplishes this objective for a non-historic property. It represents a design that has been used in many parks and private settings, and certainly cimnot be compared with, say, a chain-link fence that would not have the requisite aesthetic qualities for the area. It certainly should be noted that there are many fences in the area that have a signifieantly lower aesthetic component, and which mayor may not have obtained proper approval through the fence permit process. I hope that this additional information is helpful in providing a staff response to the application. Please let me know if! need to provide any additional information. Cc: Peter FomeIl .. _.~~._._~.."-_..,"~_" .. ,....,.-.,.'...".0>-._,;,"""..-...'_.._ - _,__,______~...._.__..__,'-_,~"~.~.""'"."..~.__,..,,.. bx/11/ZJ,'f \'C 1/ 7/21/04 DRC Minutes: Proposed E Hvman Parkin!! Lot The following are the comments of the City staff regarding the proposed 19-spot parking lot at 707 E. Hyman: Environmental Health: The parking lot may increase trips into town by making it more convenient for people to drive into town. To offset pollution caused by increased vehicle trips, Environmental Health recommends one or more of the following: (i) Implement improvements to one bus stop along Main Street as suggested by the City of Aspen Transportation Department (ii) the installation of sidewalk along the front of the property, (iii) discount parking rates for carpoolers, and (iv) daily use rates -- instead of monthly rates - - to lessen the obligation to drive everyday of the month instead of considering mass transit or carpooling. Fire: The Fire Department would like to see an emergency exit at the other end of the primary parking lot entrance. This alternate exit can be blocked by collapsible bollards. Parks: No comments. Com-Dev: Major comments of Com-Dev include (i) the requirement that the fence around the parking lot meet City code (ii) that that a barrier to headlights be placed between the parking lot and the Benedict Commons windows, and (iii) that the parking lot entrance be off of the alley instead of Hyman Street. Engineering: (i) There is a need for a sidewalk across the property but the owner would prefer to install sidewalk when the lot is re-developed. (The Applicant believes that the commercial parking is an interim use.) The Engineering Dept will allow sidewalk installation to be delayed if the owner commits to installing sidewalk within 3 years. (ii) As part of the sidewalk installation, a root barrier must installed to prevent the trees from eventually damaging the sidewalk. (iii) With regard to the street entrance to the parking lot, the City Engineer supports the position of the planning staff that the entrance be located off the alley. ,~" MEMORANDUM To: James Lindt, Community Development Department From: Jannette Whitcomb, City Environmental Health Department Date: July 21, 2004 Re: 707 E. Hyman Conditional Use for a Commercial Parking Lot The City of Aspen Environmental Health Department has reviewed the land use submittal under authority of the Municipal Code of the City of Aspen. and has the following comments. AIR OUALITY: "It is the purpose [ofthe air quality section of the Municipal Code 13.08] to achieve the maximum practical degree of air purity possible by requiring the use of all available practical methods and techniques to control, prevent and reduce air pollution throughout the city..." The Land Use Regulations (Chapter 26 of the Municipal Code) seek to "lessen congestion" and "avoid transportation demands that cannot be met" as well as to "provide clean air by protecting the natural air sheds and reducing pollutants". The land use code requires that Conditional use in lodl!:e/touristlresidentia1 zone district of a commercial parking operation must include traffic management methods to reduce vehicular congestion and improve air quality in the community. The major air quality impact is the emissions resulting from the traffic generated by this project. PM- I 0 (83% of which comes from traffic driving on paved roads) is a significant health concern in Aspen. The traffic generated will also produce carbon monoxide and other emissions that are health concerns. The municipal code requires developments to achieve the maximum practical degree of air purity by using all available practical methods to reduce pollution. As a commercial parking lot, located in town, it provides incentive for people to drive. The applicant targets business owners and their employees that are having troubles finding a parking spot in town. The City of Aspen provides an affordable parking garage and more importantly a Transportation Options program that targets local businesses to encourage bus transportation and car-pooling for themselves and employees. The applicant needs to implement measures that will minimize traffic increases of the development, or offset the emissions from the project with PM I 0 reduction measures elsewhere. In order to do this, the applicant needs to determine the traffic increases generated by the project (using standard ITE trip generation rates), commit to a set of control measures, and show that the control measures offset the traffic or PMl 0 produced by the project. Standards used for trips generated by new development are the trip generation rates and reductions from the . Pitkin County Road Standards', which are based on the Institute of Transportation Engineers Trip Generation Report. Fifth Edition. . However, for this type of use there was not an equivalent ITE study. Staff calculated the actual trip generation numbers by looking at the Rio Grande parking garage trip numbers and then multiplying that number by two. Staff made the assumption that a parking lot in the Commercial Core will get more use then the Rio Grande parking garage. Staff determined this to being more realistic then the ITE numbers for a park-n-ride (9.62 trips per space). The number staff used for this type of use was 2.6 per parking space. Staff has calculated that this proposed development would generate 49 trips/day and 6.9 pounds of PMIO/day without any mitigation measures. Thus the size of this development will have a pernicious (negative) effect on the air quality. In order to mitigate for the expected PM-I 0 generation from the addition of 49 vehicular trips per day to be generated by the proposed commercial parking lot, the Environmental Health Department would recommend that the Applicant be required to enact the following mitigation measures: I. Implement improvements to one bus stop along Main Street as suggested by the City of Aspen Transportation Department 2. Sidewalk construction and connection at the property will offset few trips but will provide a pedestrian benefit 3. Charging daily rates instead of monthly. 4. Cheaper rates for hybrid and carpoolers. Reminders for other Environmental Health concerns: TRASH STORAGE AREA: The applicant should make sure that the trash container is provided and is compliant with the City of Aspen's Wildlife Protection Container Guidelines. NOISE ABATEMENT: Section 16-1 "The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and it its visitors. .....Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels." During construction, noise cannot exceed maximum permissible sound level standards, and construction cannot be done except between the hours of? a.m. and 10 p.m. It is very likely that noise generated during the construction phase of this project will have some negative impact on the neighborhood. The applicant should be aware of this and take measures to minimize the predicted high noise levels. MEMORANDUM TO: James Lindt, Community Development FROM: Cindy Christensen, Housing Office DATE: August 2, 2004 RE: PARK PLACE PUDI707 E, HYMAN A VENUE REFERRAL 707 E. Hyman; Parcel ID # 2737-182-27-001 ISSUE: The applicant is requesting approval to subdivide four lots and develop a parking lot on Lots C and D. BACKGROUND: The request is for an automated commercial parking lot that will be gate controlled and would provide for monthly and daily paid parking for 19 vehicles. An A-frame office structure had been currently on this site, but since has been demolished. The proposed lot is to be unmanned, but the facility will have some support from the building manager of the adjacent office buildings. Therefore, no additional employees would be needed for this commercial parking lot. RECOMMENDATION: Staff agrees with the assessment of the applicant that no additional employee mitigation is required for this commercial, gate-controlled lot. Exhtb,'+ \\[J/! Mr. James Lindt City of Aspen Community Development Department 130 South Galena St. Aspen, Co. 81611 Dear Sir, My name is Robert Baum.llive at 704 E. Hyman Ave Aspen, Co. 81611.1 am a voting citizen of Aspen. I also live directly across from the office building and proposed parking lot When 1 bought my home here over 16 years ago, this area has always been a residential and office area. The office building across the street is three stories tall and has always housed many employees, and the lot provided parking for them. Now, the new owner is trying to make a public parking facility out of a private parking area use for the building only. I am against a public parking facility in this area as it will cause a great deal of traffic, noise, dirt, and noxious gas emissions. 1 have children and grandchildren the freely walk these streets. I fear for their safety and health by increasing the traffic flow in this family area. The town of Aspen has built a public garage at great bond expense to its citizens that is only a few blocks from this area and is never full. I do not feel it is an inconvenience for people to park in the garage and take the free public transportation to the shopping area or walk the two blocks to town. This is supposed to be a healthy athletic orientated town, what I see and feel is that a developer is attempting to manipulate the system. 1 have seen many office building in communities and in suburbia and the communities always require them to have a fixed number of parking spaces available according to the rental space. I am sure that this office building needs more than 19 spaces and can fill up this lot, which has always been its use, and not the streets of our community. This location for a parking use has been turned down by council. 1 think this is a terrible trend to start in Aspen. That means every open lot can now be a parking lot Do we the citizens of Aspen want all our downtown open spaces turned into parking lots. Isn't that why the community and council built the public parking facilities, put meters on the streets to collect income and borrowed monies to clean up the downtown area years ago? We are going backwards with this loose cannon proposal. I think we are. 1 believe that long term parking should be studied by the community as a whole objective and not by an individual developer. Sincerely Robert Baum .~ II KLEIN, COTE & EDWARDS, P.c, II HERBERT S. KLEIN LANCE R. cort: * JOSEPH E. EDWARDS, III MADHU B. KRISHNAMURTI nsklein@rof.net cotll@rof.net jody@vanion,com madhU@rof.net Attorneys at Law 201 NORTH MILL STREET SUITE 203 ASPEN, COLORADO 81611 Telephone (970) 925-8700 Facsimile (970) 925-39n * also admiHed in California September 29, 2004 Via Hand Deliverv Planning and Zoning Commission, City of Aspen c/o Mr. James Lindt, Planner City of Aspen Community Dcvelopment Department 130 S. Galena StTeet Aspen, CO 81611 Re: Park Place Parking Lot Conditional Use Application. Dear Honorable Members oftbc Planning Commission: I am writing to you on behalf of the 700 E. Hyman Condominium Owners' Association (the "Association") concerning the Park Place Commercial Parking Lot application for H pHrking strueture to be near the comer of Spring St. and E. Hyman Avenue. The Association has serious concerns about the advcrse impacts that this project will have on the neighborhood and the City at large. The 700 E. Hyman Condominiums are located directly across E. Hyman Avenue from the proposed parking lot The Association opposes this project for many reasons, all related to the unacceptable impacts it will impose on the residential properties whicb surround it Previously, the Applicant submitted a plan for a parking structure on this site and both your commission and the City Council rejected that application. Now the Applicant has returned with a conditional use application for a commercial parking lot. We wish to inform the Commission of the significant and incurable conflicts this parking lot will CTeate in its neighborhood. Our primary concerns relate to one threshold issue and several other concerns: I. Creation of a Non-conforminll Use/Structure: The parcel involved consists of four townsite lots. These are included in the plat map for the Hannah Dusting Building Condominiums, recorded in 1985. The parking lot is proposcd for two of these lots. No parking for the Hannah Dustin Building users IS provided in the application and if approved, the Hannah Dustin Building will become a non- conforming use, without any Code mandated parking. AccoTding to the Hannah Dusting Building Plat map it appears that there is approximately 4467 feet of net leasable area for the Hannah Dustin Building. The Code requires j spaces for each 1000 square feet. Thus, 13-14 spaces are required to support the Hannah Dustin Building use. The present application is silent with respect to parking dcdicated for the Hannah Dustin Building. Section 26.710.180 C.5 of the City Code, which sets forth thc Office (0) zonc district regulations, indicates that a commercial parking lot is a conditional use and states as follows: ~ Planning Commission, City of Aspen c/o Mr. James Lindt, Planner September 29, 2004 Page 2 of3 Commercial parking lot or parking structure that is independent of required off-street parking, provided that it is not located abutting Main Stn::eLj Thus. if fourteen spRces Rre required for the Hannah Dustin Building, the application must be amended to seek only 6 spaces (out of the 20 requested) for public parking. 2. Precedent for Future Parkine Structure Develooment. Although other requirements of the Code would need to be met for an approval of the six story commercial parking structure that this applicant desires to develop, it is clear that this application for the surface parking lot is intended to pave the way for its realization. This effort to "get its nose under the tent" is not subtle. In fact, the applicant, in resisting staffs request to modify the access from Hyman avenue to the alley, wrote: "The applicant is not willing to give up the curb cut access, which they believc is vital to the successful use of the lot and any future redevelopment of the property." See Stan Clauson response le!teT to James Lindt, date stamped by Aspen Building Dept. 8/19/04. The Commission should not let the applicant further its grand plan through piece-meal development. 3. Traffic and Pedestrian Imoacts: Section 26.515.020 F of the Code states, with respect to off street parking: F. Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be graded to insure drainage does not create any flooding or water quality problems and shall be provided with entrances and exits so as to minimize traffic congestion and traffic hazards. The histoTic use of the property as parking for adjacent office workers has not posed significant problems for the neighborhood. Vehicle trips in and out followed normal business hours and there has not been fTequent turn-over during the day. However, opening up this property to public parking will create new traffic impacts to this neighborhood. We are concerned with queuing since the lot is very small and it appeaTS that only one car at a time can enter or exit the paTking spaces. CleaTances are minimal at best between the two rows of parking spaces shown on the site plan. In addition, conflicts with pedestrian use of this portion of the block will be increased if the use of the property for a public parking facility is allowed, especially during peak times. 4. Noise: We also have serious concerns about the noise generated from the project. The applicant proposes that the surface be graveled. Cars dTiving and turning on gravel make much more noise than if the surface was paved. A requiTement that the lot be paved should be imposed. Further, a requirement of limited operating hours would minimize the adverse noise impacts. Normal business hours would be most consistent with the historic use of the property. The mechanized barrier will certainly make noise, but no information on its operating characteristics is provided. 5. AiT Pollution. The property is adjacent to two residential uses and across the street from Planning Commission, City of Aspen c/o Mr. James Lindt, Planner September 29, 2004 Page30f3 another. The additional vehicular activities on the property will increase aiT pollution in this neighborhood. Cars may idle in the willlt=r while: they warm.up and without an anendam. there will be no control of this. If the surface is gravel, additional PMlO will be generated that is harmful to health. Shoe-homing a commercial parking lot in this primarily residential location, will result in adverse health effects on its neighbors. 6. Aesthetics and Incomoatibilitv with the Neiehborhood: Compatibility with the neighborhood is a criteria for approval of a conditional use. A public parking facility in this primarily residential neighborhood is simply not compatible. Traffic, noise, air pollution, traffic impacts, etc. will be new impacts that will be clearly adverse to the project's neighbors. 7. Minimization of Adverse Imoacts. Another conditional use critcTia is that "the location, sizc, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service dt::livcry. noise, vibrations and odor on surrounding properties." The application does not satisfactorily addTess these adverse impacts. An untended 24/7 public parking lot with a mechanized barrier on a graveled surface is nil that is proposed. Furthermore, the lights of vehicles exiting the parking Jut will shim:: directly into the windows of the 700 E. Hyman A venue Condominiums. which have their bedrooms on ground level facing the street There is no effective way to screen these high intensity light sources. While we agree that people need a place to park their cars, this proposal is simply not compatible with the other uses on the block. Ironically, this development proposal perpetuates the current reality that the highest and best use for downtown property is parking. We believe that the applicant should :sed. to develop this property in a manner that is consistent with the Office zone district and stop coming in for approvals that require conditional use approvals. pud's and other variations. The proposed use is not one that is worthy of special concessions from the community. We appreciate your consideration of our concerns and thank you fOT your time in reviewing this letter. I anticipate further comment at the hearing on this matter. . Very truly yours. KLEIN, cart & ED~~. P.C. /~ L /' ~' Herbert S. Klein -- By: 700 E Hyman condo assn\PZ.ltr-9-29-04.wpd DALY APD@aol.com, 10:40 ";1 9/28/2004 , Proposed Commercial I ing Lot at 707 E... Page 1 of I From: DALY APD@aol.com Date: Tue, 28 Sep 2004 12:40:31 EDT Subject: Proposed Commercial Parking Lot at 707 E. Hyman Ave. To: JAMESL@ci.aspen.co.us X-Mailer: AOL 5.0 for Mac sub 28 X-Spam: [F=0.0029761185; rbl=0.500(0); rep=0.150(s679/n34568); heur=0.578(2200); stat=O.Ol 0; spamtraq - heur=0.5 50(2004092 802)] X-MAlL-FROM: <dalyapd@aol.com> X-SOURCE-IP: [64.12.138.204] X-MailS canner-Information: Please contact the 1SP for more information X-MailS canner: Found to be clean Mr. James Lindt Planner II Planning & Zoing Dept City of Aspen Dear Mr. Lindt and Honorable Members of the Planning Department I'm writing this letter to express my concerns regarding this proposed commercial parking lot. There is no question that the neighborhood will be negatively impacted. The introduction of a commercial parking lot to Hyman Avenue will bring with it many problems; pollution, noise, lights (24/7 operation) to name a few. As a matter of fact autos exiting the lot will have their headlights shining directly into the residences across the street and Benedict Commons. The list of problems could be extended, but most significant is that the nature of the neighborhood would begin to change. The necessary approvals would require ad-hoc zoning changes that would degrade the character of the neighborhood. If one embarks on this slippery slope, it could be a stepping stone for the condominium garage at this site, which has already been turned down by the Planning & Zoning Commission and the Aspen City Council. I am concerned that the parking lot proposal is just an attempt to go around P & Z and the City Council and reintroduce the twice rejected condominium proposal, Park Place. I am concerned that the parking lot proposal is not an end in itself. I urge you to reject this proposal. Sincerely, Frank X. Daly 706 E. Hyman Aspen, Co. 81611 Pleae copy and distribute to necessary Planning and Zoning members. Printed for James Lindt <:jamesl@ci.aspen.co.us> 9/28/2004 - DRW INVESTMENTS September 27, 2004 Mr. James Lindt Aspen Community Development Dept. 130 South Galena Street Aspen, Colorado 81611 Dear Mr. Lindt: My wife, Victoria, and I reside at 710 East Hyman Avenue, as of May, 2004. We are writing to express our concern about the continuing plans for the development of the vacant lot direcdy across the street from us. Unfortunately we will be out of town for the public hearings so will not be able to express our concerns at that time. When we were selecting our Aspen residence location, we were gratified to learn that the proposed automated parking garage slated for the lot direcdy across from us had been rejected by the Planning and Zoning Commission. We were impressed with the City of Aspen's leadership and its leaders' respect for the individual property owner and for the quality of life in town. We are, therefore, dismayed to now learn that the developer continues to plan an onerous use of the lot by proposing a surface parking operation, and that the City has allowed this proposal to progress through the consideration process. This development's increased traffic, alone, will create an undue burden on our street and therefore make this type of land use inconsistent with a residential neighborhood. Further, we assume that it was for this reason that the original permit was denied. It is our opinion that approving this surface parking activity may have the effect of laying the groundwork for the developer's earlier, and more ambitious, plan of an automated parking operation. ........ -2- September 27, 2004 We would appreciate your conveying to the Planning and Zoning Commission our strident opposition to this new project and trust that its members will continue to respect and understand the needs of Aspen residents by helping us preserve the tranquility of our neighborhood and maintaining our property values. Sincerely yours, ;J~cJ...LJ~ David Ross Wilson 710 BAST HYMAN. ASPBN COLORADO 81611 970-925-2703 VICTORIA@KTC.COM Michael Gorge, 09:08 AM 9r "2004, FW: Proposed Hyman Parking Page I of I From: "Michael Gorge" <rngorge@atmfcorp.com> To: <JamesL@ci.aspen.co.us> Subject: FW: Proposed Hyman Parking Lot Date: Thu, 30 Sep 2004 II :08:49 -0400 X-Mailer: Microsoft Office Outlook, Build 11.0.5510 Thread-Index: AcSm/kg V x6KX5hZkSX y7u5RulOf42gAAPh8g X-Spam: [F=0.059925I I 77; rbl=0.500(0); rep=0.150(s529/n5412); heur=0.966(5700); stat=O.OIO; spamtraq-heur=0.5 50(200409300 I)] X-MAIL-FROM: <mgorge@atmfcorp.com> X-SOURCE-IP: [207.155.252.14] X-MailS canner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean From: Michael Gorge [mailto:mgorge@atmfcorp.com] Sent: Thursday, September 30, 2004 11:01 AM To: 'JamesL@ci.aspen.co..us' Cc: 'victoria@ktc.com'; 'hsklein@rof.net' Subject: Proposed Hyman Parking Lot Mr Lindt, I am an Aspen property owner currently living at 131 Midland Ave. and with the intention of moving to East Hyman. East Hyman is an oasis created by a stub of a street dead-ending both to the east and to the west The area east of Spring Street is almost entirely residential. Hopefully it's not too late to write a letter in opposition to the proposed commercial parking lot Its operation will be a terrible nuisance, with respect to noise and ambient light, to the surrounding residential neighborhood. It will exacerbate already taxed traffic movement at the Hyman Avenue and Spring Street intersection. As I understand it, the proposed parking lot will be unattended. This will place the burden to supervise it primarily on the neighbors and secondly on our public safety departments. In addition to the obvious determent to the immediate neighborhood, a commercial parking lot seems contrary to the long term goals of an environmentally and pedestrian friendly community. I'm not familiar with the uses permitted in this zone, but it seems to me that commercial parking as opposed to parking ancillary to a development was never intended. Prudent planning considerations should certainly prohibit it To the extent that the Planning Department or City Council has the authority to deny this application I would advocate them doing so. The application is certainly suspect on its face, because we all know that Aspen land is too valuable to remain underutilized. Which begs the question, what is the applicant's long term plan and will an approval of this application improve his legal standing to obtain a subsequent more intense parking use. Michael D. Gorge 248-540-7600 (T) 248-540-7610 (F) m.s.oroelalatmfcorp.com file://C:\DOCUME-I \jamesl\LOCALS-1 \Temp\eudF.htm 9/30/2004 - , J FREILICH, MYLER, LEITNER & CARLISLE LAW OFFICES A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN ASPEN COLORADO ATTORNEYS AT LAW DAVIDJ.MYLER,P,C. L E. MICHAEL HOFFMAN, p,e. ] 106 SOUTH MILL STREET SUITE 202 ASPEN, COLORADO 81611 IN KANSAS CITY, MISSOURI FREILICH, LEITNER & CARLISLE ATTORNEYS AT LAW ADMlrrEOlNCO' FACSIMILE (970) 920-4259 TELEPHONE (970) 920-1018 ROBERT H. FRErUCH, P.e. ;:,.1.< MARTIN L. LEITNER, p,e.' RICHARD G. CARUSLE, p,e.' S. MARK WHITE ::.$ ROBIN A. KRAMER ..:,.. TYSON SMITH' JASON M. DIVELBISS I ADMITTED INMO',CAJ,NY',NC' n.o October 5, 2004 Aspen Planning and Zoning Commission c/o Joyce Algaier 130 S. Galena Aspen, Colorado 81611 Re: Application of Hyman Avenue Holdings, LLC for a Surface Parking Lot at 707 East Hyman (the "Application"). Ladies and Gentlemen: Exactly a year ago I first met with you on behalf of the Bell Mountain Residences Condominium Association (the "Association") regarding the application of Hyman Avenue Holdings, LLC ("the Developer") for a five and a half story parking garage to be located on property located immediately to the south of, and across the alley from, the Bell Mountain project. The Association opposed that project primarily because of the rear-yard setback and height variances sought by the Developer, but also because the Association believed a parking garage was an inappropriate use in the neighborhood. The noise, air pollution, traffic congestion and negative visual impacts of commercial parking are all incompatible with a residential neighborhood. And this neighborhood is orimarilv residential, notwithstanding the fact that two thirty-year old commercial buildings still exist on the block 1. Citv Council Reiected Parking Use on this Site. When they voted against the Park Place application in December oflast year, the members of the Aspen City Council agreed that parking use in this neighborhood was inappropriate. A majority of the Council found that it was unfair to saddle particular areas of town with parking facilities while other areas were kept free of such facilities, If additional commercial parking is needed, the City should give some meaningful thought as to its placement, according to Council. They said that commercial parking facilities should be located where they can best address existing and projected traffic flows and in a manner which preserves the character of the City as a whole as " "'''''~'. FREILICH, MYLER, LEITNER & CrnISLE ,",.,,,,- Aspen Planning and Zoning Commission October 5, 2004 Page 2 well as individual neighborhoods. In short, Council rejected the Park Place application, in part, because no master planning had been completed to address the impacts of commercial parking on the City. The City still has not given any meaningful thought to where commercial parking facilities should be developed. And now the Developer is back with an "interim" plan for the use of its property as a commercial parking facility. The Association agrees with the 700 East Hyman Condominium Owners' Association (the "700 E. Hyman Association") that the current application is simply an attempt by the Developer to acquire some of the approvals it was unsuccessful in gaining last year while its primary application is tied up in court. Chief among the approvals sought is acknowledgment by the City that commercial parking use is appropriate for this site. City Council did not find this to be true and we urge you to reject commercial parking use as incompatible with the neighborhood. (See Aspen Land Use Code ("Code"), 99 26.425.040(A) and (B).) There is no extraordinary need for additional parking which is generated from within this neighborhood, other than demand which may arise from the Developer's own property. (The Association agrees with the 700 E. Hyman Association that most ofthe parking spaces proposed for this surface lot must be dedicated to the needs of the Hannah-Dustin Building, as required by the Code.) Demand for parking is a city-wide issue, not one which is related to this area of town. It is unfair and unwise to require this neighborhood to assume a disproportionate share of the parking burden when no master planning has been carried out. 2. Proposal Does Not Adeauatelv Mitigate Adverse Impacts on Surrounding Properties. We agree with staff that this proposal does not adequately address the negative impacts of a commercial parking facility located within a residential neighborhood. A. Allev Congestion Warrants Further Studv. at a Minimum. The Association was surprised to learn that staff has recommended that the alley behind the Bell Mountain project be used to access the proposed surface parking lot. The Association opposes this suggestion. This particular alley is already heavily used by retail shops (Domino's Pizza, Johnnie McGuire's), the Benedict Commons project, the Bell Mountain project and the affordable housing units associated with Bell Mountain. Requiring parking lot patrons to use the alley, when access would be from Original Street, will create congestion and unsafe conditions for the other users. This alternative should be rejected. At a minimum, a traffic study should be completed which allows the City to understand the impact of this suggestion on an already busy corridor. ~ -'. FREILICH, MYLER, LEITNER & CkkUSLE .......,., Aspen Planning and Zoning Commission October 5, 2004 Page 3 B. Noise and Air Pollution Could Substantiallv Affect Residents' Oualitv of Life. The Developer plans a washed gravel surface for the parking lot. Staff correctly points out that driving on a rough surface like the one proposed here will cause "considerable noise" and "could increase air pollutants by forcing additional dust in the air." The risk of increases in PMIO emissions may be eliminated, suggests staff, only by spraying Calcium lignosulfanate on the lot "one per year in the spring." Staff reports that "Calcium lignosulfonate is an environmentally-friendly dust suppressant" used by the City's Streets Department. It wasn't too long ago that the City used Magnesium chloride for this purpose, and it was eventually rejected because heavy metals somehow accompanied the suppressant into the air and water of the City. For reasons of noise and air pollution, a gravel parking lot should not be approved in this location. lfthe lot is approved, it must be paved. C. 24/7 Operations Should Not Be Permitted. Residential properties surround this site on three sides. Use of the property should not be permitted after 9:00 p.m. or earlier than 7:00 a.m. Use late at night or early in the morning is incompatible with the neighborhood. 3. Commercial Parking Use Should Not Extend Into the Setback. The Code defines a setback as "an area. . . which shall be unoccupied and unobstructed from the ground upward, excepting trees, vegetation, and/or fences, or other structures or projections as allowed." The Association understands that for residential projects parking is sometimes allowed within the setback. That should not be true for commercial parking facilities. The rear yard setback requirement in the Office zone district is 15 feet. No commercial parking should be allowed within this area. Sincerely, FREILICH, MYLER, LEITNER & CARLISLE { E. Michael Hoffman ""''c. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE ,REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE AOOR"'O"RO"RTY, 7~ E- IJVtvlCl/i ,'""",CO SCHEDULED PUBLIC HEARING DATE: (!) / s 16t!) ,200_ t I STATE OF COLORADO ) ) ss. County of Pitkin ) l,~ \Nt lZS h ~ fAd f-- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained fr~ the Community Development Department, which was made of suitable, waterproof mateTials, which was not less than twenty-two (22) inches kide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of ,200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the-information described ~n Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) Itays prior to the public hearing, notice was hand delivered or mailed by first class tostage prepaid U.S. mail to any federal agency, state, county, municipal govenunent, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no mOTe than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ~" .-..... Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use Tegulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description ot~ and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived, However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments, The foregoing "Affidavit of Notice" was acknowledged before me :t ~ day of ~t- ,200~,by cJ~ L~. >e:I- ternDel' 4, It, lIS, :<:a, '<:UlH.ll&t,)) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: tf / ..;t3/~ r>J\ -_s PllBIJC NOTICE CONDITIONAL USE FOR COM- ~. L<Yt. HEREQY GIVEN. that a public N P bl' _.. wHI he,. on Tu~..y, Octo"",, 5, 200< . otary u Ie at a meeting to begin at <4:30 p.m. before the As- I pen Planning and Zoning Commission, Sister elt. les Room, CitY HaU, 130 S. Galena St., Aspen, to consider an applk:Bl:Ion submitted by Hyman Avenue HoIdlnp, u.c requesttng condllkmal use approwI to operate a commereIaI parIdng lot at 707 E. H,Jnan Awnue. The property, Is common- ly tnOWII as 707l.. Hyman AVe. and-1f,1epJly de- .... SCJ1bedU~CD,B~l05.oftheCltyaiKl Townsite 01 A8pen. For ~ lnIonnatlon. contact James Undt at the CI"'.......-o Commont'" Devetopm~t De- A TT ACHMENTS: partment. 130 S. GaJena St.. A8pen, co, (970) 920- 5102, Jamesl4tct.upen.co.us. S/Jasmlne Tygre, Chair, I - 0'" ...... logon<lZonl..Commt,,'on 'OPY'OF THE PUBLICATI " Published In Aspen Times o!l September 4, i ,. 2004. (1874) ~H 'OF THE P'OSTED N'OTICE (SIGN) ) GOVERNMENTAL AGENCIES NOTICED BY MAIL c :) ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 707 East Hvman , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 5 October ,200~ STATEOFCOLORAOO ) ) ss. County of Pitkin ) I, F. L. (Stan) Clauson (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ...x.. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ...x.. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the J. day of September, 2001, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. ...x.. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other govemmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment ofa new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments, s:2Q The foregoing "Affidavit of Notice" was acknowledged before me this _ day of ,200_, by [ II ( WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public T ACHMENTS: F'THE PUBLICATION . THE POSTED NOTICE (SIGN) ERNMENT AL AGENCIES NOTICED BY MAIL " c J PUBLIC NOTICE RE: 707 E. HYMAN CONDmONAL USE FOR COMMERCIAL PARKING WT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 5, 2004 at a meeting to begin at 4:30 p.m before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Hyman Avenue Holdings, LLC requesting conditional use approval to operate a commercial parking lot at 707 E. Hyman Avenue. The property is commonly known as 707 E. Hyman Ave. and is legally described as Lots C-D, Block 105, of the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5102, jamesl@ci.aspen.co.us. s1Jasmine Tvue.. Chair Aspen Planning and Zoning Commission Published in the Aspen Times on September 4, 2004 City of Aspen Account ...~... Jam Free Printing 0 _ _...., _. _/ #' . ~ '>>!!Jf3very cc / / UseAvery@)TEMPLATE5160@) J"C.U.OI'za:. ~ ~ 2~:GO-AVEl\.' :?t?tJ7 312 HUNTER LLC 50% CIO CAROLYN A BARABE 790 CASTLE CREEK DR ASPEN, CO 81611 ANDERSON ROBERT M & LOUISE E 1021 23RD ST CHETEK, WI 54728 ASPEN B COMMERCIAL PROPERTIES EMMY LOU BRANDT CIO 316 SOPRIS CIR BASALT, CO 81621 BARTLETT KA TY I 715 E HYMAN AVE #18 . ASPEN, CO 81611-2066 BERMAN PETER J & ROCHELLE L 10021 ORMOND RD POTOMAC, MD 20854 BISCHOFF JOHN C 502 S VIA GOLONDRINA TUCSON, AZ 85716-5843 BRADLEY MARK A PO BOX 1938 BASALT, CO 81621 BUDINGER WILLIAM 728 EAST FRANCIS ST ASPEN, CO 81612 CARVER RUTH A & MARTIN G 10 BYRON LN MUSCATINE,IA 52761 CHOOKASZIAN DENNIS & KAREN 1100 MICHIGAN WILMETTE, IL 60091 610 EAST HYMAN LLC CIO KRABACHER LAW OFFICES PC 201 N MILL ST STE 201 ASPEN, CO 81611 APPEL ROBERT APPEL HELEN IN JOINT TENANCY 700 PARK AVE 18-A NEW YORK, NY 10021 ASPEN SQUARE VENTURES LLP CIO M & W PROPERTIES 205 S MILL ST STE 301A ; ASPEN, CO 81611 BAUM ROBERT E ASPEN RES TRST PO BOX 1518 STOCKBRIDGE, MA 01262 BERNSTEIN JAY H & JILL K 26 PHEASANT RUN OLD WESTBURY, NY 11568 BOGAERT FAMILY TRUST PO BOX 300792 ESCONDIDO, CA 92030 BRZOSTOWSKIROBERT 715 E HYMAN AVE - APT 20 ASPEN, CO 81611-2096 BULKELEY RICHARD C & JULIE J 801 JOY ST RED OAK, IA 51566 CAVES KAREN WHEELER 1 BARRENGER CT NEWPORT BEACH, CA 92660 CITY MARKET INC DILLON RE CO INC ATTN REAL ESTATE DEPT PO BOX 5567 DENVER, CO 80217-5567 ~ AVERY@ 51601lil ALEXANDER THOMAS L 715 E HYMAN AVE # 27 ASPEN, CO 81611 ARTLA L TO PARTNERSHIP WM C KING 31 WINDING WAY VERONA, PA 15147-3853 ATHLETIC CLUB MGMT SYSTEMS INC 720 E HYMAN AVE STE 001 ASPEN, CO 81611 BELL MTN QUAL RES CONDO ASSOC LLC 320 S SPRING ST ASPEN, CO 81611 BERSCH TRUST 9642 YOAKUM DR BEVERLY HILLS, CA 90210 BORGIOTTI CLAUDIO 9610 SYMPHONY MEADOW LN VIENNA, VA 22192 BUCKHORN ARMS LLC 730 E COOPER AVE ASPEN, CO 81611 CALGI RAYMOND D & ANNE A 134 TEWKESBURY RD SCARSDALE, NY 10583 CHATEAU ASPEN UNIT 21-A LLC BLDG 421-G AABC ASPEN, CO 81611 CLEMENT FAMILY TRUST CLEMENT KENNETH L & CHRISTINE D TRUSTEES PO BOX 709 BIG BAR, CA 96010 Jam 'Free Printing Use Avery@TEMPLATE 5160@ PORATH FAMILY TRUST 12400 WILSHIRE BLVD STE 1450 LOS ANGELES, CA 90025 RAHLEK L TO @ BANK OF AMERICA HARDING & CARBONE INC 3903 BELLAIRE BLVD HOUSTON, TX 77025 REICH MELVIN L TRUST 80% 4609 SEASHORE DR NEWPORT BEACH, CA 92663 ROSS JOHN F 7600 CLAYTON RD ST LOUIS, MO 63117 SAHN KAREN R 715 E HYMAN AVE #11 ASPEN, CO 81611-2063 SANDIFER C WESTON JR & DICKSIE LEE 2836 WOOD DUCK DR VIRGINIA BEACH, VA 23456 SCHNITZER KENNETH L & LISA L 2100 MCKINNEY ST 1760 DALLAS, TX 75201 i SHARP TERRI L 715 E HYMAN AVE #12 ASPEN, CO 81611 SILVER DIP EQUITY VENTURE LLC C/O GARFIELD & HECHT 601 E HYMAN AVE ASPEN,CO 81611 SPRING STREET PO C/O GULFCO L TO 616 E HYMAN AVE ASPEN, CO 81611 --- - www.avery.cc 1-800-GO-AVEI\, .' - PORTE BROOKE 3520 PADDOCK RD WESTON, FL 33331-3521 RED FLOWER PROP CO PTNSHP 545 MADISON AVE STE 700 NEW YORK, NY 10022 ROARING FORK PROPRIETARY LLC 2519 E 21ST ST TULSA, OK 74114 RUBENSTEIN ALAN B & CAROL S 57 OLDFIELD DR SHERBORN, MA 01770 SAHR KAREN M 715 E HYMAN AVE #8 ASPEN, CO 81611 SCHEINKMAN NANCY 715 E HYMAN AVE #23 ASPEN, CO 81611 SEGUIN JEFF W & MADALYN B PO BOX 8852 ASPEN, CO 81612 SHERWIN GREGORY 2907 SHADOW CREEK DR #104 BOULDER, CO 80303 SMART EDWIN J C/O R L STEENROD JR & ASSOC 2009 MARKET ST DENVER, CO 80205-2022 STRIBLING DOROTHY & WACHOVIA BANK NA FL0135 PO BOX 40062 JACKSONVILLE, FL 32203-0062 @ AVERY@ 5160@ PRICE GAIL C/O ASPEN POTTERS INC 231 E MAIN ST ASPEN, CO 81611 REICH DANIEL S TRUST 20% 6 RINCON ST IRVINE, CA 92702 ROGER RICHARD R 4300 WESTGROVE ADDISON, TX 75001 RYERSON GEORGE W JR 715 E HYMAN AVE #17 ASPEN, CO 81611 SAKSON DREW POBOX 1625 CARBONDALE, CO 81623-4625 SCHEUERMAN JOANNEE 200 LOCUST ST #23A PHILADELPHIA, PA 19106 SEGUIN MARY E TRUST 4944 CASS ST #1002 SAN DIEGO, CA 92109-2041 SHUMATE MARK 221 16TH ST NW ATLANTA,GA 30363 SMITH JEFFREY L 851 S JOSEPHINE ST DENVER, CO 80209 TAYLOR E NORRIS 1/2 602 E HYMAN AVE #1 ASPEN,CO 81611 __-0 _ ___ _ ...._. -,________ Jam Free Printing .. Use Avery@ TEMPLATE 5160@ LANDRY ELIZABETH J PO BOX 3036 ASPEN, CO 81612 LEMOS BARBARA LIVING TRUST 1/3 INT PO BOX 321 ASPEN, CO 81612 LONG GERALD P & PATRICIA D TRUSTEES 490 WILLIAMS ST DENVER, CO 80218 MALLARD ENTERPRISES LP 317 SIDNEY BAKER S #400 KERRVILLE, TX 78028 MAYLE KENNETH D 715 E HYMAN AVE #3 ASPEN, CO 81611-2063 MIAO SANDRA 9610 SYMPHONY MEADOW LN VIENNA, VA 22182 MONGE EDWARD P & VICTORIA L 23284 TWO RIVERS RD #llA BASALT, CO 81621 NATTERER HELEN 57 BURN BANK ST NEPEAN ONTARIO K2GOH2 CANADA, NIELSON COL STEVE & CAROL D 501 S FAIRFAX ALEXANDRIA, VA 22314 PEARSON REBECCA J 1610 JOHNSON DR STILLWATER, MN 55082 - .--. www.avery.co 1-800-GO-AVERo. - - LAZY J RANCH LLC PO BOX 665 ASPEN, CO 81612 LIBERATORE DOUGLAS PO BOX 1838 SARASOTA, FL 34230 LOUDERBACK JACQUELINE M & JOHN PO BOX 606 SOUTH PASADENA, CA 91031-0606 MARTELL FRED & BARBARA 702 E HYMAN AVE ASPEN, CO 81611 MC LLC 369 FLORIDA HILL RD RIDGEFIELD, CT 06877 MIKI PO BOX 444 ASPEN, CO 81611 MYSKO BOHDAN D 418 E COOPER AVE SUITE 200 ASPEN, CO 81611 NETHERY BRUCE 715 E HYMAN AVE #25 ASPEN, CO 81611-2063 NOONAN JOHN C 715 E HYMAN AVE #9 ASPEN, CO 81611 PETERSON CHRISTY 867 HAVEN CREST CT N GRAND JUNCTION, CO 81506 ~ AVERY@ 5160@ LEG NAME RUDI 202 STANFORD AVE MILL VALLEY, CA 94941 L1EB MADELINE TRUST 800 E HYMAN AVE #A ASPEN, CO 81611 LOWREY JAMES E JR TRUSTEE 1390 ENCLAVE PKWY HOUSTON, TX 77077-2025 MAVROVIC ERNA 530 E 72ND ST APT 15-C NEW YORK, NY 10021 MCFADDEN GORDON K 18519 E VALLEY RD KENT, WA 98032 MOEN DONNE P & ELIZABETH A 8 CABALLEROS RD ROLLING HILLS, CA 90274 N S N ASSOCIATES INC 11051 W ADDISON ST FRANKLIN PARK, IL 60131 NEUMANN MICHAEL 7381 MOHASNIC DR BLOOMFIELD HILLS, MI 48301 PATIO BUILDING COMPANY LLC PO BOX 1066 ASPEN, CO 81612 PHILLIPS STEPHANIE 985 FIFTH AVE NEW YORK, NY 10021 __, _ ___ _ uu__ .,__u _ ___ Jam Free Printing Use Avery@ TEMPLATE 5160@ GODBOLD EDMUND 0 524 COLONY DR HARTS DALE, NY 10530 GORDON LETICIA 3920 GRAND AVE #700 DES MOINES, IA 50312 HANSON JUNE ANDREA 64 DOUBLING POINT RD ARROW SIC, ME 04530 HEMP SUZANNE H & MARLY P JR TRUSTEES FOR THE SUZANNE HEMP LIVING TRUST 15470 POMONA RD BROOKFIELD, WI 53005 HOFFMAN JOHN S III 715 E HYMAN AVE #16 ASPEN, CO 81611 i HUNTER PLAZA ASSOCIATES LLP , C/O M & W PROPERTIES 205 S MILL ST STE 301A ASPEN, CO 81611 i JOFFE LIVING TRUST 23820 LONG VALLEY RD HIDDEN HILLS, CA 91302 KANTAS NICOLETTE 715 E HYMAN AVE #15 ASPEN, CO 81611 KIEFER KAREN BERNICE TRUST 1/4 2130 NW 95TH ST SEATTLE, WA 98117-2425 KUTINSKY BRIAN 7381 MOHANSIC DR BLOOMFIELD HILLS, MI 48301 '""" - www.avery.co 1-800-GO-AVER. - GOFEN ETHEL CARO TRUSTEE 455 CITY FRONT PLAZA CHICAGO, IL 60611 GORSUCH JEFFREY S 48.935% INT 707 W NORTH ST ASPEN, CO 81611 HAYLES THOMAS 715 E HYMAN AVE #5 ASPEN, CO 81611 HENDIRCKS JOHN AND BONNIE 1/2 INT 254 N LAUREL AVE DES PLAINES, IL 60016 HUNKE CARLTON J LIVING TRUST 4410 TIMBERLINE DR SW FARGO, ND 58103 ISRAEL FAMILY PARTNERSHIP L TO 263 OCEAN BLVD GOLDEN BEACH, FL 33160 JOHNSON BARBARA WEAVER LIVING TRUST PO BOX 3570 LAS CRUCES, NM 88003 KASHINSKI MICHAEL R 0343 GROVE CT ASPEN, CO 81611 KOPP ROBERT L 50% 34425 HWY 82 ASPEN, CO 81611 LANDA MICHAEL B 851 S JOSEPHINE ST DENVER, CO 80209 @ AVERY@ 5160@ GOODING SEAN A 80% C/O PARAGON RANCH INC 5755 DTC BLVD STE 250 GREENWOOD VILLAGE, CO 80111 HABER WILBUR A HABER SANDRA 20409 KISHWAUKEE VALLEY RD MARENGO,IL 60152 HELLINGER PROPERTIES L TO 1849 WYCLIFF DR ORLANDO, FL 32803 HENDRICKS SIDNEY J 6614 LAKEVILLE RD PETALUMA, CA 94954-9256 HUNT SARAH J 715 E HYMAN AVE #22 ASPEN, CO 81611 JACOBS NORMAN & JERI 2105 HYBERNIA DR HIGHLAND PARK, IL 60035 JOYCE EDWARD 11 S LA SALLE ST STE 1600 CHICAGO, IL 60603-1211 KELLY NORA D TRUST 50% C/O THE BUCKHORN ARMS LLC 732 E COOPER AVE ASPEN, CO 81611 KRAJIAN RON 617 E COOPER AVE #114 ASPEN, CO 81611 LANDIS JOSHUA B 715 E HYMAN AVE #4 ASPEN, CO 81611 --- - --- - ------ -~---- - --- Jam free Printing Use Avery@ TEMPLATE 5160@ COATES NELlGH C JR 720 E HYMAN AVE ASPEN, CO 81611 COORS PHYLLIS M QPRT WILLIAM SCOTT COORS TRUSTEE 15481 W 26TH AVE GOLDEN, CO 80401 CUTTS JAMES & KAREN 1/3 INT PO BOX 321 ASPEN, CO 81612 DALY FRANK & ANNETTE 1555 ASTOR ST 44W CHICAGO,IL 60610 DIBRELL CHARLES G JR & FRANCES 24 ADLER CIR GALVESTON, TX 77551-5828 DULDNER KURT P 930 5TH AVE PH E NEW YORK CITY, NY 10021 ELLERON CHEMICALS CORP . 720 NORTH POST RD #230 HOUSTON, TX 77024 FEHR EDITH B REVOCABLE TRUST 294 ROUND HILL RD GREENWICH, CT 06831 FLINT MARILYN TRUSTEE 3945 KIRKLAND CT BLOOMFIELD HILLS, MI 48302 FURNGULF L TD A COLO JOINT VENTURE 616 E HYMAN AVE ASPEN, CO 81611 r"'-' - www.avery.cc 1-800-GO-AVER. - COLOSI THOMAS W 715 E HYMAN AVE APT 6 ASPEN, CO 81611-2099 CORTRIGHT KEVAN J 1/3 3806 PHEASANT LN WATERLOO,IA 50701 DAILY CONNIE M 715 E HYMAN AVE #14 ASPEN, CO 81611 DAMSCHRODER TIMOTHY R & ROBIN S C/O FRIAS PROPERTIES 730 E DURANT AVE ASPEN, CO 81611 DILL FRED H 411 BROOKSIDE AVE RED LANDS, CA 92373 EDGE OF AJAX INC PO BOX 2202 ASPEN, CO 81612 ELLI S GORSUCH 1.07% INT 707 W NORTH ST ASPEN, CO 81611 FERRY JAMES H III 480 SAVE GLENCOE, IL 60022 FLOWERS JUDY R 715 E HYMAN AVE #1 ASPEN, CO 81611-2063 GARRISON LELAND M TRUSTEE 4802 E SECOND ST SUITE 2 LONG BEACH, CA 90803 ~ AVERV@ 5160@ COOPER SPRINGS LLC 393 N COLUMBIA AVE COLUMBUS, OH 43209 CRAFT LESTER R JR 2026 VETERAN AVE LOS ANGELES, CA 90025-5722 DALY CAROL CENTER 155 LONE PINE RD C-11 ASPEN, CO 81611 DEVINE RALPH R 715 E HYMAN #13 ASPEN, CO 81611 DODEA NICHOLAS T 715 E HYMAN AVE #19 ASPEN, CO 81611-2063 EDGETTE JAMES J & PATRICIA 19900 BEACH RD STE 801 JUPITER ISLAND, FL 33469 ETTLI N ROSS L 715 E HYMAN AVE # 7 ASPEN, CO 81611 FIGHTLlN JONATHAN D 715 E HYMAN #46 ASPEN, CO 81611-2063 FLY MARIE N 7447 PEBBLE POINTE W BLOOMFIELD, MI 48322 GILBERT GARY 1556 ROYAL BLVD GLENDALE, CA 91207 Jam free Printing " Use Avery@TEMPLATE 5160@ TAYLOR FAMILY INVESTMENTS CO 1/2 489 ROSE LN CARBONDALE, CO 81623 TREUER CHRISTIN L 981 E BRIARWOOD CIR N LITTLETON, CO 80122 VICTORIAN SQUARE LLC C/O GARFIELD & HECHT PC 601 E HYMAN AVE ASPEN, CO 81611 WALLING REBECCA 350 BLANCA AVE TAMPA, FL 33606 WElL NANCY 7521 PLATEAU RD GREELEY, CO 81634-9384 WILKIE MICHAEL 1/2 INT 254 N LAUREL AVE DES PLAINES, IL 60016 WITHAM RICHARD 1/3 3806 PHEASANT LN WATERLOO,IA 50701 YERAMIAN CHARLES PO BOX 12347 ASPEN, CO 81612 "'"' - www.avery.co 1-800-GO-AVER. - TERMINELLO DENNIS J & KERRY L 656 RIDGEWAY WHITE PLAINS, NY 10605-4323 TROUSDALE JEAN VICK 611 EHOPKINSAVE ASPEN, CO 81611 WACHTMEISTER EDWARD TRUST 6223 WHITEHALL FARM LN WARRENTON, VA 20187-7247 WARNKEN MARK G 1610 JOHNSON DR STILLWATER, MN 55082 WHITTENBURG CATHERINE C TRUST 20% 620 S TAYLOR AMARILLO, TX 79109 WILLIAMS CRAIG & LEE FAMILY PTNRSHP 8990 HEMPSTEAD HWY #200 HOUSTON, TX 77008 WOODS FRANK J III 205 S MILL ST STE 301A ASPEN, CO 81611 YOUNG RICHARD 1/3 3806 PHEASANT LN WATERLOO,IA 50701 , , " ~ AVERY@ 5160@ THOMPSON RICHARD P RUSHING JIMMY C 1171 BEACH BLVD JACKSONVILLE, FL 32250 VICENZI HEATHER L 715 E HYMAN AVE #10 ASPEN, CO 81611-2063 WALLEN-OSTERAA REV LIVING TRUST 36 OCEAN VISTA NEWPORT BEACH, CA 92660 WEIGAND FAMILY TRUST 23/100 150 N MARKET WICHITA, KS 67202 WHITTENBURG III MARITAL TRUST J A 80% 3011 STRAVIS AMARILLO, TX 79109 WILLOUGHBY MARIAN V TRUST 12322 RIP VAN WINKLE HOUSTON, TX 77024 WORCESTER JOHN P 707 CEMETERY LN ASPEN, CO 81611 ZENSEN ROGER ZENSEN MARIANN 313 FRANCES THACKER WILLIAMSBURG, VA 23185 HANNAH DUSTIN CONDOMINIUMIZATION ~ Alan Richman, planning office, told Council the applicant wil: the conditions; the engineering department wants some plat chi wants the A-frame on the lot deed restricted to moderate incoI department has a list of requirements for the life, health anc a need for an encroachment license into the south Spring righ1 is being asked to provide a sidewalk on the Hyman avenue side building and the area is fairly heavily used, so P & Z and thE for construction of a sidewalk. Gideon Kaufman said the encroachment is for planters in the r: Council because of the contiguity of the lots, the A-frame is There is parking behind the A-fram, and the engineering depar1 to show designated parking spaces. Kaufman pointed out the A. office building, and they would like to not be required to she there is no specific parking. Richman said the engineering dE parking shown on the plat for accuracy purposes; they are not Councilman Blomquist moved to grant subdivision exception for for the purposes of condominiumization subject to conditions : office memorandum of February 13, 1984; seconded by Councilmal motion carried. City Attorney Taddune asked Council if they would like him to the timeshare moratorium. CbuncilmanBlomquist said there arE handle the tax issue and keep the moratorium in place. Counc: moratorium and have staff present the tax ordinance. PENNE, HORN DAVID EMPLOYEE UNIT Assistant City Manager Ron Mitchell told Council he has met w: are four recommendations to take into account the circumstancE period of the city to exercise its option to purchase. to Marcl partnership agreement. Another option would be to have Colet1 into the partnership or buy the partnership and lease out pari option is that the city has another 60 day period to allow Pel start marketing the unit; the city would still have the abilii prior to sale. Mitchell told Council there will be other un: be coming onto the market. Mitchell said the staff is trying give Colette Penne sufficient time to find someone to fill in v Glenn Horn pointed out that Ms. Penne is asking to find someOI and that they be city employee; employee within Pitkin County. Penne said she would like to be able to show Council she trie< first, and then an employee of pitkin County, and then an ind: her contract precludes leasing out any of the house. Councilman Knecth moved to approve the memorandum dated Februc Councilwoman Walls. All in favor, motion carried. Mayor Stirling pointed out that McArthur duplex and Chapman's be on the market soon. Mayor Stirling said he would like to } of the city buying these and then selling them on the free mal would involve an inquiry into Council's policy on employee hOl developers to provide employee housing, and what the Council e indication of the reasonableness of what Council would expect told Council the city is involved in a law suit in which one ( the city is in the real estate development business. The cit~ developing real estate and selling it for profit. RED ONION RECONDOMINImlIZATION 707 E. Hyman Additional Sueeested Condition 8. The Applicant may lease the thirteen (13) parking spaces to be designated for the Hannah-Dustin Building to the tenants of the building, their assigns, and their guests during normal business hours of Monday-Friday from 8 AM to 5 PM to satisfY the Hannah-Dustin's on-site parking requirements. These thirteen (13) parking spaces may be rented to the general public at all other times subject to this conditional use. The other six (6) parking spaces that are not required for the use of the Hannah-Dustin Building may be leased to the general public without a time restriction. 26.515.030 lic or private right-of-way. Off-street parking must be paved with all weather surfacing or be covered with gravel. For single family and duplex development, a grass-ring type surface may be used. All parking shall be maintained in a usable condition at all times. B. Location of off-street parking. Off-street parking required for development in the Ser- vice/Commercial/Industrial (S/C/I), Neighborhood Commercial (NC) and Office (0) Zone Districts shall not be located in any adjacent residential zone district. Off-street parking for any residential dwelling, hospital, school or other use located in a residential zone district shall be located on the same site as the principal use. Off-street parking for a boarding or rooming house, lodge, hotel or dormitory shall be located on the same lot, or an adjacent lot under the same ownership as the lot occupied by the principal use. I C. Detached and duplex residential dwelling parking. Off-street parking provided for detached resi- ial g~ellings and duplex dwellings are not required to have unobstructed access to a street or alley, . but may consist of garage area, or parKing strlpor apron.-------.---.------....----.------.----7-- D. Main Street off-street parking. All parking required for uses fronting Highway 82 shall, if an alley exists, be provided access off the alley and shall not enter or exit from or onto Highway 82. 1. .E. Restrictions on use of off-street parking areas. No off-street parking area shall be used for the l.sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, nor shall any ;Jsuch activity adjacent to off-street parking spaces obstruct required access to off-street parking areas. <'F. Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be graded to insure drainage does not create any flooding or water quality problems and shall be provided with en- -trances and exits so as to minimize traffic congestion and traffic hazards. :G. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be ar- .. '.ranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential dwell- "ings or interfere with driver vision and shall be in compliance with section 26.575.150. (Ord. No. 47- '1999, ~ 2) .;26.515.030 Required number of off-street parking spaces. The off-street parking spaces established below shall be provided for each use in the zone district. ...Whenever the off-street parking is subject to establishment by adoption of a Planned Unit Development ;Final Development Plan, that review shall be pursuant to Chapter 26.445, Planned Unit Development. Whenever the parking requirement is subject to special review or may be provided via a payment in Jieu, that review shall be pursuant to the procedures set forth at Chapter 26.430 and the standards set .,forth at section 26.515.040, below. 673 (Aspen 10/02) -- , j Mr. James Lindt, Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 RECEIVED OTAN CLAUSON ASSOCIATES, LLC Planning. Urban Design Landscape Architecture Transportation Studies Project Management AUG 1 C\ 2004 200 EAST MAl!\< STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 l'AX: 970.920.1628 E-MAlL: info@scaplanning.com WFR: www.scaplanning.com t<.'::.P, :'J BUILD,i,,,, l.I~' "t\I!,IENT Re: 707 E. Hyman Conditional Use Application for Commercial Parking Dear James: This letter is in response to your e-mail requesting additional information regarding the Conditional Use Application submitted by our office on behalf of the property at 707 E. Hyman A venue. Provided below are your questions and our responses: 1. Vehicle queuing issues and pedestrian/vehicle coriflict associated with entry off E. Hyman and only partial automation of facilities (day parkers have to go into Hannah- Dustin Building to get a parking pass and pay) (Staff would recommend flipping the parking Configuration so emergency access is off of Hyman and main access is off of alleyway as previously discussed) The applicant is not willing to give up the curb-cut access, which they believe is vital to the successful use ofthe lot and any future redevelopment ofthe property. The gate system has been modified to provide immediate entry. Exit would require a paid ticket or pass. This would eliminate any queuing issues. 2. SUV headlights shining directly into the first floor windows at Benedict Commans (How are you going to mitigate this?) There are actually very few windows on the first Door of Benedict Commons at headlight leveL The ones that do exist would be screened by new plantings along the property line. 3. PM-JO Mitigation (Lookingfor argument wl!Y the parking is not a trip generator as you discussed at DRC or Applicant's consent to providing the PM-JO mitigation as suggested by Environmental Health in DRC minutes that 1 previously sent you.) A parking facility is simply not a trip generator. Trips are generated by actual destinations or origins such as residential units, offices, and commercial facilities. This is the basis for trip generation. It might be possible to argue that the provision of additional parking may encourage the conversion of some transit trips to automobile trips, but not accepted quantification exists for this hypothesis. It is clear that cars are circulating our streets looking for parking. This phenomenon is a pollution generator that would be relieved to some extent by providing limited PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS -- .~ j o Mr. James Lindt City of Aspen 18 August 2004 Page Two additional parking in this area. PM10 would be mitigated by the nature ofthe gravel surface and application of dust suppressants as required. 4. Dust Suppression methods- Staffbeli~es additional dust will be created by increased use of parkingfacilities (Staff would recommend using dust suppressant called Calcium Lignosulfanate once per year in the spring, it is the treatment thot the City uses on gravel alleyways.) The applicant will comply with these dust-suppression recommendations. 5. Fence Materials- StqfJ felt that using wrought iron chain did not meet the intent of the acceptable fence materials in the code. There is no statement of intent with respect to fence materials, so this remains open to discussion and disagreement. However, I would discern that the intent ofthe fence code is to provide an attractive separation of uses and funetions through materials that do not detract aesthetically from the surrounding area. A post and chain fence certainly accomplishes this objective for a non-historic property. It represents a design that has been used in many parks and private settings, and certainly cannot be compared with, say, a chain-link fence that would not have the requisite aesthetic qualities for the area. It certainly should be noted that there are many fences in the area that have a significantly lower aesthetic component, and which mayor may not have obtained proper approval through the fence permit process. I hope that this additional information is helpful in providing a staff response to the application. Please let me know ifI need to provide any additional information. Cc: Peter Fomell MEMORANDUM TO: Plans were routed to those departments checked-off below: X Community Development Engineer X City Engineer o ........... Zoning Officer o ........... Housing Director X ........... Parks Department X ........... Aspen Fire Mar.hal- U ........... City Water o ........... Aspen Consolidated Sanitation District o ........... Building Department X ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney o ........... Streets Department o ........... Historic Preservation Officer o ........... Pitkin County Planning o ........... County & City Disaster Coordinator 0......... Parking Department FROM: James Lindt, Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 RE: 707 E. Hyman Conditional Use for a Commercial Parking Lot DATE: 7/14/04 DATE OF DRC MEETING: 7/21/04 Please review the attached application requesting to use 707 E. Hyman as a commercial parking lot. A DRC meeting will be held to review the application Wednesday, July 21" at 1:30 PM. Please return comments to John Neiwoehner or myself by 7/28/04. APPLICATION SENT OUT TO REFERRAL AGENCIES 7/14/04 DRC MEETING 7/21/04 WRlTTEN REFERRALS DUE TO JOHN NIEWOEHNER 7/28/04 Thanks, James ""-, ...- ...'" " APPLICATION ,';,. "'1,. Park Place - Commercial Parking Lot .,"~ "Ii~ 25 June 2004 ". .. .. - Applicant: Hyman Avenue Holdings, LLC - - Location: 707 East Hyman Avenue in Aspen (PID# 2737-182-27- 001) ... - - Zone District: Office District - ,- - Conditional Use Approval ,.w - .. Represented by: Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 970-925-2323 - .. - .. .. .. '. - ~ ,~ .. 25 June 2004 "TAN CLAUSON ASSOCIATES, LLC Planning' Urban Design Landscape Architecture Transportation Studies Project Management .. - - James Lindt, Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 200 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: clauson@scaplanning.com WEB: www.scaplanning.com .. - - - Re: Request for Conditional Use Review for the Park Place Parking Lot - Dear James: - - On behalf of Hyman Avenue Holdings, LLC, we are writing to request that the City of Aspen conduct the necessary reviews to provide Conditional Use approval for the Park Place Commercial Parking Lot on the property described as Lots C and D of Block 105, City and Townsite of Aspen, located on East Hyman Avenue, between Spring and Original Streets. The property is zoned "Office" and is part of a mixed-use neighborhood of commercial office and residential buildings. ... ... .. - The request is intended to provide for the use of Lots C and D as an automated commercial parking lot that will be gate controlled, and provide for monthly and daily paid parking. The lot will accommodate 19 vehicles total, including one handicapped accessible parking space. It will be fenced and landscaped to provide a more aesthetic appearance than the parking use currently on the site. .. - .. - Attached to this application is a Sketch Plan and Operational Characteristics statement as required by the code. The proposed Park Place Commercial Parking Lot will bring the property into compatibility with the mixed use development that has occurred in the neighborhood. The property is currently poorly-utilized and without streetscape amenities along Hyman A venue. Under this proposal, the parking would be organized and new landscaping installed. Moreover, the downtown core would benefit from additional parking in this location. - .. We look forward to an opportunity to present this application, which we believe will enhance the neighborhood and increase available parking for local residents and patrons of commercial properties. We remain ready to answer any questions that you or the review boards may have regarding the application. ~ i!1r - Stan Clauson, AlCP, ASLA STAN CLAUSON ASSOCIATES, LLC .. - .. OM - PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS - .. ... ,- .. ...."......, ". ,.. James Lindt 25 June 2004 Page 2 '.. .. .,. .. - Attachments: A Land Use Application Form B. Project Overview Land Use Code Standards Report C. Operational Characteristics Statement D. Sketch Plan, showing landscape and parking layout E. Vicinity Map F. Property Survey ~-.~, G. Letter of Authorization H. Legal DescriptionlProof of Ownership 1. Pre-application Conference Summary, dated 3 June 2004 .. ... "" ... .. ... .. ... - .. - ... - ... .- ... ,W ... Project: Commercial Parking Lot Applicant: Peter Fornell, Man~ng Partner; Hyman Avenue Holdings, LLC Location: 707 East Hyman Avenue; Lots C & D, Block 105, Aspen Townsite Zone District: Office (0) Lot Size: Lots C and D = 6,000 s.t: each Lot Area: Lots C and D = 6,000 s.t: each (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) ~ .. ,.. .. .. .. .. .. . Commercial net leasable: Number of residential units: Number of bedrooms: ....--' ...."" .J ATTACHMENT A DIMENSIONAL REQuIREMENTS FORM Existing: 0 s.f. Existing:...Jl. Existing:...Jl. Proposed: 0 s.f. Proposed:...Jl. Proposed:...Jl. . Proposed % of demolition (Historic properties only): N/A . DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined FIR: Side Setback: Side Setback: Combined Sides: ~ Existing: 0 sf Existing: 0 Existing: N/A Existing: 20-30 Existing: N/A Existing: N/ A Existing: N/A Existing: N/A Existing: N/A Existing: NIA Existing: N/A Existing: NIA Proposed: ...fL&.L Proposed: N/A. Proposed: N/A Proposed: 19 Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Proposed: N/A Allowable: 6.000 s.f. Allowable: N/A Allowable: N/A Required: 6 Required: N/A Required: N/A Required: N/A Required: N/A Required: N/A Required: N/A Required: N/A Required: N/A Existing non-conformities or encroachments: Parking areas oreviouslv encroaching on City ROW to be removed- Variations requested: None. - - .. .. .. ATTACHMENT A-LAND USE APPLICATION \PPLlCANT: ~ ~arcel ID # Peter Fornell 707 East H an Avenue; Lots C & D, Block 105, Indicate street address, lot & block number, Ie PID# 2737-182-27-001 riate ...ame: , ooation: 4 .. EPRESENTA TIVE: llame: ~ ddress: 1>hone #: Stan Clauson Associates, LLC 200 East Main Street 925-2323 ~ ~ ROJEcr: Name: ddress: Commercial Parkin!! Lot 707 East Hvrnan Avenue .. Phone #: - TYPE OF APPLICATION: (please check all that apply): .'IX Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt .'0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. ~Io GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition -0 GMQS Exemption 0 Subdivision 0 Historic Designation "10 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ..' 0 Lot Split 0 Temporary Use 0 Other: I ._ 0 Lot Line Ad'ustment 0 Te Amendment - ExISTING CONDmONS: , uses, vaJs, etc. Existing property consists of Lots A, B, C, & D; Townsite Block 105. Lots A & B conlain an office building, known as ~ Hannah-Dustin Buildin Lots C & D contain an A-frame structure in office use and surface - ~oPOSAL: (description of proposed buildings, uses, modifications, etc.) - See attached. ~ [lave you aUadled the .......niag? FEEs DuI:: $1.495 - Pre-Application Conference Summlll}' ..' Attachment #1, Signed Fee Agreement l{ Response to Attachment #3, Dimensional Requirements Fonn _oJ Response to Attachment #4, SubmiUal Requirements- Including Written Responses to Review Standards ""'\II plans that are larger than 8.5" x 11" must be fOlded and a ftoppy disk with lUI electnmic copy oC all written ~..xt (Microsoft Word Format) must be submitted as part oCtbe application. ~,..,.- .. .. ~ Attachment B Project Overview .. . - The property at 707 East Hyman Avenue contained until recently an A-frame structure in office use and informal parking for approximately twenty (20) cars, accessed from both the alley and the front curb cut. This parking was generally used by employees and patrons of the A-frame structure. This proposed commercial parking facility will establish an attractive well-organized and landscaped parking lot for use by monthly and daily parking patrons. Parking that previously occurred on the public right-of-way will be eliminated in favor of landscape materials approved by the Parks Department. Attached to this application is a sketch plan showing the proposed landscape and site improvements to be incorporated into this conditional use. .. .. ... - .* This proposed commercial parking use will alleviate parking problems, while at the same time be consistent with the historical use of the property. The property is located in the Office Zone district, which permits Commercial Parking Facilities as a special review use. Other uses on this mixed-use block include the Hannah Dustin office building, the Aspen Athletic Club building, which also has rental offices, townhouses, and affordable housing condominium development. The affordable housing condominium, known as Benedict Commons, contains an underground parking facility accessed from Hyman Avenue. This parking facility also leases spaces to the general public because of oversupply incorporated into the building. - .. - There is considerable on-street and private parking demand in this area Often all the parking spaces along the street are taken by residents, guests, and customers in this neighborhood, as well as persons seeking a reasonably close location to the gondola and commercial core. For these reasons, a clear need exists for additional off-street parking. This additional parking area will free up on-street parking spaces for short-term patrons of businesses and guests of residences in the immediate neighborhood and the downtown core. As a consequence, the proposed development will serve community goals of decreasing automobile congestion in the downtown core and restricting the parking supply to land that has been already developed, thus conserving 'green' space. - - - Additional parking is much needed in and near the downtown core as drivers circulate often looking for parking spaces nearby and causing unnecessary additional automobile congestion and pollution in Aspen. As noted, the neighboring property, Benedict Commons, rents out parking spaces to monthly renters as well as to its residents. Similarly, this project will provide additional parking to meet the apparent demand for parking spaces in this area. - - - .. ~ The applicant for the proposed unmanned, automated commercial parking lot will minimize any adverse effects. This includes any negative visual impacts which will be - .- Park Place-Commercial Parking Lot Conditional Use Application Page 1 - :.-"..... ~ .. mitigated with landscaping inoprovements, including street tree plantings and fencing. The operational characteristics will include private advertising for monthly leases and day users. . . In short, this development will be beneficial to both the immediate neighborhood as well as to the community and its guests by providing extra public parking adjacent to the downtown area, while organizing and landscaping an existing parking use. .. .. .. w - ... - .. - .. - .... .. - Park Place-Commercial Parking Lot Conditional lJ~e Annlieation P...... ? -- .~ 4 .~ ,.. ~ Responses to Land Use Code Sections applicable to Conditional Use - - ... Chapter 26.425 CONDITIONAL USES ~ .. 26.425.040 Standards applicable to aU conditional uses. When considering a development application for a conditional use, the Planning and Zoning Commission shall consider whether all of the following standards are met, as applicable. .. .~ A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this title; and .. ~ - Response: The conditional use of a surface parking lot in the Office zone district is consistent with the Aspen Area Community Plan and its underlying zone district. First. this development serves the transportation policy in the Aspen Area Community Plan which aims to "reduce automobile congestion in the downtown core, particularly in the evening and on weekends, so as to foster economic sustainability." The proposed parking lot fulfills this policy of reducing congestion by providing much needed additional parking to residents, guests, and clients of businesses in the neighborhood. Located in the Office zone district, this particular site will also provide a cOTIVenient parking area for the downtown core. Second, this project further serves the goal of supplying the area with parking on infillland, thus conserving land in the Aspen area. - .4 B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and - ~ Response: This project will serve a necessary function by providing parkingfor the neighborhood and the surrounding area. The proposed site is in the Office zone district, adjacent to the downtown core. The site has contained an informal and unlandscaped parkingfacility in use for many years. Adjacent uses in this mixed-use neighborhood include an athletic club, which also rents office space, an office building, and townhouse and condominium development. Thus, the proposed development will fit in well with the surrounding area and provide a complimentary use to both the residents and customers of the both the immediate neighborhood and the downtown core. This proposed parking lot will be compatible with the character of the immediate vicinity since another parking facility owned by the City of Aspen Housing Department, in the Benedict Commons development also rents parking spaces to not only its residents but also to monthly renters. - - .. - ... - .. - Park Place-Commercial Parking Lot Conditional Use ADDlication Palle 3 -- ..., . .~ .. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and - ~ Response: This project has been designed to minimize any potential negative effects to the area, including screening from neighboring properties, sidewalk amenities, and fencing along the perimeter of the property. Parking will be available to monthly renters, some of who may be occupants of aqjacent buildings, along with daily parkers, who will purchase a daily ticketfrom the manager of the adjacent Hannah Dustin building. It is not intended that this parking will be advertised through signage to the general public, but rather monthly and daily parkers will be aware of the possibility of using this parking lot from media advertisements and word of mouth. In this way, on-site signage will be restricted to a small sign, not to exceed 18 inches by 24 inches, which will provide instruction regarding use of the facility. - ... - ~^,. D. There are adequate public facilities and services to serve the conditional use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Response: This project will require only minimal access to public utilities, notably electricity for the automated gate system and water (non-potable) for the landscaping irrigation system. These utilities are already in place in sufficient capacity to serve these minimal requirements. ." E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and The Community Development Director may recommend, and the Planning and Zoning Commission may impose such conditions on a conditional use that are necessary to maintain the integrity of the city's zone districts and to ensure the conditional use complies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; and is served by adequate public facilities. This includes, but is not limited to imposing conditions on size, bulk, location, open space, landscaping, buffering, lighting, signage, off-street parking and other similar design features, the construction of public fucilities to serve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. ~ .... - Response: Project will not generate any employment requiring affordable housing mitigation. No buildings are involved in this application. The facility is proposed to be serviced by an automated system, with some support from the building manager of the adjacent office building. - ,~ - Park Place-Commercial Parking Lot Conditional Use Aoolication Pal!:e 4 p""._, ~ 26.425.060 Application. ., The development application for a conditional use shall include the following. ~ A. The general application information required in Section 26.304.030; ., .. B. A sketch plan of the site showing existing and proposed features which are relevant to the review of the conditional use application; and, 4 Response: A landscape and site plan has been provided as an attachment to this application. C. A written description of the operational characteristics ofthe proposed conditional use; and, Response: A narrative description of the operational characteristics of the proposed conditional use is attached in the following pages. D. Ifthe application involves development of a new structure or expansion or exterior remodeling of an existing structure, proposed elevations of the structure. Response: No new structures or remodeling of existing structures are part of this application. ~ ..4 .. ... .. Park Place-Commercial Parking Lot Conditional Use Annlieation P90'P" -. .'-# ~ Attachment C Operational Characteristics ~ . The proposed parking lot will contain nineteen spaces, one of which will be a handicapped accessible space. These spaces are dimensioned in accordance with the City of Aspen Land Use Code. The parking lot surface will be washed gravel, which will present a natural appearance and allow good water permeability, without contributing to dust or PMlO, The perimeter of the parking lot will have a wrought-iron post and chain fence to control intrusion. There will be an automated gate at the entry to the parking lot. The parking lot will use the existing curb cut, with no change to on-street diagonal parking currently available. The lot will be landscaped as shown on the attached Sketch Plan. There will be a hanunerhead at the rear of the lot adjacent to the alley to facilitate internal movement of vehicles. No entry from the alley will be permitted. .. .. ~ .., The automated entry gate will be activated by a pass card in the possession ofthe vehicle owner. Pass cards will be made available to parkers on a monthly or daily basis. Pass cards would be available for purchase by mail or from the manager of the adjacent Hannah Dustin building. A small sign, not to exceed 18 inches by 24 inches will describe the entry requirements for this parking facility and give the name of an owner's representative who will be available at all times, should any issues arise. The parking lot would be accessible twenty-four hours a day, seven days a week. Purchasers of a monthly pass would be allowed unlimited access to the lot. Purchasers of a day pass would be allowed unlimited access for a 24-hour period. Day passes would only be made available for those spaces not already rented through the monthly pass program. So, for example, if there were 10 monthly parking pass holders, 9 spaces would be available for day users. ..., The parking lot will be kept clean and free of any debris and litter. Plantings will be regularly maintained, and watered through an underground sprinkler system. Signage, as noted, will be kept to a minimum. Curb stops placed at each parking space will prevent vehicle intrusion beyond the boundaries of the property. Complementary p1antings for screening, as shown on the sketch plan, will be placed on the adjacent Hannah Dustin property and along the public right of way of East Hyman Avenue, in conjunction with the City of Aspen Parks Department. .. ~ .. .. Park Place-Commercial Parking Lot Conditional Use Application Page 6 ,.-. Attachment D D NOTES ~ ~ ,~.. :OMMONNAME SIZE . .. .. ~ C<=M '" ca. ,. :; 0 " ~ 0 .. ~ Qua<;~ ~ 2?" ea!' ~ ~ ~ '. Piron,NLtPlne BIO~)O" caI, .. " E-. ~ fj f/J ~ ~1 ~j t:/:} IS /:::) ~ fO ENCL05f Pfl'(l:JNG COl'. 500 fO , UArE fO I3f IN5l'N-cW Al' ) fO I'lE IMPc,MENfW ON 50lIIH END /01.. 00 NOr 5OI.E FROM r:RA\\1NU. I d.' .. E-< o ~ U Z .... ~ ~ ~ ~~ ;::;'" ~i ~ :::!1 :::!1 o U~ ~~ j~ ~; ~ ~ -< ~ . ~ w '. .. " ; i i~~M i it !!l .. ,,*, C:\MJ 1lI'f>ft,,*e~l8rtdnllkUWIJ,24.Jun..()4]:41:17PM.1:1 ~ ~3 .. -. Attachment E 300 South Spring Street Vicinity Map :'Wi j '. ~ :<: co € HOPi( 1^'s"It€ L ~ .. .. - .. .- ... .. - .. - .. - .. - .. - .. - .. - ... .. - .- .. .. .. .. .. .. .. .. .. .. .... .. , ' t 1.0111" ,. "-,~~=,-",:-.,,, o Attachment F LEGEND AND NOTES " o . FOUIC)OItSET SUI'i!T-...EIIT'IIID1SCltllRO -. S_ON_"TWlli_!tlIVIT2/03 MVErCONTaol. Tlnel_Tllltt-FUlItISHEDIT' SmART 111UOl' U,EA, tile. _1OO.000~S lMTSO'JIollUMlT4,ztlOS """ STlHT LIOMT SEEC_INfUl'l'L"TFOlICOICIlMUUWtI__fION . o ... '" '" Of ... '" ~ ;;, o '" " . :<; . ... . t:< ~ ... . '" l1F_~t::", ,_.-' m~,~,~:_:."" ......SODUl;!n_...,~. ..__"_,-,. .. THe tllCOMO!lliI"~_rlHPlII' - OCllllil!t l"lI1iM._';~.: . ltOlt" U :., f~~t"'-It: ,'-:.;.-2d'~:_~ ""* I:"'.u~ .n"'l1i"'CII,.~ ,j .~ ., . :'~ .1 /J ~ "'E" 3:;:~{<f.. "~ W6 ..,'. .,'": ", . :~~ I _ .,,_;__~.~ ~~-~'-,~i~'j - =:li:'~:'~~TltW.tW.~,..Qf=- CK=n!r~ r:ri.m,;: IF''..:'~~''' ~~"CIlTl" ,r=:,r,Mor.. ~_ .,no 4":t.:.~... ........ - Attachment G . 24 June 2004 ,. Mr. James Lindt Community Development 130 S. Galena St., 3rd Floor Aspen, CO 81611 ,. Dear James: ,. As managing partner of Hyman Avenue Holdings, LLC, I, Peter Fomell, give Stan Clauson Associates, LLC and his staff permission to represent us in discussions with the City of Aspen regarding the conditional use of 707 East Hyman Avenue as a surface parking lot in Aspen, Colorado. We have retained this firm to assist us in the planning phase of this project. If you have any questions regarding this matter, please contact me. o. . Peter Fomell, Managing Partner Hyman A venue Holdings, LLC 402 Midland Avenue Aspen, CO 81611 .4 ,,-. .. ... .. - - ~-. Attachment H CITY OF ASPEN WRElT PAlO . cY-~~ ~9NO. )q~(p3 crrv OF ASPeN HRI:TT PAlO DATe REP NO. 02 -:b(Y-CY lQv0:S . . WHEN RECORDED RETURN TO: . Name: Hyman Avenue Holdings, LLC C/o Krabacher Sanders, PC 201 N.MiIl Street, Ste. 201 Aspen, CO 81611 Dr # loco.CD " Address: . '. 4 WARRANTY DEED . THIS DEED, made this 28th day of February, 2003, between George A. Vicenzi Trust, as to an undivided 25% interest and Alan J. Goldstein, as to an undivided 75% interest of the said County of Pitkin and State of Colorado, grantor, and Hyman Avenue Holdings, LLC, a Colorado Limited Liability Company whose legal address is C.B.Management, PO Box 1747,605 Sherman Parkway Springfield, MO 65801-1747 of the said County of Pitkin and State of Colorado, grantee: . ~ <Ul () .~ WlTNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confmn, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: . - Lots A, B, C and D, Block 105 CITY AND TOWNSITE OF ASPEN II~III~IIHI~II~IIII :;;~~~! :1:B8P SILVIA DAVIS PITKIN COUNTY CO R 21. II D S". ee also described as follows: . THE HANNAH-DUSTIN CONDOMINIUMS, according to the Plat thereof recorded October 2, 1985 in Plat Book 17 at Page 78 as Reception No. 271969 and as defined and described by the Condominium Declaration for HANNAH-DUSTIN CONDOMINIUM recorded October 2, 1985 in Book 496 at Page 375 as Reception No. 271967. .. .. COUNTY OF PITKIN, STATE OF COLORADO . also known by street and number as: 300 S Spring St., Aspen, CO 81611 .. FIle Number: 00030095 Stewart Title of ASf'leJl, Inc. Wammty Deed - Photographic Record (Extended) Page J 0(2 ~~lrcLARATION RECEIVED 82/28/2003 .- - ,..-., /"-.. . - TO HAVE AND TO HOLD the same unto the said Buyer, his personal representatives, successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, his personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or person whomever. When used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Seller has executed this Bill of Sale this :25 day of r: e /':.N11 1/-111 , 'L 0 () "? .. ... - .. . , - ,/ .. .. .. STATEOF (o\(')"adn COUNTYOF ~)\~i^ The foregoing instrument was acknowledged before me this ril"J., day of _f'l" h at.i)q> by George A. Vicenzi, Trustee of the George A. Vicenzi Trust - My commission expires Witness my hand and official seal. - JnnniJ /~4//f1 Notary Public: ,1''''''', ,,\ "B~", fJ}" ~.'''"'''Io: l'..~'" -. oJl'.' T...."#" .. :: :~*o rvrp.., ""'~ :C(~ i.....: -ui fa- ; A~~(/B\..\~Q ~ ';.7~..........."r:f:",~"~ 'I, Ot: cO\,: ".., '",....'" .... ClMl\SSIOO ElCFlAEa AUOUST 1, 2006 .. .. - .. .~ ... ... .. File Number: 00030095 Stewart Title of Aapen. Inc. Bin of Sale - (Extended) Page 2 of2 I~mll ~I~ 11111 ~II ~ I ~~~~~ :1:- SILVIA DAVIS pmoo COUNTY CO R 21. II DIM. II - - ........ ~, .j . STATE OF fr l> ~ I d6-- COUNTY OF YYl ~ /') v oe.. The foregoing instrument was acknowledged before me this .;z ~ day of 7- ~ ~<!lO'" . by Alan J. Goldstein .if ~ My commission expires Witness my hand and official seal. " Notary Public: 111PBOYCE $~:.~. ~ . MY CO'.tAlSSlON I CC """'.. ..~ . ,,,~~ES: May 25, 2004 ~t\u!l~.-...u6llllOflNollly~ ~'tOfP.<1F- ':,'.~.'.- " ~ # ,. . '.# - 111111"'" ~~'!. It 21.. 2a/zee3'1 '8eP . D "',ee' File Number: 0003009' Stewart Title of Aspen. Inc. Acknowledgement. Seller Pagetof3 ~,....", EXHffiIT 1 EXCEPTIONS 1. Distribution utility easements (including cable TV). 2. Inclusion of the Property within any special taxing district. 3. The benefits and burdens of any declaration and party wall agreements, if any. 4. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 5. Taxes for the year 2003 and subsequent years not yet due and payable. 6. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 7. Terms, conditions, obligations and provisions of Agreement by and between the City of Aspen and Hannah Dustin Building Associates, a joint. venture as set forth in instrument recorded October 2, 1985 in Book 496 at Page 371 as Reception No. 271966. 8. Terms, conditions, obligations, provisions and easements of Easement Agreement recorded August 24, 1972 in Book 266 at Page 229 as Reception No. 153522. 9. Terms, conditions, obligations and provisions of Condominium Declaration for Hannah- Dustin Condominiums as set forth in instrument recorded October 2, 1985 in Book 496 at Page 375 as Reception No. 271967. 10. Terms, conditions, obligations and provisions of Subdivision Agreement as set forth in instrument recorded October 2, 1985 in Book 496 at Page 409 as Reception No. 271968. II. Easements, rights of way and other matters as shown and contained on Plat of Hannah- Dustin Condominiums recorded October 2, 1985 in Plat Book 17 at Page 78 as Reception No. 271969. .. III~/II~ IIIUI ~ II~ I ~ II/III :;;:~~{~:I:SIP SI~YIA DAVIS PITKIN COUNTY co R 21." D aee." File Number: 00030095 Stewart Title of Aspen, Inc. Warranty Deed - Exhibit I (Excqnions) Page I ofl '....'...-----....---- PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLlCATION: DESCRlPTION: . . '" . . . . . ,;;Ii ~ . .. ~ ~ /"'''' Attachment I ....." ...."" CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt, 920.5095 DATE: 6/3/04 707 E. Hyman Connneccial Parking Facility Conditional Use Stan Clauson Peter Fomell Conditional Use Owner would like to obtain conditional use approval to operate a connnercial parking facility on the vacant portion of the property at 707 E. Hyman Avenue. The faciIity is proposed to be an automated system that is to be unmanned. Land Use Code Section(s) 26.425 Conditional Use Review by: Staff for recommendation, Planning and Zoning Commission for final determination. Public Hearing: Yes, at the Planning and Zoning Conunission. Applicant must post property and mail notice at least 15 days prior to hearing. Applicant will need to provide proof of posting and mailing with an affidavit at the public hearings. Engineering Planning Deposit, Minor ($1,310 for 6 hours of staff time) Engineering Minor of $185 $1,495 (additional Planning hours are billed at a rate of $2 I O/hour) 12 Copies Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: Total Copies: To apply, submit the following infonnation: I. 2. 3. Proof of ownership. Signed fee agreement. Applicant's name, address and telephone nmnber in a letter signed by the applicant which states the name, address and telephone nmnber of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Tota] deposit for review of the application. Required Copies of the complete application packet and maps. An 8 ]/2" by II" vicinity map locating the parcel within the City of Aspen. Additional materials as required by the specific review. (Refer to cited code sections) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed (Parking Plan layout showing any landscaping or improvements proposed for the property). Applications shall be provided in paper format (nmnber of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or F]oppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 4. 5. 6. 7. 8. 9. 10. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on cmrent zoning, which is subject to change in the future, and upon fuctuaI representations that mayor may not be accurate. The summary does not create a legal or vested right. Stan Clauson. AICP, ASLA, 12:06 PM 8/13/2004, RE: 707 E. Hyman Concerns Page lof2 Reply -To: <clauson@scaplanning.com> From: "Stan Clauson. AICP, ASLA" <clauson@scaplanning.com> To: "'James Lindt'" <jamesl@ci.aspen.co.us> Cc: "'Peter Fornell'" <ras@weaverandlesteLcom> Subject: RE: 707 E. Hyman Concerns Date: Fri, 13 Aug 2004 12:06:53 -0600 Organization: Stan Clauson Associates, LLC X-Mailer: Microsoft Outlook, Build 10.0.2627 Importance: Normal X-MX-Spam: final=O.O 121951220; rbl=0.5000000000(0); heur=0.5000000000( -4000); stat=O.O 1 00000000; spamtraq-heur=0.5500000000(2004081301) X~MX-MAIL-FROM: <clauson@scaplanning.com> X-MX-SOURCE-IP: [216.237.72.75] X-MaiIScanner-1nformation: Please contact the ISP for more information X-MailScanner: Found to be clean James- Sorry to be a bit delay in responding. Please note answers interleaved below. Stan Clauson, AICP, ASLA Stan Clauson Associates, LLC 200 E. Main Street Aspen, Colorado 8] 611 USA Tel: 970-925-2323 Fax: 970-920-1628 ,-:\,ww.scaplannil1g.com Planning, Permitting, and Design Solutions for Communities and Private Sector Clients -----Original Message----- From: James Lindt [mailto:jamesl@ci.aspen.co.us] Sent: 06 August 2004 10:00 AM To: c1auson@scaplanning.com SUbject: 707 E. Hyman Concerns Hi Stan, In looking at the conditional use application for 707 E. Hyman, Staff has the following concerns about the proposal: . Vehicle queuing issues and pedestrian/vehicle conflict associated with entry off E. Hyman and only partial automation of facilities (day parkers have to go into Hannah- Dustin Building to get a parking pass and pay) (Staff would recommend flipping the parking Configuration so emergency access is off of Hyman and main access is off of alleyway as previously discussed.) Peter is not willing to give up the curb-cut access, which he believes is vital to the successful use of the lot and any future redevelopment of the property. The gate system has been modified to provide immediate entry. Exit would require a paid ticket or pass. This would eliminate any queuing issues. . SUV headlights shining directly into the first floor windows at Benedict Commons (How are you going to mitigate this?) There are actually very few windows on the first floor of Benedict Commons at headlight level. The ones that do exist would be screened by new plantings along the property line. . PM-IO Mitigation (Looking for argument why the parking is not a trip generator as you discussed at DRt or Applicant's consent to providing the PM-IO mitigation as suggested by Environmental Health in DRC minutes that 1 previously sent you.) A parking facility is simply not a trip generator. Trips are generated by actual destinations or origins such as residential units, offices, and commercial facilities. This is the basis for trip generation. It might Printed for James Lindt <jamesl@ci.aspen.co.us> 8/16/2004 Stan Clauson. AICP, AS LA, 12:06 PM 8/13/2004, RE: 707 E. Hyman Concerns Page 20f2 be possible to argue that the provision of additional parking may encourage the conversion of some transit trips to automobile trips, but not accepted quantification exists for this hypothesis. It is clear that cars are circulating our streets looking for parking. This phenomenon is a pollution generator that would be relieved to some extent by providing limited additional parking in this area. PM10 would be mitigated by the nature of the gravel surface and application of dust suppressants as required. . Dust Suppression methods- Staff believes additional dust will be created by increased use of parking facilities (Staff would recommend using dust suppressant called Calciumlignosulfanate once per year in the spring, it is the treatment that the City uses on gravel alleyways.) Sure. . Fence Materials- Stafffelt that using wrought iron chain did not meet the intent of the acceptable fence materials in the code. There is no statement of intent with respect to fence materials, so this remains open to discussion and disagreement. However, I would discern that the intent of the fence code is to provide an attractive separation of uses and functions through materials that do not detract aesthetically from the surrounding area. A post and chain fence certainly accomplishes this objective for a non-historic property. It represents a design that has been used in many parks and private settings, and certainly cannot be compared with, say, a chain-link fence that would not have the requisite aesthetic qualities for the area. It certainly should be noted that there are many fences in the area that have a significantly lower aesthetic component, and which mayor may not have obtained proper approval through the fence permit process. 1 was thinking that a short addendum to the application addressing these issues may be the best way to either solve some or all of these concerns, or clarify the Applicant's position on these concerns before it gets to P & Z. Please let me know what your position is on providing a short addendum addressing these concerns. We can provide a letter of addendum based on these responses, but I wanted to provide them to you in advance. I should also note that it continues to be a matter of concern that so much attention is being devoted to this small parking facility when Benedict Commons next door is leasing spaces to the general public without any approvals to do so. se Printed for James Lindt <jamesl@ci.aspen.co.us> 8/16/2004 PUBLIC NOTICE RE: 707 E. HYMAN CONDITIONAL USE FOR COMMERCIAL PARKING LOT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, October 5, 2004 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, Sister Cities Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Hyman Avenue Holdings, LLC requesting conditional use approval to operate a commercial parking lot at 707 E. Hyman Avenue. The property is commonly known as 707 E. Hyman Ave. and is legally described as Lots CoD, Block 105, of the City and Townsite of Aspen. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 920-5102,jamesl@ci.aspen.co.us. s/Jasmine TVl!:re, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on September 4, 2004 -------------------------------- City of Aspen Account I I . I I I .. r.. I . l _."-"~"~~~^-"-"",,-,,,,,,,',,-----,.,~,--,-,~~"""'-'-'""''''''''''"-'"-""-'-"".~'''.''',"~"-- Page I of I X-Sender: jerryn@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 05 Aug 2004 14:20:24 -0600 To: James Lindt <jamesl@ci.aspen.co.us> From: Jerry Nye <jerryn@ci.aspen.co.us> Subject: Re: Maintenance of Gravel Parking Lot X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean James: I think we should require him to do no more than what we do for alley dust control, and that is, a dust suppressant to be applied every spring as early as the weather will permit, and i use a dust suppressant that's called calciumlignosulfanate, ( this is a product made from the pressing of plywood, so it's basically tree sap and a water mixture.) (Really smells Bad) this can be purchased from GMCO out of Rifle. or any dust suppressant that falls under this environmentally friendly definition. No Mag chloride products should be asked for. Give lee Cassin a call for some other types of dust suppressants that could be used in the city limits if you need them. At 01 :51 PM 8/5/2004, you wrote: Hi Jerry, We have a land use request in for Peter F omell (Park Place Parking Garage guy) to be able to operate a commercial, gravel parking lot at 707 E. Hyman. We would like him to maintain it as a gravel lot for aesthetic and drainage purposes, but we would like them to treat the gravel to minimize dust. Do you have maintenance suggestions or specific materials you would recommend us require of them for keeping the dust down? Please let me know. Thanks, James James Lindt Aspen Community Development 920-5102 Jerry L. Nye Streets Dept. x 5133 file:l/C:\DOCUME- I ~ames1\LOCALS-I \ Temp\eud23.htm 8/5/2004 "..... , '" Reply-To: <clauson@scaplanning.com> From: "Stan Clauson. AICP, ASLA" <clauson@scaplanning.com> To: "'James Lindt'" <jamesl@ci.aspen.co.us> Cc: "Peter Fornell" <ras@weaverandlester.com> Subject: RE: 707 E. Hyman DRC Minutes Date: Fri, 30 Jul 2004 II: I 0:34 -0600 Organization: Stan Clauson Associates, LLC X-Mailer: Microsoft Outlook, Build 10.0.2627 Importance: Normal X -MX -Spam: final=O.O I 00000000; rbl=0.5000000000(0); heur=0.5000000000( -6400); stat=O.O I 00000000; spamtraq-heur=0.5000000000(2004073002) X-MX-MAIL-FROM: <clauson@scaplanning.com> X-MX-SOURCE-IP: [216.237.72.75] X-MailScanner-lnformation: Please contact the ISP for more information X-MailScanner: Found to be clean Peter did not want to give up the access from Hyman Avenue and made the point that in the prior configuration with the A-Frame on the site, even more cars were accessing the parking area from Hyman Avenue. This plan represents a considerable reduction from the original informal usage. He does intend to clarify the access to the lot including the fact that the gate would open automatically for any vehicle on entry, as long as spaces were available. Alternately, the gate might be eliminated entirely. In either case, the issue of queuing from Hyman Avenue would be resolved. Peter further pointed out that the nearby Benedict Commons underground garage has a street entry that also provides access to lease parking. Thanks, Stan Clauson, AICP, ASLA Stan Clauson Associates, LLC 200 E. Main Street Aspen, Colorado 81611 USA Tel: 970-925-2323 Fax: 970-920-1628 www.scaplanning.com Planning, Permitting, and Design Solutions for Communities and Private Sector Clients -----Original Message----- From: James Lindt [mailtojamesl@ci.aspen.co.us] Sent: 29 July 2004 2: 19 PM To: clauson@scaplanning.com Subject: 707 E. Hyman DRC Minutes Hi Stan, Please find attached the DRC minutes for 707 E. Hyman. Have you had an opportunity to speak with Peter Fornell about whether he would be amenable file://C:\DOCUME-I \jamesl\LOCALS-1 \Temp\eudl O.htm Page I of2 7/30/2004 ,.^...... Page 2 of2 '.,~. to flipping the parking plan for this property and have the primary access come from the alley rather than E. Hyman? Thanks, James file://C:\DOCUME-l \jamesl\LOCALS-l \ Temp\eudl O.htm 7/30/2004 . '''''', /~..... ,-".; CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Pavment of City of Aspen Development Annlieation Fees CITY OF ASPEN (hereinafter CITY) and Peter Fomell (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an applieation for Commercial Parking Lot (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CIlY agree that because of the size, nature or scope of the proposed project, it ~ is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additionaI costs may accroe following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greateT certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CIlY staff to complete processing or present sufficient infonnation to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CIlY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 1.310 which is for ~ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CllY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 pee planner hour over the initial deposit Such periodic payments shall he made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for. suspension of processing, and in no case will building permits be issued until all costs associated with case process~g have been paid. i By: By: (... CITY OF ASPEN Julie Ann Woods Commnnity Development Director Date: Mailing Address: 402 Midland Avenue Asoen, CO 81611 g:\supportlformslagrpayas.doc 1110/01 RETAIN FOR PERMANeNT RECORD - 11906 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen. Colorado BIBII (970) 920-5090 City of Aspen Land Use: 131041 Deposit 131042 Flat Fee 131043 HPC 131046 Zoning and Sign 1 /~/G- c . Referral Fees: 151163 City Engineer 251205 Environmental Health 237001 Housing I :., ) Building Fees: 211071 Board of Appeals 211072 Building Permit 211073 Electrical Permit 211074 Energy Code Review 211075 Mechanical Permit 211076 Plan Check 211077 Plumbing Permit 211078 Reinspection 211079 Aspen Fire Other Fees: 111006 Copy I I 1165 Remp Fee 601303 GIS Fee 231480 Housing Cash in Lieu 111165 Open Space Cash in Lieu Park Dedication Parking Cash in Lieu School District Land Ded. Code Sales (Joint) Contractor Licensing (Jointl TOTAL , I , J Gn) NAME: i-t- ~ l H 1,1, if r / ADDRESS/PROJECT: PHONE: CHECK# If '\ CASE/PERMIT#: j, ".k '/ I # OF COPIES: DATE: INITIAL: / 1 I Applicant: Payee: Type: Permit Number 0043.2004.ASLU Permit Receipt RECEIPT NUMBER 11906 Date: 6/28/2004 HYMAN AVENUE HOLDINGS, LLC July 2004 check # 1175 Fee Description Aspen Land Use App Fees 2004 Amount Total: 1,310.00 1,310.00