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HomeMy WebLinkAboutcoa.lu.sr.Cantina.A01885 " (""". ""u\SELOAD SUMMARY SHEET City of Aspen .1'*\ ..-'.' .. DATE RECENED:O-;)$-K!:> ..,DATE RECENED COMPLETE: PROJECT NAME: ~...).,.'-"'''' D"",-\\J..oOR \)~""'",, APPL ICANT d tJ) Applicgnt Address/Phone: REPRESENTATIVE: Representative Address/Phone: CASE NO. Olga ~6f) STAFF: "'" 6 - ~ " \ D-e..v , <l.,J Type of Application: I. GMP/SUBDIVISION/PUD (4 step) Conceptual Submission ____ Preliminary Plat ____ Final plat ($2,730.00) ($1,640.00) ($ 820.00) II. SUBDIVISION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat ($1,900.00) ($1,220.00) ($ 820.00} ($1,490.00) (~ ____ III. .~IV. EXCEPJ' lON/EXEMPJ' ION/ REZ ON ING (2 ~t ep) SPECIAL REVIEW (1 step) J Special Review Use Determination Conditionql Use" - (.., ,,1 l&)(<6')) Other: o..:::lc~of<, v.,"','^"'\ L...Y.- , . ======~=======:===============~==========~===================~====== G CC MEETING DATE: 'S'-'...'^-lL \."j) PUBLIC HEARING: YES ~ ============~::=:=R:=~E:=R:;:~~~~:~~==;~:;;::::==~~~============ REFERRALS: ~.City Atty ~ City Engi neer ____ Housing Dir. Aspen vlater ____ City Electric ____ Envir. H1th. _ Aspen Consol. S. D. _ Mtn. Bell ____ Parks Dept. _ Holy Cross Electric ____ Fire Marshall _ Fire Chief ____ School District _ Rocky Mtn. Nat. Gas ____ StateHwy Dept (Glenwd) --:-T' StateHwy Dept (Gr.Jtn) --x-.,!};l,d9t_ Zoni ng/Inspectn ____ Other: --------------------------------------------~1~.- -~-----------~---- --------------------------------------------- -- - ------------ /7-- FINAL ROUTING: DATE ROUTED: . ZD 8' INITIAL: './'- ,____ City Atty ____ City Engineer - -____ Building Dept. Other: Other: OlXN'P FILE STATUS AND LOCATION: VcWi CASE DISPOSITION: ta I>ti71~6otJw Oi" ;^j S" pec.;~l R-evie..> r""\ . _ . Ci ty Co.unc 6-J8~g') R4vielvcd by: ~0 -.. I I~ P~'i~.,'.\",'MoJ,-Z~~~ ~..~.~1--U~ r~ v . I '1 . rJ . ~ f\tv~'v'" ..,~./!,..,~l\, , · v . Reviel.led By: Aspen P&Z City Council . - " r- ,.-, t'~' ": '- MEMORANDUM. TO: Aspen Planning and Zoning Commission FROM: RE: Steve Burstein, Planning Office The Cantina Outdoor Dining Special Review DATE: June 18, 1985 ===================================================================== LOCATION: 411 East Main Street, Lots A, B, C and D, Block 87, City and Townsite of Aspen. ZONIHl: CC (H) ~~7-1) ~\,^'f' ~ e-Lfc APPLICANT'S REQUEST: The application is requesting permission for an outdoor patio dining and cocktail use at the Cantina Restaurant in the Chitwood Plaza. The open courtyard consists of. 1500 square feet of which 260 square feet would be used by Pour La France and 710 square feet would be used by the Cantina. There would be 32 seats at 10 tables for the Cantina. Within this patio space it is proposed to place a two foot wide planter across the frontagewith an angled 8. foot wic:'te opening to allow access to both The Cantina and Pour La France. The p-J:an-t:er segment extending across the Pour La France Restaurant will be placed 2 feet into tn-e. rig.ht-of-way. The paving surface for the plaza as well as the sidewalks adjacent to the building complex on Main and Mill Streets would be a "Dutch Handmold Brick." A 6 foot diameter planting peaest"cr} would occupy the center of the plaza. Four tree grates with silver maple trees would be located around the peripheries of the plaza. Finally, permanent quarter round shaped 'awrr~ would be placed above windows and doors (seven inside the plaza). APPLICABLE SECTION OF ZONIHl CODE: Section 24-3.7 states that a Special Review by the Planning Commission is required for commercial restaurant use of required open space. J(- ~? BACKGROUND: The Chitwood Plaza Building? (fo6,erlY known as the Epicure Plaza Building) was aw_a~de~~in the 1979 commer- cial growth management compet:ition. The Main Street courtyard, to be used for the outdoor dining, was conceived to be an integral feature of the site design, as evidenced in the following quotes from the GMP submission. , :,;v-&.) \., eV\J)Qc ~~,~ "The Main Street courtyard will be heavily landscaped, utilizing T ~ '~.t'^~"\ some of the existing trees as well as new trees and a three foot ~iX~J" high hedge around the dining space. The retaining of the dining ".c~/' 'V. function within the required open space requires Planning nd I{\",'< /'I Zoning Commission approval. Should this approval not be granted, the dining function will be eliminated and the area landscaped with the remaining courtyard space." (page 3) XJ "The most important amenity of the proj ect is the large useable garden space on the Main Street frontage." (page 7) On June 9, 1981, the Planning and Zoning Commission recommended approval of an exception from GMP for three employee housing units and no parking requirements imposed on the$e three uni ts. City Council approved this exception on June 22, ]981. An open space sp~€ial review was conducted for Pour La France Restau- . rant in May 1984. The original site plan included a two foot wide planter encroaching into the right-of-way by approximately three feet. The placement of the planter was changed in the applicant's proposal; and approval was granted for an arrangement in which a one foot wide planter would stand on private property. Subsequent to approval a low wooden fence was constructed. ",..., / ... r-. ,-, . On dl!m:!:re,i9.8$,,<J-rty Council granted an encro.achment license for the placement of the Pour La France planter, trees and tree grates 2 feet in the right-of-way. On June 17, Council will consider the encroach- ment of awnings in the public right-of-way. The ~-r.d~q"fA!:'I'eill'S granted a variance for the U$e of permanent awnings proposed in the right-of-way on June 13, 1985. The Historic Preservation Commission and the Commercial Core and Lodging Commission have both approved the proposed improvements to the Chitwood Plaza complex. MAJOR ISSUE AIiID CONCERNS '? A. Referral Agency COJIIIDents: Engineering Office - In a memo dated May 29, 1985, the Engineer- ing Office pointed out that the additional 32 person seating capacity created by the outdoor dining area would cause greater demand for parking in that vicinity, as well as have minimal effects on the building's utility use and trash generation. B. Staff Comments: The design of the open dining area seems to work well and would be an attrac.tive feature of the streetscape. The opening from the planter is eight f.eet wide, allowing adequate access to both restaurants. The 4 foot 1 inch gate going directly into the Cantina dining area likewise should be wide enough. The trees would be located a sufficient distance from the building to not be subject to snow dumping on them from roof or awning tops. Proposed vegetation should serve the pu ose of controlling air and noise pOllution off Main Street and th plowln and drifting of snow. The open space use should contribute pos . y to the diversity and ambience of the streetscape. Furthermore, outdoor dining was an anticipated use in the GMP application for this building and was well-received at that time. ,/1 V. Y'j The loss of~r,,<:.S" standing in the courtyard which were mention in the GMP application should not represent a loss of amenities, as the new plantings will replace them. The CC zone district does not require off-street parking; therefore additional parking demands from this proposal would have to be met by on-street and off-Site parking lot facilities. It is felt that par king is an.-..ae..;Jd,ulative prol:rl em for the Comme-rcial Core. However, it should be noted that there is curb:-side parking in front of Chitwood Plaza, and the Rio Grande parking lot is about one block away. RECOMMENDATION: The Planning Office recommends that you give approval to this special review application. SB.3 c"t","f'- ---------- ,. \J' .1h"\'"V1 Y0'\\'-'" S' ~ \ 'Cl ~'Vil\W' )'>-v' I J jY\ ,,^,,) IV1 ()l 11 A" , 'i\:~ I'rt'""' \J ft'J ~\w 2 ./ .. - "'. ~, ,-., ,-. MEMORANDUM ,,--cc, Date: June 5, 1985 TO: Steve Burstein, Planning Dept. Bill Drueding, Zoning I}JI'J> FROM: SUBJECT: Chitwood Building - Encroachment Request Cantina Outdoor Dining Enclosed is a copy of Section 4506(b), 1982 U.B.C. The Building Department would require retractable awnings or relief through the Board of Appeals. Section 4506(c) would require the awnings over the door on Mill st. not extend more than 7 feet from the building or nearer than 2 feet to the curb. Again, Board of Appeals relief would be necessary. In September, 1983, Pour La France requested an encroachment license for planters in front of their business so they could increase their outdoor seating. I believe Jay Hammond's memo of January 12, 1984, addresses this question. Refer to Section (c)(6) of attached memo. cc: Jay Hammond, City Engineer Ron Mitchell, Asst. City Manager Patsy Newbury, Zoning Official Jim Wilson, Building Official BD/ar A ~. MEMORANDUM TO: Jay Hammond, City Engineer FROM: Steve Burstein, Planning Office RE: Encroachment License for Chitwood Plaza DATE: June 3, 1985 ===================================================================== The Planning Office has. no problem with the proposed encroachments requested in the encroachment license application at the Chitwood PI az a. I MEMORANDUM To: Steve Burstein, Planning Office From: Elyse Elliott, Engineering Office Date: May 29, 1985 Re: Cantina Outdoor Dining - Special Review ------------------------------------------------------------------- ------------------------------------------------------------------- After reviewing the above application and making a site inspection, the Engineering Department has these comments: The outdoor dining area will increase the restaurant's capacity by 32 persons. This will have a minimal effect of the building's utility usage and trash generation. The Chitwood Plaza has adequate room for covered trash storage and can be easily accessed by a trash vehicle. The extra capacity will probably create more demand for parking in that vicinity. , /""-, ,-., MEMORANDUM o m@mowm ~ MAY 3 0 &is . , To: Streets Dept. Parks Dept. Building and Zoning Dept. Planning Dept. From: Jay Hammond, city Engineer~ Date: May 29, 1985 Re: Encroachment License for Chitwood Plaza =====~============================================================= The applicant has informed us that no sidewalk construction may begin until this issue has been resolved, so we need to schedule a Council date as soon possible. Please submit your comments to this office by June 3, 1985. Thank-you for your cooperation. " ! .~ '2-2.1 ,.-." MEMORANDUM Re: Encroachment License for the Chitwood Plaza =================================================================== Attached for your review is an application for an encroachment license for the Chitwood Plaza (Epicure Building and Pour La France). I would appreciate your comments by June 5, 1985. ,~ .:--, MEMORANDUM RE: Jay Hammond, City Engineer Bill Drueding, Zoning Official Steve Burstein, Planning Office Cantina Outdoor Dining - Special Review May 22, 1985 TO: FROM: DATE: ============~========================================================= AttaChed for your review and comments is an application submitted by Pete Rosell on behalf of The Chitwood Plaza, the Applicants for Cantina Outdoor Dining. The Applicants ~re requesting an outdoor patio dining , . Please review and return your comments no later than June 4, 1985 so this office has adequate time to prepare for its presentation before P&Z on June 18, 1985.. Thank you. , -.. ,-., ~ HEMORANDUM (? ,J i f,\.{ rv ,'IV' \5'-" TO: Aspen Planning and Zoning Commission FRO~1: Leslie Lee, Pfanning Office .< RE: Restaurant Open Space Review \\ . . Pour La France Roaring Fork & Spoon \\ \')' , j.Y. . . :.\ , \) . DATE: City Case No. 016A-84 May 22, 1984 ============~=============~============================================ APPLICANTS' REQUESTS Two restaurants, Pour La France and the Roaring Fork & Spoon, have made a joint special review application to utilize their buildings' open space as outdoor seating areas for their restaurant operations. Subsection 24-3.7(d) of the City Code pertains to this particular application. More specifically, subsection 24-3.7(d) (8) allows that with special review and approval by the P&Z, commercial restaurant uses may occur within the required open space of a building site. Both restaurants are located within Aspen's Commercial Core (CC) zone district. Pour La France is located at 4l1E. Main Street on City Block #87. The Roaring Fork & Spoon restaurant is located at J04 E. Hopkins on City Block #80. . Pour La France is located in the Epicure building, with a lot size of 6,000 s.f. I,S86 s.f. of the total 6,000 s.f. is open space. This represents 26.4% of its lot size. Pour La France is requesting that 207 s.f. (9 ft. x 23 ft.) of the I,S86 s.f. of open space area be utilized for outdoor restaurant seating during the summer months (approximately 13% of the total open space). Roaring Fork & Spoon is located in the Seguin building, with a total lot.size of 3,000 s.f. 790 s.f of the total 3,000 s.f. site is open space. This represents 26.3% of its lot size. Roaring Pork & Spoon is requesting 300 $.f. (IS ft. x 20 ft.) of the 790 s.f. of open space area to be used as outdoor seating for the restaurant (approximately 38% of the total open space). PLANNING OFFICE REVIEW Comments from the Engineering Department dealt mainly with the Pour La France landscape planter. They were concerned that, in the original site plan for the proposed seating area, the planter encroached into the right-of-way by approximately 3 feet. In the current application, however, no right-of-way encroachment occurs. The planter was re.duced to I foot in width and stands only on private property. Comments from the City Attorney's Office stated that both of the applications appear to comply with the intention of Section 24-3.7(d)(8). It was suggested that the Planning Commission will need to make its finding based on whether or not the proposed open space uses comply with and are not detrimental to the purpose and intent of subsections (d) (1), (2), (3) and (5). These subsections deal with open space requirements and not the commercial use of op~n space and are, therefore, not relevant to this review. They were dealt with at the time of project approval and are not changed by the special revieVl applications. It should be noted that, in the case of Pour La France, both the Commercial Core and Lodging Commission (CCLC) and the Historic preser- vation Commission (HPC) have approved the proposed plan. Both restaurants operated outdoor seating areas during the summer months of 1983. '"'~ ,-., -- Page 2 From a circulation and design standpoint, both applicants provide for adequate access to and from the proposed outdoor seating areas. While neither site plan shows precise table placement, sufficient area exists for tables and circulation to occur. Also, access to and from the interior of the buildings will not be hampered" given careful placement of tables. In the original GNP applications, outdoor restaurant seating was an anti~ipated future use for a portion of the Epicure courtyard. This intended type of outdoor and seasonal commercial use was not referenced in the Seguin Building (Smith Building) GNP application. PLANNING OFFICE RECOMMENDATION The Planning Office recommends that approval be granted by the Planning and Zoning Commission to Pour La France and the Roaring Fork & Spoon restaurants to utilize the requested open space for outdoor restaurant seating areas. If approved. the additional commercial square footage would be usable only in the warm months of the year. We feel that outdoor cafes actually enhance rather than detract from the usability of private open space as proposed by the two applicants. Furthermore, we think that this type of outdoor cafe use adds greatly to the viability of streetlife and pedestrian experience which is so important to Aspen. ;/- /' - ~ - ..-, PROPOSAL: To Use Open Space for Outdoor Sunwer Seating Size & Location of Space: The actual seating area would be approximately 207 ~ square feet located between the Pour la France! cafe and the sidewalk (along Main Street). We anticipate placing around 6 to 8 tables in the area. Dimensions of Planter: 34" high, The planter would be approximately 1 foot wide. Attached Plans: The attached drawings indicate the area in question. As drawn, the planter encroaches 3 feet onto...t.he existing sidewalk - something for which we originally planned to ask permission from the City Council. For time con- siderations we decided to drop that request and we now plan to build a smaller planter entirely on our own property. The more narrow planter will retain the same basic design and appearance that are shown. Affect on Open Space: We do not plan to enclose - and thus actually reduce - any open space at all; however, we do propose to use 207 feet of the building's open space for open air seating in the summer months. The building has 1,586 square feet of open space, which represents 26.4% of its lot size. ^ ^' 111111 The Hodge Companies Incorporated Real Estate Development and Management. 1565 Jackson Street. Oakland. California 94612 . (415) 339-9300 May 19, 1985 Mr, Alan Richard City of Aspen Planning Department 130 South Galena Aspen, Colorado 81611 He : Special review for outdoor dining at The Cantina Dear Alan, This letter is a formal request for an outdoor patio dining and cocktail use at The Cantina in The Chitwood Plaza (411 East Main Street), I have enclosed a site plan and elevation drawings of the patio area for your review, The actual floor area for the prcject is 19,900 S,F, on a 9,000 S,F, site, The open courtyard on lV'ain Street is 1,500 s. F , Pour La France uses 260 s. F, of the open courtyard for their outdoor eating and we propose to use an additional 710 S, F, for ours, There would be 32 seats at 10 tables for The Cantina. We feel that this request is in keeping with the city's open space objectives in that it maintains the open courtyard area which prcvides relief from the mass of the building and yet developes an enjoyable park-like setting for our customers. We intend to imprcve the courtyard area with perimeter planters (see detail blue- print) ,a six foot diameter planting pedestal and new 18-20 foot (J~"-4" caliper) emerald green maple trees. The paving surface will be a "Dutch Handmold Brick" paver to match the new sidewalk design, It should be noted that the original Chit- wood Building was constructed in the late 1800's before the need for open space re- quirements and that, as was typical of those days, it covered its' entire site, Please call me at 925-9220 if I can prcvide you with any additional information. Thank you for your kind attention to this matter and please note that I have enclosed a check for the $680 deposit towards review fees and a copy of the title policy showing Hodge Capital Co. as owner. pCRjrunr Enclosures ~---- '- i -~~ ~~/ : ~~~ 0 , i C i Q-. .l~! i!;-->~' ~d \ , :::: I t>: -' I ~I i I ! I l " I ., i; of' 4. Cl-1 ~ r ~~L s~~~ ~. .~ . u. ~ i. \) oJ.. J.\ ~ ! . 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ALTA Owner'S Policy Proposed Insured: B ALTA Loan Policy Proposed Insured: First National. and/or Assigns c. Beml( in Aspen $ $ $ Amount of Insurance Tax Cert. 1.100,000.00 Form 100 Porm 100.30 Premium S 5.00 $1216.00 $ 243.20 S 243.20 3. The estate or interest in the land described or referred to inlhis commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in; Rodge Capital Company 1. The !and referred to rr"! this commitment is described as follows: Lots A, B. and C Blc:ock 67 City and Townsite County O\:,iUdn, \, \J "- ~'~\>~pen Sta~f Authorized Countersignature 1652 (20M9!84) \) \ ~ , \ Colorado I I ! I l I r ! I I I j i I \ , . I ! t , t f j,r-;-..,-.-,. '_"'1::1:':"" AGENT'S FILE COpy Page 2 STEWART 'J'ITLE G(TAHA:O;'[''\" COMP,\':'iV GUAll'AI\J'T'V ro........n~.. Q-. ~~~t ~lU ~~~~ ~~~'t1 li~~ '. \ \ '" -r: ~-:--_._---:/~ I ~Q / i=~~~ () . ~ , , ( . '.~ 1- \) L J.\(\ ~ \. ~ , , r :./ .~ '., :... ::::- ...... i . --...... '- "'... " .. o , ., '. \, \ o . \ \ . , '. ..>e :z: 0 ts ~ ., 0 f !! .~--.._..~.. . . .. I .;c CI - I .... - - ~ ., . ,. e 2~ ~t~ ~~~L 1.i. ~~ ~ ~ e~-1 \t ~ lU. ~~ lU:::. -. ..., --~~ ',V '. ~ W~ , ." JI I :>'3 , .~ 1.- .' i'a . l~{~.. ,t. '''..~ll ~', .~ MOO~E PAPER FO~MS Hll.IIS10." (71:'1 ;'2S.\I191 TEAR HERE FOR CORRECTION ^ TAB STOPS + 1(1 view of the pre numbered pages. when adding pages please VB!! thes<lme nUMber 31),j use A. B, C, etc. on ad.dtbnall)agflS. + t + + + + "OlICYTYPE PROPERTY ~~~~~~? SOUflCE OF BUSINESS COUNTYCl}( TYPE 1 4040 2 C 3 4 5 09' _IA81L1TYAT REISSUE RArE llABiLiTY;loT SHOftTTERMRATE ESCROW CK 9 10 11 FIRST SPECIAL CHARGE (CREDIT) SECOND TYPE AMO'JNT TYPE " 15 16 17 - ~MuNiCiPAUrv-- SIMUI~fANEOUSPOliCv~. ~f' 7 ARGE ----.. AaS:rRACT"'Cj:~E------- PREMIUM 8 $836.50 EXTRA WORK CHARG~ 12 SPECIAL CHARGE (CREDI1.) -~(i'C'NT--'-"---'.- _.-l.:!_______________ 13 THIRD SPECIAL CHARGE(CRE5i'i'}---- ~~T---~~OuNr--------- ___-E _ ALTAOWNER'S POLlCY-Amunde'd,lO/17!70 MC/KK SCHEDULE A Order No.: 13047 Date of Policy: April 22, 1985 At 4:35 PM Policy No.: o 648957 Amount of Insurance: S 375,000.00 1. Name of Insured: HODGE CAPITAL COMPANY 2. The estate or interest in the land described hetein and which is covered by this policy is: FEE SIMPLE 3, The estate or interest referred to here.in is at Date of Policy vested in: HODGE CAPITAL COMPANY 4. The land referred to in this policy is described as follows: Lot D, Block 87 CITY AND TOWNSITE OF ASPEN County of Pitkin, State of Colorado /) I ' . ! 'I) II I ~ f./- cJ eLC I-~,/{----( AUTHORIZED COUNTERSIGNATURE S'I'EWAR'r TI'I'LH GUARANTY COMPANY CODE 0012 Page 2 . , '~ ,-., ,-., MEMORANDUM TO: Paul Taddune Barry Edwards Dan HcArthur Al Richman Bill Drueding Jay Hammond ~ FROM: DATE: .Tanuary 12, 1984 RE: Requests for Encroachments into or vacations of Public Right-of-I'lay SOMe of. you May recall a memorandum last summer regarding the establishment of a policy and procedure for the consideration of requests for encroachments into City rights-of-way. Now that the winter season has afforded me time tooursue the matter, I am attempting to put forward an ul?dated procedure. Based on your co~ents, it would al?pear that codification of this procedure is advisable. Inclusion of submittal requirements for encroachment or vac<ition requests, as well as specific review criteria, should serve both to inform aoplicants of what information is required as well. as what. considerations may suggest denial of the request. As a policy, we have suggested the general inadvisability of granting encroachment or vacation requests. Codification of this procedure and review criteria as well as the requirement of an application fee may help to discourage the submission of frivolous requests. Another change to the procedure involves the inclusion of vacation requests under the same submission and review requirements as encroachments. Several recent re,"!lll~sts ~or street and alley vacations have pointed UP the need for a consistant nrocedure for evaluating such requests. It would seem that vacation of a City right-of-way is a concern virtually identical to encroachment in that the City is giving up right-of-way in some form. Evaluation of vacation requests under the same.set of criteria should serve to address whether the City can afford to grant public right-of- way on a permanent basis. What follows is an outline of a suggested ordinance governing the qranting of encroachment and vacation requests. I would ask the attorney's office to recommend whether this item should be an amendment to Section 19-5 or a new ordinance in the Code. Procedure for Granting Encroachment into or vacation of Public Streets (a) Intention - To establish submission requirements and review criteria for applications to encroach into or vacate , , .~ r- Page Two Reouests for Encroachments into or Vacation of Public Right- of-Way ,January 12, 1984 the public right-of-way in the City of Aspen. or vacation requests shall meet the following Drior to issuance ofa building permit or any or other use of public right-of-way. (b) Submittal Requirements -Applications for encroachment licenses or street vacatiqns shall be submitted to the City of Aspen Engineering Department and shall include the following: All encroachment requirements grading, filling, (I) Processing Fee - Upon submitting an apDlication for an encroachment license or the vacation of a street, the applicant shall be required to pay a processing fee as established from time to time by ordiance of the City Council. (2) Letter.of Application - All encroachment/vacation applications shall include ten (10) copies of a letter addressing the following: (i) Name and address of applicant or representative. (ii) Name and address of property owners abutting the area of the encroachment or vacation. In the case of vacations of large tracts, letters of support from a majority (all?) of the abutting owners shall be required. (iii) An explanation of the nature of the encroachment or vacation requested. State the purpose for Which. the encroachment is needed or the rationale for the City to consider vacation. (3) Site Survey - All encroachment/vacation applications shall include ten (10) copies of a survey prepared by a Colorado registered land surveyor Showing the following; (i) One inch equals four hundred (400) feet scale vicinity map showing the area for which the encroachment or vacation is requested. (ii) Property boundaries of all properties abutting the area of the encroachment or vacation. AIl boundary lines shall show bearings and dimensions. (iii) .Existing structures, improvements, and landscape features, including trees greater than six (6) inches in diameter, in the area of the encroachment or vacation. Show all existing fences, irrigation and drainage improvements, curbs, gutters, and sidewalks. " ... . ,-., ,-., Page Three Requests for Encroachments into or Vacation of Public Right- of-Way January 12, 1984 (iv) Show the boundary of the encroachment or vacation including bearings and dimensions with adequate ties to existing monuments to permit the legal definition of the encroachment or vacation for exhibit purposes. (v) Show all existing utility lines in the right- of-way in which the encroachment or vacation is requested. (vi) Include the surveyor's certificate, signature, and seal. (vii) Date of preparation; scale, including bar type or graphical scale; and true north arrow. (c) Review Criteria - Following submission of an encroachment or vacation request to the City Engineering Department it shall be referred to the various city departments and utilities that may be affected. Following review and comment by the refferal agencies the Aspen City Council shall consider the request in light of the following: (1) Circulation - Does the orooosed encroachment or vacation cause a.potential problem with regard to accessing pronerty in the area. Could the request hinder area circulation or prevent service vehicles or utility companies from accessing facilities or other structures. (2) Streets MaintenaJ:lce - Does the proposed encroachment or vacation create a possible problem for street maintenance or snow removal operations. (3) Utilities - Could the proposed encroachment or vacation interfere with existing or future utility needs for the area. (4 ) vacation control, Enforcement - Could the proposed encroachment or create or aggravate an existing problem for traffic city police, or fire department personnel. (5) Expansion - Does the proposed encroachment or vacation provide the opportunity for expanding the floor area of structures. Would such expansion require Growth Management approval. Vacated streets may not be included in determining floor area ratios on a given ownership, they may however, be built on. (6) Income Space - Is the encroaching space intended for commercial or other income-producing space. If so, it may require a rental agreement with the City. L..- . , '. ~ . ,-., ~ Page Four Requests for Encroachments into or Vacation of Public Right- or-Way _'anuary 12, 1984 (7) Adopted Plans - Considering whether the proposed encroachment or vacation is consistant with any adopted plan (ie. trails, maIls, improvement districts, etc.) (8) Benefit - Considering whether the encroachment or vacation is beneficial to the City of Aspen. As a general policy, it is not in the City's interest to grant encroachments or vacations, thereby giving oublic prooerty to private use. New structures should be able to accomnlish their various lleeds within the confines of their procerty boundaries and required setbacks. Granting of encroachments should generally occur under one of the following conditions: (i) To acknowledge an existing condition and outline the owner's liability and res,?onsibility for maintenance and removal of the encroaching structure. (ii) To license an encroachment that is a public amenity. . Examples may include awning on commercial structures, planters in the right- of-way, irrigation systems to maintain landscaping, etc, vacation of public right-of-way should generally occur under the following conditions: (iii) It can be demonstrated that the city has not used the right-of-way historically for roadway, utility, or other purposes. (iv) All affected utilities and governmental agencies do not anticipate a reasonable future need for the right-of-way. Once again, I ask for your comments and suggestions regarding this matter. Thanks. JH/co