TUESDAY January 6 2009 B Planning Staff County

AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY January 6 2009
30 p
4
m Public Hearing
SISTER CITIES CITY HALL
I
ROLL CALL
II
COMMENTS
A Commissioners
B
Planning
Staff
C Public
III
MINUTES
IV
DECLARATION OF CONFLICT OF INTEREST
V
PUBLIC HEARINGS
A Pitkin
B
C
County Jail Growth Management Review
Aspen Institute Greenwald Pavilion SPA Amendment
533 E Hopkins Kenichi restaurant Growth Management
Review
VI
OTHER BUSINESS
A
VII
VIII
Chairperson and Vice
Chairperson Appointments
2009
BOARD REPORTS
ADJOURN
NEXT RESOLUTION NUMBER
t
0
I
SCA
MEMORANDUM
TO
Planning
FROM
Errin Evans Current Plannerv
THRU
Jennifer
DATE OF MEMO
December
MEETING DATE
January
RE
485 Rio Grande Place Growth
and
Zoning
n
iGo
Commiss
Phelau Deputy Community Development
Director
19 2008
6 2008
Management Quota System
Review
APPLICANT OWNER
STAFF RECOMMENDATION
Pitkin
Smith
County
Pitkin
Manager
County
Jodi
Faculties
recommends
construct
Associates
that
the
Planning
and
Zoning
Commission recommend that Council approve the request
for a Growth Management Quota System exemption to
REPRESENTATIVE
Stan Clauson
Staff
an
addition to the
County
Jail
Building
Inc
SUMMARY
LOCATION
The
Civic Address
485
Rio
Place Legal Description
County
Grande
Pitkin
Applicant requests
of the
Planning
Commission to approve the request for
and
Zoning
exemptions
for
growth management mitigation
Center Lot 1 and Lot 5 of
the Rio Grande
Subdivision
Parcel Identification Number
002
19
182
2735
CURRENT ZONING
USE
Located in the Public
zone
with
district
SPA
overlay containing
public buildings such as
the County Court House and the
County Jail
a
essential
PROPOSED LAND USE
The
Applicant
construct
computer
an
is
requesting
to
addition to house
servers
Photo of the
Revised 12
2008
30
Page
1 of 4
On December
BACKGROUND
16 2008
the
Planning
Zoning Commission made a
Grande Specially Planned Area
and
recommendation to Council to approve an amendment to the Rio
SPA for an addition to the County Jail The Rio Grande SPA encompasses several properties
including the two properties owned by the County The two properties will be the location of the
new
addition
Growth
In addition to the SPA amendment the
Management
confusion whether
created
The
or
Review
When the
not the review
and
Planning
was
application
required
Zoning
was
because
Commission
is also
application
is
first
required
submitted
net leasable
no new
to
requested
now
recommendation to Council to approve approve with conditions
deny
or
there
to
undergo
some
was
areas
make
will be
another
the review for
growth
management
LAND USE
REQUEST
following land
use
AND REVIEW PROCEDURES
approvals
from the
The
applicant
is
requesting
the
Zoning Commission
Planning and
Ouota System Essential Public Facilities pursuant to Land Use
090 4 Any development to an essential public facility requires the
470
Code Section 26
and Zoning Commission at a public hearing to make a recommendation to the
Growth
Management
Planning
City Council
Management
for
approval approval
Review The
City
with conditions
Council is the final
GROWTH MANAGEMENT REVIEW
The Planning and Zoning Commission first
or
disapproval
of the Growth
authority
application on December 16th to review the
SPA amendment This application also requires growth management review This addition will
be used to store technical computer equipment There will be no employees working in the unit
new net
leasable commercial
or
this
will the addition generate new employees There will be
office space created as defined by the Land Use Code
except for routine equipment checks
no
saw
nor
Net leasable commercial and office space Those areas within a commercial or
office building which are or which are designed to be leased to a tenant and
including but
to bathrooms stairways circulation
not necessarily limited to areas dedicated
corridors mechanical staging areas and storage areas provided however that
these areas are used solely by tenants on the site
occupied
for commercial
or
office purposes exclusive of any
area
Staff Comments
undergo review
addition to an essential public facility Since no
requirements for growth management mitigation
This
application
is
required
RECOMMENDATION
to
under Growth
new
Management
net leasable
Community Development Department
Planning and Zoning Commission recommend
Management Review
area
is
because it is
created there
an
are no
staff recommends that the
that the Council approve the
request
for Growth
Revised 12
2008
30
Page
2 of 4
RECOMMENDED MOTION
If the
Planning
and
Zoning
Commission chooses to recommend
to make a recommendation to
may use this motion I
Council to approve the request for the exemption for growth management mitigation
approval
for the
move
request they
City
i
ATTACHMENTS
Exhibit A Staff findings
Exhibit B
Application
2008
30
Revised 12
Page
3 of 4
OD I
RESOLUTION NO
SERIES 2009
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
ASPEN MAKING A
RECOMMENDATION FOR APPROVAL TO COUNCIL FOR
GROWTH MANAGEMENT REVIEW FOR THE PURPOSE OF CONSTRUCTING AN
ADDITION TO THE PITKIN COUNTY JAIL BUILDING LOCATED AT 485 RIO
GRANDE
PLACE LEGALLY
KNOWN AS LOTS 1 AND
5
PITKIN COUNTY CENTER
CITY OF ASPEN
851
47
073
Parcel Identification Number 2737
Stan Clauson
WHEREAS
Colorado
for
a
behalf of Pitkin
on
Specially
Commission
County
Associates
855
06
073
2737
Inc located at 412 North Mill Street
530 E Bleeker
Street Aspen Colorado
Planned Area Amendment dated October
2008 to the
6th
submitted
Planning
Aspen
request
a
and
Zoning
and
WHEREAS the subject property
is located of
485
Rio Grande
Place Aspen
the
parcels
aze
6e
identified
as
pazcel
numbers
851 2737
47
073
2737
855 and
06
073
property is Pitkih County Center Lot 1 and 5
the
of the
legal description
City of Aspen County of Pitkin
State of Colorado
and
WHEREAS
upon review of the
Community Development Department
applicable
as
leasable area
the
proposal
determined
and the
mitigation
applicable
for
code
standards
growth management
the
was
not
is for storage of computer infrastructure and does not generate net
and
WHEREAS during
Zoning
application
Commission
Council to approve
an
a
approved
duly
noticed
public hearing
on
Resolution No 36 Series of
December
16
2008 making
Planning
and
recommendation to
SPA Amendment for the construction of an addition to the
y
the
County Jail and
Zoning
WHEREAS during
a
Commission made
a
duly
noticed
public heazing
on
recommendation to Council
January 6 2009
to approve
the
Planning
and
the request for Growth
Management Review and
WHEREAS the Aspen Planning and Zoning Commission
development proposal
under the
applicable provisions
of the
has reviewed and considered the
Municipal
Code
as
identified
herein
and
WHEREAS the Planning and Zoning Commission finds that this resolution furthers and is
necessary for the
promotion
NOW THEREFORE
of public
health safety
and welfare
BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS
Section 1
procedures and standazds set forth in Section 26 of the City of Aspen Municipal
Planning and Zoning Commission hereby approves the request for exemptions for
Code
growth management mitigation This proposal does not generate new employees or create new
This addition is proposed to be used for the storage of
net leasable commercial or office space
computer equipment If this use was to change iri the future growth management mitigation
may be required
Pursuant to the
the
Section 2
representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awazded whether in public hearing or documentation presented before
the Planning and Zoning Commission aze hereby incorporated in such plan development approvals
and the same shall be complied with as if fixlly set forth herein unless amended by an authorized
entity
All material
Section 3
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein
provided
and the
same
shall be conducted and concluded under such prior ordinances
Section 4
If any section subsection sentence clause phrase or portion of this resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction such portion shall be deemed a
distinct and independent provision and shall not affect the validity of the remaining
separate
portions thereof
i
APPROVED BY the
January
2009 with
Planning
a
and
Zoning
Commission of the
City
of
Aspen
on
this
vote
Attest
Jackie
Lothian Deputy City
Clerk
APPROVED AS TO FORM
James R
True Special
Counsel
LJ
Erspamer Chairperson
6 day
of
EXHIBIT A
090 Review Standards for Development of Essential Public Facilities
470
26
development of an essential public facility upon a recommendation from the Planning and
Zoning Commission shall be approved approved with conditions or denied by the City Council
based on the following criteria
The
a
or structure
Community Development Director has determined the primary use and
to be an essential public facility see definition Accessory uses may also be part of an
essential public facility project
The proposed addition is an accessory use to the County Jail and other County and City
The
facilitate a more efficient network and computer server
system
Currently the existing facilities are inadequate and the new addition will
accommodate all the current needs for space and allow for more growth of future
computer equipment Stafffnds this criterion to be met
services
b
It will be used to
City Council
may assess waive or partially waive affordable housing mitigation requirements as is
deemed appropriate or warranted for the purpose of promoting civic uses and in
consideration of broader community goals The employee generation rates may be used
as a
guideline but each operation shall be analyzed for its unique employee needs
100 Calculations
470
pursuant to Section 26
The addition will be used to house data equipment and computer servers There will not
be any new net leasable commercial or office space created There will not be any new
staff generated as a result No growth management mitigation is required for this
proposed addition Stafffinds this criterion to be met
Upon
a
recommendation from the
Community Development Director
the
Revised 12
2008
30
Page
4 of 4
XNtaiZ3
STAN CIAUSON ASSOCIATESiNc
landscape architecture planning
qu
North Mill Street
Aspen Colorado
com
scaplanning
info
design
resort
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Memo
io
Errin Evans
From
Stan Clawson AICP ASLA
Cc
Jodi Smith Pitkin
Date
24 December 2008
Re
Pitkin
Pursuant to
City of Aspen Community Development Dept
County
our
County
Facilities
Manager
Data Center responses to Sec 26
090
470
application for
an
SPA Amendment for
a
modular structure
adjacent to the Pitkin County Jail to house data processing equipment we are
submitting this supplementary information responding to the Essential Public
Facilities section of the
application
Commission hearing
City
of
and provided
our
Aspen
Land Use Code After we had submitted
public notice
of 16 December 2008
for the
City
Planning
Zoning
staff determined that it would
be necessary to respond to this code section
been provided for a second Planning
Accordingly public notice has
Zoning commission hearing on b
January
2009 and this
supplementary
memorandum is
provided
in response to
the aforementioned code section
Sec 26
090 City Council
470
applications
The
following types of development shall be approved approved with conditions or
denied
by the City Council pursuant to Section 26
110 Proceduresfor review and
470
the criteria for each type of development described below
Except as noted all growth
with
the
shall
management applications
comply
general requirements of Section
050 Except as noted all City Council growth management approvals shall be
470
26
deducted from the respective annual development allotments and development
ceiling
levels
4 Essential
public facilities The development of an essential public facility upon a
from the Planning and Zoning Commission shall be approved
with
conditions or denied by the City Council based on thefollowing criteria
approved
recommendation
a
The
Community Development
structure to
be
an
Director has determined the primary
essential public
facility see definition flccessory
be part of an essential
public facilityproject
use
uses
or
ancl
may also
Enin Evans
3
City
of Aspen
Community Development Department
24 December 2008
n
Page Two
1
Response The Community
Development
addffion to the Pitkin
proposed
County data processing facilities is
provisions
b
Director has determined that the
for a structure to house City and
County Jail
an
essential
public facility
and
subject to
the
of this section
Development Director the City
Council may assess waive
affordable housing mitigation
partially
warranted for the purpose of
as is deemed
and
appropriate
requirements
The
promoting civic uses and in consideration of broader community goals
employee generation rates may be used as a guideline but each operation shall be
100
470
analyzed for its unique employee needs pursuant to Section 26
Upon
a
recommendation from the Community
or
waive
Calculations
Response The proposed data center will consolidate data processing
equipment currently housed with an unacceptable level of security in
city and County buildings It will provide a greater
level of security for this equipment while meeting the foreseeable expansion
needs for addtional equipment The consolidation of this equipment will
provide for enhanced security and maintenance efficiency thereby supporting
community goals This new facility will not generate any new employees
Moreover the spaces being vacated by the relocation of this equipment are
not likely to support additional employment generation
equipment
closets of various
is
B
MEMORANDUM
TO
Aspen Planning
THRU
Jennifer
FROM
Jason
RE
The Aspen Institute Greenwald Pavilion
and
Zoning
Commission
Phelan Planning Deputy
Lasser Special Projects Planner
Amendment and
GMQS Review
MEMO DATE
December 31 2008
MEETING DATE
January 6
SPECIAL NOTE
the
changes
Director
to the
This staff
proposal
L
Tent
Resolution
Consolidated SPA
No Series of 2008
2009
report
is
since the December
new
since the last
hearing
16 hearing
and addresses
It contains the
following
A summary of the issues raised from the last meeting
information provided by Staff and the Applicant
Staff recommendation
motion and
with
additional
A revised resolution
Also attached is the
commission
associated with
SUMMARY
original staff report of December 16 2008 This memo provides the
the development proposal background and dimensional standards
the development so that you have this information at hand
with
QUESTIONS
s public hearing on The Aspen Institute Greenwald Pavilion permanent
16
only tent the Planning and Zoning Commission raised a number of issues that they
summer
asked be addressed in further detail prior to moving on the application
AND
At the December
An informal
Development
Review Committee
December
2008 submission
meeting was held on December 17 to review the
Proposed Plan A tent location off utilities and Proposed Plan
B tent location straddling utilities Due to site constraints the applicant is requesting the
Planning and Zoning Commission review the December 9 2008 submission Proposed Plan A
Changes to the landscape plan features have been included in the drawing submitted by the
applicant on December 29 2008 attached as Exhibit K
The
9
Applicant
has amended the
design
below Comments from Staff follow in
of the
a
project
and
a
summary of the
changes are provided
applicable
separate italicizedparagraph when
1 Proposed Changes
Pavilion Location At the December 16 2008
hearing
the location of the tent
discussed particularly scheme B with the tent straddling the utilities
Development Review Committee DRC meeting it was determined
unacceptable by Public Works due to difficulties with emergency
Page
1 of 5
was
After
to
a
be
access
Community Development Staff and the referral agencies recommend scheme A
presented with scheme B on December 9 2008 The proposed location of the
pennanent summer
only tent will be north of the existing temporary use location to
allow for emergency access to the water and sewer mains The terrace on the south
side of the tent will allow for emergency access the material to be determined but
likely to be ADA compliant crusher fines installed to the specifications of the
Building Department The Utility Department has stated that the tent cannot be
located
on
the easement
Per the International
Code
IBC All paths shall be firm stable and slip
resistant Staff recommends the applicant continue to research materials and work
with the Parks Engineering and Building departments to meet their requirements
Building
Reducine the width of asphalt
to six 6 feet on the fire truck
about the material of the fire
pedestrian path
raised
access
access
road
Questions
and
road hammerhead
relationship to the
Staff specifically the increase in
the Commission and
by
impervious surface azea In response to the comments about the 14
wide asphalt road the applicant has instead proposed a 6 wide pedestrian bike and
cart path with pavers that allow grass or vegetation to pass through that make up
were
the amount of
the additional width
requirements
allow for proper fire truck emergency access
The additional width will be comprised of a material to be determined
required
to
crushed fines grass between pavers landscape
pedestrian friendly but will allow
for the required loads Configuration of the turnazound hammerhead will
accommodate the existing trees as approved by the Pazks Department
Per the International Fire Code
IFC Fire apparatus access roads shall be
designed and maintained to support the imposed loads offire apparatus and shall be
weather driving capabilities this provision does not
surfaced so as to provide all
specify a particular type ofsurface It is written in performance language therefore
the surface must carry the load of the anticipated emergency response vehicles and
be drivable in all kinds of weather
Ifgrass pavers are to be used they must be
installed to meet the above standards The grass paved areas must be maintained be
careful of snow plowing ripping out the pavers The grass paved areas must be
delineated from adjacent landscaping Staff recommends the applicant minimize the
amount of asphalt providing an alternative material for the access road in order to
provide a pervious landscape friendly experience for the pedestrian
The bike
nedestrian oath has been moved bevond 15 feet from top of sloe
cart
Concerns were raised about the proximity of the initial proposal in which the
cart path
bike
pedestriw
was
directly adjacent
to the
top of
slope Stream margin
Review standards do not allow for any development within a setback of 15 feet from
top of slope The applicant has relocated the cart path to the south to avoid
encroaching
into the
required
15 setback from top of slope
Concerns about the proximity
of the relocated path to the top ofslope were expressed
at the December 16 2008 hearing A request to move the path to avoid being within
1 S feet from the top of slope by Commission members and Staff has been addressed
by the applicant to locate the path outside of the IS setback The disturbed areas
Page
2 of 5
shall be
rewith native plants as approved by the Parks Department Staff
vegetated
recommends the applicant continue to work with the Parks Department on the
landscape planfor the proposed path and surrounding areas
Landscapine
Neighborhood
concerns
about the
have been raised A berm and
and scale of the temporary tent
landscaping to the north of the tent have
mass
screening
addition
requirements for facilities the application
proposed
proposes three 3 port
potties to be located between the tent and the Koch seminar
o
building The bathrooms aze to be required only when the permanent summer
only
been
tent is
In
functioning
to meet
for events
Landscape screening
for both the tent and temporary
facilities has been proposed
In order to reduce the
submitted
a
detailed
perceived mass and height of
landscape plan for the area to the
the tent the applicant has
north of the tent along the
that the trees be deciduous either
pedestrian and bike path Parks has requested
aspen or cottonwood as the tent will only be used in
are out and when the tent is removed in the winter
transparency
through
the site The
applicant
has
the
summer
when
the leaves
the bare trees will allow
responded
to
a
reguest
to
for
screen
the temporary
facilities with landscaping from both the Commission and Staff
Building department has reviewed and conceptually approved proposed plan A
December 9 2008 submission and determined that temporary port
o potties are
the
needs
the
events
in
the
Pavilion
least
one
At
sufficient for
of
1 ADA compliant
stall shall be provided Staff recommends the applicant continue to work with the
Parks Department to establish a landscape plan to be reviewed prior to Ciry Council
review
Maximum of 8 events per year no private events all events must comply with City
ofAspen sound ordinance requirements Due to neighborhood concerns about noise
frequency
and use the number of events has been limited to
eight 8 per summer
running private parties such as weddings have
late
been raised by neighbors The applicant has agreed to eliminate private events and
all events will be scheduled to comply with the City sound ordinance
Concerns about noise from
in
2006
from the original 2005 temporary use permit included the
elimination of private events due to noise complaints and violations of Ciry
Ordinance Staff recommends limiting the number of events to alleviate traffic and
transportation concerns Private events have more flexible schedules such as
weddings with dancing at the end of the evening for example than a lecture or ideas
festival type
event
Changes
which has brochures and
marketing
material with
a
specific
Staff recommends that the Planning and Zoning Commission recommend
that Council prohibit private events and require all events to comply with the Ciry of
Aspen sound Ordinance
timeline
REFERRAL AGENCY COMMENTS
The
Department Fire Marshal Aspen Consolidated
Sanitation District Building Department Housing Department Historic Preservation Officer
Utilities Transportation and Parking Departrnents have all reviewed the proposed application
and their requirements have been included as conditions of approval when appropriate
City Engineer Zoning Officer
Pazks
Page
3 of 5
STAFF RECOMMENDATION
Initially in the first proposal the removal of existing plantings and increase in non
landscaped
surfaces paved trails and vehiculaz access ways detracted from the existing pedestrian
experience and did not enhance the mix of development in terms of open space relationship to
Anderson Park and landscaping
However with reductions in tent size limiting impervious surfaces moving the pedestrian path
from within 15 feet from top of slope and landscape screening for the tent and temporary
facilities the proposal has addressed the concerns of the neighbors Planning and Zoning
Commission and Community Development Department
Staff recommends that the
Planning and Zoning Commission approve the application with
applicant continue to refine the proposal and provide
conditions for review prior to proceeding to City Council
and recommends the
conditions
drawings reflecting
Specifically
the
Staff recommends
Conditions of Aaaroval
1 The applicant shall provide a drainage plan grading plan and transportation plan
mitigating for Tent events as approved by the City Engineer
2 The transportation plan and scheduling of events shall address the number of
concurrent events increasing the mitigation and management for overlapping events
as
approved by
the
City Engineer
The institute shall hold
no more than 8 events per year at the Greenwald Pavilion
3
4 No private events shall be held at the Greenwald Pavilion weddings etc
5 All events must comply with City of Aspen sound ordinance requirements
6 The Greenwald Pavilion shall comply with the requirements of the ACSD and
Public Works no tent or structures over the utility easements to allow for emergency
access
n Landscape screening
shall be
on
the north side of the tent and around the toilet facilities
edges of the temporary facilities port
o
potties
1
required
8 At least one 1 pedestrian path through the Paepcke Memorial Garden shall be
accessible ADA all paths must be firm stable and slip resistant
provided
with
a
around the north and west
minimum of one
RECOMMENDED MOTION ALL
Imove to approve Resolution
Specially
Planned Area
SPA
ADA stall
MOTIONS ARE WORDED IN THE
35
Series
2008 recommending
AFFIRMITIVE
consolidated
approval
of the
Amendment to the Greenwald Pavilion Tent with conditions
ATTACHMENTS
EXHIBIT A SPA
EXHIBIT B
provided
Amendment GMQS
Applicant Supplemental
Findings provided
in the 12
08packet
16
criteria letter dated 2008
30
6
Information
SPA GMQS
Information
Employee Analysis
in the 12
08 packet
16
ExHisiT C Applicant
provided
Staff
in the
Supplemental
08 packet
16
12
Page
4 of 5
letter dated 08
18
8
EXHIBIT D
Applicant Supplemental
Information Traffic
Parking
Memo email dated
19provided in the 12
8
08
08 packet
16
ExxisiT E
DRC Comments
APCHA Parks Transportation
Zoning provided
EXHIBIT F Historic Preservation Commission Minutes
approved
with
conditions
and November
12
2008
Planned Area
EXHIBIT H The
Aspen
Agreement provided
08packet
16
in the 12
14 Series of 1991 Final Approval
08 packet
16
SPA provided in the 12
Meadows
Specially
ofthe
Aspen
Planned Area Development
Elevations Tent Utilities and Alternate location
water
the 12
08packet
16
Plan
mains provided in
EXHIBIT J Revised
Alternate location
Meadows
Subdivision
in the 12
08packet
16
EXHIBIT I Revised
Plan
over
north
of sewer and
Elevations December 9 2008 submission Tent Utilities and
sewer
and water
mains provided
a
2
in the 12
08packet
16
2 and landscape plan December 24 2008
Proposed Plan A
of
sewer
and water mains provided in new packet for
off
January 6 2009 Public Hearing
srr K Revised Plans
Exx
submission Alternate location
the
and
28continued 08
5
08
23
7
provided
EXHIBIT G Ordinance No
Specially
Parking Engineering
08 packet
16
in the 12
Page
5 of 5
35
RESOLUTION N0
SERIES
OF 200
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING
THE
CITY
SPECIALLY PLANNED AREA
COUNCIL
SPA
APPROVE
REVIEW FOR A PERMANENT SUMMER
ONLY
OF THE ASPEN MEADOWS
INSTITUTE
A
CONSOLIDATED
AMENDMENT AND GROWTH MANAGEMENT
SUBDIVISION
TENT
B
LOCATED UPON LOT 1
COMMONLY KNOWN AS THE ASPEN
1000 NORTH THIRD STREET
809
29
121
PARCEL ID 2735
WHEREAS the property commonly known and referred to as the Aspen Meadows has
previously been designated a specially planned area SPA on the City of Aspen Official Zone
District Map and
WHEREAS Ordinance No 14 Series of 1991 of the City Council of the City of Aspen
granted final approval of the Aspen Meadows Specially Planned Area SPA final development
plan and associated land use approvals and
1992 the First Amended Plat was approved to reconfigure
160 acres and has three existing buildings
subdivision to create Lot 1
B a parcel that is 13
and
the Paepcke Auditorium building
Bechter Building the Koch Seminar Facility
WHEREAS
in
the
the
to the
WHEREAS in 1995 the Second Amended Plat was approved allowing modifications
Seminaz Building defining dimensions and setbacks with a supplemental site plan
2005
WHEREAS the Institute has been operating asummer
only tent as a temporary use from
through 2008 for special events that exceed the capacity of existing meeting rooms on the
Institute campus and
Aspen Institute represented by Jim Curtis Planner
only tent located at
requested conceptual major development approval for a permanent summer
1000 N Third St Aspen Institute Aspen Meadows Lot 1 B City and Townsite Aspen and
WHEREAS
the
WHEREAS at
opened and continued
Commission considered
standards
and
applicant
The
regular meeting on July 23 2008 after the hearing was noticed
May 28 2008 and July 23 2008 the Historic Preservation
the application found the application was consistent with the review
Aspen Historic Preservation Design Guidelines and approved the
their
from
City of
conceptual application with
conditions
by
a
vote of 5 to 0
WHEREAS upon initial review of the application and the applicable code standards the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area SPA and
WHEREAS during a duly noticed public hearing continued to January 6 2009 upon
further public testimony discussion and consideration the Planning and Zoning Commission
Series of 200 by a five to zero
vote and
adopted Resolution No
Planning and Zoning Commission finds that the development
proposal meets or exceeds all the applicable development standazds 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
THEREFORE
NOW
BE
IT
RESOLVED
BY
THE
PLANNING
AND
ZONING
COMMISSION OF THE CITY OF ASPEN COLORADO THAT
Section 1
Aspen Municipal Code the
Consolidated Specially
Planning and Zoning Commission hereby recommends approval of a
Planned Area SPA Amendment and Growth Management Quota System Review for an
Essential Public Facility with the following conditions to be incorporated prior to City Council
Pursuant to the
procedures
and standards set forth in Title 26 of the
Review
Conditions of Aaaroval
1 The applicant shall provide a drainage plan grading plan and transportation plan
mitigating for Tent events as approved by the City Engineer
2 The transportation plan and scheduling of events shall address the number of
concurrent events increasing the mitigation and management for overlapping events
as approved by the City Engineer
3 The institute shall hold no more than 8 events per year at the Greenwald Pavilion
4 No private events shall be held at the Greenwald Pavilion weddings etc
5 All events must comply with City of Aspen sound ordinance requirements
6 The Greenwald Pavilion shall comply with the requirements of the ACSD and
Public Works no tent or structures over the utility easements to allow for emergency
access
facilities
n Landscape screening on the north side of the tent and around the toilet
shall be provided around the north and west edges of the temporary facilities port
o
potties with a minimum of one 1 ADA stall required
8 At least one 1 pedestrian path through the Paepcke Memorial Garden shall be
accessible ADA all paths must be firm stable and slip resistant
Section 2 Buildine
adopted building codes and requirements if and when a building permit
is submitted Accessible routes to any public right
way and accessible parking spaces will be
of
required The proposed project will be subject to the newly adopted Use Tax on building
materials The proposed project may be required to comply with a newly developed Efficient
The
Applicant
shall meet
Building Program
for Commercial
Section 3 Engineerin
The Applicant
sdesign shall be
Title 21 and all
design
projects
compliant
City of Aspen Municipal Code
published by the Engineering Department
with all sections of the
and construction standards
Section 4 Affordable Housing Audit
employee audit priol to building permit issuance and two yeazs
after issuance of C
O the form and methodology ofthe audit shall be reviewed by APCHA and
be consistent for both audits The applicant shall provide mitigation for any increase in employees
unless otherwise waived by City Council
The
applicant
shall submit
an
Section 5 Fire Mitigation
Aspen Fire Protection District shall be met This includes but is not
limited to access International Fire Code IFC Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to
weather driving capabilities this provision does not specify a particular type of
provide all
surface It is written in performance language therefore the surface must carry the load of the
anticipated emergency response vehicles and be drivable in all kinds of weather If grass pavers
aze to be used they must be installed to meet the above standazds The grass paved areas must be
maintained be careful of snow plowing ripping out the pavers The grass paved areas must be
delineated from adjacent landscaping
All codes
adopted by
the
Section 6 Public Works
System Standards with Title 25 and
with the applicable standazds of Title 8 Water Conservation and Plumbing Advisory Code of
the Aspen Municipal Code as required by the i pity of Aspen Water Department Utility
placement and design shall meet adopted City of Aspen standazds No structures shall be
permitted over the utility easements Emergency access to service the utilities shall be provided
The
Applicant
shall
comply
with the
City
of Aspen Water
at all times
Section 7 Sanitation District Requirements
Permanent
prohibited in sewer easements or right of
impact public ROW or easements owned by the
improvements
landscaping
which will
are
by the district to the Institute will be required
Prior approval of construction material for the
license issued
easement
access easements
will be
required
from the
applicant
to construct
a
ways including hard
district A revocable
s
terrace on the district
terrace will be
required
Additional
s
to the district to facilitate the district
sanitary sewer lines Service is contingent upon compliance with the
s rules regulations and specifications which are on file at the District office ACSD will
District
review the approved Drainage plans to assure that cleaz water connections aze not connected to
site utility plans require approval by ACSD ACSD will not
the sanitary sewer system On
approve service to food processing establishments retrofitted for this use at a later date Driveway
s interceptor
entrance drains must drain to drywells elevator shafts drains must flow thru o
All
ACSD fees
Permanent
improvements are prohibited in sewer easements or right of ways
infrastructure permit
must be paid prior to the issuance of an excavation foundation or access
ability
to maintain the main
w
Section 8 Environmental Health
The state of Colorado mandates
specific
mitigation requirements
of when
with
regard
to asbestos
filing
building permit
Additionally
requirements
noise
of
dust
on
requirements
fugitive
prohibition
engine idling regulation
fireplaces
and pool designs
code
to be
aware
a
include
a
abatement
Section 9 Exterior Liehtin
All exterior
s
requirements of the City
Outdoor
lighting
150
575
26
shall meet the
lighting
Land Use Code Section
Outdoor
Lighting
Code pursuant to
Section 10 Dimensional Standards
The dimensional
requirements
which shall
apply
to all
permitted
and conditional
uses
in the
A zone district shall be set by the adoption of a conceptual development plan
final development plan pursuant to Chapter 440
26 specially planned area
Academic
and
Section 11 Parks
approved
tree
permit
is
required
line of any tree on site Hand work
opening of the irrigation ditch
re
before
submission
decrease the
amount of spruce trees increase in aspen cottonwood Douglas fir and service berry bushes
The new grading and planting will require City seed mixes and approval of the landscaping All
new plantings will need to be irrigated and the landscape plan reviewed by Parks Department
her designee
Tree protection fences must be in place and inspected by the city forester or his
before any construction activities are to commence No excavation storage of materials storage
of construction backfill and storage of equipment foot or vehicle traffic allowed within the drip
An
only
will be
of the
approved
building permit
within the
protection
set
zones
and for the
Section 12 Transportation
Transportation requests
that the Institute meet with Staff
prior
to each summer season to discuss
transportation impacts as well as mitigation
parking
service etc Transportation requests that the Institute communicate
about alternative transportation options prior to large events
their schedule of events and associated
as
increased shuttle
attendees
event staff
such
with
Section 13
by the Applicant pursuant to the development
proposal approvals as herein awarded whether in public hearing or documentation presented before
the Planning and Zoning Commission or City Cotancil are hereby incorporated in such plan
All material
representations
and commitments made
development approvals and the
amended by an authorized entity
same
shall be
complied
with
as
if
fully
set forth
herein
unless
Section 14
This Resolution shall not affect any existing
any action or proceeding now pending under
as
herein
and the
provided
prior ordinances
same
and shall not operate as an abatement of
virtue of the ordinances repealed or amended
litigation
or
by
shall be conducted and concluded
under such
Section 15
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
If any
section subsection
sentence
APPROVED BY the
January
Planning
and
True Special
City
of
Aspen
on
this 6th
day
of
Lothian Deputy City
PLANNING AND ZONING COMMISSION
LJ
Counsel
ATTEST
Jackie
Commission of the
2009
APPROVED AS TO FORM
Jim
Zoning
Clerk
Erspamer Chair
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MEMORANDUM
TO
Aspen Planning
and
THRU
Jennifer
FROM
Drew
RE
Kenichi Restaurant
Zoning
Commission
Phelan Community Development Deputy
Alexander Planning
Director
Technician
Redevelopment 533 East Hopkins Avenue Growth
Management Review for Affordable Housing Resolution No Series 2009
Public Hearine
MEETING
January 6 2009
DATE
APPLICANT OWNER
STAFF RECOMMENDATION
Kenichi
Staff recommends that the
Aspen
Planning and Zoning
Commission approve the Growth Management
review of Affordable Housing
Inc
REPRESENTATIVE
David Johnston Architects pc
SUMMARY
Block
94
of Aspen
and Townsite
Lots G
I City
533 East
Hopkins
Avenue
USE
CURRENT ZONING
Located in the Commercial Core
zone
district with
restaurant is
a
a
historic
permitted
Management
Housing
CC
overlay
The
restaurant
retail
use
PROPOSED LAND USE
will not
change
proposed development
The land
use
Applicant requests of the Planning and
Zoning Commission approval of one Growth
The
LOCATION
from the
Review request Affordable
LAND USE REQUESTS AND REVIEW PROCEDURES
The
Applicant
Commission to
is
requesting
redevelop the
the
following
land
approvals
use
from the
Planning
and
Zoning
site
Growth Management Review for Affordable Housing pursuant to Land Use Code Section
4The Planning and Zoning Commission is the final review authority who
070
470
26
may approve approve with
conditions
or
deny
the
proposal
PROJECT SUMMARY
The
Aspen Inc has requested approval to expand their existing restaurant
Hopkins Avenue with an additiona1242 gross square feet of which
235 square feet aze gross interior floor azea The restaurant is completely subgrade and the
expansion would include the following
Applicant
Kenichi
which is located at 533 East
Expansion
of the northern
the centerline of the
Besides the
100
104
26
facade window wall to the north
columns supporting the structure above
expansion
an
interior remodel
is
so
proposed
office
Definitions Net leasable commercial and
that it is
Pursuant
space
are
aligned
to
with
Section
those
areas
within a commercial or
office building which are or which are designed to be leased
occupied for commercial or office purposes exclusive of any area
including but not necessarily limited to areas as dedicated to bathrooms stairways
circulation corridors mechanical areas provided however that these areas are used
solely by tenants on the site
to a tenant
and
Certain
azeas
seating
are now
also
a new
that
previously
were
being
used for restaurant
altered for the
service such as dining room
expansion of existing restroom space There is
airlock entrance that counts
net leasable
as
circulation and will not be counted towards
These
areas are
equated and accordingly adjust the gross interior square
of
235
footage expansion
squaze feet and provide a new net leasable azea of 98
square feet This 98 squaze feet also being the amount of squaze footage subject to
the Affordable
Housing
review
The
wishes to
provide
Applicant
of new net leasable
area
See
through
Exhibits 2 9
this affordable
Appendix
B of the
housing mitigation
Application
for 98 squaze feet
lieu payment
in
acash
All
development performed on structures in a Historic district must be granted a Certificate of
no
negative effect prior to development occurring This is an official form stating that the
proposed work will have no detrimental effect on the chazacter
defining features of a
The
Historic
Preservation
Officer
has reviewed this application and
designated property
approval has been granted This project meets the underlying zone district dimensional
requirements Commercial uses in the Commercial Core CC zone have a Floor Area Ratio
of 2
1 This would not be exceeded
by
the
new
development
STAFF COMMENTS
GROWTH MANAGEMENT REVIEWS
The Applicant is requesting one growth management approval to obtain sufficient development
allotments to construct the proposed project The requests and the project
s compliance with the
applicable
review standards
are
discussed below
Growth Management
Approval for the Development of Affordable Housing As mentioned
lieu payment for the
in
previously
Applicant has requested approval for acash
affordable housing requirement related to net leasable area The City uses the calculations
established in the City of Aspen Land Use Code and the Aspen
Pitkin Employee Housing
the
under Section 26
4The review
070
470
Guidelines to determine this
Development of affordable housing as required
requires that the development proposal be consistent
with the
Aspen
and
Housing
Guidelines The
Area
appropriate
Community Plan
following
fee
comply
with the
Pitkin County Employee
Aspen
cash payment
lieu
presents the calculation for the in
Table 1
AFFORDABLE HOUSING CASH
LIEUCALCULATION
IN
1
Total Additional Gross Interior
2
Less Additional Area for Restrooms
sq ft
3
Less additional Area for
for Airlock
4
Net Leasable Area
Applicable to Affordable
5
Number of employees
6
25 Reduction for net leasable space located within
7
Number of employees
8
60 of Employees
9
Affordable
s
ft
Circulation
generated
235
107
sq ft
30
Housing Mitigation sq ft
per 1000 sq ft in CC
generated by expansion
a
zone
district
basement level
98 sq ft
1000 sq ft
generated
1
4
08
3
30
0
18081
0
Housing in
Cash for
payment
10 Cash
Lieu Payment for this
in
98
one
Category
4
employee
project 130
213 x 18081
214
130
81
543
23
TABLE NOTES
Line 6 of Table 1 above represents the deduction granted to expansions of spaces that are
within the basement or upper floors refer to Calculations Section 26
1 Kenichi is
100
470
and considered basement space For commercial net leasable space within
upper floors the rates shall be reduced by twenty
five percent 25 for the purpose
of calculating total employee generation This 25 reduction is attributed towazds the Line 5
entirely subgrade
basement
or
detail of 4
1
new
employees generated per 1 000 sq ft of net leasable
lieu calculation
in
employees generated rate for this cash
area
The total in Line 6 is the
REFERRAL AGENCY COMMENTS
The
lieu
Aspen County Housing Authority provided
Pitkin
for the Application See Exhibit B
a
recommendation for
a
cash payment in
RECOMMENDATION
In
reviewing
as
well
as
the
the
proposal Staff believes that
applicable review standards in
the
project is consistent with the goals of the AACP
the City Land Use Code This project provides net
leasable space downtown
The increase in net leasable generates 18
recommends accepting the cash
lieu payment
in
RECOMMENDED MOTION
I
move to
as
Block
ALL MOTIONS
ARE WORDED IN THE
employees
and staff
AFFIRMATIVE
approve Resolution No Series of 2009 approving the Growth Management
Review for affordable housing through acash
lieu payment for the property legally described
in
94
Lots G
I City and Townsite of Aspen
533 East
ATTACHMENTS
ExrttBlT A Review Criteria and Staff Findings
EXHIBIT B
EXHIBIT C
Housing Referral
Application
dated DECEMBER
17
2008
Hopkins
Avenue
Q
Resolution No
SERIES
OF
2009
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING GROWTH MANAGEMENT REVIEW OF AFFORDABLE
HOUSING FOR THE EXPANSION OF THE BUSINESS KNOWN AS KENICHI
AND LOCATED AT 533 EAST HOPKINS
AVENUE
COLORADO
COUNTY
CITY OF
ASPEN PITKIN
Parcel No 004
40
3
07
2737
WHEREAS the City of Aspen Community Development staff held apre
application conference where it was determined that the Applicant sought to expand the
existing restaurant by 242 gross sq ft however Ordinance 51 was in effect thus not
allowing
this type of
development without approval
from the
Community Development
Director and
WHEREAS the Community Development Director received a letter from the
Applicant requesting exemption from Ordinance 51 The Community Development
Director granted the exemption based on the determination that the expansion was a
minor improvement to a business
s existing space and which did not substantially alter
the intensity of the use and
WHEREAS the Applicant held another pre
application
Community Development staff and established the appropriate
Application and
conference
direction
with
for
the
WHEREAS it was determined by Community Development staff that the review
Use Development the
for Minor Expansion of a Commercial Lodge or Mixed
and
the
Commercial
No
Certifzcate of
Negative Effect
Design Review would be handled
administratively with the Historic Preservation Officer granting the Certificate of No
Negative Effect and the Commercial Design Review and
WHEREAS the Applicant was informed that the creation of new
subject to GMQS review of Affordable Housing by the Planning
Commission and
area
is
WHEREAS the Applicant requested that
lieu payment and
in
through acash
the affordable
net leasable
and
Zoning
housing requirement
would be met
WHEREAS Community Development staff and
lieu payment for
in
Housing Authority calculated the cash
leasable area and
the
Pitkin County
Aspen
the 98 sq ft of
new
net
Zoning Commission reviewed the application
Development Department and the Aspen
Pitkin
County Housing Authority on January 6 2009 and
WHEREAS
the
and
Planning
upon recommendation of the
Communit
WHEREAS the City of Aspen Planning and Zoning Commission finds
development proposal meets or exceeds all applicable development standards and
approval
goals
and
and recommendation of
objectives of the Aspen
WHEREAS
Management Review
WHEREAS
the
approval
Area Community
Planning
and
for Affordable
the
City
of
of the land
Zoning
Housing as
use
that the
that the
requests is consistent with the
Plan and
Commission grants approval of Growth
a cash
lieu fee and
in
Aspen Planning and Zoning Commission finds that this
promotion of public health safety and welfaze
Resolution furthers and is necessary for the
NOW THEREFORE
BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS
Section 1
Pursuant to the
Code
the
procedures
Planning
and
Review for Affordable
and standards set forth in Title 26 of the
Zoning
Commission
hereby
Aspen Municipal
Management
approves Growth
Housing
Section 2 Buildin Permit Application
The
building permit application
a
A copy of the final recorded P
ZResolution
b
c
The conditions of approval
If
during
d
printed
on
the
following
cover
page of the
drainage plan including an erosion
licensed Civil Engineer which maintains
required
Colorado
shall include the
a
building permit
control
set
plan prepazed by
a
sediment and debris on
site
and after construction
As
applicable an excavation stabilization plan
CMP and drainage and soils reports pursuant
construction management
to the
plan
Building Department
s
requirements
e
As
applicable
Environmental
f
As
applicable
techniques
approval by
or
the
fugitive dust control plan
Health Department
a
a
detailed
other
excavation
techniques
City Engineer
if
plan
to be reviewed
and
approved by
that utilizes vertical soil
appropriate
and
acceptable
the
stabilization
for review and
g
Accessibility and
building codes
ADA
requirements
shall be addressed to
satisfactorily
meet
adopted
Section 3 Dimensional Requirements
The
redevelopment of the building as presented shall comply
requirements of the Commercial Core CC zone district
with the dimensional
Section 4 En
ineerin
Building permit submission
Municipal Code Title 21
shall be
and
all
compliant
with all sections of the
construction
and
excavation
City
of
Aspen
the
published by
engineering department
Section 5 Affordable Housing
The affordable
housing requirements
of the
shall be met with the
project
of
provision
a
lieu payment to be assessed at the time
in
cash
Section 6 Fire Mitieation
All codes
Aspen Fire Protection District shall be met This includes but is
access International Fire Code IFC 2003 Edition Section 503
sprinkler and fire alarm systems IFC as amended Section 903 and 907
adopted by
the
not limited to
approved
fire
Section 7 Water Department Requirements
The
Applicant
shall
and with the
25
Advisory Code
Department
comply
with the
City
of
Aspen
standards of Title 8
applicable
Aspen Municipal Code
of the
as
Water
System Standards
with Title
Conservation and
Plumbing
Water
required by
the
City
of Aspen Water
Section 8 Sanitation District Requirements
Service
is
contingent
specifications
which
compliance
upon
aze
on
with the
s
District
and
rules regulations
file at the District office
Section 9 Impact Fees
Pursuant to Land Use Code Section
pay
a
AirQuality and
TDM
a
26 Current Impact Fees
090
610
Development fees for the creation
Pazks
the
Applicant
shall
of net leasable
Section 10 Exterior LiHhtin
All exterior
pursuant
lighting
shall meet the
to Land Use Code Section
requirements of the City
s Outdoor Lighting
150 Outdoor lighting
575
26
Code
Section 11
The
rights granted by the approval of this site specific development plan shall remain vested
period of three 3 yeazs from the effective date of the approved development order
However any failure to abide by any of the terms and conditions attendant to this approval
shall result in the forfeiture of said vested property rights Failure to properly record all plats
and agreements required to be recorded by this Code within 180 days of the effective date of
the development order shall also result in the forfeiture of said vested property rights and
shall render the development order void within the meaning of Section 26
050 Void
104
for
a
permits
Section 12
The
approval granted hereby shall be subject to all rights of referendum and judicial review
the period of time permitted by law for the exercise of such rights shall not begin to run until
the date of publication of final development approval as required under Section
Aof this Chapter
070
304
26
Section 13
that is not part of the approved site
creation of a vested property right
Zoning
specific development plan
shall not result in the
Section 14
Nothing in this approval shall exempt the development order from subsequent reviews and
approvals required by this approval of the general rules regulations and ordinances or the
City of Aspen provided that such reviews and approvals are not inconsistent with this
approval
Section 15
The establishment of a vested property right shall not preclude the application of ordinances
or regulations which aze general in nature and aze applicable to all property subject to land
use
regulation by
the
City
of Aspen
including
regazd
electrical and mechanical codes In this
the
applicant
shall abide
mechanical codes unless
but not limited to building fire plumbing
condition of this development approval
as a
by any and all such building fire plumbing electrical
exemption therefrom is granted in writing by the city
and
an
Section 16
All material
by the Applicant pursuant to the
awazded whether in public hearing or
development proposal approvals
documentation presented before the Planning and Zoning Commission or City Council aze
hereby incorporated in such plan development approvals and the same shall be complied
with as if fiilly set forth herein unless amended by an authorized entity
representations
and commitments made
as
herein
Section 17
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
prior
as
herein
ordinances
provided
and the
same
shall be conducted and concluded under such
Section 18
If any
section subsection
held invalid
reason
shall be deemed
validity
of the
a
or
sentence
unconstitutional in
separate
distinct and
remaining portions
APPROVED BY the
Planning
portion of this resolution is for any
of competent jurisdiction such portion
clause phrase
a
court
or
independent provision
and shall not affect the
thereof
and
Zoning
Commission of the
City
of Aspen
on
this
of January 2009
APPROVED AS TO FORM
PLANNING AND ZONING
COMMISSION
LJ
City Attorney
ATTEST
Jackie
Lothian Deputy City
Clerk
Ersparmer
Chair
6 day
EXHIBIT A
REVIEW CRITERIA
AND
Pursuant to Section
a
STAFF FINDINGS
070 Minor Planning
470
26
The proposed units
and
Zoning
Commission
Applications
of the Aspen
Pitkin County Housing
Authority
Pitkin County Housing Authority shall be
Aspen
requiredfor this standard The Aspen
Pitkin County Housing Authority may choose to hold
a public hearing with the Board of Directors
comply
with the Guidelines
A recommendation from the
lieu payment
in
housing mitigation through acash
was submitted to the
Pitlcin County Housing Authority A recommendation was then
Aspen
received from the Aspen
Pitltin County Housing Authority by Community Development staff
See Exhibit B This review criterion has been met
The
s request
Applicant
for affordable
b Affordable housing required for mitigation purposes shall be in the form of actual newly
built units or buy
site units shall be provided within the City limits Units
down units Off
outside the City limits may be accepted as mitigation by the City Council pursuant to
2 Ifthe mitigation requirement is less than one Ifull unit acash
090
470
Paragraph 26
lieu payment may be accepted by the Planning and Zoning Commission upon a
in
recommendation from the Aspen
Pitkin County Housing Authority
If the mitigation
is
one
or more units acash
lieu
in
shall
payment
requirement
1
require City Council
3 Required affordable housing may be
090
470
approval pursuant to Paragraph 26
a
mix
these
methods
of
provided through
requirement for this development proposal is less than one 1 unit and one 1
lieu
in
employee generated therefore the Applicant may submit a request for cash
has
submitted
a
recommendation
acceptance The Aspen
Pitlcin County Housing Authority
lieu
in
acash
supporting
payment thus promoting a review by the Planning and Zoning
The mitigation
Commission This review criterion has been met
c
Each unitprovided shall be designed such that the finishedfloor level
or more
unit net livable
ofthe s
area
is at
or
above natural
or
offifty percent SO
finished grade whichever is
higher
Not
applicable
d
The
Applicant
is not proposing to
develop
The proposed units shall be deed
restricted as
affordable
housing
units
for sale units and transferred to qualified
Aspen County Housing Authority Guidelines The owner
Pitkin
may be entitled to select the first purchasers subject to the aforementioned gualifications
with approval from the Aspen
Pitkin County Housing Authority The deed restriction shall
authorize the Aspen
Pitkin County Housing Authority or the City to own the unit and rent it
to gual
ed renters as defined in the Affordable Housing Guidelines established by the
Pitkin County Housing Authority as amended
Aspen
purchasers according to
the
The proposed units may be rental units
employer
or
including but not limited to
nonprofit organization if a legal instrument
in
rental units owned by
form acceptable
a
to the
City
an
Attorney ensures permanent affordability of the units The City encourages affordable
housing units requiredfor lodge development to be rental units associated with the lodge
operation and contributing to the long
term viability ofthe lodge
Units owned by the Aspen
Pitkin County Housing Authority the City ofAspen Pitkin
County or other similar governmental orquasi
municipal agency shall not be subject to this
mandatory for sale provision
Not
applicable
The AppGeant is not proposing to
deed restriction of for sale units does
develop
not pertain
affordable
housing
units
so
the
EXHIBIT B
MEMORANDUM
TO
Jennifer Phelan
FROM
Cindy Christensen Housing
Community Development
DATE December 17 2008
RE
533 EAST HOPKINS AVENUE EXPANSION AND REMODEL
KENICHI
ParcellD No
004
40
073
2737
ISSUE The
applicant
feet ofwhich 98 is
is
requesting to expand
and renovate
a
restaurant
by adding
a total
of241 square
net leasable commercial space
Review Standards
Section 26
4
070
470
relates to the
A
100
470
states that 60 of
employee generation plan Section 26
The
or lodge development shall be mitigated
the additional commercial
employees generated by
applicant also states that this section allows fora 25 reduction for commercial net leasable space within
basement or upper floors Although the Code classifies the restaurant in the basement and is allowed the
25 reduction the restaurant is 100 below grade
According to the Code the 25 reduction is
fee
allowed The applicant calculated the payment
to be 23
544
lieu
in
the
If the 25 reduction
were
not allowed the
calculation of the fee would be
area
Less additional
area
follows
sq ft
235
for Restrooms sq fr
for Circulation @ Airlock sq
107
Total Additional Gross Interior Floor Area
Less additional
as
Net leasable Area Application to Affordable
Number of Employees
Number of Employees
30
ft
98
Housing Mitigation sq fr
generated per 1000 sq ft in CC zone district
Generated by Expansion 98
1
000 X 4
1
1
4
40
24
60 of Employees Generated
AH Cash
Lieu Payment for
in
a
Category
Lieu Payment for Affordable
In
Cash
Since the space is defined
building permit approval
as
basement space the
4
employee
Housing Mitigation
544
23
would be the
213
130
12
251
31
lieu due
in
payment
at the time of
TO
Aspen Planning
and
FROM
Jennifer Phelan
Community Development Deputy
RE
Appointment
Zoning
Commission
of Chairperson and
Director
Chairperson
Vice
MEETING
DATE
January
2009
of the year the Planning and Zoning Commission is tasked with electing a
Chair and Vice
Chair The appointment is for one year and currently elected members can be re
At the first
elected
meeting
RESOLUTION NO
uJ
Series of 2009
WHEREAS
chairperson
the
as
Planning
use
code
the term of each
chairperson and vice
030 Membership
212
26
Appointment removal terms and
Zoning
outlined in Section
vacancies of the land
WHEREAS
and
Commission is
required
to elect
and
position
is for
WHEREAS the commission voted to
meeting of the year on January 12 2009
one
elect
a
1
year and
chairperson
and
chairperson
vice
elected
chairperson
and
January 13 2010
and
NOW THEREFORE BE IT RESOLVED by the Planning
be appointed
Colorado by this resolution that
be appointed as vice
chairperson
and
DATED
both
positions
January 13
shall
expire
on
2009
Chair
ATTEST
Jackie
Lothian Deputy City
at their first
and
was
WHEREAS
elected vice
chairperson and
WHEREAS
a
Clerk
as
Zoning
Commission of Aspen
chairperson
and